As Pending in the House Finance and Appropriations Committee (L# 1066-4)
129th General Assembly | Regular Session | 2011-2012 |
| |
A BILL
To amend sections 7.10, 7.11, 7.12, 9.03, 9.06,
9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 101.15,
102.02, 105.41, 107.09, 109.02, 109.36, 109.42,
109.57, 109.572, 111.12, 111.15, 111.16, 111.18,
117.101, 117.13, 118.023, 118.04, 118.05, 118.06,
118.12, 118.99, 121.03, 121.04, 121.22, 121.37,
121.40, 121.401, 121.402, 121.403, 121.404,
122.085, 122.088, 122.0810, 122.0816, 122.0819,
122.171, 122.65, 122.652, 122.653, 122.657,
122.76, 123.011, 124.09, 124.23, 124.231, 124.24,
124.25, 124.26, 124.27, 124.31, 124.34, 124.393,
125.021, 125.15, 125.18, 125.28, 125.89, 126.12,
126.21, 126.24, 126.50, 127.16, 131.44, 131.51,
133.06, 133.20, 135.61, 135.65, 135.66, 145.27,
149.01, 149.091, 149.11, 149.311, 153.01, 153.02,
153.03, 153.07, 153.08, 153.50, 153.51, 153.52,
153.54, 153.56, 153.57, 153.581, 153.65, 153.66,
153.67, 153.69, 153.70, 153.71, 153.80, 154.02,
154.07, 164.02, 164.04, 164.05, 164.051, 164.06,
164.08, 164.14, 164.21, 166.02, 173.14, 173.21,
173.26, 173.35, 173.351, 173.36, 173.391, 173.40,
173.401, 173.403, 173.404, 173.42, 173.45, 173.46,
173.47, 173.48, 173.501, 183.30, 183.51, 185.01,
185.03, 185.06, 185.10, 307.86, 307.93, 319.301,
323.78, 340.02, 340.03, 340.05, 340.091, 340.11,
341.192, 341.35, 349.01, 349.03, 349.04, 349.06,
349.07, 349.09, 349.14, 505.101, 507.09, 705.16,
718.01, 742.41, 753.03, 753.15, 755.16, 755.29,
901.09, 924.52, 927.69, 1309.528, 1327.46,
1327.50, 1327.51, 1327.511, 1327.54, 1327.57,
1327.62, 1327.99, 1329.04, 1329.42, 1332.24,
1501.022, 1501.40, 1503.05, 1505.01, 1505.04,
1505.06, 1505.09, 1505.11, 1505.99, 1509.01,
1509.02, 1509.021, 1509.03, 1509.04, 1509.041,
1509.05, 1509.06, 1509.061, 1509.062, 1509.07,
1509.071, 1509.072, 1509.073, 1509.08, 1509.09,
1509.10, 1509.11, 1509.12, 1509.13, 1509.14,
1509.15, 1509.17, 1509.181, 1509.19, 1509.21,
1509.22, 1509.221, 1509.222, 1509.223, 1509.224,
1509.225, 1509.226, 1509.23, 1509.24, 1509.25,
1509.26, 1509.27, 1509.28, 1509.29, 1509.31,
1509.32, 1509.33, 1509.34, 1509.36, 1509.38,
1509.40, 1509.50, 1510.01, 1510.08, 1515.14,
1517.02, 1531.04, 1541.03, 1541.05, 1551.311,
1551.32, 1551.33, 1551.35, 1555.02, 1555.03,
1555.04, 1555.05, 1555.06, 1555.08, 1555.17,
1561.06, 1561.12, 1561.13, 1561.35, 1561.49,
1563.06, 1563.24, 1563.28, 1571.01, 1571.02,
1571.03, 1571.04, 1571.05, 1571.06, 1571.08,
1571.09, 1571.10, 1571.11, 1571.14, 1571.16,
1571.18, 1571.99, 1701.07, 1702.59, 1703.031,
1703.07, 1707.11, 1707.17, 1728.07, 1751.01,
1751.04, 1751.11, 1751.111, 1751.12, 1751.13,
1751.15, 1751.17, 1751.20, 1751.31, 1751.34,
1751.60, 1761.04, 1776.83, 1785.06, 1901.18,
1909.11, 1923.01, 1923.02, 1923.061, 1923.15,
2101.08, 2151.011, 2151.312, 2151.354, 2151.412,
2151.421, 2151.424, 2152.26, 2152.72, 2301.03,
2301.18, 2301.20, 2301.21, 2301.22, 2301.23,
2301.24, 2301.25, 2301.26, 2305.01, 2317.02,
2317.422, 2319.27, 2335.05, 2335.06, 2501.16,
2501.17, 2743.09, 2744.05, 2903.33, 2919.271,
2929.14, 2929.19, 2929.41, 2939.11, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, 2945.402,
3109.16, 3111.04, 3113.06, 3119.54, 3121.48,
3123.44, 3123.45, 3123.55, 3123.56, 3123.58,
3123.59, 3123.63, 3301.07, 3301.071, 3301.079,
3301.0710, 3301.0711, 3301.0712, 3301.16,
3301.162, 3301.70, 3302.02, 3302.031, 3302.05,
3302.07, 3304.181, 3304.182, 3306.12, 3307.20,
3307.31, 3307.64, 3309.22, 3309.41, 3309.48,
3309.51, 3310.02, 3310.03, 3310.05, 3310.08,
3310.41, 3311.05, 3311.06, 3311.19, 3311.21,
3311.29, 3311.52, 3311.76, 3313.29, 3313.372,
3313.41, 3313.46, 3313.55, 3313.603, 3313.61,
3313.611, 3313.612, 3313.614, 3313.64, 3313.6410,
3313.65, 3313.842, 3313.843, 3313.845, 3313.975,
3313.978, 3313.981, 3314.01, 3314.013, 3314.015,
3314.02, 3314.021, 3314.026, 3314.03, 3314.04,
3314.05, 3314.06, 3314.07, 3314.08, 3314.087,
3314.088, 3314.091, 3314.10, 3314.19, 3314.26,
3314.35, 3314.36, 3315.01, 3316.041, 3316.06,
3316.20, 3317.01, 3317.013, 3317.014, 3317.018,
3317.02, 3317.021, 3317.022, 3317.023, 3317.024,
3317.025, 3317.0210, 3317.0211, 3317.03, 3317.031,
3317.05, 3317.051, 3317.053, 3317.06, 3317.061,
3317.07, 3317.08, 3317.081, 3317.082, 3317.09,
3317.11, 3317.12, 3317.13, 3317.14, 3317.16,
3317.18, 3317.19, 3317.20, 3317.201, 3318.032,
3318.05, 3318.051, 3318.08, 3318.12, 3318.31,
3318.36, 3318.37, 3318.38, 3318.41, 3319.02,
3319.08, 3319.088, 3319.11, 3319.111, 3319.14,
3319.16, 3319.17, 3319.18, 3319.19, 3319.26,
3319.31, 3319.311, 3319.39, 3319.57, 3319.71,
3323.09, 3323.091, 3323.14, 3323.142, 3323.31,
3324.05, 3325.01, 3325.08, 3326.11, 3326.33,
3326.39, 3327.02, 3327.04, 3327.05, 3329.08,
3331.01, 3333.03, 3333.043, 3333.31, 3333.66,
3333.81, 3333.82, 3333.83, 3333.84, 3333.85,
3333.87, 3333.90, 3334.19, 3345.061, 3345.14,
3353.04, 3354.16, 3357.16, 3365.01, 3365.08,
3501.17, 3506.05, 3701.021, 3701.023, 3701.07,
3701.61, 3701.74, 3701.83, 3702.31, 3704.06,
3704.14, 3705.24, 3709.085, 3709.09, 3709.092,
3709.34, 3721.01, 3721.02, 3721.16, 3721.50,
3721.51, 3721.561, 3721.58, 3722.01, 3722.011,
3722.02, 3722.021, 3722.022, 3722.04, 3722.041,
3722.05, 3722.06, 3722.07, 3722.08, 3722.09,
3722.10, 3722.11, 3722.12, 3722.13, 3722.14,
3722.15, 3722.151, 3722.16, 3722.17, 3722.18,
3729.01, 3733.02, 3733.021, 3733.022, 3733.024,
3733.025, 3733.03, 3733.04, 3733.05, 3733.06,
3733.08, 3733.09, 3733.091, 3733.10, 3733.101,
3733.11, 3733.12, 3733.121, 3733.122, 3733.123,
3733.13, 3733.14, 3733.15, 3733.17, 3733.18,
3733.19, 3733.20, 3733.41, 3733.99, 3734.02,
3734.05, 3734.06, 3734.18, 3734.19, 3734.20,
3734.21, 3734.22, 3734.23, 3734.24, 3734.25,
3734.26, 3734.27, 3734.28, 3734.282, 3734.57,
3734.85, 3734.901, 3737.83, 3737.841, 3737.87,
3737.88, 3745.015, 3745.05, 3745.11, 3746.02,
3750.081, 3769.07, 3769.08, 3769.20, 3769.26,
3770.03, 3770.05, 3772.062, 3781.06, 3781.183,
3791.043, 3793.04, 3793.06, 3793.21, 3901.3814,
3903.01, 3923.28, 3923.281, 3923.30, 3924.10,
3963.01, 3963.11, 4113.11, 4113.61, 4115.03,
4115.033, 4115.034, 4115.04, 4115.10, 4115.101,
4115.16, 4116.01, 4117.01, 4117.03, 4117.06,
4123.27, 4131.03, 4141.08, 4141.11, 4141.33,
4301.12, 4301.43, 4303.02, 4303.208, 4503.061,
4503.062, 4503.235, 4503.70, 4503.93, 4506.071,
4507.111, 4507.164, 4511.191, 4511.193, 4517.01,
4517.04, 4517.09, 4517.10, 4517.12, 4517.13,
4517.14, 4517.23, 4517.24, 4517.44, 4705.021,
4709.13, 4725.34, 4725.48, 4725.50, 4725.52,
4725.57, 4731.65, 4731.71, 4733.15, 4733.151,
4736.12, 4757.31, 4781.01, 4781.02, 4781.04,
4781.07, 4781.09, 4781.14, 4781.15, 4781.99,
4905.90, 4909.15, 4911.02, 4927.17, 4928.10,
4928.18, 4929.22, 5101.16, 5101.181, 5101.182,
5101.183, 5101.244, 5101.26, 5101.27, 5101.271,
5101.272, 5101.28, 5101.30, 5101.35, 5101.37,
5101.46, 5101.47, 5101.571, 5101.573, 5101.58,
5101.60, 5101.61, 5104.32, 5104.341, 5104.35,
5104.37, 5104.38, 5104.39, 5104.42, 5104.43,
5111.012, 5111.013, 5111.0112, 5111.021, 5111.023,
5111.025, 5111.031, 5111.06, 5111.113, 5111.13,
5111.151, 5111.16, 5111.162, 5111.17, 5111.172,
5111.20, 5111.21, 5111.211, 5111.222, 5111.23,
5111.231, 5111.235, 5111.24, 5111.241, 5111.244,
5111.25, 5111.251, 5111.254, 5111.258, 5111.27,
5111.28, 5111.33, 5111.35, 5111.52, 5111.54,
5111.62, 5111.65, 5111.66, 5111.67, 5111.671,
5111.672, 5111.68, 5111.681, 5111.687, 5111.689,
5111.709, 5111.85, 5111.871, 5111.872, 5111.873,
5111.874, 5111.877, 5111.88, 5111.89, 5111.891,
5111.894, 5111.911, 5111.912, 5111.913, 5111.94,
5111.941, 5111.97, 5112.30, 5112.31, 5112.37,
5112.371, 5112.39, 5112.40, 5112.41, 5112.46,
5112.99, 5119.01, 5119.02, 5119.06, 5119.18,
5119.22, 5119.221, 5119.61, 5119.611, 5119.612,
5119.613, 5119.62, 5119.621, 5119.99, 5120.135,
5120.17, 5120.28, 5120.29, 5122.01, 5122.02,
5122.15, 5122.21, 5122.27, 5122.271, 5122.29,
5122.31, 5122.32, 5123.01, 5123.0413, 5123.0417,
5123.051, 5123.092, 5123.171, 5123.18, 5123.19,
5123.191, 5123.194, 5123.35, 5123.352, 5123.45,
5123.60, 5123.61, 5123.63, 5123.64, 5123.69,
5123.701, 5123.86, 5123.99, 5126.01, 5126.029,
5126.04, 5126.042, 5126.05, 5126.054, 5126.0510,
5126.0511, 5126.0512, 5126.08, 5126.11, 5126.12,
5126.23, 5126.24, 5126.33, 5126.41, 5139.11,
5139.43, 5505.04, 5540.03, 5701.13, 5703.05,
5703.37, 5705.14, 5705.211, 5705.392, 5707.031,
5709.07, 5709.62, 5709.63, 5709.632, 5715.26,
5721.30, 5721.31, 5721.32, 5721.37, 5721.38,
5721.42, 5725.151, 5725.24, 5725.98, 5727.84,
5727.85, 5727.86, 5729.98, 5731.02, 5731.18,
5731.181, 5731.19, 5731.21, 5731.39, 5733.0610,
5739.02, 5747.01, 5747.058, 5747.113, 5747.46,
5747.51, 5751.01, 5751.011, 5751.20, 5751.21,
5751.22, 5751.23, 5751.50, 5753.01, 6103.04,
6109.21, 6111.038, 6111.044, 6111.46, 6115.20, and
6117.05; to amend, for the purpose of adopting new
section numbers as indicated in parentheses,
sections 173.35 (5119.69), 173.351 (5119.691),
173.36 (5119.692), 3306.12 (3317.0212), 3314.20
(3313.473), 3721.561 (3721.56), 3722.01 (5119.70),
3722.011 (5119.701), 3722.02 (5119.71), 3722.021
(5119.711), 3722.022 (5119.712), 3722.03
(5119.72), 3722.04 (5119.73), 3722.041 (5119.731),
3722.05 (5119.74), 3722.06 (5119.75), 3722.07
(5119.76), 3722.08 (5119.77), 3722.09 (5119.78),
3722.10 (5119.79), 3722.11 (5119.80), 3722.12
(5119.81), 3722.13 (5119.82), 3722.14 (5119.83),
3722.15 (5119.84), 3722.151 (5119.85), 3722.16
(5119.86), 3722.17 (5119.87), 3722.18 (5119.88),
3733.02 (4781.26), 3733.021 (4781.31), 3733.022
(4781.32), 3733.024 (4781.33), 3733.025 (4781.34),
3733.03 (4781.27), 3733.04 (4781.28), 3733.05
(4781.29), 3733.06 (4781.30), 3733.08 (4781.35),
3733.09 (4781.36), 3733.091 (4781.37), 3733.10
(4781.38), 3733.101 (4781.39), 3733.11 (4781.40),
3733.12 (4781.41), 3733.121 (4781.42), 3733.122
(4781.43), 3733.123 (4781.44), 3733.13 (4781.45),
3733.14 (4781.46), 3733.15 (4781.47), 3733.16
(4781.48), 3733.17 (4781.49), 3733.18 (4781.50),
3733.19 (4781.51), 3733.20 (4781.52), 5101.271
(5101.272), 5101.272 (5101.273), 5111.14
(5111.141), 5111.261 (5111.263), 5111.892
(5111.893), 5119.612 (5119.613), 5119.613
(5119.614), and 5123.60 (5123.601); to enact new
sections 2151.56, 2151.57, 2151.58, 2151.59,
3319.112, 5101.271, 5111.14, 5111.261, 5111.861,
5111.892, 5119.612, 5123.60, and 5126.18, and
sections 7.16, 9.031, 9.05, 9.334, 9.335, 9.482,
111.181, 111.28, 111.29, 118.025, 118.31, 124.394,
125.182, 125.213, 126.141, 126.60, 126.601,
126.602, 126.603, 126.604, 126.605, 149.308,
153.501, 153.502, 153.53, 153.55, 153.692,
153.693, 153.694, 153.72, 153.73, 154.24, 154.25,
164.30, 173.41, 183.151, 305.23, 306.332, 306.55,
306.551, 349.17, 1327.501, 1505.011, 1505.05,
1509.022, 1541.25, 1541.26, 1571.012, 1571.013,
1571.014, 2151.429, 2335.061, 3123.591, 3302.042,
3302.06, 3302.061, 3302.062, 3302.063, 3302.064,
3302.065, 3302.066, 3302.067, 3302.068, 3302.12,
3302.20, 3302.21, 3302.22, 3302.23, 3302.24,
3302.25, 3302.30, 3311.0510, 3313.411, 3313.617,
3313.846, 3313.88, 3314.019, 3314.029, 3314.38,
3314.50, 3317.141, 3318.054, 3318.371, 3318.48,
3318.60, 3319.113, 3319.227, 3319.58, 3323.25,
3324.08, 3328.01 to 3328.04, 3328.11 to 3328.15,
3328.17 to 3328.19, 3328.191, 3328.192, 3328.193,
3328.20 to 3328.26, 3328.41, 3328.45, 3328.50,
3328.99, 3333.43, 3345.023, 3345.81, 3353.15,
3521.04, 3701.0211, 3701.032, 3701.94, 3701.941,
3709.341, 3745.016, 3770.031, 3793.061, 3903.301,
4313.01, 4313.02, 4729.021, 4781.121, 4911.021,
5111.0122, 5111.0123, 5111.0124, 5111.0125,
5111.0212, 5111.0213, 5111.0214, 5111.0215,
5111.035, 5111.051, 5111.052, 5111.063, 5111.085,
5111.161, 5111.179, 5111.224, 5111.225, 5111.259,
5111.271, 5111.511, 5111.83, 5111.862, 5111.863,
5111.944, 5111.945, 5111.981, 5112.991, 5119.012,
5119.013, 5119.222, 5119.622, 5119.623, 5120.092,
5122.341, 5123.0418, 5123.0419, 5123.0420,
5501.84, and 5703.059; and to repeal sections
122.0818, 122.12, 122.121, 122.452, 126.04,
126.501, 126.502, 126.507, 165.031, 179.01,
179.02, 179.03, 179.04, 340.08, 1501.031, 1551.13,
2151.56, 2151.57, 2151.58, 2151.59, 2151.60,
2151.61, 2301.19, 3123.52, 3123.61, 3123.612,
3123.613, 3123.614, 3306.01, 3306.011, 3306.012,
3306.02, 3306.03, 3306.04, 3306.05, 3306.051,
3306.052, 3306.06, 3306.07, 3306.08, 3306.09,
3306.091, 3306.10, 3306.11, 3306.13, 3306.18,
3306.19, 3306.191, 3306.192, 3306.21, 3306.22,
3306.25, 3306.29, 3306.291, 3306.292, 3306.30,
3306.31, 3306.33, 3306.34, 3306.35, 3306.40,
3306.51, 3306.52, 3306.53, 3306.54, 3306.55,
3306.56, 3306.57, 3306.58, 3306.59, 3311.059,
3314.014, 3314.016, 3314.017, 3314.025, 3314.082,
3314.085, 3314.402, 3317.011, 3317.016, 3317.017,
3317.0216, 3317.04, 3317.17, 3318.312, 3319.112,
3319.161, 3329.16, 3349.242, 3706.042, 3721.56,
3722.99, 3733.01, 3733.031, 3733.07, 3923.90,
3923.91, 4115.032, 4582.37, 4981.23, 5101.5211,
5101.5212, 5101.5213, 5101.5214, 5101.5215,
5101.5216, 5111.243, 5111.34, 5111.861, 5111.893,
5111.971, 5122.36, 5123.172, 5123.181, 5123.193,
5123.211, 5123.601, 5123.602, 5123.603, 5123.604,
5123.605, 5126.18, and 5126.19 of the Revised
Code; to amend Section 205.10 of Am. Sub. H.B. 114
of the 129th General Assembly, Section 125.10 of
Am. Sub. H.B. 1 of the 128th General Assembly,
Section 5 of Sub. H.B. 125 of the 127th General
Assembly, as subsequently amended, and Section 153
of Am. Sub. H.B. 117 of the 121st General
Assembly, as subsequently amended; to repeal
Section 5 of Sub. H.B. 2 of the 127th General
Assembly; and to amend the version of section
5111.913 of the Revised Code that results from
Section 101.01 of this act on July 1, 2012; and to
terminate certain provisions of this act on July
1, 2012, by repealing sections 126.60, 126.601,
126.602, 126.603, 126.604, and 126.605 on that
date; to make operating appropriations for the
biennium beginning July 1, 2011, and ending June
30, 2013; and to provide authorization and
conditions for the operation of programs,
including reforms for the efficient and effective
operation of state and local government.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 7.10, 7.11, 7.12, 9.03, 9.06,
9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 101.15, 102.02, 105.41,
107.09, 109.02, 109.36, 109.42, 109.57, 109.572, 111.12, 111.15,
111.16, 111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 118.06,
118.12, 118.99, 121.03, 121.04, 121.22, 121.37, 121.40, 121.401,
121.402, 121.403, 121.404, 122.085, 122.088, 122.0810, 122.0816,
122.0819, 122.171, 122.65, 122.652, 122.653, 122.657, 122.76,
123.011, 124.09, 124.23, 124.231, 124.24, 124.25, 124.26, 124.27,
124.31, 124.34, 124.393, 125.021, 125.15, 125.18, 125.28, 125.89,
126.12, 126.21, 126.24, 126.50, 127.16, 131.44, 131.51, 133.06,
133.20, 135.61, 135.65, 135.66, 145.27, 149.01, 149.091, 149.11,
149.311, 153.01, 153.02, 153.03, 153.07, 153.08, 153.50, 153.51,
153.52, 153.54, 153.56, 153.57, 153.581, 153.65, 153.66, 153.67,
153.69, 153.70, 153.71, 153.80, 154.02, 154.07, 164.02, 164.04,
164.05, 164.051, 164.06, 164.08, 164.14, 164.21, 166.02, 173.14,
173.21, 173.26, 173.35, 173.351, 173.36, 173.391, 173.40, 173.401,
173.403, 173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501,
183.30, 183.51, 185.01, 185.03, 185.06, 185.10, 307.86, 307.93,
319.301, 323.78, 340.02, 340.03, 340.05, 340.091, 340.11, 341.192,
341.35, 349.01, 349.03, 349.04, 349.06, 349.07, 349.09, 349.14,
505.101, 507.09, 705.16, 718.01, 742.41, 753.03, 753.15, 755.16,
755.29, 901.09, 924.52, 927.69, 1309.528, 1327.46, 1327.50,
1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04,
1329.42, 1332.24, 1501.022, 1501.40, 1503.05, 1505.01, 1505.04,
1505.06, 1505.09, 1505.11, 1505.99, 1509.01, 1509.02, 1509.021,
1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 1509.061, 1509.062,
1509.07, 1509.071, 1509.072, 1509.073, 1509.08, 1509.09, 1509.10,
1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 1509.181,
1509.19, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 1509.224,
1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27,
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34, 1509.36,
1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.14, 1517.02,
1531.04, 1541.03, 1541.05, 1551.311, 1551.32, 1551.33, 1551.35,
1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08, 1555.17,
1561.06, 1561.12, 1561.13, 1561.35, 1561.49, 1563.06, 1563.24,
1563.28, 1571.01, 1571.02, 1571.03, 1571.04, 1571.05, 1571.06,
1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 1571.16, 1571.18,
1571.99, 1701.07, 1702.59, 1703.031, 1703.07, 1707.11, 1707.17,
1728.07, 1751.01, 1751.04, 1751.11, 1751.111, 1751.12, 1751.13,
1751.15, 1751.17, 1751.20, 1751.31, 1751.34, 1751.60, 1761.04,
1776.83, 1785.06, 1901.18, 1909.11, 1923.01, 1923.02, 1923.061,
1923.15, 2101.08, 2151.011, 2151.312, 2151.354, 2151.412,
2151.421, 2151.424, 2152.26, 2152.72, 2301.03, 2301.18, 2301.20,
2301.21, 2301.22, 2301.23, 2301.24, 2301.25, 2301.26, 2305.01,
2317.02, 2317.422, 2319.27, 2335.05, 2335.06, 2501.16, 2501.17,
2743.09, 2744.05, 2903.33, 2919.271, 2929.14, 2929.19, 2929.41,
2939.11, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, 2945.402,
3109.16, 3111.04, 3113.06, 3119.54, 3121.48, 3123.44, 3123.45,
3123.55, 3123.56, 3123.58, 3123.59, 3123.63, 3301.07, 3301.071,
3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.16, 3301.162,
3301.70, 3302.02, 3302.031, 3302.05, 3302.07, 3304.181, 3304.182,
3306.12, 3307.20, 3307.31, 3307.64, 3309.22, 3309.41, 3309.48,
3309.51, 3310.02, 3310.03, 3310.05, 3310.08, 3310.41, 3311.05,
3311.06, 3311.19, 3311.21, 3311.29, 3311.52, 3311.76, 3313.29,
3313.372, 3313.41, 3313.46, 3313.55, 3313.603, 3313.61, 3313.611,
3313.612, 3313.614, 3313.64, 3313.6410, 3313.65, 3313.842,
3313.843, 3313.845, 3313.975, 3313.978, 3313.981, 3314.01,
3314.013, 3314.015, 3314.02, 3314.021, 3314.026, 3314.03, 3314.04,
3314.05, 3314.06, 3314.07, 3314.08, 3314.087, 3314.088, 3314.091,
3314.10, 3314.19, 3314.26, 3314.35, 3314.36, 3315.01, 3316.041,
3316.06, 3316.20, 3317.01, 3317.013, 3317.014, 3317.018, 3317.02,
3317.021, 3317.022, 3317.023, 3317.024, 3317.025, 3317.0210,
3317.0211, 3317.03, 3317.031, 3317.05, 3317.051, 3317.053,
3317.06, 3317.061, 3317.07, 3317.08, 3317.081, 3317.082, 3317.09,
3317.11, 3317.12, 3317.13, 3317.14, 3317.16, 3317.18, 3317.19,
3317.20, 3317.201, 3318.032, 3318.05, 3318.051, 3318.08, 3318.12,
3318.31, 3318.36, 3318.37, 3318.38, 3318.41, 3319.02, 3319.08,
3319.088, 3319.11, 3319.111, 3319.14, 3319.16, 3319.17, 3319.18,
3319.19, 3319.26, 3319.31, 3319.311, 3319.39, 3319.57, 3319.71,
3323.09, 3323.091, 3323.14, 3323.142, 3323.31, 3324.05, 3325.01,
3325.08, 3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05,
3329.08, 3331.01, 3333.03, 3333.043, 3333.31, 3333.66, 3333.81,
3333.82, 3333.83, 3333.84, 3333.85, 3333.87, 3333.90, 3334.19,
3345.061, 3345.14, 3353.04, 3354.16, 3357.16, 3365.01, 3365.08,
3501.17, 3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 3701.74,
3701.83, 3702.31, 3704.06, 3704.14, 3705.24, 3709.085, 3709.09,
3709.092, 3709.34, 3721.01, 3721.02, 3721.16, 3721.50, 3721.51,
3721.561, 3721.58, 3722.01, 3722.011, 3722.02, 3722.021, 3722.022,
3722.04, 3722.041, 3722.05, 3722.06, 3722.07, 3722.08, 3722.09,
3722.10, 3722.11, 3722.12, 3722.13, 3722.14, 3722.15, 3722.151,
3722.16, 3722.17, 3722.18, 3729.01, 3733.02, 3733.021, 3733.022,
3733.024, 3733.025, 3733.03, 3733.04, 3733.05, 3733.06, 3733.08,
3733.09, 3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 3733.121,
3733.122, 3733.123, 3733.13, 3733.14, 3733.15, 3733.17, 3733.18,
3733.19, 3733.20, 3733.41, 3733.99, 3734.02, 3734.05, 3734.06,
3734.18, 3734.19, 3734.20, 3734.21, 3734.22, 3734.23, 3734.24,
3734.25, 3734.26, 3734.27, 3734.28, 3734.282, 3734.57, 3734.85,
3734.901, 3737.83, 3737.841, 3737.87, 3737.88, 3745.015, 3745.05,
3745.11, 3746.02, 3750.081, 3769.07, 3769.08, 3769.20, 3769.26,
3770.03, 3770.05, 3772.062, 3781.06, 3781.183, 3791.043, 3793.04,
3793.06, 3793.21, 3901.3814, 3903.01, 3923.28, 3923.281, 3923.30,
3924.10, 3963.01, 3963.11, 4113.11, 4113.61, 4115.03, 4115.033,
4115.034, 4115.04, 4115.10, 4115.101, 4115.16, 4116.01, 4117.01,
4117.03, 4117.06, 4123.27, 4131.03, 4141.08, 4141.11, 4141.33,
4301.12, 4301.43, 4303.02, 4303.208, 4503.061, 4503.062, 4503.235,
4503.70, 4503.93, 4506.071, 4507.111, 4507.164, 4511.191,
4511.193, 4705.021, 4517.01, 4517.04, 4517.09, 4517.10, 4517.12,
4517.13, 4517.14, 4517.23, 4517.24, 4517.44, 4709.13, 4725.34,
4725.48, 4725.50, 4725.52, 4725.57, 4731.65, 4731.71, 4733.15,
4733.151, 4736.12, 4757.31, 4781.01, 4781.02, 4781.04, 4781.07,
4781.09, 4781.14, 4781.15, 4781.99, 4905.90, 4909.15, 4911.02,
4927.17, 4928.10, 4928.18, 4929.22, 5101.16, 5101.181, 5101.182,
5101.183, 5101.244, 5101.26, 5101.27, 5101.271, 5101.272, 5101.28,
5101.30, 5101.35, 5101.37, 5101.46, 5101.47, 5101.571, 5101.573,
5101.58, 5101.60, 5101.61, 5104.32, 5104.341, 5104.35, 5104.37,
5104.38, 5104.39, 5104.42, 5104.43, 5111.012, 5111.013, 5111.0112,
5111.021, 5111.023, 5111.025, 5111.031, 5111.06, 5111.113,
5111.13, 5111.151, 5111.16, 5111.162, 5111.17, 5111.172, 5111.20,
5111.21, 5111.211, 5111.222, 5111.23, 5111.231, 5111.235, 5111.24,
5111.241, 5111.244, 5111.25, 5111.251, 5111.254, 5111.258,
5111.27, 5111.28, 5111.33, 5111.35, 5111.52, 5111.54, 5111.62,
5111.65, 5111.66, 5111.67, 5111.671, 5111.672, 5111.68, 5111.681,
5111.687, 5111.689, 5111.709, 5111.85, 5111.871, 5111.872,
5111.873, 5111.874, 5111.877, 5111.88, 5111.89, 5111.891,
5111.894, 5111.911, 5111.912, 5111.913, 5111.94, 5111.941,
5111.97, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39, 5112.40,
5112.41, 5112.46, 5112.99, 5119.01, 5119.02, 5119.06, 5119.18,
5119.22, 5119.221, 5119.61, 5119.611, 5119.612, 5119.613, 5119.62,
5119.621, 5119.99, 5120.135, 5120.17, 5120.28, 5120.29, 5122.01,
5122.02, 5122.15, 5122.21, 5122.27, 5122.271, 5122.29, 5122.31,
5122.32, 5123.01, 5123.0413, 5123.0417, 5123.051, 5123.092,
5123.171, 5123.18, 5123.19, 5123.191, 5123.194, 5123.35, 5123.352,
5123.45, 5123.60, 5123.61, 5123.63, 5123.64, 5123.69, 5123.701,
5123.86, 5123.99, 5126.01, 5126.029, 5126.04, 5126.042, 5126.05,
5126.054, 5126.0510, 5126.0511, 5126.0512, 5126.08, 5126.11,
5126.12, 5126.23, 5126.24, 5126.33, 5126.41, 5139.11, 5139.43,
5505.04, 5540.03, 5701.13, 5703.05, 5703.37, 5705.14, 5705.211,
5705.392, 5707.031, 5709.07, 5709.62, 5709.63, 5709.632, 5715.26,
5721.30, 5721.31, 5721.32, 5721.37, 5721.38, 5721.42, 5725.151,
5725.24, 5725.98, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02,
5731.18, 5731.181, 5731.19, 5731.21, 5731.39, 5733.0610, 5739.02,
5747.01, 5747.058, 5747.113, 5747.46, 5747.51, 5751.01, 5751.011,
5751.20, 5751.21, 5751.22, 5751.23, 5751.50, 5753.01, 6103.04,
6109.21, 6111.038, 6111.044, 6111.46, 6115.20, and 6117.05 be
amended; sections 173.35 (5119.69), 173.351 (5119.691), 173.36
(5119.692), 3306.12 (3317.0212), 3314.20 (3313.473), 3721.561
(3721.56), 3722.01 (5119.70), 3722.011 (5119.701), 3722.02
(5119.71), 3722.021 (5119.711), 3722.022 (5119.712), 3722.03
(5119.72), 3722.04 (5119.73), 3722.041 (5119.731), 3722.05
(5119.74), 3722.06 (5119.75), 3722.07 (5119.76), 3722.08
(5119.77), 3722.09 (5119.78), 3722.10 (5119.79), 3722.11
(5119.80), 3722.12 (5119.81), 3722.13 (5119.82), 3722.14
(5119.83), 3722.15 (5119.84), 3722.151 (5119.85), 3722.16
(5119.86), 3722.17 (5119.87), 3722.18 (5119.88), 3733.02
(4781.26), 3733.021 (4781.31), 3733.022 (4781.32), 3733.024
(4781.33), 3733.025 (4781.34), 3733.03 (4781.27), 3733.04
(4781.28), 3733.05 (4781.29), 3733.06 (4781.30), 3733.08
(4781.35), 3733.09 (4781.36), 3733.091 (4781.37), 3733.10
(4781.38), 3733.101 (4781.39), 3733.11 (4781.40), 3733.12
(4781.41), 3733.121 (4781.42), 3733.122 (4781.43), 3733.123
(4781.44), 3733.13 (4781.45), 3733.14 (4781.46), 3733.15
(4781.47), 3733.16 (4781.48), 3733.17 (4781.49), 3733.18
(4781.50), 3733.19 (4781.51), 3733.20 (4781.52), 5101.271
(5101.272), 5101.272 (5101.273), 5111.14 (5111.141), 5111.261
(5111.263), 5111.892 (5111.893), 5119.612 (5119.613), 5119.613
(5119.614), and 5123.60 (5123.601) be amended for the purpose of
adopting new section numbers as indicated in parentheses; that new
sections 2151.56, 2151.57, 2151.58, 2151.59, 3319.112, 5101.271,
5111.14, 5111.261, 5111.861, 5111.892, 5119.612, 5123.60, and
5126.18, and sections 7.16, 9.031, 9.05, 9.334, 9.335, 9.482,
111.181, 111.28, 111.29, 118.025, 118.31, 124.394, 125.182,
125.213, 126.141, 126.60, 126.601, 126.602, 126.603, 126.604,
126.605, 149.308, 153.501, 153.502, 153.53, 153.55, 153.692,
153.693, 153.694, 153.72, 153.73, 154.24, 154.25, 164.30, 173.41,
183.151, 305.23, 306.332, 306.55, 306.551, 349.17, 1327.501,
1505.011, 1505.05, 1509.022, 1541.25, 1541.26, 1571.012, 1571.013,
1571.014, 2151.429, 2335.061, 3123.591, 3302.042, 3302.06,
3302.061, 3302.062, 3302.063, 3302.064, 3302.065, 3302.066,
3302.067, 3302.068, 3302.12, 3302.20, 3302.21, 3302.22, 3302.23,
3302.24, 3302.25, 3302.30, 3311.0510, 3313.411, 3313.617,
3313.846, 3313.88, 3314.019, 3314.029, 3314.38, 3314.50, 3317.141,
3318.054, 3318.371, 3318.48, 3318.60, 3319.113, 3319.227, 3319.58,
3323.25, 3324.08, 3328.01, 3328.02, 3328.03, 3328.04, 3328.11,
3328.12, 3328.13, 3328.14, 3328.15, 3328.17, 3328.18, 3328.19,
3328.191, 3328.192, 3328.193, 3328.20, 3328.21, 3328.22, 3328.23,
3328.24, 3328.25, 3328.26, 3328.41, 3328.45, 3328.50, 3328.99,
3333.43, 3345.023, 3345.81, 3353.15, 3521.04, 3701.0211, 3701.032,
3701.94, 3701.941, 3709.341, 3745.016, 3770.031, 3793.061,
3903.301, 4313.01, 4313.02, 4729.021, 4781.121, 4911.021,
5111.0122, 5111.0123, 5111.0124, 5111.0125, 5111.0212, 5111.0213,
5111.0214, 5111.0215, 5111.035, 5111.051, 5111.052, 5111.063,
5111.085, 5111.161, 5111.179, 5111.224, 5111.225, 5111.259,
5111.271, 5111.511, 5111.83, 5111.862, 5111.863, 5111.944,
5111.945, 5111.981, 5112.991, 5119.012, 5119.013, 5119.222,
5119.622, 5119.623, 5120.092, 5122.341, 5123.0418, 5123.0419,
5123.0420, 5501.84, and 5703.059 of the Revised Code be enacted to
read as follows:
Sec. 7.10. For the publication of advertisements, notices,
and proclamations, except those relating to proposed amendments to
the Ohio constitution Constitution, required to be published by a
public officer of the state, county, municipal corporation,
township, school, a benevolent or other public institution, or by
a trustee, assignee, executor, or administrator, or by or in any
court of record, except when the rate is otherwise fixed by law,
publishers of newspapers may charge and receive for such
advertisements, notices, and proclamations rates charged on annual
contracts by them for a like amount of space to other advertisers
who advertise in its general display advertising columns. Legal
For the publication of advertisements, notices, and
proclamations required to be published by a public officer of a
political subdivision as defined in section 2744.01 of the Revised
Code, publishers of newspapers shall establish a government rate.
The government rate shall not exceed the lowest classified
advertising rate and lowest insert rate paid by other advertisers.
Legal advertising, except that relating to proposed
amendments to the Ohio
constitution Constitution, shall be set up
in a compact form, without unnecessary spaces, blanks, or
headlines, and printed in not smaller than six-point type. The
type used must be of such proportions that the body of the capital
letter M is no wider than it is high and all other letters and
characters are in proportion.
Except as provided in section 2701.09 of the Revised Code,
all legal advertisements or notices shall be printed in newspapers
published in the English language only.
Sec. 7.11. A proclamation for an election, an order fixing
the time of holding court, notice of the rates of taxation, bridge
and pike notices, notice to contractors, and such other
advertisements of general interest to the taxpayers as the county
auditor, county treasurer, probate judge, or board of county
commissioners deems proper shall be published in two newspapers of
opposite politics of general circulation as defined in section
5721.01 of the Revised Code at the county seat if there are such
newspapers published thereat. If there are not two newspapers of
opposite politics and of general circulation published in said
county seat, such publication shall be made in one newspaper
published in said county seat and in any other newspaper of
general circulation in said county as defined in section 5721.01
of the Revised Code, wherever published, without regard to the
politics of such other newspaper. In counties having cities of
eight thousand inhabitants or more, not the county seat of such
counties, additional publication of such notice shall be made in
two newspapers of opposite politics and of general circulation in
such city as defined in such section. For purposes of this
section, a newspaper independent in politics is a newspaper of
opposite politics to a newspaper of designated political
affiliation. Sections 7.10 to 7.13, inclusive, of the Revised
Code, do not apply to the publication of notices of delinquent and
forfeited land sales.
The cost of any publication authorized by this section, which
is shall be printed in display form, shall be the commercial
government rate
charged established by such newspaper under
section 7.10 of the Revised Code.
Sec. 7.12. Whenever any legal publication is required by law
to be made in a newspaper published in a municipal corporation,
county, or other political subdivision, the newspaper shall also
be a newspaper of general circulation in the municipal
corporation, county, or other political subdivision, without
further restriction or limitation upon a selection of the
newspaper to be used. If no newspaper is published in such
municipal corporation, county, or other political subdivision,
such legal publication shall be made in any newspaper of general
circulation therein. If there are less than two newspapers
published in any municipal corporation, county, or other political
subdivision in the manner defined by this section, then any legal
publication required by law to be made in a newspaper published in
a municipal corporation, county, or other political subdivision
may be made in any newspaper regularly issued at stated intervals
from a known office of publication located within the municipal
corporation, county, or other political subdivision. As used in
this section, a "known office of publication" is a public office
where the business of the newspaper is transacted during the usual
business hours, and such office shall be shown by the publication
itself. In any case, legal publication may be made in an insert
placed in the newspaper.
In addition to all other requirements, a newspaper or
newspaper of general circulation, except those publications daily
law journals performing the functions described in section 2701.09
of the Revised Code for a period of one year immediately preceding
any
such legal publication required to be made, shall be a
publication bearing a title or name, regularly issued as
frequently as once a week for a definite price or consideration
paid for by not less than fifty per cent of those to whom
distribution is made, having a second class mailing privilege,
being not less than four pages, published continuously during the
immediately preceding one-year period, and circulated generally in
the political subdivision in which it is published. Such The
publication must be of a type to which the general public resorts
for passing events of a political, religious, commercial, and
social nature, current happenings, announcements, miscellaneous
reading matter, advertisements, and other notices, that has at
least twenty-five per cent editorial, nonadvertising content,
exclusive of inserts, measured relative to total publication
space, and that has an audited circulation to at least fifty per
cent of the households in the newspaper's retail trade zone, as
defined by the audit.
Sec. 7.16. (A) As used in this section:
(1) "State agency" has the meaning defined in section 1.60 of
the Revised Code, and includes state institutions of higher
education as defined in section 3345.011 of the Revised Code.
(2) "Political subdivision" has the meaning defined in
section 2744.01 of the Revised Code.
(B)(1) Notwithstanding any statute or rule that requires a
state agency or political subdivision to publish a notice in a
newspaper of general circulation, the state agency or political
subdivision may choose not to publish the notice in a newspaper of
general circulation, and instead to publish the notice on the
state public notice web site established by the office of
information technology under section 125.182 of the Revised Code.
In addition, the state agency or political subdivision may publish
the notice on its web site.
Except as provided in division (B)(2) of this section,
publication of a notice on the state public notice web site is in
lieu of newspaper publication that is otherwise required.
A state agency or political subdivision that is required to
publish a notice may submit a copy of the notice and a request for
publication on the state public notice web site to the office of
information technology. The state agency or political subdivision
shall identify, in the notice or in the request for publication,
the provision of the statute or rule that requires the notice to
be published. The state agency or political subdivision, may, but
is not required to, prepare the request on the form that is
available on the state public notice web site.
(2) A state agency or political subdivision that publishes a
notice on the state public notice web site in lieu of complying
with the statute or rule that otherwise requires newspaper
publication, nevertheless shall publish an abbreviated notice in a
newspaper of general circulation. The abbreviated notice shall
provide a brief summary of the notice, a reference to the state
public notice web site address where the complete notice may be
found, and a telephone number to call for more information.
(C) A state agency or political subdivision that publishes a
notice in compliance with a statute or rule also may publish the
notice on the state public notice web site in addition to
publishing the notice as otherwise required by the statute or
rule.
Sec. 9.03. (A) As used in this section, "political
subdivision" means any body corporate and politic, except a
municipal corporation that has adopted a charter under Section 7
of Article XVIII, Ohio Constitution, and except a county that has
adopted a charter under Sections 3 and 4 of Article X, Ohio
Constitution, to which both of the following apply:
(1) It is responsible for governmental activities only in a
geographic area smaller than the state.
(2) It is subject to the sovereign immunity of the state.
(B) Except as otherwise provided in division (C) of this
section, the governing body of a political subdivision may use
public funds to publish and distribute newsletters, or to use any
other means, to communicate information about the plans, policies,
and operations of the political subdivision to members of the
public within the political subdivision and to other persons who
may be affected by the political subdivision.
(C) Except as otherwise provided in division (A)(7) of
section 340.03 or division (A)(12) of section 340.033 of the
Revised Code, no governing body of a political subdivision shall
use public funds to do any of the following:
(1) Publish, distribute, or otherwise communicate information
that does any of the following:
(a) Contains defamatory, libelous, or obscene matter;
(b) Promotes alcoholic beverages, cigarettes or other tobacco
products, or any illegal product, service, or activity;
(c) Promotes illegal discrimination on the basis of race,
color, religion, national origin, handicap, age, or ancestry;
(d) Supports or opposes any labor organization or any action
by, on behalf of, or against any labor organization;
(e) Supports or opposes the nomination or election of a
candidate for public office, the investigation, prosecution, or
recall of a public official, or the passage of a levy or bond
issue.
(2) Compensate any employee of the political subdivision for
time spent on any activity to influence the outcome of an election
for any of the purposes described in division (C)(1)(e) of this
section. Division (C)(2) of this section does not prohibit the use
of public funds to compensate an employee of a political
subdivision for attending a public meeting to present information
about the political subdivision's finances, activities, and
governmental actions in a manner that is not designed to influence
the outcome of an election or the passage of a levy or bond issue,
even though the election, levy, or bond issue is discussed or
debated at the meeting.
(D) Nothing in this section prohibits or restricts any
political subdivision from sponsoring, participating in, or doing
any of the following:
(1) Charitable or public service advertising that is not
commercial in nature unless the commercial advertising complies
with section 9.031 of the Revised Code;
(2) Advertising of exhibitions, performances, programs,
products, or services that are provided by employees of a
political subdivision or are provided at or through premises owned
or operated by a political subdivision;
(3) Licensing an interest in a name or mark that is owned or
controlled by the political subdivision.
(E) As used in this section, "cigarettes" and "tobacco
product" have the same meanings as in section 5743.01 of the
Revised Code.
Sec. 9.031. (A) As used in this section:
(1) "Advertising" means internet advertising, including
banners and icons that may contain links to commercial internet
web sites. "Advertising" does not include spyware, malware, or any
viruses or programs considered to be malicious.
(2) "Political subdivision" has the meaning defined in
section 9.03 of the Revised Code.
(3) "State agency" has the meaning defined in section 1.60 of
the Revised Code and includes state institutions of higher
education as defined in section 3345.011 of the Revised Code.
(4) "State agency web site" means a web site, internet page,
or web page of a state agency office, with respective internet
addresses or subdomains, that are intended to provide the public
with information about services offered by the state agency
office, including relevant forms of searchable data.
(5) "Political subdivision web site" means a web site,
internet page, or web page of a political subdivision office, with
respective internet addresses or subdomains, that are intended to
provide the public with information about services offered by the
political subdivision office, including relevant forms of
searchable data.
(B) A state agency or political subdivision may authorize
commercial advertising on a state agency web site or political
subdivision web site. A state agency shall adopt rules under
section 111.15 of the Revised Code and a political subdivision
shall adopt a resolution to authorize placing commercial
advertising on the state agency or political subdivision web site.
The rules or resolution shall include all of the following:
(1) A specification of the state agency or political
subdivision office, and of the officials or employees therein, who
are authorized to place commercial advertisements on the state
agency or political subdivision web site;
(2) Criteria for choosing the advertisers and types of
advertisements that may be placed on the state agency or political
subdivision web site;
(3) Requirements and procedures for making requests for
proposals for placing commercial advertising on the state agency
or political subdivision web site;
(4) Any other requirements or limitations necessary to
authorize commercial advertising on the state agency or political
subdivision web site.
(C) A state agency or political subdivision web site on which
commercial advertising is placed shall be used exclusively to
provide information from the state agency or political subdivision
office to the public, and shall not be used as a public forum.
Sec. 9.05. Notwithstanding any provision of section 109.02
of the Revised Code to the contrary, the members of the
apportionment board, by majority vote, may choose to be
represented by either the attorney general or by private legal
counsel in regard to any lawsuit challenging the constitutionality
or legality of general assembly districts established under
Article XI of the Ohio Constitution.
As used in this section, "apportionment board" means the
persons designated in Section 1 of Article XI, Ohio Constitution,
as being responsible for the apportionment of this state for
members of the general assembly.
Sec. 9.06. (A)(1) The department of rehabilitation and
correction may contract for the private operation and management
pursuant to this section of the initial intensive program prison
established pursuant to section 5120.033 of the Revised Code, if
one or more intensive program prisons are established under that
section, and may contract for the private operation and management
of any other facility under this section. Counties and municipal
corporations to the extent authorized in sections 307.93, 341.35,
753.03, and 753.15 of the Revised Code may contract for the
private operation and management of a facility under this section.
A contract entered into under this section shall be for an initial
term of not more than two years specified in the contract with an
option to renew for additional periods of two years.
(2) The department of rehabilitation and correction, by rule,
shall adopt minimum criteria and specifications that a person or
entity, other than a person or entity that satisfies the criteria
set forth in division (A)(3)(a) of this section and subject to
division (I) of this section, must satisfy in order to apply to
operate and manage as a contractor pursuant to this section the
initial intensive program prison established pursuant to section
5120.033 of the Revised Code, if one or more intensive program
prisons are established under that section.
(3) Subject to division (I) of this section, any person or
entity that applies to operate and manage a facility as a
contractor pursuant to this section shall satisfy one or more of
the following criteria:
(a) The person or entity is accredited by the American
correctional association and, at the time of the application,
operates and manages one or more facilities accredited by the
American correctional association.
(b) The person or entity satisfies all of the minimum
criteria and specifications adopted by the department of
rehabilitation and correction pursuant to division (A)(2) of this
section, provided that this alternative shall be available only in
relation to the initial intensive program prison established
pursuant to section 5120.033 of the Revised Code, if one or more
intensive program prisons are established under that section.
(4) Subject to division (I) of this section, before a public
entity may enter into a contract under this section, the
contractor shall convincingly demonstrate to the public entity
that it can operate the facility with the inmate capacity required
by the public entity and provide the services required in this
section and realize at least a five per cent savings over the
projected cost to the public entity of providing these same
services to operate the facility that is the subject of the
contract. No out-of-state prisoners may be housed in any facility
that is the subject of a contract entered into under this section.
(B) Subject to division (I) of this section, any contract
entered into under this section shall include all of the
following:
(1) A requirement that the contractor retain the contractor's
accreditation from the American correctional association
throughout the contract term or, if the contractor applied
pursuant to division (A)(3)(b) of this section, the contractor
continue complying with the applicable criteria and specifications
adopted by the department of rehabilitation and correction
pursuant to division (A)(2) of this section;
(2) A requirement that all of the following conditions be
met:
(a) The contractor begins the process of accrediting the
facility with the American correctional association no later than
sixty days after the facility receives its first inmate.
(b) The contractor receives accreditation of the facility
within twelve months after the date the contractor applies to the
American correctional association for accreditation.
(c) Once the accreditation is received, the contractor
maintains it for the duration of the contract term.
(d) If the contractor does not comply with divisions
(B)(2)(a) to (c) of this section, the contractor is in violation
of the contract, and the public entity may revoke the contract at
its discretion.
(3) A requirement that the contractor comply with all rules
promulgated by the department of rehabilitation and correction
that apply to the operation and management of correctional
facilities, including the minimum standards for jails in Ohio and
policies regarding the use of force and the use of deadly force,
although the public entity may require more stringent standards,
and comply with any applicable laws, rules, or regulations of the
federal, state, and local governments, including, but not limited
to, sanitation, food service, safety, and health regulations. The
contractor shall be required to send copies of reports of
inspections completed by the appropriate authorities regarding
compliance with rules and regulations to the director of
rehabilitation and correction or the director's designee and, if
contracting with a local public entity, to the governing authority
of that entity.
(4) A requirement that the contractor report for
investigation all crimes in connection with the facility to the
public entity, to all local law enforcement agencies with
jurisdiction over the place at which the facility is located, and,
for a crime committed at a state correctional institution, to the
state highway patrol;
(5) A requirement that the contractor immediately report all
escapes from the facility, and the apprehension of all escapees,
by telephone and in writing to all local law enforcement agencies
with jurisdiction over the place at which the facility is located,
to the prosecuting attorney of the county in which the facility is
located, to the state highway patrol, to a daily newspaper having
general circulation in the county in which the facility is
located, and, if the facility is a state correctional institution,
to the department of rehabilitation and correction. The written
notice may be by either facsimile transmission or mail. A failure
to comply with this requirement regarding an escape is a violation
of section 2921.22 of the Revised Code.
(6) A requirement that, if the facility is a state
correctional institution, the contractor provide a written report
within specified time limits to the director of rehabilitation and
correction or the director's designee of all unusual incidents at
the facility as defined in rules promulgated by the department of
rehabilitation and correction or, if the facility is a local
correctional institution, that the contractor provide a written
report of all unusual incidents at the facility to the governing
authority of the local public entity;
(7) A requirement that the contractor maintain proper control
of inmates' personal funds pursuant to rules promulgated by the
department of rehabilitation and correction for state correctional
institutions or pursuant to the minimum standards for jails along
with any additional standards established by the local public
entity for local correctional institutions and that records
pertaining to these funds be made available to representatives of
the public entity for review or audit;
(8) A requirement that the contractor prepare and distribute
to the director of rehabilitation and correction or, if
contracting with a local public entity, to the governing authority
of the local entity annual budget income and expenditure
statements and funding source financial reports;
(9) A requirement that the public entity appoint and
supervise a full-time contract monitor, that the contractor
provide suitable office space for the contract monitor at the
facility, and that the contractor allow the contract monitor
unrestricted access to all parts of the facility and all records
of the facility except the contractor's financial records;
(10) A requirement that if the facility is a state
correctional institution designated department of rehabilitation
and correction staff members be allowed access to the facility in
accordance with rules promulgated by the department;
(11) A requirement that the contractor provide internal and
perimeter security as agreed upon in the contract;
(12) If the facility is a state correctional institution, a
requirement that the contractor impose discipline on inmates
housed in a state correctional institution the facility only in
accordance with rules promulgated by the department of
rehabilitation and correction;
(13) A requirement that the facility be staffed at all times
with a staffing pattern approved by the public entity and adequate
both to ensure supervision of inmates and maintenance of security
within the facility and to provide for programs, transportation,
security, and other operational needs. In determining security
needs, the contractor shall be required to consider, among other
things, the proximity of the facility to neighborhoods and
schools.
(14) If the contract is with a local public entity, a
requirement that the contractor provide services and programs,
consistent with the minimum standards for jails promulgated by the
department of rehabilitation and correction under section 5120.10
of the Revised Code;
(15) A clear statement that no immunity from liability
granted to the state, and no immunity from liability granted to
political subdivisions under Chapter 2744. of the Revised Code,
shall extend to the contractor or any of the contractor's
employees;
(16) A statement that all documents and records relevant to
the facility shall be maintained in the same manner required for,
and subject to the same laws, rules, and regulations as apply to,
the records of the public entity;
(17) Authorization for the public entity to impose a fine on
the contractor from a schedule of fines included in the contract
for the contractor's failure to perform its contractual duties or
to cancel the contract, as the public entity considers
appropriate. If a fine is imposed, the public entity may reduce
the payment owed to the contractor pursuant to any invoice in the
amount of the imposed fine.
(18) A statement that all services provided or goods produced
at the facility shall be subject to the same regulations, and the
same distribution limitations, as apply to goods and services
produced at other correctional institutions;
(19) Authorization If the facility is a state correctional
institution, authorization for the department to establish one or
more prison industries at a the facility operated and managed by a
contractor for the department;
(20) A requirement that, if the facility is an intensive
program prison established pursuant to section 5120.033 of the
Revised Code, the facility shall comply with all criteria for
intensive program prisons of that type that are set forth in that
section;
(21) If the institution facility is a state correctional
institution, a requirement that the contractor provide clothing
for all inmates housed in the facility that is conspicuous in its
color, style, or color and style, that conspicuously identifies
its wearer as an inmate, and that is readily distinguishable from
clothing of a nature that normally is worn outside the facility by
non-inmates, that the contractor require all inmates housed in the
facility to wear the clothing so provided, and that the contractor
not permit any inmate, while inside or on the premises of the
facility or while being transported to or from the facility, to
wear any clothing of a nature that does not conspicuously identify
its wearer as an inmate and that normally is worn outside the
facility by non-inmates.
(C) No contract entered into under this section may require,
authorize, or imply a delegation of the authority or
responsibility of the public entity to a contractor for any of the
following:
(1) Developing or implementing procedures for calculating
inmate release and parole eligibility dates and recommending the
granting or denying of parole, although the contractor may submit
written reports that have been prepared in the ordinary course of
business;
(2) Developing or implementing procedures for calculating and
awarding earned credits, approving the type of work inmates may
perform and the wage or earned credits, if any, that may be
awarded to inmates engaging in that work, and granting, denying,
or revoking earned credits;
(3) For inmates serving a term imposed for a felony offense
committed prior to July 1, 1996, or for a misdemeanor offense,
developing or implementing procedures for calculating and awarding
good time, approving the good time, if any, that may be awarded to
inmates engaging in work, and granting, denying, or revoking good
time;
(4) Classifying an inmate or placing an inmate in a more or a
less restrictive custody than the custody ordered by the public
entity;
(5) Approving inmates for work release;
(6) Contracting for local or long distance telephone services
for inmates or receiving commissions from those services at a
facility that is owned by or operated under a contract with the
department.
(D) A contractor that has been approved to operate a facility
under this section, and a person or entity that enters into a
contract for specialized services, as described in division (I) of
this section, relative to an intensive program prison established
pursuant to section 5120.033 of the Revised Code to be operated by
a contractor that has been approved to operate the prison under
this section, shall provide an adequate policy of insurance
specifically including, but not limited to, insurance for civil
rights claims as determined by a risk management or actuarial firm
with demonstrated experience in public liability for state
governments. The insurance policy shall provide that the state,
including all state agencies, and all political subdivisions of
the state with jurisdiction over the facility or in which a
facility is located are named as insured, and that the state and
its political subdivisions shall be sent any notice of
cancellation. The contractor may not self-insure.
A contractor that has been approved to operate a facility
under this section, and a person or entity that enters into a
contract for specialized services, as described in division (I) of
this section, relative to an intensive program prison established
pursuant to section 5120.033 of the Revised Code to be operated by
a contractor that has been approved to operate the prison under
this section, shall indemnify and hold harmless the state, its
officers, agents, and employees, and any local government entity
in the state having jurisdiction over the facility or ownership of
the facility, shall reimburse the state for its costs in defending
the state or any of its officers, agents, or employees, and shall
reimburse any local government entity of that nature for its costs
in defending the local government entity, from all of the
following:
(1) Any claims or losses for services rendered by the
contractor, person, or entity performing or supplying services in
connection with the performance of the contract;
(2) Any failure of the contractor, person, or entity or its
officers or employees to adhere to the laws, rules, regulations,
or terms agreed to in the contract;
(3) Any constitutional, federal, state, or civil rights claim
brought against the state related to the facility operated and
managed by the contractor;
(4) Any claims, losses, demands, or causes of action arising
out of the contractor's, person's, or entity's activities in this
state;
(5) Any attorney's fees or court costs arising from any
habeas corpus actions or other inmate suits that may arise from
any event that occurred at the facility or was a result of such an
event, or arise over the conditions, management, or operation of
the facility, which fees and costs shall include, but not be
limited to, attorney's fees for the state's representation and for
any court-appointed representation of any inmate, and the costs of
any special judge who may be appointed to hear those actions or
suits.
(E) Private correctional officers of a contractor operating
and managing a facility pursuant to a contract entered into under
this section may carry and use firearms in the course of their
employment only after being certified as satisfactorily completing
an approved training program as described in division (A) of
section 109.78 of the Revised Code.
(F) Upon notification by the contractor of an escape from, or
of a disturbance at, the facility that is the subject of a
contract entered into under this section, the department of
rehabilitation and correction and state and local law enforcement
agencies shall use all reasonable means to recapture escapees or
quell any disturbance. Any cost incurred by the state or its
political subdivisions relating to the apprehension of an escapee
or the quelling of a disturbance at the facility shall be
chargeable to and borne by the contractor. The contractor shall
also reimburse the state or its political subdivisions for all
reasonable costs incurred relating to the temporary detention of
the escapee following recapture.
(G) Any offense that would be a crime if committed at a state
correctional institution or jail, workhouse, prison, or other
correctional facility shall be a crime if committed by or with
regard to inmates at facilities operated pursuant to a contract
entered into under this section.
(H) A contractor operating and managing a facility pursuant
to a contract entered into under this section shall pay any inmate
workers at the facility at the rate approved by the public entity.
Inmates working at the facility shall not be considered employees
of the contractor.
(I) In contracting for the private operation and management
pursuant to division (A) of this section of any intensive program
prison established pursuant to section 5120.033 of the Revised
Code, the department of rehabilitation and correction may enter
into a contract with a contractor for the general operation and
management of the prison and may enter into one or more separate
contracts with other persons or entities for the provision of
specialized services for persons confined in the prison,
including, but not limited to, security or training services or
medical, counseling, educational, or similar treatment programs.
If, pursuant to this division, the department enters into a
contract with a contractor for the general operation and
management of the prison and also enters into one or more
specialized service contracts with other persons or entities, all
of the following apply:
(1) The contract for the general operation and management
shall comply with all requirements and criteria set forth in this
section, and all provisions of this section apply in relation to
the prison operated and managed pursuant to the contract.
(2) Divisions (A)(2), (B), and (C) of this section do not
apply in relation to any specialized services contract, except to
the extent that the provisions of those divisions clearly are
relevant to the specialized services to be provided under the
specialized services contract. Division (D) of this section
applies in relation to each specialized services contract.
(J) If, on or after the effective date of this amendment, a
contractor enters into a contract with the department of
rehabilitation and correction under this section for the operation
and management of any facility described in Section 753.10 of the
act in which this amendment was adopted or with the department of
youth services and department of administrative services under
Section 753.30 of the act in which this amendment was adopted for
the operation and management as an adult correctional facility of
any facility described in that section, if the contract provides
for the sale of the facility to the contractor, if the facility is
sold to the contractor subsequent to the execution of the
contract, and if the contractor is privately operating and
managing the facility, notwithstanding the contractor's private
operation and management of the facility, all of the following
apply:
(1) Except as expressly provided to the contrary in this
section, the facility being privately operated and managed by the
contractor shall be considered for purposes of the Revised Code as
being under the control of, or under the jurisdiction of, the
department of rehabilitation and correction.
(2) Any reference in this section to "state correctional
institution," any reference in Chapter 2967. of the Revised Code
to "state correctional institution," other than the definition of
that term set forth in section 2967.01 of the Revised Code, or to
"prison," and any reference in Chapter 2929., 5120., 5145., 5147.,
or 5149. or any other provision of the Revised Code to "state
correctional institution" or "prison" shall be considered to
include a reference to the facility being privately operated and
managed by the contractor, unless the context makes the inclusion
of that facility clearly inapplicable.
(K) As used in this section:
(1) "Public entity" means the department of rehabilitation
and correction, or a county or municipal corporation or a
combination of counties and municipal corporations, that has
jurisdiction over a facility that is the subject of a contract
entered into under this section.
(2) "Local public entity" means a county or municipal
corporation, or a combination of counties and municipal
corporations, that has jurisdiction over a jail, workhouse, or
other correctional facility used only for misdemeanants that is
the subject of a contract entered into under this section.
(3) "Governing authority of a local public entity" means, for
a county, the board of county commissioners; for a municipal
corporation, the legislative authority; for a combination of
counties and municipal corporations, all the boards of county
commissioners and municipal legislative authorities that joined to
create the facility.
(4) "Contractor" means a person or entity that enters into a
contract under this section to operate and manage a jail,
workhouse, or other correctional facility.
(5) "Facility" means the any of the following:
(a) The specific county, multicounty, municipal,
municipal-county, or multicounty-municipal jail, workhouse,
prison, or other type of correctional institution or facility used
only for misdemeanants, or a
that is the subject of a contract
entered into under this section;
(b) Any state correctional institution, that is the subject
of a contract entered into under this section, including any
facility described in Section 753.10 of the act in which this
amendment was adopted or under Section 753.30 of the act in which
this section was adopted and used as an adult correctional
facility at any time prior to or after any sale to a contractor of
the state's right, title, and interest in the facility, the land
situated thereon, and specified surrounding land.
(6) "Person or entity" in the case of a contract for the
private operation and management of a state correctional
institution, includes an employee organization, as defined in
section 4117.01 of the Revised Code, that represents employees at
state correctional institutions.
Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of
this section, a governmental entity shall not disburse money
totaling twenty-five thousand dollars or more to any person for
the provision of services for the primary benefit of individuals
or the public and not for the primary benefit of a governmental
entity or the employees of a governmental entity, unless the
contracting authority of the governmental entity first enters into
a written contract with the person that is signed by the person or
by an officer or agent of the person authorized to legally bind
the person and that embodies all of the requirements and
conditions set forth in sections 9.23 to 9.236 of the Revised
Code. If the disbursement of money occurs over the course of a
governmental entity's fiscal year, rather than in a lump sum, the
contracting authority of the governmental entity shall enter into
the written contract with the person at the point during the
governmental entity's fiscal year that at least seventy-five
thousand dollars has been disbursed by the governmental entity to
the person. Thereafter, the contracting authority of the
governmental entity shall enter into the written contract with the
person at the beginning of the governmental entity's fiscal year,
if, during the immediately preceding fiscal year, the governmental
entity disbursed to that person an aggregate amount totaling at
least seventy-five thousand dollars.
(2) If the money referred to in division (A)(1) of this
section is disbursed by or through more than one state agency to
the person for the provision of services to the same population,
the contracting authorities of those agencies shall determine
which one of them will enter into the written contract with the
person.
(3) The requirements and conditions set forth in divisions
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)
and (B) of section 9.234, divisions (A)(2) and (B) of section
9.235, and sections 9.233 and 9.236 of the Revised Code do not
apply with respect to the following:
(a) Contracts to which all of the following apply:
(i) The amount received for the services is a set fee for
each time the services are provided, is determined in accordance
with a fixed rate per unit of time or per service, or is a
capitated rate, and the fee or rate is established by competitive
bidding or by a market rate survey of similar services provided in
a defined market area. The market rate survey may be one conducted
by or on behalf of the governmental entity or an independent
survey accepted by the governmental entity as statistically valid
and reliable.
(ii) The services are provided in accordance with standards
established by state or federal law, or by rules or regulations
adopted thereunder, for their delivery, which standards are
enforced by the federal government, a governmental entity, or an
accrediting organization recognized by the federal government or a
governmental entity.
(iii) Payment for the services is made after the services are
delivered and upon submission to the governmental entity of an
invoice or other claim for payment as required by any applicable
local, state, or federal law or, if no such law applies, by the
terms of the contract.
(b) Contracts under which the services are reimbursed through
or in a manner consistent with a federal program that meets all of
the following requirements:
(i) The program calculates the reimbursement rate on the
basis of the previous year's experience or in accordance with an
alternative method set forth in rules adopted by the Ohio
department of job and family services.
(ii) The reimbursement rate is derived from a breakdown of
direct and indirect costs.
(iii) The program's guidelines describe types of expenditures
that are allowable and not allowable under the program and
delineate which costs are acceptable as direct costs for purposes
of calculating the reimbursement rate.
(iv) The program includes a uniform cost reporting system
with specific audit requirements.
(c) Contracts under which the services are reimbursed through
or in a manner consistent with a federal program that calculates
the reimbursement rate on a fee for service basis in compliance
with United States office of management and budget Circular A-87,
as revised May 10, 2004.
(d) Contracts for services that are paid pursuant to the
earmarking of an appropriation made by the general assembly for
that purpose.
(B) Division (A) of this section does not apply if the money
is disbursed to a person pursuant to a contract with the United
States or a governmental entity under any of the following
circumstances:
(1) The person receives the money directly or indirectly from
the United States, and no governmental entity exercises any
oversight or control over the use of the money.
(2) The person receives the money solely in return for the
performance of one or more of the following types of services:
(a) Medical, therapeutic, or other health-related services
provided by a person if the amount received is a set fee for each
time the person provides the services, is determined in accordance
with a fixed rate per unit of time, or is a capitated rate, and
the fee or rate is reasonable and customary in the person's trade
or profession;
(b) Medicaid-funded services, including administrative and
management services, provided pursuant to a contract or medicaid
provider agreement that meets the requirements of the medicaid
program established under Chapter 5111. of the Revised Code.
(c) Services, other than administrative or management
services or any of the services described in division (B)(2)(a) or
(b) of this section, that are commonly purchased by the public at
an hourly rate or at a set fee for each time the services are
provided, unless the services are performed for the benefit of
children, persons who are eligible for the services by reason of
advanced age, medical condition, or financial need, or persons who
are confined in a detention facility as defined in section 2921.01
of the Revised Code, and the services are intended to help promote
the health, safety, or welfare of those children or persons;
(d) Educational services provided by a school to children
eligible to attend that school. For purposes of division (B)(2)(d)
of this section, "school" means any school operated by a school
district board of education, any community school established
under Chapter 3314. of the Revised Code, or any nonpublic school
for which the state board of education prescribes minimum
education standards under section 3301.07 of the Revised Code.
(e) Services provided by a foster home as defined in section
5103.02 of the Revised Code;
(f) "Routine business services other than administrative or
management services," as that term is defined by the attorney
general by rule adopted in accordance with Chapter 119. of the
Revised Code;
(g) Services to protect the environment or promote
environmental education that are provided by a nonprofit entity or
services to protect the environment that are funded with federal
grants or revolving loan funds and administered in accordance with
federal law;
(h) Services, including administrative and management
services, provided under the children's buy-in program established
under sections 5101.5211 to 5101.5216 of the Revised Code.
(3) The person receives the money solely in return for the
performance of services intended to help preserve public health or
safety under circumstances requiring immediate action as a result
of a natural or man-made emergency.
(C) With respect to a nonprofit association, corporation, or
organization established for the purpose of providing educational,
technical, consulting, training, financial, or other services to
its members in exchange for membership dues and other fees, any of
the services provided to a member that is a governmental entity
shall, for purposes of this section, be considered services "for
the primary benefit of a governmental entity or the employees of a
governmental entity.
Sec. 9.24. (A) Except as may be allowed under division (F) of
this section, no state agency and no political subdivision shall
award a contract as described in division (G)(1) of this section
for goods, services, or construction, paid for in whole or in part
with state funds, to a person against whom a finding for recovery
has been issued by the auditor of state on and after January 1,
2001, if the finding for recovery is unresolved.
A contract is considered to be awarded when it is entered
into or executed, irrespective of whether the parties to the
contract have exchanged any money.
(B) For purposes of this section, a finding for recovery is
unresolved unless one of the following criteria applies:
(1) The money identified in the finding for recovery is paid
in full to the state agency or political subdivision to whom the
money was owed;
(2) The debtor has entered into a repayment plan that is
approved by the attorney general and the state agency or political
subdivision to whom the money identified in the finding for
recovery is owed. A repayment plan may include a provision
permitting a state agency or political subdivision to withhold
payment to a debtor for goods, services, or construction provided
to or for the state agency or political subdivision pursuant to a
contract that is entered into with the debtor after the date the
finding for recovery was issued.
(3) The attorney general waives a repayment plan described in
division (B)(2) of this section for good cause;
(4) The debtor and state agency or political subdivision to
whom the money identified in the finding for recovery is owed have
agreed to a payment plan established through an enforceable
settlement agreement.
(5) The state agency or political subdivision desiring to
enter into a contract with a debtor certifies, and the attorney
general concurs, that all of the following are true:
(a) Essential services the state agency or political
subdivision is seeking to obtain from the debtor cannot be
provided by any other person besides the debtor;
(b) Awarding a contract to the debtor for the essential
services described in division (B)(5)(a) of this section is in the
best interest of the state;
(c) Good faith efforts have been made to collect the money
identified in the finding of recovery.
(6) The debtor has commenced an action to contest the finding
for recovery and a final determination on the action has not yet
been reached.
(C) The attorney general shall submit an initial report to
the auditor of state, not later than December 1, 2003, indicating
the status of collection for all findings for recovery issued by
the auditor of state for calendar years 2001, 2002, and 2003.
Beginning on January 1, 2004, the attorney general shall submit to
the auditor of state, on the first day of every January, April,
July, and October, a list of all findings for recovery that have
been resolved in accordance with division (B) of this section
during the calendar quarter preceding the submission of the list
and a description of the means of resolution. The attorney general
shall notify the auditor of state when a judgment is issued
against an entity described in division (F)(1) of this section.
(D) The auditor of state shall maintain a database,
accessible to the public, listing persons against whom an
unresolved finding for recovery has been issued, and the amount of
the money identified in the unresolved finding for recovery. The
auditor of state shall have this database operational on or before
January 1, 2004. The initial database shall contain the
information required under this division for calendar years 2001,
2002, and 2003.
Beginning January 15, 2004, the auditor of state shall update
the database by the fifteenth day of every January, April, July,
and October to reflect resolved findings for recovery that are
reported to the auditor of state by the attorney general on the
first day of the same month pursuant to division (C) of this
section.
(E) Before awarding a contract as described in division
(G)(1) of this section for goods, services, or construction, paid
for in whole or in part with state funds, a state agency or
political subdivision shall verify that the person to whom the
state agency or political subdivision plans to award the contract
has no unresolved finding for recovery issued against the person.
A state agency or political subdivision shall verify that the
person does not appear in the database described in division (D)
of this section or shall obtain other proof that the person has no
unresolved finding for recovery issued against the person.
(F) The prohibition of division (A) of this section and the
requirement of division (E) of this section do not apply with
respect to the companies, payments, or agreements described in
divisions (F)(1) and (2) of this section, or in the circumstance
described in division (F)(3) of this section.
(1) A bonding company or a company authorized to transact the
business of insurance in this state, a self-insurance pool, joint
self-insurance pool, risk management program, or joint risk
management program, unless a court has entered a final judgment
against the company and the company has not yet satisfied the
final judgment.
(2) To medicaid provider agreements under Chapter 5111. of
the Revised Code or payments or provider agreements under the
children's buy-in program established under sections 5101.5211 to
5101.5216 of the Revised Code.
(3) When federal law dictates that a specified entity provide
the goods, services, or construction for which a contract is being
awarded, regardless of whether that entity would otherwise be
prohibited from entering into the contract pursuant to this
section.
(G)(1) This section applies only to contracts for goods,
services, or construction that satisfy the criteria in either
division (G)(1)(a) or (b) of this section. This section may apply
to contracts for goods, services, or construction that satisfy the
criteria in division (G)(1)(c) of this section, provided that the
contracts also satisfy the criteria in either division (G)(1)(a)
or (b) of this section.
(a) The cost for the goods, services, or construction
provided under the contract is estimated to exceed twenty-five
thousand dollars.
(b) The aggregate cost for the goods, services, or
construction provided under multiple contracts entered into by the
particular state agency and a single person or the particular
political subdivision and a single person within the fiscal year
preceding the fiscal year within which a contract is being entered
into by that same state agency and the same single person or the
same political subdivision and the same single person, exceeded
fifty thousand dollars.
(c) The contract is a renewal of a contract previously
entered into and renewed pursuant to that preceding contract.
(2) This section does not apply to employment contracts.
(H) As used in this section:
(1) "State agency" has the same meaning as in section 9.66 of
the Revised Code.
(2) "Political subdivision" means a political subdivision as
defined in section 9.82 of the Revised Code that has received more
than fifty thousand dollars of state money in the current fiscal
year or the preceding fiscal year.
(3) "Finding for recovery" means a determination issued by
the auditor of state, contained in a report the auditor of state
gives to the attorney general pursuant to section 117.28 of the
Revised Code, that public money has been illegally expended,
public money has been collected but not been accounted for, public
money is due but has not been collected, or public property has
been converted or misappropriated.
(4) "Debtor" means a person against whom a finding for
recovery has been issued.
(5) "Person" means the person named in the finding for
recovery.
(6) "State money" does not include funds the state receives
from another source and passes through to a political subdivision.
Sec. 9.33. As used in sections 9.33 to 9.333 9.335 of the
Revised Code:
(A) "Construction manager" means a person with substantial
discretion and authority to plan, coordinate, manage, and direct
all phases of a project for the construction, demolition,
alteration, repair, or reconstruction of any public building,
structure, or other improvement, but does not mean the person who
provides the professional design services or who actually performs
the construction, demolition, alteration, repair, or
reconstruction work on the project.
(B)(1) "Construction manager at risk" means a person with
substantial discretion and authority to plan, coordinate, manage,
direct, and construct all phases of a project for the
construction, demolition, alteration, repair, or reconstruction of
any public building, structure, or other improvement and who
provides the public authority a guaranteed maximum price as
determined in section 9.334 of the Revised Code.
(2) As used in division (B)(1) of this section:
(a) "Construct" includes performing, or subcontracting for
performing, construction, demolition, alteration, repair, or
reconstruction.
(b) "Manage" includes approving bidders and awarding
subcontracts for furnishing materials regarding, or for
performing, construction, demolition, alteration, repair, or
reconstruction.
(C) "Construction management contract" means a contract
between a public authority and another person obligating the
person to provide construction management services.
(D) "Construction management services" or "management
services" means the range of services that either a construction
manager or a construction manager at risk may provide.
(E) "Qualified" means having the following qualifications:
(1) Competence to perform the required management services as
indicated by the technical training, education, and experience of
the construction manager's or construction manager at risk's
personnel, especially the technical training, education, and
experience of the construction manager's
or construction manager
at risk's employees who would be assigned to perform the services;
(2) Ability in terms of workload and the availability of
qualified personnel, equipment, and facilities to perform the
required management services competently and expeditiously;
(3) Past performance as reflected by the evaluations of
previous clients with respect to factors such as control of costs,
quality of work, and meeting of deadlines;
(4) Financial responsibility as evidenced by the capability
to provide a letter of credit pursuant to Chapter 1305. of the
Revised Code, a surety bond, certified check, or cashier's check
in an amount equal to the value of the construction management
contract, or by other means acceptable to the public owner
authority;
(5) Other similar factors.
(C)(F)(1) "Public owner authority" means the state, or any
state institution of higher education as defined in section
3345.011 of the Revised Code, any county, township, municipal
corporation, school district, or other political subdivision, or
any public agency, authority, board, commission, instrumentality,
or special purpose district of the state or of a political
subdivision.
(2) "Public authority" does not include the Ohio turnpike
commission.
(G) "Open book pricing method" means a method in which a
construction manager at risk provides the public authority, at the
public authority's request, all books, records, documents, and
other data in its possession pertaining to the bidding, pricing,
or performance of a construction management contract awarded to
the construction manager at risk.
Sec. 9.331. (A) Before entering into a contract to employ a
construction manager or construction manager at risk, a public
owner authority shall advertise, in a newspaper of general
circulation in the county where the contract is to be performed or
by electronic means pursuant to rules adopted by the director of
administrative services, notice of its intent to employ a
construction manager or construction manager at risk. The notice
shall invite interested parties to submit proposals for
consideration and shall be published at least thirty days prior to
the date for accepting the proposals. The public
owner authority
also may advertise the information contained in the notice in
appropriate trade journals and otherwise notify persons believed
to be interested in employment as a construction manager
or
construction manager at risk.
(B) The advertisement shall include a general description of
the project, a statement of the specific management services
required, and a description of the qualifications required for the
project.
Sec. 9.332. For every construction management contract, the
Every public owner authority planning to contract for construction
management services with a construction manager shall evaluate the
proposals submitted and may hold discussions with individual
construction managers to explore further their proposals, the
scope and nature of the services they would provide, and the
various technical approaches they may take regarding the project.
Following this evaluation, the public owner authority shall:
(A) Select and rank no fewer than three construction managers
that it considers to be the most qualified to provide the required
construction management services, except when the public owner
authority determines in writing that fewer than three qualified
construction managers are available in which case it shall select
and rank them;
(B) Negotiate a contract with the construction manager ranked
most qualified to perform the required services at a compensation
determined in writing to be fair and reasonable. Contract
negotiations shall be directed toward:
(1) Ensuring that the construction manager and the public
owner authority have a mutual understanding of the essential
requirements involved in providing the required services;
(2) Determining that the construction manager will make
available the necessary personnel, equipment, and facilities to
perform the services within the required time.
(C) Upon failure to negotiate a contract with the
construction manager ranked most qualified, the public owner
authority shall inform the construction manager in writing of the
termination of negotiations and enter into negotiations with the
construction manager ranked next most qualified. If negotiations
again fail, the same procedure shall may be followed with each
next most qualified construction manager selected and ranked
pursuant to division (A) of this section, in order of ranking,
until a contract is negotiated.
(D) If the public owner authority fails to negotiate a
contract with any of the construction managers selected pursuant
to division (A) of this section, the public owner shall authority
may select and rank additional construction managers, based on
their qualifications, and negotiations shall may continue as with
the construction managers selected and ranked initially until a
contract is negotiated.
(E) Nothing in this section affects a public authority's
right to accept or reject any or all proposals in whole or in
part.
Sec. 9.333. (A) No public owner authority shall enter into a
construction management contract with a construction manager
unless the construction manager provides a letter of credit
pursuant to Chapter 1305. of the Revised Code, a surety bond
pursuant to sections 153.54 and 153.57 of the Revised Code, a
certified check or cashier's check in an amount equal to the value
of the construction management contract for the project, or
provides other reasonable financial assurance of a nature and in
an amount satisfactory to the owner public authority. The public
owner authority may waive this requirement for good cause.
(B) Before construction begins pursuant to a construction
management contract with a construction manager at risk, the
construction manager at risk shall provide a surety bond to the
public authority in accordance with section 153.57 of the Revised
Code in an amount not less than the combined contract values of
any work under contract to be constructed pursuant to the
construction management contract prior to the establishment of the
guaranteed maximum price or in the amount of the guaranteed
maximum price as agreed to by the public authority, as the case
may be.
Sec. 9.334. (A) Every public authority planning to contract
for construction management services with a construction manager
at risk shall evaluate the proposals submitted and select not
fewer than three construction managers at risk the public
authority considers to be the most qualified to provide the
required construction management services, except that the public
authority shall select and rank fewer than three when the public
authority determines in writing that fewer than three qualified
construction managers at risk are available.
(B) The public authority shall provide each construction
manager at risk selected under division (A) of this section with a
description of the project, including a statement of available
design detail, a description of how the guaranteed maximum price
for the project shall be determined, including the estimated level
of design detail upon which the guaranteed maximum price shall be
based, the form of the construction management contract, and a
request for a pricing proposal.
(C) The pricing proposal of each construction manager at risk
shall include at least the following regarding the construction
manager at risk:
(1) A list of key personnel for the project;
(2) A statement of the general conditions and contingency
requirements;
(3) A fee proposal divided into a preconstruction fee, a
construction fee, and the portion of the construction fee to be at
risk in a guaranteed maximum price.
(D) The public authority shall evaluate the submitted pricing
proposals and may hold discussions with individual construction
managers at risk to explore their proposals further, including the
scope and nature of the proposed services and potential technical
approaches.
(E) After evaluating the pricing proposals, the public
authority shall rank the selected construction managers at risk
based on its evaluation of the value of each pricing proposal,
with such evaluation considering the proposed cost and
qualifications.
(F) The public authority shall enter into negotiations for a
construction management contract with the construction manager at
risk whose pricing proposal the public authority determines to be
the best value under division (E) of this section. Contract
negotiations shall be directed toward:
(1) Ensuring that the construction manager at risk and the
public authority mutually understand the essential requirements
involved in providing the required construction management
services, including the provisions for the use of contingency
funds and the possible distribution of savings in the final costs
of the project;
(2) Ensuring that the construction manager at risk will be
able to provide the necessary personnel, equipment, and facilities
to perform the construction management services within the time
required by the construction management contract;
(3) Agreeing upon a procedure and schedule for determining a
guaranteed maximum price using an open book pricing method that
shall represent the total maximum amount to be paid by the public
authority to the construction manager at risk for the project and
that shall include the costs of all the work, the cost of its
general conditions, the contingency, and the fee payable to the
construction manager at risk.
(G)(1) If the public authority fails to negotiate a
construction management contract with the construction manager at
risk whose pricing proposal the public authority determines to be
the best value under division (E) of this section, the public
authority shall inform the construction manager at risk, in
writing, of the termination of negotiations.
(2) Upon terminating negotiations, the public authority may
enter into negotiations as provided in this section with the
construction manager at risk that the public authority ranked next
highest under division (E) of this section. If negotiations fail,
the public authority may enter into negotiations as provided in
this section with the construction manager at risk the public
authority ranked next highest under division (E) of this section.
(3) If a public authority fails to negotiate a construction
management contract with a construction manager at risk whose
pricing proposal the public authority determines to be the best
value under division (E) of this section, the public authority may
select additional construction managers at risk to provide pricing
proposals to the public authority pursuant to this section or may
select an alternative delivery method for the project.
(H) If the public authority and construction manager at risk
fail to agree on a guaranteed maximum price, nothing in this
section shall prohibit the public authority from allowing the
construction manager at risk to provide the management services
that a construction manager is authorized to provide.
(I) Nothing in this section affects a public authority's
right to accept or reject any or all proposals in whole or in
part.
Sec. 9.335. The requirements set forth in sections 9.33 to
9.334 of the Revised Code for the bidding, selection, and award of
a construction management contract by a public authority prevail
in the event of any conflict with a provision of Chapter 153. of
the Revised Code.
Sec. 9.482. (A) As used in this section, "political
subdivision" has the meaning defined in section 2744.01 of the
Revised Code.
(B) When authorized by their respective legislative
authorities, a political subdivision may enter into an agreement
with another political subdivision whereby a contracting political
subdivision agrees to exercise any power, perform any function, or
render any service for another contracting recipient political
subdivision that the contracting recipient political subdivision
is otherwise legally authorized to exercise, perform, or render.
In the absence in the agreement of provisions determining by
what officer, office, department, agency, or other authority the
powers and duties of a contracting political subdivision shall be
exercised or performed, the legislative authority of the
contracting political subdivision shall determine and assign the
powers and duties.
An agreement shall not suspend the possession by a
contracting recipient political subdivision of any power or
function that is exercised or performed on its behalf by another
contracting political subdivision under the agreement.
A political subdivision shall not enter into an agreement to
levy any tax or to exercise, with regard to public moneys, any
investment powers, perform any investment function, or render any
investment service on behalf of a contracting subdivision.
(C) No power shall be exercised, no function shall be
performed, and no service shall be rendered by a contracting
political subdivision pursuant to an agreement entered into under
this section within a political subdivision that is not a party to
the agreement, without first obtaining the written consent of the
political subdivision that is not a party to the agreement and
within which the power is to be exercised, a function is to be
performed, or a service is to be rendered.
(D) Chapter 2744. of the Revised Code, insofar as it applies
to the operation of a political subdivision, applies to the
political subdivisions that are parties to an agreement and to
their employees when they are rendering a service outside the
boundaries of their employing political subdivision under the
agreement. Employees acting outside the boundaries of their
employing political subdivision while providing a service under an
agreement may participate in any pension or indemnity fund
established by the political subdivision to the same extent as
while they are acting within the boundaries of the political
subdivision, and are entitled to all the rights and benefits of
Chapter 4123. of the Revised Code to the same extent as while they
are performing a service within the boundaries of the political
subdivision.
Sec. 101.15. (A) As used in this section:
(1) "Caucus" means all of the members of either house of the
general assembly who are members of a committee and members of the
same political party.
(2) "Committee" means any committee of either house of the
general assembly, a joint committee of both houses of the general
assembly, including a committee of conference, or a subcommittee
of any committee listed in division (A)(2) of this section.
(3) "Meeting" means any prearranged discussion of the public
business of a committee by a majority of its members.
(B)(1) Except as otherwise provided in division divisions
(B)(2) and (F) of this section, all meetings of any committee are
declared to be public meetings open to the public at all times.
The secretary assigned to the chairperson of the committee shall
prepare, file, and maintain the minutes of every regular or
special meeting of a committee. The committee, at its next regular
or special meeting, shall approve the minutes prepared, filed, and
maintained by the secretary, or, if the minutes prepared, filed,
and maintained by the secretary require correction before their
approval, the committee shall correct and approve the minutes at
the next following regular or special meeting. The committee shall
make the minutes available for public inspection not later than
seven days after the meeting the minutes reflect or not later than
the committee's next regular or special meeting, whichever occurs
first.
(2) Upon motion, the chairperson of a committee shall recess
a meeting of the committee to enable the members of the committee
who are members of the same political party to hold a caucus
meeting to discuss matters that have been referred to or are under
consideration by the committee. Unless the caucus determines
otherwise, a caucus meeting is neither a public meeting nor open
to the public at any time. During a recess for the purpose of a
caucus meeting, it is not in order for the committee to take up or
dispose of any matter that has been referred to or is under
consideration by the committee.
(C) Each committee shall establish a reasonable method
whereby any person may determine the time and place of all
regularly scheduled meetings and the time, place, and purpose of
all special meetings. No committee shall hold a regular or special
meeting unless it gives at least twenty-four hours' advance notice
to the news media that have requested notification.
The method established by each committee shall provide that,
upon request and payment of a reasonable fee, any person may
obtain reasonable advance notification of all meetings at which
any specific type of public business will be discussed. Provisions
for advance notification may include, but are not limited to,
mailing the agenda of meetings to all subscribers on a mailing
list or mailing notices in self-addressed stamped envelopes
provided by the person who desires advance notification.
(D) Any action of a committee relating to a bill or
resolution, or any other formal action of a committee, is invalid
unless taken in an open meeting of the committee. Any action of a
committee relating to a bill or resolution, or any other formal
action of a committee, taken in an open meeting is invalid if it
results from deliberations in a meeting not open to the public.
(E)(1) Any person may bring an action to enforce this
section. An action under this division shall be brought within two
years after the date of the alleged violation or threatened
violation. Upon proof of a violation or threatened violation of
this section in an action brought by any person, the court of
common pleas shall issue an injunction to compel the members of
the committee to comply with its provisions.
(2)(a) If the court of common pleas issues an injunction
under division (E)(1) of this section, the court shall order the
committee that it enjoins to pay a civil forfeiture of five
hundred dollars to the party that sought the injunction and shall
award to that party all court costs and, subject to reduction as
described in this division, reasonable attorney's fees. The court,
in its discretion, may reduce an award of attorney's fees to the
party that sought the injunction or not award attorney's fees to
that party if the court determines both of the following:
(i) That, based on the ordinary application of statutory law
and case law as it existed at the time of the violation or
threatened violation that was the basis of the injunction, a
well-informed committee reasonably would believe that the
committee was not violating or threatening to violate this
section;
(ii) That a well-informed committee reasonably would believe
that the conduct or threatened conduct that was the basis of the
injunction would serve the public policy that underlies the
authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an injunction
under division (E)(1) of this section and the court determines at
that time that the bringing of the action was frivolous conduct as
defined in division (A) of section 2323.51 of the Revised Code,
the court shall award to the committee all court costs and
reasonable attorney's fees, as determined by the court.
(3) Irreparable harm and prejudice to the party that sought
the injunction shall be conclusively and irrebuttably presumed
upon proof of a violation or threatened violation of this section.
(4) A member of a committee who knowingly violates an
injunction issued under division (E)(1) of this section may be
removed from office by an action brought in the court of common
pleas for that purpose by the prosecuting attorney of Franklin
county or by the attorney general.
(5) The remedies described in divisions (E)(1) to (4) of this
section shall be the exclusive remedies for a violation of this
section.
(F) This section does not apply to or affect either of the
following:
(1) All meetings of the joint legislative ethics committee
created under section 101.34 of the Revised Code other than a
meeting that is held for any of the following purposes:
(a) To consider the adoption, amendment, or recission of any
rule that the joint legislative ethics committee is authorized to
adopt pursuant to division (B)(11) of section 101.34, division (E)
of section 101.78, division (B) of section 102.02, or division (E)
of section 121.68 of the Revised Code;
(b) To discuss and consider changes to any administrative
operation of the joint legislative ethics committee other than any
matter described in division (G) of section 121.22 of the Revised
Code;
(c) To discuss pending or proposed legislation.
(2) Meetings of a caucus, except as provided in division
(B)(2) of this section.
(G) For purposes of division (F)(1)(a) of this section, an
advisory opinion, written opinion, or decision relative to a
complaint is not a rule.
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, all of the following shall file with the
appropriate ethics commission the disclosure statement described
in this division on a form prescribed by the appropriate
commission: every person who is elected to or is a candidate for a
state, county, or city office and every person who is appointed to
fill a vacancy for an unexpired term in such an elective office;
all members of the state board of education; the director,
assistant directors, deputy directors, division chiefs, or persons
of equivalent rank of any administrative department of the state;
the president or other chief administrative officer of every state
institution of higher education as defined in section 3345.011 of
the Revised Code; the executive director and the members of the
capitol square review and advisory board appointed or employed
pursuant to section 105.41 of the Revised Code; all members of the
Ohio casino control commission, the executive director of the
commission, all professional employees of the commission, and all
technical employees of the commission who perform an internal
audit function; the individuals set forth in division (B)(2) of
section 187.03 of the Revised Code; the chief executive officer
and the members of the board of each state retirement system; each
employee of a state retirement board who is a state retirement
system investment officer licensed pursuant to section 1707.163 of
the Revised Code; the members of the Ohio retirement study council
appointed pursuant to division (C) of section 171.01 of the
Revised Code; employees of the Ohio retirement study council,
other than employees who perform purely administrative or clerical
functions; the administrator of workers' compensation and each
member of the bureau of workers' compensation board of directors;
the bureau of workers' compensation director of investments; the
chief investment officer of the bureau of workers' compensation;
the director appointed by the workers' compensation council; all
members of the board of commissioners on grievances and discipline
of the supreme court and the ethics commission created under
section 102.05 of the Revised Code; every business manager,
treasurer, or superintendent of a city, local, exempted village,
joint vocational, or cooperative education school district or an
educational service center; every person who is elected to or is a
candidate for the office of member of a board of education of a
city, local, exempted village, joint vocational, or cooperative
education school district or of a governing board of an
educational service center that has a total student count of
twelve thousand or more as most recently determined by the
department of education pursuant to section 3317.03 of the Revised
Code; every person who is appointed to the board of education of a
municipal school district pursuant to division (B) or (F) of
section 3311.71 of the Revised Code; all members of the board of
directors of a sanitary district that is established under Chapter
6115. of the Revised Code and organized wholly for the purpose of
providing a water supply for domestic, municipal, and public use,
and that includes two municipal corporations in two counties;
every public official or employee who is paid a salary or wage in
accordance with schedule C of section 124.15 or schedule E-2 of
section 124.152 of the Revised Code; members of the board of
trustees and the executive director of the southern Ohio
agricultural and community development foundation; all members
appointed to the Ohio livestock care standards board under section
904.02 of the Revised Code; and every other public official or
employee who is designated by the appropriate ethics commission
pursuant to division (B) of this section.
The disclosure statement shall include all of the following:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under which
the person or members of the person's immediate family do
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this section
and except as otherwise provided in section 102.022 of the Revised
Code, identification of every source of income, other than income
from a legislative agent identified in division (A)(2)(b) of this
section, received during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. If the person filing the statement is a member of the
general assembly, the statement shall identify the amount of every
source of income received in accordance with the following ranges
of amounts: zero or more, but less than one thousand dollars; one
thousand dollars or more, but less than ten thousand dollars; ten
thousand dollars or more, but less than twenty-five thousand
dollars; twenty-five thousand dollars or more, but less than fifty
thousand dollars; fifty thousand dollars or more, but less than
one hundred thousand dollars; and one hundred thousand dollars or
more. Division (A)(2)(a) of this section shall not be construed to
require a person filing the statement who derives income from a
business or profession to disclose the individual items of income
that constitute the gross income of that business or profession,
except for those individual items of income that are attributable
to the person's or, if the income is shared with the person, the
partner's, solicitation of services or goods or performance,
arrangement, or facilitation of services or provision of goods on
behalf of the business or profession of clients, including
corporate clients, who are legislative agents. A person who files
the statement under this section shall disclose the identity of
and the amount of income received from a person who the public
official or employee knows or has reason to know is doing or
seeking to do business of any kind with the public official's or
employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. Division (A)(2)(b) of this section requires the
disclosure of clients of attorneys or persons licensed under
section 4732.12 of the Revised Code, or patients of persons
certified under section 4731.14 of the Revised Code, if those
clients or patients are legislative agents. Division (A)(2)(b) of
this section requires a person filing the statement who derives
income from a business or profession to disclose those individual
items of income that constitute the gross income of that business
or profession that are received from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are required
not to reveal, disclose, or use confidences of clients, patients,
or other recipients of professional services except under
specified circumstances or generally are required to maintain
those types of confidences as privileged communications except
under specified circumstances. Division (A)(2)(a) of this section
does not require an attorney, physician, or other professional
subject to a confidentiality requirement as described in division
(A)(2)(c) of this section to disclose the name, other identity, or
address of a client, patient, or other recipient of professional
services if the disclosure would threaten the client, patient, or
other recipient of professional services, would reveal details of
the subject matter for which legal, medical, or professional
advice or other services were sought, or would reveal an otherwise
privileged communication involving the client, patient, or other
recipient of professional services. Division (A)(2)(a) of this
section does not require an attorney, physician, or other
professional subject to a confidentiality requirement as described
in division (A)(2)(c) of this section to disclose in the brief
description of the nature of services required by division
(A)(2)(a) of this section any information pertaining to specific
professional services rendered for a client, patient, or other
recipient of professional services that would reveal details of
the subject matter for which legal, medical, or professional
advice was sought or would reveal an otherwise privileged
communication involving the client, patient, or other recipient of
professional services.
(3) The name of every corporation on file with the secretary
of state that is incorporated in this state or holds a certificate
of compliance authorizing it to do business in this state, trust,
business trust, partnership, or association that transacts
business in this state in which the person filing the statement or
any other person for the person's use and benefit had during the
preceding calendar year an investment of over one thousand dollars
at fair market value as of the thirty-first day of December of the
preceding calendar year, or the date of disposition, whichever is
earlier, or in which the person holds any office or has a
fiduciary relationship, and a description of the nature of the
investment, office, or relationship. Division (A)(3) of this
section does not require disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting business
in the state to whom the person filing the statement owes, in the
person's own name or in the name of any other person, more than
one thousand dollars. Division (A)(5) of this section shall not be
construed to require the disclosure of debts owed by the person
resulting from the ordinary conduct of a business or profession or
debts on the person's residence or real property used primarily
for personal recreation, except that the superintendent of
financial institutions shall disclose the names of all
state-chartered savings and loan associations and of all service
corporations subject to regulation under division (E)(2) of
section 1151.34 of the Revised Code to whom the superintendent in
the superintendent's own name or in the name of any other person
owes any money, and that the superintendent and any deputy
superintendent of banks shall disclose the names of all
state-chartered banks and all bank subsidiary corporations subject
to regulation under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting business
in the state, other than a depository excluded under division
(A)(3) of this section, who owe more than one thousand dollars to
the person filing the statement, either in the person's own name
or to any person for the person's use or benefit. Division (A)(6)
of this section shall not be construed to require the disclosure
of clients of attorneys or persons licensed under section 4732.12
or 4732.15 of the Revised Code, or patients of persons certified
under section 4731.14 of the Revised Code, nor the disclosure of
debts owed to the person resulting from the ordinary conduct of a
business or profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by a
member of the general assembly from a legislative agent, received
by the person in the person's own name or by any other person for
the person's use or benefit during the preceding calendar year,
except gifts received by will or by virtue of section 2105.06 of
the Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles, aunts,
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,
fathers-in-law, mothers-in-law, or any person to whom the person
filing the statement stands in loco parentis, or received by way
of distribution from any inter vivos or testamentary trust
established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the person's
own name or by any other person for the person's use or benefit
and that is incurred in connection with the person's official
duties, except for expenses for travel to meetings or conventions
of a national or state organization to which any state agency,
including, but not limited to, any legislative agency or state
institution of higher education as defined in section 3345.011 of
the Revised Code, pays membership dues, or any political
subdivision or any office or agency of a political subdivision
pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the person
participated in a panel, seminar, or speaking engagement or at a
meeting or convention of a national or state organization to which
any state agency, including, but not limited to, any legislative
agency or state institution of higher education as defined in
section 3345.011 of the Revised Code, pays membership dues, or any
political subdivision or any office or agency of a political
subdivision pays membership dues, that are incurred in connection
with the person's official duties and that exceed one hundred
dollars aggregated per calendar year;
(10) If the disclosure statement is filed by a public
official or employee described in division (B)(2) of section
101.73 of the Revised Code or division (B)(2) of section 121.63 of
the Revised Code who receives a statement from a legislative
agent, executive agency lobbyist, or employer that contains the
information described in division (F)(2) of section 101.73 of the
Revised Code or division (G)(2) of section 121.63 of the Revised
Code, all of the nondisputed information contained in the
statement delivered to that public official or employee by the
legislative agent, executive agency lobbyist, or employer under
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of
the Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective office
shall file the statement no later than the thirtieth day before
the primary, special, or general election at which the candidacy
is to be voted on, whichever election occurs soonest, except that
a person who is a write-in candidate shall file the statement no
later than the twentieth day before the earliest election at which
the person's candidacy is to be voted on. A person who holds
elective office shall file the statement on or before the
fifteenth day of April of each year unless the person is a
candidate for office. A person who is appointed to fill a vacancy
for an unexpired term in an elective office shall file the
statement within fifteen days after the person qualifies for
office. Other persons shall file an annual statement on or before
the fifteenth day of April or, if appointed or employed after that
date, within ninety days after appointment or employment. No
person shall be required to file with the appropriate ethics
commission more than one statement or pay more than one filing fee
for any one calendar year.
The appropriate ethics commission, for good cause, may extend
for a reasonable time the deadline for filing a statement under
this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative ethics
committee, and the board of commissioners on grievances and
discipline of the supreme court, using the rule-making procedures
of Chapter 119. of the Revised Code, may require any class of
public officials or employees under its jurisdiction and not
specifically excluded by this section whose positions involve a
substantial and material exercise of administrative discretion in
the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city, or
the execution of other public trusts, to file an annual statement
on or before the fifteenth day of April under division (A) of this
section. The appropriate ethics commission shall send the public
officials or employees written notice of the requirement by the
fifteenth day of February of each year the filing is required
unless the public official or employee is appointed after that
date, in which case the notice shall be sent within thirty days
after appointment, and the filing shall be made not later than
ninety days after appointment.
Except for disclosure statements filed by members of the
board of trustees and the executive director of the southern Ohio
agricultural and community development foundation, disclosure
statements filed under this division with the Ohio ethics
commission by members of boards, commissions, or bureaus of the
state for which no compensation is received other than reasonable
and necessary expenses shall be kept confidential. Disclosure
statements filed with the Ohio ethics commission under division
(A) of this section by business managers, treasurers, and
superintendents of city, local, exempted village, joint
vocational, or cooperative education school districts or
educational service centers shall be kept confidential, except
that any person conducting an audit of any such school district or
educational service center pursuant to section 115.56 or Chapter
117. of the Revised Code may examine the disclosure statement of
any business manager, treasurer, or superintendent of that school
district or educational service center. Disclosure statements
filed with the Ohio ethics commission under division (A) of this
section by the individuals set forth in division (B)(2) of section
187.03 of the Revised Code shall be kept confidential. The Ohio
ethics commission shall examine each disclosure statement required
to be kept confidential to determine whether a potential conflict
of interest exists for the person who filed the disclosure
statement. A potential conflict of interest exists if the private
interests of the person, as indicated by the person's disclosure
statement, might interfere with the public interests the person is
required to serve in the exercise of the person's authority and
duties in the person's office or position of employment. If the
commission determines that a potential conflict of interest
exists, it shall notify the person who filed the disclosure
statement and shall make the portions of the disclosure statement
that indicate a potential conflict of interest subject to public
inspection in the same manner as is provided for other disclosure
statements. Any portion of the disclosure statement that the
commission determines does not indicate a potential conflict of
interest shall be kept confidential by the commission and shall
not be made subject to public inspection, except as is necessary
for the enforcement of Chapters 102. and 2921. of the Revised Code
and except as otherwise provided in this division.
(C) No person shall knowingly fail to file, on or before the
applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that is
required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of this
section, beginning with statements for calendar year 2011, the
statement required by division (A) or (B) of this section shall be
accompanied by a filing fee of forty sixty dollars.
(2) The Beginning with statements for calendar year 2011, the
statement required by division (A) of this section shall be
accompanied by the following filing fee to be paid by the person
who is elected or appointed to, or is a candidate for, any of the
following offices:
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For state office, except member of the |
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state board of education |
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$65 95 |
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For office of member of general assembly |
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$40 |
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For county office |
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$40 60 |
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For city office |
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$25 35 |
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For office of member of the state board |
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of education |
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$25 35 |
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For office of member of the Ohio |
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livestock care standards board |
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$25 |
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For office of member of a city, local, |
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exempted village, or cooperative |
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education board of |
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education or educational service |
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center governing board |
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$20 30 |
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For position of business manager, |
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treasurer, or superintendent of a |
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city, local, exempted village, joint |
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vocational, or cooperative education |
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school district or |
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educational service center |
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$20 30 |
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(3) No judge of a court of record or candidate for judge of a
court of record, and no referee or magistrate serving a court of
record, shall be required to pay the fee required under division
(E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a nonelective
office of the state and for any employee who holds a nonelective
position in a public agency of the state, the state agency that is
the primary employer of the state official or employee shall pay
the fee required under division (E)(1) or (F) of this section.
(F) If Beginning with statements for calendar year 2011, if a
statement required to be filed under this section is not filed by
the date on which it is required to be filed, the appropriate
ethics commission shall assess the person required to file the
statement a late filing fee of ten twenty dollars for each day the
statement is not filed, except that the total amount of the late
filing fee shall not exceed two five hundred fifty dollars.
(G)(1) The appropriate ethics commission other than the Ohio
ethics commission and the joint legislative ethics committee shall
deposit all fees it receives under divisions (E) and (F) of this
section into the general revenue fund of the state.
(2) The Ohio ethics commission shall deposit all receipts,
including, but not limited to, fees it receives under divisions
(E) and (F) of this section, investigative or other fees, costs,
or other funds it receives as a result of court orders, and all
moneys it receives from settlements under division (G) of section
102.06 of the Revised Code, into the Ohio ethics commission fund,
which is hereby created in the state treasury. All moneys credited
to the fund shall be used solely for expenses related to the
operation and statutory functions of the commission.
(3) The joint legislative ethics committee shall deposit all
receipts it receives from the payment of financial disclosure
statement filing fees under divisions (E) and (F) of this section
into the joint legislative ethics committee investigative fund.
(H) Division (A) of this section does not apply to a person
elected or appointed to the office of precinct, ward, or district
committee member under Chapter 3517. of the Revised Code; a
presidential elector; a delegate to a national convention; village
or township officials and employees; any physician or psychiatrist
who is paid a salary or wage in accordance with schedule C of
section 124.15 or schedule E-2 of section 124.152 of the Revised
Code and whose primary duties do not require the exercise of
administrative discretion; or any member of a board, commission,
or bureau of any county or city who receives less than one
thousand dollars per year for serving in that position.
Sec. 105.41. (A) There is hereby created in the legislative
branch of government the capitol square review and advisory board,
consisting of thirteen members as follows:
(1) Two members of the senate, appointed by the president of
the senate, both of whom shall not be members of the same
political party;
(2) Two members of the house of representatives, appointed by
the speaker of the house of representatives, both of whom shall
not be members of the same political party;
(3) Five members appointed by the governor, with the advice
and consent of the senate, not more than three of whom shall be
members of the same political party, one of whom shall be the
chief of staff of the governor's office, one of whom shall
represent the Ohio arts council, one of whom shall represent the
Ohio historical society, one of whom shall represent the Ohio
building authority, and one of whom shall represent the public at
large;
(4) One member, who shall be a former president of the
senate, appointed by the current president of the senate. If the
current president of the senate, in the current president's
discretion, decides for any reason not to make the appointment or
if no person is eligible or available to serve, the seat shall
remain vacant.
(5) One member, who shall be a former speaker of the house of
representatives, appointed by the current speaker of the house of
representatives. If the current speaker of the house of
representatives, in the current speaker's discretion, decides for
any reason not to make the appointment or if no person is eligible
or available to serve, the seat shall remain vacant.
(6) The clerk of the senate and the clerk of the house of
representatives.
(B) Terms of office of each appointed member of the board
shall be for three years, except that members of the general
assembly appointed to the board shall be members of the board only
so long as they are members of the general assembly and the chief
of staff of the governor's office shall be a member of the board
only so long as the appointing governor remains in office. Each
member shall hold office from the date of the member's appointment
until the end of the term for which the member was appointed. In
case of a vacancy occurring on the board, the president of the
senate, the speaker of the house of representatives, or the
governor, as the case may be, shall in the same manner prescribed
for the regular appointment to the commission, fill the vacancy by
appointing a member. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of the term. Any appointed member shall continue in
office subsequent to the expiration date of the member's term
until the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first.
(C) The board shall hold meetings in a manner and at times
prescribed by the rules adopted by the board. A majority of the
board constitutes a quorum, and no action shall be taken by the
board unless approved by at least six members or by at least seven
members if a person is appointed under division (A)(4) or (5) of
this section. At its first meeting, the board shall adopt rules
for the conduct of its business and the election of its officers,
and shall organize by selecting a chairperson and other officers
as it considers necessary. Board members shall serve without
compensation but shall be reimbursed for actual and necessary
expenses incurred in the performance of their duties.
(D) The board may do any of the following:
(1) Employ or hire on a consulting basis professional,
technical, and clerical employees as are necessary for the
performance of its duties;
(2) Hold public hearings at times and places as determined by
the board;
(3) Adopt, amend, or rescind rules necessary to accomplish
the duties of the board as set forth in this section;
(4) Sponsor, conduct, and support such social events as the
board may authorize and consider appropriate for the employees of
the board, employees and members of the general assembly,
employees of persons under contract with the board or otherwise
engaged to perform services on the premises of capitol square, or
other persons as the board may consider appropriate. Subject to
the requirements of Chapter 4303. of the Revised Code, the board
may provide beer, wine, and intoxicating liquor, with or without
charge, for those events and may use funds only from the sale of
goods and services fund to purchase the beer, wine, and
intoxicating liquor the board provides;
(5) Purchase a warehouse in which to store items of the
capitol collection trust and, whenever necessary, equipment or
other property of the board.
(E) The board shall do all of the following:
(1) Have sole authority to coordinate and approve any
improvements, additions, and renovations that are made to the
capitol square. The improvements shall include, but not be limited
to, the placement of monuments and sculpture on the capitol
grounds.
(2) Subject to section 3353.07 of the Revised Code, operate
the capitol square, and have sole authority to regulate all uses
of the capitol square. The uses shall include, but not be limited
to, the casual and recreational use of the capitol square.
(3) Employ, fix the compensation of, and prescribe the duties
of the executive director of the board and other employees the
board considers necessary for the performance of its powers and
duties;
(4) Establish and maintain the capitol collection trust. The
capitol collection trust shall consist of furniture, antiques, and
other items of personal property that the board shall store in
suitable facilities until they are ready to be displayed in the
capitol square.
(5) Perform repair, construction, contracting, purchasing,
maintenance, supervisory, and operating activities the board
determines are necessary for the operation and maintenance of the
capitol square;
(6) Maintain and preserve the capitol square, in accordance
with guidelines issued by the United States secretary of the
interior for application of the secretary's standards for
rehabilitation adopted in 36 C.F.R. part 67;
(7) Plan and develop a center at the capitol building for the
purpose of educating visitors about the history of Ohio, including
its political, economic, and social development and the design and
erection of the capitol building and its grounds.
(F)(1) The board shall lease capital facilities improved or
financed by the Ohio building authority pursuant to Chapter 152.
of the Revised Code for the use of the board, and may enter into
any other agreements with the authority ancillary to improvement,
financing, or leasing of those capital facilities, including, but
not limited to, any agreement required by the applicable bond
proceedings authorized by Chapter 152. of the Revised Code. Any
lease of capital facilities authorized by this section shall be
governed by division (D) of section 152.24 of the Revised Code.
(2) Fees, receipts, and revenues received by the board from
the state underground parking garage constitute available receipts
as defined in section 152.09 of the Revised Code, and may be
pledged to the payment of bond service charges on obligations
issued by the Ohio building authority pursuant to Chapter 152. of
the Revised Code to improve, finance, or purchase capital
facilities useful to the board. The authority may, with the
consent of the board, provide in the bond proceedings for a pledge
of all or a portion of those fees, receipts, and revenues as the
authority determines. The authority may provide in the bond
proceedings or by separate agreement with the board for the
transfer of those fees, receipts, and revenues to the appropriate
bond service fund or bond service reserve fund as required to pay
the bond service charges when due, and any such provision for the
transfer of those fees, receipts, and revenues shall be
controlling notwithstanding any other provision of law pertaining
to those fees, receipts, and revenues.
(3) All moneys received by the treasurer of state on account
of the board and required by the applicable bond proceedings or by
separate agreement with the board to be deposited, transferred, or
credited to the bond service fund or bond service reserve fund
established by the bond proceedings shall be transferred by the
treasurer of state to such fund, whether or not it is in the
custody of the treasurer of state, without necessity for further
appropriation, upon receipt of notice from the Ohio building
authority as prescribed in the bond proceedings.
(G) All fees, receipts, and revenues received by the board
from the state underground parking garage shall be deposited into
the state treasury to the credit of the underground parking garage
operating fund, which is hereby created, to be used for the
purposes specified in division (F) of this section and for the
operation and maintenance of the garage. All investment earnings
of the fund shall be credited to the fund.
(H) All donations received by the board shall be deposited
into the state treasury to the credit of the capitol square
renovation gift fund, which is hereby created. The fund shall be
used by the board as follows:
(1) To provide part or all of the funding related to
construction, goods, or services for the renovation of the capitol
square;
(2) To purchase art, antiques, and artifacts for display at
the capitol square;
(3) To award contracts or make grants to organizations for
educating the public regarding the historical background and
governmental functions of the capitol square. Chapters 125., 127.,
and 153. and section 3517.13 of the Revised Code do not apply to
purchases made exclusively from the fund, notwithstanding anything
to the contrary in those chapters or that section. All investment
earnings of the fund shall be credited to the fund.
(I) Except as provided in divisions (G), (H), and (J) of this
section, all fees, receipts, and revenues received by the board
shall be deposited into the state treasury to the credit of the
sale of goods and services fund, which is hereby created. Money
credited to the fund shall be used solely to pay costs of the
board other than those specified in divisions (F) and (G) of this
section. All investment earnings of the fund shall be credited to
the fund.
(J) There is hereby created in the state treasury the capitol
square improvement fund, to be used by the board to pay
construction, renovation, and other costs related to the capitol
square for which money is not otherwise available to the board.
Whenever the board determines that there is a need to incur those
costs and that the unencumbered, unobligated balance to the credit
of the underground parking garage operating fund exceeds the
amount needed for the purposes specified in division (F) of this
section and for the operation and maintenance of the garage, the
board may request the director of budget and management to
transfer from the underground parking garage operating fund to the
capitol square improvement fund the amount needed to pay such
construction, renovation, or other costs. The director then shall
transfer the amount needed from the excess balance of the
underground parking garage operating fund.
(K) As the operation and maintenance of the capitol square
constitute essential government functions of a public purpose, the
board shall not be required to pay taxes or assessments upon the
square, upon any property acquired or used by the board under this
section, or upon any income generated by the operation of the
square.
(L) As used in this section, "capitol square" means the
capitol building, senate building, capitol atrium, capitol
grounds, the state underground parking garage, and the warehouse
owned by the board.
(M) The capitol annex shall be known as the senate building.
Sec. 107.09. Immediately after the determination of each
decennial apportionment for members of the general assembly the
governor shall cause such apportionment to be published for four
consecutive weeks in three newspapers, one in Cincinnati, one in
Cleveland, and one in Columbus.
Sec. 109.02. The attorney general is the chief law officer
for the state and all its departments and shall be provided with
adequate office space in Columbus. Except as provided in division
(E) of section 120.06 and in sections 9.05, 3517.152 to 3517.157,
and 3521.04 of the Revised Code, no state officer or board, or
head of a department or institution of the state shall employ, or
be represented by, other counsel or attorneys at law. The attorney
general shall appear for the state in the trial and argument of
all civil and criminal causes in the supreme court in which the
state is directly or indirectly interested. When required by the
governor or the general assembly, the attorney general shall
appear for the state in any court or tribunal in a cause in which
the state is a party, or in which the state is directly
interested. Upon the written request of the governor, the attorney
general shall prosecute any person indicted for a crime.
Sec. 109.36. As used in this section and sections 109.361 to
109.366 of the Revised Code:
(A)(1) "Officer or employee" means any of the following:
(a) A person who, at the time a cause of action against the
person arises, is serving in an elected or appointed office or
position with the state or is employed by the state.
(b) A person that, at the time a cause of action against the
person, partnership, or corporation arises, is rendering medical,
nursing, dental, podiatric, optometric, physical therapeutic,
psychiatric, or psychological services pursuant to a personal
services contract or purchased service contract with a department,
agency, or institution of the state.
(c) A person that, at the time a cause of action against the
person, partnership, or corporation arises, is rendering peer
review, utilization review, or drug utilization review services in
relation to medical, nursing, dental, podiatric, optometric,
physical therapeutic, psychiatric, or psychological services
pursuant to a personal services contract or purchased service
contract with a department, agency, or institution of the state.
(d) A person who, at the time a cause of action against the
person arises, is rendering medical, nursing, dental, podiatric,
optometric, physical therapeutic, psychiatric, or psychological
services to patients in a state institution operated by the
department of mental health, is a member of the institution's
staff, and is performing the services pursuant to an agreement
between the state institution and a board of alcohol, drug
addiction, and mental health services described in section 340.021
of the Revised Code with the department.
(2) "Officer or employee" does not include any person
elected, appointed, or employed by any political subdivision of
the state.
(B) "State" means the state of Ohio, including but not
limited to, the general assembly, the supreme court, courts of
appeals, the offices of all elected state officers, and all
departments, boards, offices, commissions, agencies, institutions,
and other instrumentalities of the state of Ohio. "State" does not
include political subdivisions.
(C) "Political subdivisions" of the state means municipal
corporations, townships, counties, school districts, and all other
bodies corporate and politic responsible for governmental
activities only in geographical areas smaller than that of the
state.
(D) "Employer" means the general assembly, the supreme court,
courts of appeals, any office of an elected state officer, or any
department, board, office, commission, agency, institution, or
other instrumentality of the state of Ohio that employs or
contracts with an officer or employee or to which an officer or
employee is elected or appointed.
Sec. 109.42. (A) The attorney general shall prepare and have
printed a pamphlet that contains a compilation of all statutes
relative to victim's rights in which the attorney general lists
and explains the statutes in the form of a victim's bill of
rights. The attorney general shall distribute the pamphlet to all
sheriffs, marshals, municipal corporation and township police
departments, constables, and other law enforcement agencies, to
all prosecuting attorneys, city directors of law, village
solicitors, and other similar chief legal officers of municipal
corporations, and to organizations that represent or provide
services for victims of crime. The victim's bill of rights set
forth in the pamphlet shall contain a description of all of the
rights of victims that are provided for in Chapter 2930. or in any
other section of the Revised Code and shall include, but not be
limited to, all of the following:
(1) The right of a victim or a victim's representative to
attend a proceeding before a grand jury, in a juvenile case, or in
a criminal case pursuant to a subpoena without being discharged
from the victim's or representative's employment, having the
victim's or representative's employment terminated, having the
victim's or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at the proceeding pursuant to the
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code;
(2) The potential availability pursuant to section 2151.359
or 2152.61 of the Revised Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused by the failure of the child's parent or
guardian to subject the child to reasonable parental authority or
to faithfully discharge the conditions of probation or community
control;
(3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses;
(4) The right of the victim in certain criminal or juvenile
cases or a victim's representative to receive, pursuant to section
2930.06 of the Revised Code, notice of the date, time, and place
of the trial or delinquency proceeding in the case or, if there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in section 2930.01 of the Revised Code,
regarding the disposition of the case;
(5) The right of the victim in certain criminal or juvenile
cases or a victim's representative to receive, pursuant to section
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the
name of the person charged with the violation, the case or docket
number assigned to the charge, and a telephone number or numbers
that can be called to obtain information about the disposition of
the case;
(6) The right of the victim in certain criminal or juvenile
cases or of the victim's representative pursuant to section
2930.13 or 2930.14 of the Revised Code, subject to any reasonable
terms set by the court as authorized under section 2930.14 of the
Revised Code, to make a statement about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of the offender;
(7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant, or of the complainant's ward or child;
(8) The right of the victim in certain criminal or juvenile
cases or a victim's representative pursuant to sections 2151.38,
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to
receive notice of a pending motion for judicial release or other
early release of the person who committed the offense against the
victim, to make an oral or written statement at the court hearing
on the motion, and to be notified of the court's decision on the
motion, and the right of the victim or representative to receive a
copy of any petition for release of the person submitted to a
court under section 2967.19 of the Revised Code, to provide the
court with written information relevant to the petition, and to be
notified of the court's ruling on the petition;
(9) The right of the victim in certain criminal or juvenile
cases or a victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice
of any pending commutation, pardon, parole, transitional control,
discharge, other form of authorized release, post-release control,
or supervised release for the person who committed the offense
against the victim or any application for release of that person
and to send a written statement relative to the victimization and
the pending action to the adult parole authority or the release
authority of the department of youth services;
(10) The right of the victim to bring a civil action pursuant
to sections 2969.01 to 2969.06 of the Revised Code to obtain money
from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who willfully damages property through the commission of an
act that would be a theft offense, as defined in section 2913.01
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section 2152.20,
2929.18, or 2929.28 of the Revised Code;
(14) The right of the victim in certain criminal or juvenile
cases or a victim's representative, pursuant to section 2930.16 of
the Revised Code, to receive notice of the escape from confinement
or custody of the person who committed the offense, to receive
that notice from the custodial agency of the person at the
victim's last address or telephone number provided to the
custodial agency, and to receive notice that, if either the
victim's address or telephone number changes, it is in the
victim's interest to provide the new address or telephone number
to the custodial agency;
(15) The right of a victim of domestic violence to seek the
issuance of a civil protection order pursuant to section 3113.31
of the Revised Code, the right of a victim of a violation of
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22
of the Revised Code, a violation of a substantially similar
municipal ordinance, or an offense of violence who is a family or
household member of the offender at the time of the offense to
seek the issuance of a temporary protection order pursuant to
section 2919.26 of the Revised Code, and the right of both types
of victims to be accompanied by a victim advocate during court
proceedings;
(16) The right of a victim of a sexually oriented offense or
of a child-victim oriented offense that is committed by a person
who is convicted of, pleads guilty to, or is adjudicated a
delinquent child for committing the offense and who is in a
category specified in division (B) of section 2950.10 of the
Revised Code to receive, pursuant to that section, notice that the
person has registered with a sheriff under section 2950.04,
2950.041, or 2950.05 of the Revised Code and notice of the
person's name, the person's residence that is registered, and the
offender's school, institution of higher education, or place of
employment address or addresses that are registered, the person's
photograph, and a summary of the manner in which the victim must
make a request to receive the notice. As used in this division,
"sexually oriented offense" and "child-victim oriented offense"
have the same meanings as in section 2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent
offenses committed by an offender who also is convicted of or
pleads guilty to a sexually violent predator specification and who
is sentenced to a prison term pursuant to division (A)(3) of
section 2971.03 of the Revised Code, of a victim of a violation of
division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January 2, 2007, by an offender who is
sentenced for the violation pursuant to division (B)(1)(a), (b),
or (c) of section 2971.03 of the Revised Code, of a victim of an
attempted rape committed on or after January 2, 2007, by an
offender who also is convicted of or pleads guilty to a
specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code and is sentenced for
the violation pursuant to division (B)(2)(a), (b), or (c) of
section 2971.03 of the Revised Code, and of a victim of an offense
that is described in division (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code and is committed by an
offender who is sentenced pursuant to one of those divisions to
receive, pursuant to section 2930.16 of the Revised Code, notice
of a hearing to determine whether to modify the requirement that
the offender serve the entire prison term in a state correctional
facility, whether to continue, revise, or revoke any existing
modification of that requirement, or whether to terminate the
prison term. As used in this division, "sexually violent offense"
and "sexually violent predator specification" have the same
meanings as in section 2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting attorney, assistant prosecuting attorney, city
director of law, assistant city director of law, village
solicitor, assistant village solicitor, or similar chief legal
officer of a municipal corporation or an assistant of any of those
officers who prosecutes an offense committed in this state, upon
first contact with the victim of the offense, the victim's family,
or the victim's dependents, shall give the victim, the victim's
family, or the victim's dependents a copy of the pamphlet prepared
pursuant to division (A) of this section and explain, upon
request, the information in the pamphlet to the victim, the
victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law
enforcement agency that investigates an offense or delinquent act
committed in this state shall give the victim of the offense or
delinquent act, the victim's family, or the victim's dependents a
copy of the pamphlet prepared pursuant to division (A) of this
section at one of the following times:
(i) Upon first contact with the victim, the victim's family,
or the victim's dependents;
(ii) If the offense or delinquent act is an offense of
violence, if the circumstances of the offense or delinquent act
and the condition of the victim, the victim's family, or the
victim's dependents indicate that the victim, the victim's family,
or the victim's dependents will not be able to understand the
significance of the pamphlet upon first contact with the agency,
and if the agency anticipates that it will have an additional
contact with the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's family, or the victim's dependents.
If the agency does not give the victim, the victim's family,
or the victim's dependents a copy of the pamphlet upon first
contact with them and does not have a second contact with the
victim, the victim's family, or the victim's dependents, the
agency shall mail a copy of the pamphlet to the victim, the
victim's family, or the victim's dependents at their last known
address.
(c) In complying on and after December 9, 1994, with the
duties imposed by division (B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9, 1994, until the official or agency has distributed all
of those copies. After the official or agency has distributed all
of those copies, the official or agency shall use only copies of
the pamphlet that contain at least the information described in
divisions (A)(1) to (17) of this section.
(2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of law, assistant city director of law, village
solicitor, assistant village solicitor, or similar chief legal
officer of a municipal corporation or an assistant to any of those
officers to give, as required by division (B)(1) of this section,
the victim of an offense or delinquent act, the victim's family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to division (A) of this section does not give the victim,
the victim's family, the victim's dependents, or a victim's
representative any rights under section 2743.51 to 2743.72,
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the
Revised Code or under any other provision of the Revised Code and
does not affect any right under those sections.
(3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting attorney, or a city director of law,
assistant city director of law, village solicitor, assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of the pamphlet prepared
pursuant to division (A) of this section shall not be required to
distribute a copy of an information card or other printed material
provided by the clerk of the court of claims pursuant to section
2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in
section 2930.01 of the Revised Code;
(2) "Victim advocate" has the same meaning as in section
2919.26 of the Revised Code.
Sec. 109.57. (A)(1) The superintendent of the bureau of
criminal identification and investigation shall procure from
wherever procurable and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other information
that may be pertinent of all persons who have been convicted of
committing within this state a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,
of all children under eighteen years of age who have been
adjudicated delinquent children for committing within this state
an act that would be a felony or an offense of violence if
committed by an adult or who have been convicted of or pleaded
guilty to committing within this state a felony or an offense of
violence, and of all well-known and habitual criminals. The person
in charge of any county, multicounty, municipal, municipal-county,
or multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and the person in
charge of any state institution having custody of a person
suspected of having committed a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or
having custody of a child under eighteen years of age with respect
to whom there is probable cause to believe that the child may have
committed an act that would be a felony or an offense of violence
if committed by an adult shall furnish such material to the
superintendent of the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of
age, has not been arrested or otherwise taken into custody for
committing an act that would be a felony or an offense of violence
who is not in any other category of child specified in this
division, if committed by an adult, has not been adjudicated a
delinquent child for committing an act that would be a felony or
an offense of violence if committed by an adult, has not been
convicted of or pleaded guilty to committing a felony or an
offense of violence, and is not a child with respect to whom there
is probable cause to believe that the child may have committed an
act that would be a felony or an offense of violence if committed
by an adult shall not be procured by the superintendent or
furnished by any person in charge of any county, multicounty,
municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house,
alternative residential facility, or state correctional
institution, except as authorized in section 2151.313 of the
Revised Code.
(2) Every clerk of a court of record in this state, other
than the supreme court or a court of appeals, shall send to the
superintendent of the bureau a weekly report containing a summary
of each case involving a felony, involving any crime constituting
a misdemeanor on the first offense and a felony on subsequent
offenses, involving a misdemeanor described in division (A)(1)(a),
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,
or involving an adjudication in a case in which a child under
eighteen years of age was alleged to be a delinquent child for
committing an act that would be a felony or an offense of violence
if committed by an adult. The clerk of the court of common pleas
shall include in the report and summary the clerk sends under this
division all information described in divisions (A)(2)(a) to (f)
of this section regarding a case before the court of appeals that
is served by that clerk. The summary shall be written on the
standard forms furnished by the superintendent pursuant to
division (B) of this section and shall include the following
information:
(a) The incident tracking number contained on the standard
forms furnished by the superintendent pursuant to division (B) of
this section;
(b) The style and number of the case;
(c) The date of arrest, offense, summons, or arraignment;
(d) The date that the person was convicted of or pleaded
guilty to the offense, adjudicated a delinquent child for
committing the act that would be a felony or an offense of
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an
act that would be a felony or an offense of violence if committed
by an adult, the date of an entry dismissing the charge, an entry
declaring a mistrial of the offense in which the person is
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the
date of any other determination that constitutes final resolution
of the case;
(e) A statement of the original charge with the section of
the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or
was adjudicated a delinquent child, the sentence or terms of
probation imposed or any other disposition of the offender or the
delinquent child.
If the offense involved the disarming of a law enforcement
officer or an attempt to disarm a law enforcement officer, the
clerk shall clearly state that fact in the summary, and the
superintendent shall ensure that a clear statement of that fact is
placed in the bureau's records.
(3) The superintendent shall cooperate with and assist
sheriffs, chiefs of police, and other law enforcement officers in
the establishment of a complete system of criminal identification
and in obtaining fingerprints and other means of identification of
all persons arrested on a charge of a felony, any crime
constituting a misdemeanor on the first offense and a felony on
subsequent offenses, or a misdemeanor described in division
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the
Revised Code and of all children under eighteen years of age
arrested or otherwise taken into custody for committing an act
that would be a felony or an offense of violence if committed by
an adult. The superintendent also shall file for record the
fingerprint impressions of all persons confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution for the violation of state laws and of all children
under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for
committing an act that would be a felony or an offense of violence
if committed by an adult, and any other information that the
superintendent may receive from law enforcement officials of the
state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of the
Revised Code with respect to the registration of persons who are
convicted of or plead guilty to a sexually oriented offense or a
child-victim oriented offense and with respect to all other duties
imposed on the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping
functions for criminal history records and services in this state
for purposes of the national crime prevention and privacy compact
set forth in section 109.571 of the Revised Code and is the
criminal history record repository as defined in that section for
purposes of that compact. The superintendent or the
superintendent's designee is the compact officer for purposes of
that compact and shall carry out the responsibilities of the
compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based
correctional facility, halfway house, alternative residential
facility, or state correctional institution and to every clerk of
a court in this state specified in division (A)(2) of this section
standard forms for reporting the information required under
division (A) of this section. The standard forms that the
superintendent prepares pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible
formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated delinquent children for committing an act that would
be a felony or an offense of violence if committed by an adult,
criminal activity, crime prevention, law enforcement, and criminal
justice, and may establish and operate a statewide communications
network to be known as the Ohio law enforcement gateway to gather
and disseminate information, data, and statistics for the use of
law enforcement agencies and for other uses specified in this
division. The superintendent may gather, store, retrieve, and
disseminate information, data, and statistics that pertain to
children who are under eighteen years of age and that are gathered
pursuant to sections 109.57 to 109.61 of the Revised Code together
with information, data, and statistics that pertain to adults and
that are gathered pursuant to those sections.
(2) The superintendent or the superintendent's designee shall
gather information of the nature described in division (C)(1) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the
state registry of sex offenders and child-victim offenders
maintained pursuant to division (A)(1) of section 2950.13 of the
Revised Code and in the internet database operated pursuant to
division (A)(13) of that section and for possible inclusion in the
internet database operated pursuant to division (A)(11) of that
section.
(3) In addition to any other authorized use of information,
data, and statistics of the nature described in division (C)(1) of
this section, the superintendent or the superintendent's designee
may provide and exchange the information, data, and statistics
pursuant to the national crime prevention and privacy compact as
described in division (A)(5) of this section.
(4) The attorney general may adopt rules under Chapter 119.
of the Revised Code establishing guidelines for the operation of
and participation in the Ohio law enforcement gateway. The rules
may include criteria for granting and restricting access to
information gathered and disseminated through the Ohio law
enforcement gateway. The attorney general may appoint a steering
committee to advise the attorney general in the operation of the
Ohio law enforcement gateway that is comprised of persons who are
representatives of the criminal justice agencies in this state
that use the Ohio law enforcement gateway and is chaired by the
superintendent or the superintendent's designee.
(D)(1) The following are not public records under section
149.43 of the Revised Code:
(a) Information and materials furnished to the superintendent
pursuant to division (A) of this section;
(b) Information, data, and statistics gathered or
disseminated through the Ohio law enforcement gateway pursuant to
division (C)(1) of this section;
(c) Information and materials furnished to any board or
person under division (F) or (G) of this section.
(2) The superintendent or the superintendent's designee shall
gather and retain information so furnished under division (A) of
this section that pertains to the offense and delinquency history
of a person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for the purposes
described in division (C)(2) of this section.
(E) The attorney general shall adopt rules, in accordance
with Chapter 119. of the Revised Code, setting forth the procedure
by which a person may receive or release information gathered by
the superintendent pursuant to division (A) of this section. A
reasonable fee may be charged for this service. If a temporary
employment service submits a request for a determination of
whether a person the service plans to refer to an employment
position has been convicted of or pleaded guilty to an offense
listed in division (A)(1), (3), (4), (5), or (6) of section
109.572 of the Revised Code, the request shall be treated as a
single request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head
start agency" means an entity in this state that has been approved
to be an agency for purposes of subchapter II of the "Community
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,
as amended.
(2)(a) In addition to or in conjunction with any request that
is required to be made under section 109.572, 2151.86, 3301.32,
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012,
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised
Code or that is made under section 3314.41, 3319.392, or 3326.25,
or 3328.20 of the Revised Code, the board of education of any
school district; the director of developmental disabilities; any
county board of developmental disabilities; any entity under
contract with a county board of developmental disabilities; the
chief administrator of any chartered nonpublic school; the chief
administrator of any home health agency; the chief administrator
of or person operating any child day-care center, type A family
day-care home, or type B family day-care home licensed or
certified under Chapter 5104. of the Revised Code; the
administrator of any type C family day-care home certified
pursuant to Section 1 of Sub. H.B. 62 of the 121st general
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general
assembly; the chief administrator of any head start agency; the
executive director of a public children services agency; a private
company described in section 3314.41, 3319.392, or 3326.25, or
3328.20 of the Revised Code; or an employer described in division
(J)(2) of section 3327.10 of the Revised Code may request that the
superintendent of the bureau investigate and determine, with
respect to any individual who has applied for employment in any
position after October 2, 1989, or any individual wishing to apply
for employment with a board of education may request, with regard
to the individual, whether the bureau has any information gathered
under division (A) of this section that pertains to that
individual. On receipt of the request, the superintendent shall
determine whether that information exists and, upon request of the
person, board, or entity requesting information, also shall
request from the federal bureau of investigation any criminal
records it has pertaining to that individual. The superintendent
or the superintendent's designee also may request criminal history
records from other states or the federal government pursuant to
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code. Within thirty days of the
date that the superintendent receives a request, the
superintendent shall send to the board, entity, or person a report
of any information that the superintendent determines exists,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty days
of its receipt, shall send the board, entity, or person a report
of any information received from the federal bureau of
investigation, other than information the dissemination of which
is prohibited by federal law.
(b) When a board of education is required to receive
information under this section as a prerequisite to employment of
an individual pursuant to section 3319.39 of the Revised Code, it
may accept a certified copy of records that were issued by the
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the
district in lieu of requesting that information itself. In such a
case, the board shall accept the certified copy issued by the
bureau in order to make a photocopy of it for that individual's
employment application documents and shall return the certified
copy to the individual. In a case of that nature, a district only
shall accept a certified copy of records of that nature within one
year after the date of their issuance by the bureau.
(c) Notwithstanding division (F)(2)(a) of this section, in
the case of a request under section 3319.39, 3319.391, or 3327.10
of the Revised Code only for criminal records maintained by the
federal bureau of investigation, the superintendent shall not
determine whether any information gathered under division (A) of
this section exists on the person for whom the request is made.
(3) The state board of education may request, with respect to
any individual who has applied for employment after October 2,
1989, in any position with the state board or the department of
education, any information that a school district board of
education is authorized to request under division (F)(2) of this
section, and the superintendent of the bureau shall proceed as if
the request has been received from a school district board of
education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request
for information under section 3319.291 of the Revised Code, the
superintendent shall proceed as if the request has been received
from a school district board of education and shall comply with
divisions (F)(2)(a) and (c) of this section.
(5) When a recipient of a classroom reading improvement grant
paid under section 3301.86 of the Revised Code requests, with
respect to any individual who applies to participate in providing
any program or service funded in whole or in part by the grant,
the information that a school district board of education is
authorized to request under division (F)(2)(a) of this section,
the superintendent of the bureau shall proceed as if the request
has been received from a school district board of education under
division (F)(2)(a) of this section.
(G) In addition to or in conjunction with any request that is
required to be made under section 3701.881, 3712.09, 3721.121, or
3722.151 5119.85 of the Revised Code with respect to an individual
who has applied for employment in a position that involves
providing direct care to an older adult, the chief administrator
of a home health agency, hospice care program, home licensed under
Chapter 3721. of the Revised Code, adult day-care program operated
pursuant to rules adopted under section 3721.04 of the Revised
Code, or adult care facility may request that the superintendent
of the bureau investigate and determine, with respect to any
individual who has applied after January 27, 1997, for employment
in a position that does not involve providing direct care to an
older adult, whether the bureau has any information gathered under
division (A) of this section that pertains to that individual.
In addition to or in conjunction with any request that is
required to be made under section 173.27 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing ombudsperson services to
residents of long-term care facilities or recipients of
community-based long-term care services, the state long-term care
ombudsperson, ombudsperson's designee, or director of health may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing such ombudsperson
services, whether the bureau has any information gathered under
division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is
required to be made under section 173.394 of the Revised Code with
respect to an individual who has applied for employment in a
position that involves providing direct care to an individual, the
chief administrator of a community-based long-term care agency may
request that the superintendent investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care, whether the
bureau has any information gathered under division (A) of this
section that pertains to that applicant.
On receipt of a request under this division, the
superintendent shall determine whether that information exists
and, on request of the individual requesting information, shall
also request from the federal bureau of investigation any criminal
records it has pertaining to the applicant. The superintendent or
the superintendent's designee also may request criminal history
records from other states or the federal government pursuant to
the national crime prevention and privacy compact set forth in
section 109.571 of the Revised Code. Within thirty days of the
date a request is received, the superintendent shall send to the
requester a report of any information determined to exist,
including information contained in records that have been sealed
under section 2953.32 of the Revised Code, and, within thirty days
of its receipt, shall send the requester a report of any
information received from the federal bureau of investigation,
other than information the dissemination of which is prohibited by
federal law.
(H) Information obtained by a government entity or person
under this section is confidential and shall not be released or
disseminated.
(I) The superintendent may charge a reasonable fee for
providing information or criminal records under division (F)(2) or
(G) of this section.
(J) As used in this section, "sexually oriented offense" and
"child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,
a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of developmental disabilities,
pursuant to section 5126.28 of the Revised Code with respect to an
applicant for employment in any position with a county board of
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 5119.85 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of, has pleaded guilty to, or has
been found eligible for intervention in lieu of conviction for any
of the following, regardless of the date of the conviction, the
date of entry of the guilty plea, or the date the person was found
eligible for intervention in lieu of conviction:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date;
(b) A violation of an existing or former municipal ordinance
or law of this state, any other state, or the United States that
is substantially equivalent to any of the offenses listed in
division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996, a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date, a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense, two or more OVI or OVUAC violations
committed within the three years immediately preceding the
submission of the application or petition that is the basis of the
request, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) Upon receipt of a request pursuant to section 5104.012 or
5104.013 of the Revised Code, a completed form prescribed pursuant
to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section 2923.02 or 2923.03 of
the Revised Code that relates to a crime specified in this
division, or a second violation of section 4511.19 of the Revised
Code within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1321.37,
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for a license, permit, or
certification from the department of commerce or a division in the
department. The superintendent shall conduct the criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following: a
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or
2925.03 of the Revised Code; any other criminal offense involving
theft, receiving stolen property, embezzlement, forgery, fraud,
passing bad checks, money laundering, or drug trafficking, or any
criminal offense involving money or securities, as set forth in
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of
the Revised Code; or any existing or former law of this state, any
other state, or the United States that is substantially equivalent
to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or from an individual under section 4701.08, 4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by
a completed form prescribed under division (C)(1) of this section
and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent
of the bureau of criminal identification and investigation shall
conduct a criminal records check in the manner described in
division (B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request has been convicted of or pleaded guilty to any criminal
offense in this state or any other state. The superintendent shall
send the results of a check requested under section 113.041 of the
Revised Code to the treasurer of state and shall send the results
of a check requested under any of the other listed sections to the
licensing board specified by the individual in the request.
(14) On receipt of a request pursuant to section 1121.23,
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any criminal offense under any existing or former law of
this state, any other state, or the United States.
(15) On receipt of a request for a criminal records check
from an appointing or licensing authority under section 3772.07 of
the Revised Code, a completed form prescribed under division
(C)(1) of this section, and a set of fingerprint impressions
obtained in the manner prescribed in division (C)(2) of this
section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty or no contest to any offense under
any existing or former law of this state, any other state, or the
United States that is a disqualifying offense as defined in
section 3772.07 of the Revised Code or substantially equivalent to
such an offense.
(16) Not later than thirty days after the date the
superintendent receives a request of a type described in division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),
(14), or (15) of this section, the completed form, and the
fingerprint impressions, the superintendent shall send the person,
board, or entity that made the request any information, other than
information the dissemination of which is prohibited by federal
law, the superintendent determines exists with respect to the
person who is the subject of the request that indicates that the
person previously has been convicted of or pleaded guilty to any
offense listed or described in division (A)(1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this
section, as appropriate. The superintendent shall send the person,
board, or entity that made the request a copy of the list of
offenses specified in division (A)(1), (2), (3), (4), (5), (6),
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as
appropriate. If the request was made under section 3701.881 of the
Revised Code with regard to an applicant who may be both
responsible for the care, custody, or control of a child and
involved in providing direct care to an older adult, the
superintendent shall provide a list of the offenses specified in
divisions (A)(4) and (6) of this section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,
3701.881, 3712.09, 3721.121, 3722.151 5119.85, 3772.07, 4701.08,
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including, if the
criminal records check was requested under section 113.041,
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3722.151 5119.85, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code, any relevant
information contained in records that have been sealed under
section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 if the request is made pursuant to section 2151.86,
5104.012, or 5104.013 of the Revised Code or if any other Revised
Code section requires fingerprint-based checks of that nature, and
shall review or cause to be reviewed any information the
superintendent receives from that bureau. If a request under
section 3319.39 of the Revised Code asks only for information from
the federal bureau of investigation, the superintendent shall not
conduct the review prescribed by division (B)(1) of this section.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by section 121.08,
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32,
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151 5119.85,
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that
the superintendent prescribes pursuant to this division may be in
a tangible format, in an electronic format, or in both tangible
and electronic formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08, 173.27,
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151 5119.85, 3772.07,
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or 5153.111 of the Revised Code. Any person for whom a
records check is requested under or required by any of those
sections shall obtain the fingerprint impressions at a county
sheriff's office, municipal police department, or any other entity
with the ability to make fingerprint impressions on the standard
impression sheets prescribed by the superintendent. The office,
department, or entity may charge the person a reasonable fee for
making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,
3722.151 5119.85, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The
person making a criminal records request under any of those
sections shall pay the fee prescribed pursuant to this division. A
person making a request under section 3701.881 of the Revised Code
for a criminal records check for an applicant who may be both
responsible for the care, custody, or control of a child and
involved in providing direct care to an older adult shall pay one
fee for the request. In the case of a request under section
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032
of the Revised Code, the fee shall be paid in the manner specified
in that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15)
of this section, or that indicates that a person previously has
been convicted of or pleaded guilty to any criminal offense in
this state or any other state regarding a criminal records check
of a type described in division (A)(13) of this section, and that
is made by the superintendent with respect to information
considered in a criminal records check in accordance with this
section is valid for the person who is the subject of the criminal
records check for a period of one year from the date upon which
the superintendent makes the determination. During the period in
which the determination in regard to a person is valid, if another
request under this section is made for a criminal records check
for that person, the superintendent shall provide the information
that is the basis for the superintendent's initial determination
at a lower fee than the fee prescribed for the initial criminal
records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
(4) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
Sec. 111.12.
(A) Except as otherwise provided in division
(B) of this section, the The secretary of state shall compile and
publish biennially in a paper, book, or other nonelectronic
electronic format
twenty-five hundred copies of the election
statistics of Ohio,
four thousand copies of the official roster of
federal, state, and county officers, and
twenty-five hundred
copies of the official roster of township and municipal officers.
(B) The secretary of state may compile and publish biennially
the election statistics of Ohio, the official roster of federal,
state, and county officers, and the official roster of township
and municipal officers in an electronic format instead of
compiling and publishing these documents biennially in a paper,
book, or other nonelectronic format in the numbers specified in
division (A) of this section. If the secretary of state does so,
the secretary of state shall maintain the ability to provide
copies of the election statistics of Ohio, the official roster of
federal, state, and county officers, and the official roster of
township and municipal officers in accordance with section 149.43
of the Revised Code.
Sec. 111.15. (A) As used in this section:
(1) "Rule" includes any rule, regulation, bylaw, or standard
having a general and uniform operation adopted by an agency under
the authority of the laws governing the agency; any appendix to a
rule; and any internal management rule. "Rule" does not include
any guideline adopted pursuant to section 3301.0714 of the Revised
Code, any order respecting the duties of employees, any finding,
any determination of a question of law or fact in a matter
presented to an agency, or any rule promulgated pursuant to
Chapter 119., section 4141.14, division (C)(1) or (2) of section
5117.02, or section 5703.14 of the Revised Code. "Rule" includes
any amendment or rescission of a rule.
(2) "Agency" means any governmental entity of the state and
includes, but is not limited to, any board, department, division,
commission, bureau, society, council, institution, state college
or university, community college district, technical college
district, or state community college. "Agency" does not include
the general assembly, the controlling board, the adjutant
general's department, or any court.
(3) "Internal management rule" means any rule, regulation,
bylaw, or standard governing the day-to-day staff procedures and
operations within an agency.
(4) "Substantive revision" has the same meaning as in
division (J) of section 119.01 of the Revised Code.
(B)(1) Any rule, other than a rule of an emergency nature,
adopted by any agency pursuant to this section shall be effective
on the tenth day after the day on which the rule in final form and
in compliance with division (B)(3) of this section is filed as
follows:
(a) The rule shall be filed in electronic form with both the
secretary of state and the director of the legislative service
commission;
(b) The rule shall be filed in electronic form with the joint
committee on agency rule review. Division (B)(1)(b) of this
section does not apply to any rule to which division (D) of this
section does not apply.
An agency that adopts or amends a rule that is subject to
division (D) of this section shall assign a review date to the
rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date
assigned to a rule exceeds the five-year maximum, the review date
for the rule is five years after its effective date. A rule with a
review date is subject to review under section 119.032 of the
Revised Code. This paragraph does not apply to a rule of a state
college or university, community college district, technical
college district, or state community college.
If all filings are not completed on the same day, the rule
shall be effective on the tenth day after the day on which the
latest filing is completed. If an agency in adopting a rule
designates an effective date that is later than the effective date
provided for by division (B)(1) of this section, the rule if filed
as required by such division shall become effective on the later
date designated by the agency.
Any rule that is required to be filed under division (B)(1)
of this section is also subject to division (D) of this section if
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or
(8) of this section.
If a rule incorporates a text or other material by reference,
the agency shall comply with sections 121.71 to 121.76 of the
Revised Code.
(2) A rule of an emergency nature necessary for the immediate
preservation of the public peace, health, or safety shall state
the reasons for the necessity. The emergency rule, in final form
and in compliance with division (B)(3) of this section, shall be
filed in electronic form with the secretary of state, the director
of the legislative service commission, and the joint committee on
agency rule review. The emergency rule is effective immediately
upon completion of the latest filing, except that if the agency in
adopting the emergency rule designates an effective date, or date
and time of day, that is later than the effective date and time
provided for by division (B)(2) of this section, the emergency
rule if filed as required by such division shall become effective
at the later date, or later date and time of day, designated by
the agency.
An emergency rule becomes invalid at the end of the ninetieth
day it is in effect. Prior to that date, the agency may file the
emergency rule as a nonemergency rule in compliance with division
(B)(1) of this section. The agency may not refile the emergency
rule in compliance with division (B)(2) of this section so that,
upon the emergency rule becoming invalid under such division, the
emergency rule will continue in effect without interruption for
another ninety-day period.
(3) An agency shall file a rule under division (B)(1) or (2)
of this section in compliance with the following standards and
procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is to
be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or the
director's designee gives an agency notice pursuant to section
103.05 of the Revised Code that a rule filed by the agency is not
in compliance with the rules of the legislative service
commission, the agency shall within thirty days after receipt of
the notice conform the rule to the rules of the commission as
directed in the notice.
(C) All rules filed pursuant to divisions (B)(1)(a) and (2)
of this section shall be recorded by the secretary of state and
the director under the title of the agency adopting the rule and
shall be numbered according to the numbering system devised by the
director. The secretary of state and the director shall preserve
the rules in an accessible manner. Each such rule shall be a
public record open to public inspection and may be transmitted to
any law publishing company that wishes to reproduce it.
(D) At least sixty-five days before a board, commission,
department, division, or bureau of the government of the state
files a rule under division (B)(1) of this section, it shall file
the full text of the proposed rule in electronic form with the
joint committee on agency rule review, and the proposed rule is
subject to legislative review and invalidation under division (I)
of section 119.03 of the Revised Code. If a state board,
commission, department, division, or bureau makes a substantive
revision in a proposed rule after it is filed with the joint
committee, the state board, commission, department, division, or
bureau shall promptly file the full text of the proposed rule in
its revised form in electronic form with the joint committee. The
latest version of a proposed rule as filed with the joint
committee supersedes each earlier version of the text of the same
proposed rule. Except as provided in division (F) of this section,
a state board, commission, department, division, or bureau shall
also file the rule summary and fiscal analysis prepared under
section 127.18 of the Revised Code in electronic form along with a
proposed rule, and along with a proposed rule in revised form,
that is filed under this division. If a proposed rule has an
adverse impact on businesses, the state board, commission,
department, division, or bureau also shall file the business
impact analysis, any recommendations received from the common
sense initiative office, and the associated memorandum of
response, if any, in electronic form along with the proposed rule,
or the proposed rule in revised form, that is filed under this
division.
As used in this division, "commission" includes the public
utilities commission when adopting rules under a federal or state
statute.
This division does not apply to any of the following:
(1) A proposed rule of an emergency nature;
(2) A rule proposed under section 1121.05, 1121.06, 1155.18,
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised
Code;
(3) A rule proposed by an agency other than a board,
commission, department, division, or bureau of the government of
the state;
(4) A proposed internal management rule of a board,
commission, department, division, or bureau of the government of
the state;
(5) Any proposed rule that must be adopted verbatim by an
agency pursuant to federal law or rule, to become effective within
sixty days of adoption, in order to continue the operation of a
federally reimbursed program in this state, so long as the
proposed rule contains both of the following:
(a) A statement that it is proposed for the purpose of
complying with a federal law or rule;
(b) A citation to the federal law or rule that requires
verbatim compliance.
(6) An initial rule proposed by the director of health to
impose safety standards and quality-of-care standards with respect
to a health service specified in section 3702.11 of the Revised
Code, or an initial rule proposed by the director to impose
quality standards on a facility listed in division (A)(4) of
section 3702.30 of the Revised Code, if section 3702.12 of the
Revised Code requires that the rule be adopted under this section;
(7) A game rule of the state lottery commission pertaining to
instant game rules promulgated under division (A) of section
3770.03 of the Revised Code.
If a rule is exempt from legislative review under division
(D)(5) of this section, and if the federal law or rule pursuant to
which the rule was adopted expires, is repealed or rescinded, or
otherwise terminates, the rule is thereafter subject to
legislative review under division (D) of this section.
(E) Whenever a state board, commission, department, division,
or bureau files a proposed rule or a proposed rule in revised form
under division (D) of this section, it shall also file the full
text of the same proposed rule or proposed rule in revised form in
electronic form with the secretary of state and the director of
the legislative service commission. Except as provided in division
(F) of this section, a state board, commission, department,
division, or bureau shall file the rule summary and fiscal
analysis prepared under section 127.18 of the Revised Code in
electronic form along with a proposed rule or proposed rule in
revised form that is filed with the secretary of state or the
director of the legislative service commission.
(F) Except as otherwise provided in this division, the
auditor of state or the auditor of state's designee is not
required to file a rule summary and fiscal analysis along with a
proposed rule, or proposed rule in revised form, that the auditor
of state proposes under section 117.12, 117.19, 117.38, or 117.43
of the Revised Code and files under division (D) or (E) of this
section.
Sec. 111.16. The secretary of state shall charge and
collect, for the benefit of the state, the following fees:
(A) For filing and recording articles of incorporation of a
domestic corporation, including designation of agent:
(1) Wherein the corporation shall not be authorized to issue
any shares of capital stock, one hundred twenty-five dollars;
(2) Wherein the corporation shall be authorized to issue
shares of capital stock, with or without par value:
(a) Ten cents for each share authorized up to and including
one thousand shares;
(b) Five cents for each share authorized in excess of one
thousand shares up to and including ten thousand shares;
(c) Two cents for each share authorized in excess of ten
thousand shares up to and including fifty thousand shares;
(d) One cent for each share authorized in excess of fifty
thousand shares up to and including one hundred thousand shares;
(e) One-half cent for each share authorized in excess of one
hundred thousand shares up to and including five hundred thousand
shares;
(f) One-quarter cent for each share authorized in excess of
five hundred thousand shares; provided no fee shall be less than
one hundred twenty-five dollars or greater than one hundred
thousand dollars.
(B) For filing and recording a certificate of amendment to or
amended articles of incorporation of a domestic corporation, or
for filing and recording a certificate of reorganization, a
certificate of dissolution, or an amendment to a foreign license
application:
(1) If the domestic corporation is not authorized to issue
any shares of capital stock, fifty dollars;
(2) If the domestic corporation is authorized to issue shares
of capital stock, fifty dollars, and in case of any increase in
the number of shares authorized to be issued, a further sum
computed in accordance with the schedule set forth in division
(A)(2) of this section less a credit computed in the same manner
for the number of shares previously authorized to be issued by the
corporation; provided no fee under division (B)(2) of this section
shall be greater than one hundred thousand dollars;
(3) If the foreign corporation is not authorized to issue any
shares of capital stock, fifty dollars;
(4) If the foreign corporation is authorized to issue shares
of capital stock, fifty dollars.
(C) For filing and recording articles of incorporation of a
savings and loan association, one hundred twenty-five dollars; and
for filing and recording a certificate of amendment to or amended
articles of incorporation of a savings and loan association, fifty
dollars;
(D) For filing and recording a certificate of conversion,
including a designation of agent, a certificate of merger, or a
certificate of consolidation, one hundred twenty-five dollars and,
in the case of any new corporation resulting from a consolidation
or any surviving corporation that has an increased number of
shares authorized to be issued resulting from a merger, an
additional sum computed in accordance with the schedule set forth
in division (A)(2) of this section less a credit computed in the
same manner for the number of shares previously authorized to be
issued or represented in this state by each of the corporations
for which a consolidation or merger is effected by the
certificate;
(E) For filing and recording articles of incorporation of a
credit union or the American credit union guaranty association,
one hundred twenty-five dollars, and for filing and recording a
certificate of increase in capital stock or any other amendment of
the articles of incorporation of a credit union or the
association, fifty dollars;
(F) For filing and recording articles of organization of a
limited liability company, for filing and recording an application
to become a registered foreign limited liability company, for
filing and recording a registration application to become a
domestic limited liability partnership, or for filing and
recording an application to become a registered foreign limited
liability partnership, one hundred twenty-five dollars;
(G) For filing and recording a certificate of limited
partnership or an application for registration as a foreign
limited partnership, or for filing an initial statement of
partnership authority pursuant to section 1776.33 of the Revised
Code, one hundred twenty-five dollars.
(H) For filing a copy of papers evidencing the incorporation
of a municipal corporation or of annexation of territory by a
municipal corporation, five dollars, to be paid by the municipal
corporation, the petitioners therefor, or their agent;
(I) For filing and recording any of the following:
(1) A license to transact business in this state by a foreign
corporation for profit pursuant to section 1703.04 of the Revised
Code or a foreign nonprofit corporation pursuant to section
1703.27 of the Revised Code, one hundred twenty-five dollars;
(2) A biennial report or biennial statement pursuant to
section 1775.63, 1776.83, or 1785.06 of the Revised Code,
twenty-five dollars;
(3) Except as otherwise provided in this section or any other
section of the Revised Code, any other certificate or paper that
is required to be filed and recorded or is permitted to be filed
and recorded by any provision of the Revised Code with the
secretary of state, twenty-five dollars.
(J) For filing any certificate or paper not required to be
recorded, five dollars;
(K)(1) For making copies of any certificate or other paper
filed in the office of the secretary of state, a fee not to exceed
one dollar per page, except as otherwise provided in the Revised
Code, and for creating and affixing the seal of the office of the
secretary of state to any good standing or other certificate, five
dollars. For copies of certificates or papers required by state
officers for official purpose, no charge shall be made.
(2) For creating and affixing the seal of the office of the
secretary of state to the certificates described in division (E)
of section 1701.81, division (E) of section 1701.811, division (E)
of section 1705.38, division (E) of section 1705.381, division (D)
of section 1702.43, division (E) of section 1775.47, division (E)
of section 1775.55, division (E) of section 1776.70, division (E)
of section 1776.74, division (E) of section 1782.433, or division
(E) of section 1782.4310 of the Revised Code, twenty-five dollars.
(L) For a minister's license to solemnize marriages, ten
dollars;
(M) For examining documents to be filed at a later date for
the purpose of advising as to the acceptability of the proposed
filing, fifty dollars;
(N) Fifty dollars for filing and recording any of the
following:
(1) A certificate of dissolution and accompanying documents,
or a certificate of cancellation, under section 1701.86, 1702.47,
1705.43, 1776.65, or 1782.10 of the Revised Code;
(2) A notice of dissolution of a foreign licensed corporation
or a certificate of surrender of license by a foreign licensed
corporation under section 1703.17 of the Revised Code;
(3) The withdrawal of registration of a foreign or domestic
limited liability partnership under section 1775.61, 1775.64,
1776.81, or 1776.86 of the Revised Code, or the certificate of
cancellation of registration of a foreign limited liability
company under section 1705.57 of the Revised Code;
(4) The filing of a statement of denial under section 1776.34
of the Revised Code, a statement of dissociation under section
1776.57 of the Revised Code, a statement of disclaimer of general
partner status under Chapter 1782. of the Revised Code, or a
cancellation of disclaimer of general partner status under Chapter
1782. of the Revised Code.
(O) For filing a statement of continued existence by a
nonprofit corporation, twenty-five dollars;
(P) For filing a restatement under section 1705.08 or 1782.09
of the Revised Code, an amendment to a certificate of cancellation
under section 1782.10 of the Revised Code, an amendment under
section 1705.08 or 1782.09 of the Revised Code, or a correction
under section 1705.55, 1775.61, 1775.64, 1776.12, or 1782.52 of
the Revised Code, fifty dollars;
(Q) For filing for reinstatement of an entity cancelled by
operation of law, by the secretary of state, by order of the
department of taxation, or by order of a court, twenty-five
dollars;
(R) For filing a and recording any of the following:
(1) A change of agent, resignation of agent, or change of
agent's address under section 1701.07, 1702.06, 1703.041, 1703.27,
1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the
Revised Code, twenty-five dollars;
(2) A multiple change of agent name or address,
standardization of agent address, or resignation of agent under
section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55,
1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one
hundred twenty-five dollars, plus three dollars per entity record
being changed, by the multiple agent update.
(S) For filing and recording any of the following:
(1) An application for the exclusive right to use a name or
an application to reserve a name for future use under section
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised
Code, fifty dollars;
(2) A trade name or fictitious name registration or report,
fifty dollars;
(3) An application to renew any item covered by division
(S)(1) or (2) of this section that is permitted to be renewed,
twenty-five dollars;
(4) An assignment of rights for use of a name covered by
division (S)(1), (2), or (3) of this section, the cancellation of
a name registration or name reservation that is so covered, or
notice of a change of address of the registrant of a name that is
so covered, twenty-five dollars.
(T) For filing and recording a report to operate a business
trust or a real estate investment trust, either foreign or
domestic, one hundred twenty-five dollars; and for filing and
recording an amendment to a report or associated trust instrument,
or a surrender of authority, to operate a business trust or real
estate investment trust, fifty dollars;
(U)(1) For filing and recording the registration of a
trademark, service mark, or mark of ownership, one hundred
twenty-five dollars;
(2) For filing and recording the change of address of a
registrant, the assignment of rights to a registration, a renewal
of a registration, or the cancellation of a registration
associated with a trademark, service mark, or mark of ownership,
twenty-five dollars.
(V) For filing a service of process with the secretary of
state, five dollars, except as otherwise provided in any section
of the Revised Code.
Fees specified in this section may be paid by cash, check, or
money order, by credit card in accordance with section 113.40 of
the Revised Code, or by an alternative payment program in
accordance with division (B) of section 111.18 of the Revised
Code. Any credit card number or the expiration date of any credit
card is not subject to disclosure under Chapter 149. of the
Revised Code.
Sec. 111.18. (A) The secretary of state shall keep a record
of all fees collected by the secretary of state and,
subject to
division (B) of section 1309.528 of the Revised Code and except as
otherwise provided in the Revised Code, shall pay them into the
state treasury to the credit of the corporate and uniform
commercial code filing fund created by section 1309.528 of the
Revised Code.
(B) The secretary of state may implement alternative payment
programs that permit payment of any fee charged by the secretary
of state by means other than cash, check, money order, or credit
card; an alternative payment program may include, but is not
limited to, one that permits a fee to be paid by electronic means
of transmission. Fees paid under an alternative payment program
shall be deposited to the credit of the secretary of state
alternative payment program fund, which is hereby created in the
state treasury. Any investment income of the secretary of state
alternative payment program fund shall be credited to that fund
and used to operate the alternative payment program. Within two
working days following the deposit of funds to the credit of the
secretary of state alternative payment program fund, the secretary
of state shall pay those funds to the credit of the corporate and
uniform commercial code filing fund, subject to division (B) of
section 1309.401 of the Revised Code and except as otherwise
provided in the Revised Code.
The secretary of state shall adopt rules necessary to carry
out the purposes of this division.
Sec. 111.181. There is hereby created in the state treasury
the information systems fund. The fund shall receive revenues from
fees charged to customers for special database requests, including
corporate and uniform commercial code filings. The secretary of
state shall use the fund for information technology related
expenses of the office.
Sec. 111.28. (A) There is hereby created in the state
treasury the help America vote act (HAVA) fund. All moneys
received by the secretary of state from the United States election
assistance commission shall be credited to the fund. The secretary
of state shall use the moneys credited to the fund for activities
conducted pursuant to the "Help America Vote Act of 2002," Pub. L.
No. 107-252, 116 Stat. 1666. All investment earnings of the fund
shall be credited to the fund.
(B) There is hereby created in the state treasury the
election reform/health and human services fund. All moneys
received by the secretary of state from the United States
department of health and human services shall be credited to the
fund. The secretary of state shall use the moneys credited to the
fund for activities conducted pursuant to grants awarded to the
state under Title II, Subtitle D, Sections 261 to 265 of the Help
America Vote Act of 2002 to assure access for individuals with
disabilities. All investment earnings of the fund shall be
credited to the fund.
Sec. 111.29. There is hereby created in the state treasury
the citizen education fund. The fund shall receive gifts, grants,
fees, and donations from private individuals and entities for
voter education purposes. The secretary of state shall use the
moneys credited to the fund for preparing, printing, and
distributing voter registration and educational materials and for
conducting related workshops and conferences for public education.
Sec. 117.101. The auditor of state shall provide, operate,
and maintain a uniform and compatible computerized financial
management and accounting system known as the uniform accounting
network. The network shall be designed to provide public offices,
other than state agencies and the Ohio education computer network
and public school districts, with efficient and economical access
to data processing and management information facilities and
expertise. In accordance with this objective, activities of the
network shall include, but not be limited to, provision,
maintenance, and operation of the following facilities and
services:
(A) A cooperative program of technical assistance for public
offices, other than state agencies and the Ohio education computer
network and public school districts, including, but not limited
to, an adequate computer software system and a data base;
(B) An information processing service center providing
approved computerized financial accounting and reporting services
to participating public offices.
The auditor of state and any public office, other than a
state agency and the Ohio education computer network and public
school districts, may enter into any necessary agreements, without
advertisement or bidding, for the provision of necessary goods,
materials, supplies, and services to such public offices by the
auditor of state through the network.
The auditor of state may, by rule, provide for a system of
user fees to be charged participating public offices for goods,
materials, supplies, and services received from the network. All
such fees shall be paid into the state treasury to the credit of
the uniform accounting network fund, which is hereby created. The
fund shall be used by the auditor of state to pay the costs of
establishing and maintaining the network. The fund shall be
assessed a proportionate share of the auditor of state's
administrative costs in accordance with procedures prescribed by
the auditor of state and approved by the director of budget and
management.
Sec. 117.13. (A) The costs of audits of state agencies shall
be recovered by the auditor of state in the following manner:
(1) The costs of all audits of state agencies shall be paid
to the auditor of state on statements rendered by the auditor of
state. Money so received by the auditor of state shall be paid
into the state treasury to the credit of the public audit expense
fund--intrastate, which is hereby created, and shall be used to
pay costs related to such audits. The costs of audits of a state
agency shall be charged to the state agency being audited. The
costs of any assistant auditor, employee, or expert employed
pursuant to section 117.09 of the Revised Code called upon to
testify in any legal proceedings in regard to any audit, or called
upon to review or discuss any matter related to any audit, may be
charged to the state agency to which the audit relates.
(2) The auditor of state shall establish by rule rates to be
charged to state agencies for recovering the costs of audits of
state agencies.
(B) As used in this division, "government auditing standards"
means the government auditing standards published by the
comptroller general of the United States general accounting
office.
(1) Except as provided in divisions (B)(2) and (3) of this
section, any costs of an audit of a private institution,
association, board, or corporation receiving public money for its
use shall be charged to the public office providing the public
money in the same manner as costs of an audit of the public
office.
(2) If an audit of a private child placing agency or private
noncustodial agency receiving public money from a public children
services agency for providing child welfare or child protection
services sets forth that money has been illegally expended,
converted, misappropriated, or is unaccounted for, the costs of
the audit shall be charged to the agency being audited in the same
manner as costs of an audit of a public office, unless the
findings are inconsequential, as defined by government auditing
standards.
(3) If such an audit does not set forth that money has been
illegally expended, converted, misappropriated, or is unaccounted
for or sets forth findings that are inconsequential, as defined by
government auditing standards, the costs of the audit shall be
charged as follows:
(a) One-third of the costs to the agency being audited;
(b) One-third of the costs to the public children services
agency that provided the public money to the agency being audited;
(c) One-third of the costs to the department of job and
family services.
(C) The costs of audits of local public offices shall be
recovered by the auditor of state in the following manner:
(1) The total amount of compensation paid assistant auditors
of state, their expenses, the cost of employees assigned to assist
the assistant auditors of state, the cost of experts employed
pursuant to section 117.09 of the Revised Code, and the cost of
typing, reviewing, and copying reports shall be borne by the
public office to which such assistant auditors of state are so
assigned, except that annual vacation and sick leave of assistant
auditors of state, employees, and typists shall be financed from
the general revenue fund. The necessary traveling and hotel
expenses of the deputy inspectors and supervisors of public
offices shall be paid from the state treasury. Assistant auditors
of state shall be compensated by the taxing district or other
public office audited for activities undertaken pursuant to
division (B) of section 117.18 and section 117.24 of the Revised
Code. The costs of any assistant auditor, employee, or expert
employed pursuant to section 117.09 of the Revised Code called
upon to testify in any legal proceedings in regard to any audit,
or called upon to review or discuss any matter related to any
audit, may be charged to the public office to which the audit
relates.
(2) The auditor of state shall certify the amount of such
compensation, expenses, cost of experts, reviewing, copying, and
typing to the fiscal officer of the local public office audited.
The fiscal officer of the local public office shall forthwith draw
a warrant upon the general fund or other appropriate funds of the
local public office to the order of the auditor of state;
provided, that the auditor of state is authorized to negotiate
with any local public office and, upon agreement between the
auditor of state and the local public office, may adopt a schedule
for payment of the amount due under this section. Money so
received by the auditor of state shall be paid into the state
treasury to the credit of the public audit expense fund--local
government, which is hereby created, and shall be used to pay the
compensation, expense, cost of experts and employees, reviewing,
copying, and typing of reports.
(3) At the conclusion of each audit, or analysis and report
made pursuant to section 117.24 of the Revised Code, the auditor
of state shall furnish the fiscal officer of the local public
office audited a statement showing the total cost of the audit, or
of the audit and the analysis and report, and the percentage of
the total cost chargeable to each fund audited. The fiscal officer
may distribute such total cost to each fund audited in accordance
with its percentage of the total cost.
(4) The auditor of state shall provide each local public
office a statement or certification of the amount due from the
public office for services performed by the auditor of state under
this or any other section of the Revised Code, as well as the date
upon which payment is due to the auditor of state. Any local
public office that does not pay the amount due to the auditor of
state by that date may be assessed by the auditor of state for
interest from the date upon which the payment is due at the rate
per annum prescribed by section 5703.47 of the Revised Code. All
interest charges assessed by the auditor of state may be collected
in the same manner as audit costs pursuant to division (D) of this
section.
(5) The auditor of state shall establish by rule rates to be
charged to local public offices for recovering the costs of audits
of local public offices.
(D) If the auditor of state fails to receive payment for any
amount due, including, but not limited to, fines, fees, and costs,
from a public office for services performed under this or any
other section of the Revised Code, the auditor of state may seek
payment through the office of budget and management. (Amounts due
include any amount due to an independent public accountant with
whom the auditor has contracted to perform services, all costs and
fees associated with participation in the uniform accounting
network, and all costs associated with the auditor's provision of
local government services.) Upon certification by the auditor of
state to the director of budget and management of any such amount
due, the director shall withhold from the public office any amount
available, up to and including the amount certified as due, from
any funds under the director's control that belong to or are
lawfully payable or due to the public office. The director shall
promptly pay the amount withheld to the auditor of state. If the
director determines that no funds due and payable to the public
office are available or that insufficient amounts of such funds
are available to cover the amount due, the director shall withhold
and pay to the auditor of state the amounts available and, in the
case of a local public office, certify the remaining amount to the
county auditor of the county in which the local public office is
located. The county auditor shall withhold from the local public
office any amount available, up to and including the amount
certified as due, from any funds under the county auditor's
control and belonging to or lawfully payable or due to the local
public office. The county auditor shall promptly pay any such
amount withheld to the auditor of state.
Sec. 118.023. (A) Upon determining that one or more of the
conditions described in section 118.022 of the Revised Code are
present, the auditor of state shall issue a written declaration of
the existence of a fiscal watch to the municipal corporation,
county, or township and the county budget commission. The fiscal
watch shall be in effect until the auditor of state determines
that none of the conditions are any longer present and cancels the
watch, or until the auditor of state determines that a state of
fiscal emergency exists. The auditor of state, or a designee,
shall provide such technical and support services to the municipal
corporation, county, or township after a fiscal watch has been
declared to exist as the auditor of state considers necessary. The
controlling board shall provide sufficient funds for any costs
that the auditor of state may incur in determining if a fiscal
watch exists and for providing technical and support services.
(B) Within one hundred twenty days after the day a written
declaration of the existence of a fiscal watch is issued under
division (A) of this section, the mayor of the municipal
corporation, the board of county commissioners of the county, or
the board of township trustees of the township for which a fiscal
watch was declared shall submit to the auditor of state a
financial recovery plan that shall identify actions to be taken to
eliminate all of the conditions described in section 118.022 of
the Revised Code, include a schedule detailing the approximate
dates for beginning and completing the actions, and include a
five-year forecast reflecting the effects of the actions. The
financial recovery plan is subject to review and approval by the
auditor of state. The auditor of state may extend the amount of
time by which a financial recovery plan is required to be filed,
for good cause shown.
(C) If a feasible financial recovery plan for a municipal
corporation, county, or township for which a fiscal watch was
declared is not submitted within the time period prescribed by
division (B) of this section, or within any extension of time
thereof, the auditor of state shall declare that a fiscal
emergency condition exists under section 118.04 of the Revised
Code in the municipal corporation, county, or township.
Sec. 118.025. (A) The auditor of state shall develop
guidelines for identifying fiscal practices and budgetary
conditions of municipal corporations, counties, and townships
that, if uncorrected, could result in a future declaration of a
fiscal watch or fiscal emergency.
(B) If the auditor of state determines that a municipal
corporation, county, or township is engaging in any of those
practices or that any of those conditions exist, the auditor of
state may declare the municipal corporation, county, or township
to be under a fiscal caution.
(C) When the auditor of state declares a fiscal caution, the
auditor of state shall promptly notify the municipal corporation,
county, or township of that declaration and shall request the
municipal corporation, county, or township to provide written
proposals for discontinuing or correcting the fiscal practices or
budgetary conditions that prompted the declaration and for
preventing the municipal corporation, county, or township from
experiencing further fiscal difficulties that could result in a
declaration of fiscal watch or fiscal emergency.
(D) The auditor of state, or a designee, may visit and
inspect any municipal corporation, county, or township that is
declared to be under a fiscal caution. The auditor of state may
provide technical assistance to the municipal corporation, county,
or township in implementing proposals to eliminate the practices
or budgetary conditions that prompted the declaration of fiscal
caution and may make recommendations concerning those proposals.
(E) If the auditor of state finds that a municipal
corporation, county, or township declared to be under a fiscal
caution has not made reasonable proposals or otherwise taken
action to discontinue or correct the fiscal practices or budgetary
conditions that prompted the declaration of fiscal caution, and if
the auditor of state considers it necessary to prevent further
fiscal decline, the auditor of state may determine that the
municipal corporation, county, or township should be in a state of
fiscal watch.
(F) The controlling board shall provide sufficient funds for
any costs incurred by the auditor of state in determining if a
fiscal caution exists and for providing technical and support
services.
Sec. 118.04. (A) The existence of a fiscal emergency
condition constitutes a fiscal emergency. The existence of fiscal
emergency conditions shall be determined by the auditor of state.
Such determination, for purposes of this chapter, may be made only
upon the filing with the auditor of state of a written request for
such a determination by the governor, by the county budget
commission, by the mayor of the municipal corporation, or by the
presiding officer of the legislative authority of the municipal
corporation when authorized by a majority of the members of such
legislative authority, by the board of county commissioners, or by
the board of township trustees, or upon initiation by the auditor
of state. The request may designate in general or specific terms,
but without thereby limiting the determination thereto, the
condition or conditions to be examined to determine whether they
constitute fiscal emergency conditions. Promptly upon receipt of
such written request, or upon initiation by the auditor of state,
the auditor of state shall transmit copies of such request or a
written notice of such initiation to the mayor and the presiding
officer of the legislative authority of the municipal corporation
or to the board of county commissioners or the board of township
trustees by personal service or certified mail. Such
determinations shall be set forth in written reports and
supplemental reports, which shall be filed with the mayor, fiscal
officer, and presiding officer of the legislative authority of the
municipal corporation, or with the board of county commissioners
or the board of township trustees, and with the treasurer of
state, secretary of state, governor, director of budget and
management, and county budget commission, within thirty days after
the request. The auditor of state shall so file an initial report
immediately upon determining the existence of any fiscal emergency
condition.
(B) In making such determination, the auditor of state may
rely on reports or other information filed or otherwise made
available by the municipal corporation, county, or township,
accountants' reports, or other sources and data the auditor of
state considers reliable for such purpose. As to the status of
funds or accounts, a determination that the amounts stated in
section 118.03 of the Revised Code are exceeded may be made
without need for determination of the specific amount of the
excess. The auditor of state may engage the services of
independent certified or registered public accountants, including
public accountants engaged or previously engaged by the municipal
corporation, county, or township, to conduct audits or make
reports or render such opinions as the auditor of state considers
desirable with respect to any aspect of the determinations to be
made by the auditor of state.
(C) A determination by the auditor of state under this
section that a fiscal emergency condition does not exist is final
and conclusive and not appealable. A determination by the auditor
of state under this section that a fiscal emergency exists is
final, except that the mayor of any municipal corporation affected
by a determination of the existence of a fiscal emergency
condition under this section, when authorized by a majority of the
members of the legislative authority, or the board of county
commissioners or board of township trustees, may appeal the
determination of the existence of a fiscal emergency condition to
the court of appeals having territorial jurisdiction over the
municipal corporation, county, or township. The appeal shall be
heard expeditiously by the court of appeals and for good cause
shown shall take precedence over all other civil matters except
earlier matters of the same character. Notice of such appeal must
be filed with the auditor of state and such court within thirty
days after certification by the auditor of state to the mayor and
presiding officer of the legislative authority of the municipal
corporation or to the board of county commissioners or board of
township trustees as provided for in division (A) of this section.
In such appeal, determinations of the auditor of state shall be
presumed to be valid and the municipal corporation, county, or
township shall have the burden of proving, by clear and convincing
evidence, that each of the determinations made by the auditor of
state as to the existence of a fiscal emergency condition under
section 118.03 of the Revised Code was in error. If the municipal
corporation, county, or township fails, upon presentation of its
case, to prove by clear and convincing evidence that each such
determination by the auditor of state was in error, the court
shall dismiss the appeal. The municipal corporation, county, or
township and the auditor of state may introduce any evidence
relevant to the existence or nonexistence of such fiscal emergency
conditions at the times indicated in the applicable provisions of
divisions (A) and (B) of section 118.03 of the Revised Code. The
pendency of any such appeal shall not affect or impede the
operations of this chapter; no restraining order, temporary
injunction, or other similar restraint upon actions consistent
with this chapter shall be imposed by the court or any court
pending determination of such appeal; and all things may be done
under this chapter that may be done regardless of the pendency of
any such appeal. Any action taken or contract executed pursuant to
this chapter during the pendency of such appeal is valid and
enforceable among all parties, notwithstanding the decision in
such appeal. If the court of appeals reverses the determination of
the existence of a fiscal emergency condition by the auditor of
state, the determination no longer has any effect, and any
procedures undertaken as a result of the determination shall be
terminated.
(D) All The auditor of state shall be reimbursed for any
expenses incurred by the auditor of state relating to a
determination or termination of a fiscal emergency under this
section or a fiscal watch under section 118.021 of the Revised
Code shall be reimbursed from an appropriation for that purpose,
including technical and support services. If necessary, the
controlling board shall provide sufficient funds for these
purposes.
Sec. 118.05. (A) Pursuant to the powers of the general
assembly and for the purposes of this chapter, upon the occurrence
of a fiscal emergency in any municipal corporation, county, or
township, as determined pursuant to section 118.04 of the Revised
Code, there is established, with respect to that municipal
corporation, county, or township, a body both corporate and
politic constituting an agency and instrumentality of the state
and performing essential governmental functions of the state to be
known as the "financial planning and supervision commission for
............... (name of municipal corporation, county, or
township)," which, in that name, may exercise all authority vested
in such a commission by this chapter. A Except as otherwise
provided in division (L) of this section, a separate commission is
established with respect to each municipal corporation, county, or
township as to which there is a fiscal emergency as determined
under this chapter.
(B) A commission shall consist of the following voting
members:
(1) Four ex officio members: the treasurer of state; the
director of budget and management; in the case of a municipal
corporation, the mayor of the municipal corporation and the
presiding officer of the legislative authority of the municipal
corporation; in the case of a county, the president of the board
of county commissioners and the county auditor; and in the case of
a township, a member of the board of township trustees; and the
county auditor or county fiscal officer.
The treasurer of state may designate a deputy treasurer or
director within the office of the treasurer of state or any other
appropriate person who is not an employee of the treasurer of
state's office; the director of budget and management may
designate an individual within the office of budget and management
or any other appropriate person who is not an employee of the
office of budget and management; the mayor may designate a
responsible official within the mayor's office or the fiscal
officer of the municipal corporation; the presiding officer of the
legislative authority of the municipal corporation may designate
any other member of the legislative authority; the board of county
commissioners may designate any other member of the board or the
fiscal officer of the county; and the board of township trustees
may designate any other member of the board or the fiscal officer
of the township to attend the meetings of the commission when the
ex officio member is absent or unable for any reason to attend. A
designee, when present, shall be counted in determining whether a
quorum is present at any meeting of the commission and may vote
and participate in all proceedings and actions of the commission.
The designations shall be in writing, executed by the ex officio
member or entity making the designation, and filed with the
secretary of the commission. The designations may be changed from
time to time in like manner, but due regard shall be given to the
need for continuity.
(2) If a municipal corporation, county, or township has a
population of at least one thousand, three members nominated and
appointed as follows:
The mayor and presiding officer of the legislative authority
of the municipal corporation, the board of county commissioners,
or the board of township trustees shall, within ten days after the
determination of the fiscal emergency by the auditor of state
under section 118.04 of the Revised Code, submit in writing to the
governor the nomination of five persons agreed to by them and
meeting the qualifications set forth in this division. If the
governor is not satisfied that at least three of the nominees are
well qualified, the governor shall notify the mayor and presiding
officer, or the board of county commissioners, or the board of
township trustees to submit in writing, within five days,
additional nominees agreed upon by them, not exceeding three. The
governor shall appoint three members from all the agreed-upon
nominees so submitted or a lesser number that the governor
considers well qualified within thirty days after receipt of the
nominations, and shall fill any remaining positions on the
commission by appointment of any other persons meeting the
qualifications set forth in this division. All appointments by the
governor shall be made with the advice and consent of the senate.
Each of the three appointed members shall serve during the life of
the commission, subject to removal by the governor for
misfeasance, nonfeasance, or malfeasance in office. In the event
of the death, resignation, incapacity, removal, or ineligibility
to serve of an appointed member, the governor, pursuant to the
process for original appointment, shall appoint a successor.
(3) If a municipal corporation, county, or township has a
population of less than one thousand, one member nominated and
appointed as follows:
The mayor and presiding officer of the legislative authority
of the municipal corporation, the board of county commissioners,
or the board of township trustees shall, within ten days after the
determination of the fiscal emergency by the auditor of state
under section 118.04 of the Revised Code, submit in writing to the
governor the nomination of three persons agreed to by them and
meeting the qualifications set forth in this division. If the
governor is not satisfied that at least one of the nominees is
well qualified, the governor shall notify the mayor and presiding
officer, or the board of county commissioners, or the board of
township trustees to submit in writing, within five days,
additional nominees agreed upon by them, not exceeding three. The
governor shall appoint one member from all the agreed-upon
nominees so submitted or shall fill the position on the commission
by appointment of any other person meeting the qualifications set
forth in this division. All appointments by the governor shall be
made with the advice and consent of the senate. The appointed
member shall serve during the life of the commission, subject to
removal by the governor for misfeasance, nonfeasance, or
malfeasance in office. In the event of the death, resignation,
incapacity, removal, or ineligibility to serve of the appointed
member, the governor, pursuant to the process for original
appointment, shall appoint a successor.
Each appointed member shall be an individual:
(a) Who has knowledge and experience in financial matters,
financial management, or business organization or operations;
(b) Whose One member appointed by the governor, whose
residency, office, or principal place of professional or business
activity is situated within the municipal corporation, county, or
township;
(c) Who shall not become a candidate for elected public
office while serving as a member of the commission.
(C) Immediately after appointment of the initial appointed
member
or members of the commission, the governor shall call the
first meeting of the commission and shall cause written notice of
the time, date, and place of the first meeting to be given to each
member of the commission at least forty-eight hours in advance of
the meeting.
(D) The director of budget and management shall serve as
chairperson of the commission. The commission shall elect one of
its members to serve as vice-chairperson and may appoint a
secretary and any other officers, who need not be members of the
commission, it considers necessary.
The chairperson may remove the
member appointed by the governor if that member fails to attend
three consecutive meetings. In that event, the governor shall fill
the vacancy in the same manner as the original appointment.
(E) The commission may adopt and alter bylaws and rules,
which shall not be subject to section 111.15 or Chapter 119. of
the Revised Code, for the conduct of its affairs and for the
manner, subject to this chapter, in which its powers and functions
shall be exercised and embodied.
(F) Four members of a commission established pursuant to
divisions (B)(1) and (2) of this section constitute a quorum of
the commission. The affirmative vote of a majority of the members
of such a commission is necessary for any action taken by vote of
the commission. Three members of a commission
established
pursuant to divisions (B)(1) and (3) of this section constitute a
quorum of the commission. The affirmative vote of a majority of
the members of such a the commission is necessary for any action
taken by vote of the commission. No vacancy in the membership of
the commission shall impair the rights of a quorum by such vote to
exercise all the rights and perform all the duties of the
commission. Members of the commission, and their designees, are
not disqualified from voting by reason of the functions of the
other office they hold and are not disqualified from exercising
the functions of the other office with respect to the municipal
corporation, county, or township, its officers, or the commission.
(G) The auditor of state shall serve as the "financial
supervisor" to the commission unless the auditor of state elects
to contract for that service. As used in this chapter, "financial
supervisor" means the auditor of state.
(H) At the request of the commission, the auditor of state
shall designate employees of the auditor of state's office to
assist the commission and the financial supervisor and to
coordinate the work of the auditor of state's office and the
financial supervisor. Upon the determination of a fiscal emergency
in any municipal corporation, county, or township, the municipal
corporation, county, or township shall provide the commission with
such reasonable office space in the principal building housing
city, county, or township government, where feasible, as it
determines is necessary to carry out its duties under this
chapter.
(I) The financial supervisor, the members of the commission,
the auditor of state, and any person authorized to act on behalf
of or assist them shall not be personally liable or subject to any
suit, judgment, or claim for damages resulting from the exercise
of or failure to exercise the powers, duties, and functions
granted to them in regard to their functioning under this chapter,
but the commission, the financial supervisor, the auditor of
state, and those other persons shall be subject to mandamus
proceedings to compel performance of their duties under this
chapter and with respect to any debt obligations issued pursuant
or subject to this chapter.
(J) At the request of the commission, the administrative head
of any state agency shall temporarily assign personnel skilled in
accounting and budgeting procedures to assist the commission or
the financial supervisor in its duties as financial supervisor.
(K) The appointed members of the commission are not subject
to section 102.02 of the Revised Code. Each appointed member of
the commission shall file with the commission a signed written
statement setting forth the general nature of sales of goods,
property, or services or of loans to the municipal corporation,
county, or township with respect to which that commission is
established, in which the appointed member has a pecuniary
interest or in which any member of the appointed member's
immediate family, as defined in section 102.01 of the Revised
Code, or any corporation, partnership, or enterprise of which the
appointed member is an officer, director, or partner, or of which
the appointed member or a member of the appointed member's
immediate family, as so defined, owns more than a five per cent
interest, has a pecuniary interest, and of which sale, loan, or
interest such member has knowledge. The statement shall be
supplemented from time to time to reflect changes in the general
nature of any such sales or loans.
(L) A commission is not established with respect to any
village or township with a population of less than two thousand
five hundred as of the most recent federal decennial census. Upon
the occurrence of a fiscal emergency in such a village or
township, the auditor of state shall serve as the financial
supervisor of the township and shall have all the powers and
responsibilities of a commission.
Sec. 118.06. (A) Within one hundred twenty days after the
first meeting of the commission, the mayor of the municipal
corporation or the board of county commissioners or board of
township trustees shall submit to the commission a detailed
financial plan, as approved or amended and approved by ordinance
or resolution of the legislative authority, containing the
following:
(1) Actions to be taken by the municipal corporation, county,
or township to:
(a) Eliminate all fiscal emergency conditions determined to
exist pursuant to section 118.04 of the Revised Code;
(b) Satisfy any judgments, past due accounts payable, and all
past due and payable payroll and fringe benefits;
(c) Eliminate the deficits in all deficit funds;
(d) Restore to construction funds and other special funds
moneys from such funds that were used for purposes not within the
purposes of such funds, or borrowed from such construction funds
by the purchase of debt obligations of the municipal corporation,
county, or township with the moneys of such funds, or missing from
the construction funds or such special funds and not accounted
for;
(e) Balance the budgets, avoid future deficits in any funds,
and maintain current payments of payroll, fringe benefits, and all
accounts;
(f) Avoid any fiscal emergency condition in the future;
(g) Restore the ability of the municipal corporation, county,
or township to market long-term general obligation bonds under
provisions of law applicable to municipal corporations, counties,
or townships generally.
(2) The legal authorities permitting the municipal
corporation, county, or township to take the actions enumerated
pursuant to division (A)(1) of this section;
(3) The approximate dates of the commencement, progress upon,
and completion of the actions enumerated pursuant to division
(A)(1) of this section, a five-year forecast reflecting the
effects of those actions, and a reasonable period of time
expected to be required to implement the plan. The municipal
corporation, county, or township, in consultation with the
commission and the financial supervisor, shall prepare a
reasonable time schedule for progress toward and achievement of
the requirements for the financial plan and the financial plan
shall be consistent with that time schedule.
(4) The amount and purpose of any issue of debt obligations
that will be issued, together with assurances that any such debt
obligations that will be issued will not exceed debt limits
supported by appropriate certifications by the fiscal officer of
the municipal corporation, county, or township and the county
auditor;
(5) Assurances that the municipal corporation, county, or
township will establish monthly levels of expenditures and
encumbrances pursuant to division (B)(2) of section 118.07 of the
Revised Code;
(6) Assurances that the municipal corporation, county, or
township will conform to statutes with respect to tax budgets and
appropriation measures;
(7) The detail, the form, and the supporting information that
the commission may direct.
(B) The financial plan developed pursuant to division (A) of
this section shall be filed with the financial supervisor and the
financial planning and supervision commission and shall be updated
annually. After consultation with the financial supervisor, the
commission shall either approve or reject any initial or
subsequent financial plan. If the commission rejects the initial
or any subsequent financial plan, it shall forthwith inform the
mayor and legislative authority of the municipal corporation or
the board of county commissioners or board of township trustees of
the reasons for its rejection. Within thirty days after the
rejection of any plan, the mayor with the approval of the
legislative authority by the passage of an ordinance or
resolution, or the board of county commissioners or board of
township trustees, shall submit another plan meeting the
requirements of divisions (A)(1) to (7) of this section, to the
commission and the financial supervisor for approval or rejection
by the commission.
(C) Any initial or subsequent financial plan passed by the
municipal corporation, county, or township shall be approved by
the commission if it complies with divisions (A)(1) to (7) of this
section, and if the commission finds that the plan is bona fide
and can reasonably be expected to be implemented within the period
specified in the plan.
(D) Any financial plan may be amended subsequent to its
adoption in the same manner as the passage and approval of the
initial or subsequent plan pursuant to divisions (A) to (C) of
this section.
(E) If a municipal corporation, county, or township fails to
submit a financial plan as required by this section, or fails to
substantially comply with an approved financial plan, upon
certification of the commission, all state funding for that
municipal corporation, county, or township other than benefit
assistance to individuals shall be escrowed until a feasible plan
is submitted and approved or substantial compliance with the plan
is achieved, as the case may be.
Sec. 118.12. (A) After the date by which the municipal
corporation, county, or township is required to submit a financial
plan or segment of a financial plan to the financial planning and
supervision commission, if the municipal corporation, county, or
township has failed to submit a financial plan or segment as
required by this chapter, expenditures from the general fund of
the municipal corporation, county, or township in any month may
not exceed eighty-five per cent of expenditures from the general
fund for such month in the preceding fiscal year, except the
commission may authorize a higher per cent for any month upon
justification of need by the municipal corporation, county, or
township. If considered prudent by the commission, expenditures
from any other fund of the municipal corporation, county, or
township also may be limited.
(B) After submission of a proposed financial plan by the
municipal corporation, county, or township to the commission,
until approval or disapproval no expenditure may be made contrary
to such proposed financial plan.
(C) After disapproval by the commission of a proposed
financial plan, no expenditure may be made by the municipal
corporation, county, or township inconsistent with the reasons for
disapproval given pursuant to division (B) of section 118.06 of
the Revised Code; and if the municipal corporation, county, or
township fails to submit a revised financial plan within the time
required, the expenditure limits of division (A) of this section
are applicable.
(D) After approval of a financial plan, or any amendment
thereof, no expenditure may be made contrary to the approved
financial plan, or amendment thereof, without the advance approval
of the financial supervisor. The commission, by a majority vote,
may overrule the decision of the financial supervisor.
Sec. 118.31. (A) If a municipal corporation, county, or
township under a fiscal emergency has failed to submit a feasible
financial plan as required under this chapter, or if a financial
plan in effect for at least one hundred eighty days cannot be
fully implemented within a period of five years, the municipal
corporation, county, or township may do either of the following:
(1) Proceed to formal bankruptcy protection under Chapter 9
of the United States Bankruptcy Code, 11 U.S.C. 901, as amended,
if approved by its financial supervisor, the financial planning
and supervision commission, and the governor.
(2) Enter receivership for restructuring or dissolution.
(B)(1) Upon petition of the financial supervisor and approval
of the commission, if any, the attorney general shall file a court
action to dissolve a municipal corporation, county, or township if
all of the following conditions apply:
(a) The municipal corporation, county, or township has a
population of less than five thousand as of the most recent
federal decennial census.
(b) The municipal corporation, county, or township has been
under a fiscal emergency for at least two consecutive years.
(c) Implementation of the financial plan of the municipal
corporation, county, or township cannot reasonably be expected to
correct and eliminate all fiscal emergency conditions within five
years.
(2) If the court finds that all of the conditions described
in division (B)(1) of this section apply to the municipal
corporation, county, or township, it shall enter an order removing
the executive and legislative officers of the municipal
corporation, county, or township and appoint a receiver to execute
all management duties. The receiver, under court supervision,
shall wind up the affairs of the municipal corporation, county, or
township and dissolve it.
Sec. 118.99. (A) During the fiscal emergency period, no
officer or employee of the municipal corporation, county, or
township shall do any of the following:
(1) Knowingly enter into any contract, financial obligation,
or other liability of the municipal corporation, county, or
township involving an expenditure, or make any expenditure in
excess of the amount permitted by section 118.12 of the Revised
Code;
(2) Knowingly enter into any contract, financial obligation,
or other liability of the municipal corporation, county, or
township, or knowingly execute or deliver debt obligations, or
transfer, advance, or borrow moneys from one fund of the municipal
corporation, county, or township to or for any other fund of the
municipal corporation, county, or township where any of such
actions are required to be approved by the financial planning and
supervision commission unless such actions have been so approved
or deemed to be approved as provided in or pursuant to this
chapter;
(3) Knowingly fail or refuse to take any of the actions
required by this chapter for the preparation or amendment of the
financial plan, or knowingly prepare, present, or certify any
information or report for the commission or any of its employees,
advisory committees, task forces, or agents that is false or
misleading or which is recklessly prepared or presented without
due care for its accuracy, or, upon learning that any such
information is false or misleading, or was recklessly prepared or
presented, knowingly fail promptly to advise the commission, or
the employee, advisory committee, task force, or agent to whom
such information was given, of that fact;
(4) Knowingly use or cause to be used moneys of a
construction fund for purposes other than the lawful purposes of
the construction fund, or knowingly use or cause to be used moneys
of a fund created under this chapter for the payment of principal
and interest on debt obligations, or a bond retirement fund, or
sinking fund for other than the payment of the principal of and
interest on debt obligations or other authorized costs or payments
from such funds, or knowingly fail to perform the duty of such
officer or employee to cause the prompt deposit of moneys to any
of the funds referred to in this division.
(B) The prohibitions set forth in division (A) of this
section are in addition to any other prohibitions provided by law
for a municipal corporation, county, or township, or by or
pursuant to a municipal charter.
(C) In addition to any other penalty or liability provided by
law for a municipal corporation, county, or township, or by or
pursuant to a municipal charter, a violation of division (A)(1),
(2), (3), or (4) of this section is a misdemeanor of the second
degree. Upon conviction of any officer or employee of a municipal
corporation, county, or township for any violation under division
(A)(1), (2), (3), or (4) of this section, such officer or employee
shall forfeit office or employment. For the seven-year period
immediately following the date of conviction, such officer shall
also be ineligible to hold any public office or other position of
trust in this state or be employed by any public entity in this
state.
Sec. 121.03. The following administrative department heads
shall be appointed by the governor, with the advice and consent of
the senate, and shall hold their offices during the term of the
appointing governor, and are subject to removal at the pleasure of
the governor.
(A) The director of budget and management;
(B) The director of commerce;
(C) The director of transportation;
(D) The director of agriculture;
(E) The director of job and family services;
(F) Until July 1, 1997, the director of liquor control;
(G) The director of public safety;
(H) The superintendent of insurance;
(I) The director of development;
(J) The tax commissioner;
(K) The director of administrative services;
(L) The director of natural resources;
(M) The director of mental health;
(N) The director of developmental disabilities;
(O) The director of health;
(P) The director of youth services;
(Q) The director of rehabilitation and correction;
(R) The director of environmental protection;
(S) The director of aging;
(T) The director of alcohol and drug addiction services;
(U) The administrator of workers' compensation who meets the
qualifications required under division (A) of section 4121.121 of
the Revised Code;
(V) The director of veterans services who meets the
qualifications required under section 5902.01 of the Revised Code;
(W) The chancellor of the Ohio board of regents.
Sec. 121.04. Offices are created within the several
departments as follows:
In the department of commerce:
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Commissioner of securities; |
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Superintendent of real estate and professional licensing; |
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Superintendent of financial institutions; |
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State fire marshal; |
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Superintendent of labor; |
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Superintendent of liquor control; |
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Superintendent of unclaimed funds. |
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In the department of administrative services:
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State architect and engineer; |
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Equal employment opportunity coordinator. |
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In the department of agriculture:
Chiefs of divisions as follows:
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Administration; |
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Animal industry; |
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Dairy; |
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Food safety; |
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Plant industry; |
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Markets; |
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Meat inspection; |
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Consumer analytical laboratory; |
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Amusement ride safety; |
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Enforcement; |
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Weights and measures. |
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In the department of natural resources:
Chiefs of divisions as follows:
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Mineral resources management; |
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Oil and gas resources management; |
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Forestry; |
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Natural areas and preserves; |
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Wildlife; |
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Geological survey; |
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Parks and recreation; |
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Watercraft; |
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Recycling and litter prevention; |
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Soil and water resources; |
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Engineering. |
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In the department of insurance:
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Deputy superintendent of insurance; |
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Assistant superintendent of insurance, technical; |
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Assistant superintendent of insurance, administrative; |
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Assistant superintendent of insurance, research. |
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Sec. 121.22. (A) This section shall be liberally construed
to require public officials to take official action and to conduct
all deliberations upon official business only in open meetings
unless the subject matter is specifically excepted by law.
(B) As used in this section:
(1) "Public body" means any of the following:
(a) Any board, commission, committee, council, or similar
decision-making body of a state agency, institution, or authority,
and any legislative authority or board, commission, committee,
council, agency, authority, or similar decision-making body of any
county, township, municipal corporation, school district, or other
political subdivision or local public institution;
(b) Any committee or subcommittee of a body described in
division (B)(1)(a) of this section;
(c) A court of jurisdiction of a sanitary district organized
wholly for the purpose of providing a water supply for domestic,
municipal, and public use when meeting for the purpose of the
appointment, removal, or reappointment of a member of the board of
directors of such a district pursuant to section 6115.10 of the
Revised Code, if applicable, or for any other matter related to
such a district other than litigation involving the district. As
used in division (B)(1)(c) of this section, "court of
jurisdiction" has the same meaning as "court" in section 6115.01
of the Revised Code.
(2) "Meeting" means any prearranged discussion of the public
business of the public body by a majority of its members.
(3) "Regulated individual" means either of the following:
(a) A student in a state or local public educational
institution;
(b) A person who is, voluntarily or involuntarily, an inmate,
patient, or resident of a state or local institution because of
criminal behavior, mental illness or retardation, disease,
disability, age, or other condition requiring custodial care.
(4) "Public office" has the same meaning as in section
149.011 of the Revised Code.
(C) All meetings of any public body are declared to be public
meetings open to the public at all times. A member of a public
body shall be present in person at a meeting open to the public to
be considered present or to vote at the meeting and for purposes
of determining whether a quorum is present at the meeting.
The minutes of a regular or special meeting of any public
body shall be promptly prepared, filed, and maintained and shall
be open to public inspection. The minutes need only reflect the
general subject matter of discussions in executive sessions
authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following:
(2) An audit conference conducted by the auditor of state or
independent certified public accountants with officials of the
public office that is the subject of the audit;
(3) The adult parole authority when its hearings are
conducted at a correctional institution for the sole purpose of
interviewing inmates to determine parole or pardon;
(4) The organized crime investigations commission established
under section 177.01 of the Revised Code;
(5) Meetings of a child fatality review board established
under section 307.621 of the Revised Code and meetings conducted
pursuant to sections 5153.171 to 5153.173 of the Revised Code;
(6) The state medical board when determining whether to
suspend a certificate without a prior hearing pursuant to division
(G) of either section 4730.25 or 4731.22 of the Revised Code;
(7) The board of nursing when determining whether to suspend
a license or certificate without a prior hearing pursuant to
division (B) of section 4723.281 of the Revised Code;
(8) The state board of pharmacy when determining whether to
suspend a license without a prior hearing pursuant to division (D)
of section 4729.16 of the Revised Code;
(9) The state chiropractic board when determining whether to
suspend a license without a hearing pursuant to section 4734.37 of
the Revised Code;
(10) The executive committee of the emergency response
commission when determining whether to issue an enforcement order
or request that a civil action, civil penalty action, or criminal
action be brought to enforce Chapter 3750. of the Revised Code;
(11) The board of directors of the nonprofit corporation
formed under section 187.01 of the Revised Code or any committee
thereof, and the board of directors of any subsidiary of that
corporation or a committee thereof;
(12) An audit conference conducted by the audit staff of the
department of job and family services with officials of the public
office that is the subject of that audit under section 5101.37 of
the Revised Code.
(E) The controlling board, the development financing advisory
council, the industrial technology and enterprise advisory
council, the tax credit authority, or the minority development
financing advisory board, when meeting to consider granting
assistance pursuant to Chapter 122. or 166. of the Revised Code,
in order to protect the interest of the applicant or the possible
investment of public funds, by unanimous vote of all board,
council, or authority members present, may close the meeting
during consideration of the following information confidentially
received by the authority, council, or board from the applicant:
(2) Specific business strategy;
(3) Production techniques and trade secrets;
(4) Financial projections;
(5) Personal financial statements of the applicant or members
of the applicant's immediate family, including, but not limited
to, tax records or other similar information not open to public
inspection.
The vote by the authority, council, or board to accept or
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a reasonable
method whereby any person may determine the time and place of all
regularly scheduled meetings and the time, place, and purpose of
all special meetings. A public body shall not hold a special
meeting unless it gives at least twenty-four hours' advance notice
to the news media that have requested notification, except in the
event of an emergency requiring immediate official action. In the
event of an emergency, the member or members calling the meeting
shall notify the news media that have requested notification
immediately of the time, place, and purpose of the meeting.
The rule shall provide that any person, upon request and
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public
business is to be discussed. Provisions for advance notification
may include, but are not limited to, mailing the agenda of
meetings to all subscribers on a mailing list or mailing notices
in self-addressed, stamped envelopes provided by the person.
(G) Except as provided in division (J) of this section, the
members of a public body may hold an executive session only after
a majority of a quorum of the public body determines, by a roll
call vote, to hold an executive session and only at a regular or
special meeting for the sole purpose of the consideration of any
of the following matters:
(1) To consider the appointment, employment, dismissal,
discipline, promotion, demotion, or compensation of a public
employee or official, or the investigation of charges or
complaints against a public employee, official, licensee, or
regulated individual, unless the public employee, official,
licensee, or regulated individual requests a public hearing.
Except as otherwise provided by law, no public body shall hold an
executive session for the discipline of an elected official for
conduct related to the performance of the elected official's
official duties or for the elected official's removal from office.
If a public body holds an executive session pursuant to division
(G)(1) of this section, the motion and vote to hold that executive
session shall state which one or more of the approved purposes
listed in division (G)(1) of this section are the purposes for
which the executive session is to be held, but need not include
the name of any person to be considered at the meeting.
(2) To consider the purchase of property for public purposes,
or for the sale of property at competitive bidding, if premature
disclosure of information would give an unfair competitive or
bargaining advantage to a person whose personal, private interest
is adverse to the general public interest. No member of a public
body shall use division (G)(2) of this section as a subterfuge for
providing covert information to prospective buyers or sellers. A
purchase or sale of public property is void if the seller or buyer
of the public property has received covert information from a
member of a public body that has not been disclosed to the general
public in sufficient time for other prospective buyers and sellers
to prepare and submit offers.
If the minutes of the public body show that all meetings and
deliberations of the public body have been conducted in compliance
with this section, any instrument executed by the public body
purporting to convey, lease, or otherwise dispose of any right,
title, or interest in any public property shall be conclusively
presumed to have been executed in compliance with this section
insofar as title or other interest of any bona fide purchasers,
lessees, or transferees of the property is concerned.
(3) Conferences with an attorney for the public body
concerning disputes involving the public body that are the subject
of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations or
bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal law
or regulations or state statutes;
(6) Details relative to the security arrangements and
emergency response protocols for a public body or a public office,
if disclosure of the matters discussed could reasonably be
expected to jeopardize the security of the public body or public
office;
(7) In the case of a county hospital operated pursuant to
Chapter 339. of the Revised Code, a joint township hospital
operated pursuant to Chapter 513. of the Revised Code, or a
municipal hospital operated pursuant to Chapter 749. of the
Revised Code, to consider trade secrets, as defined in section
1333.61 of the Revised Code.
If a public body holds an executive session to consider any
of the matters listed in divisions (G)(2) to (7) of this section,
the motion and vote to hold that executive session shall state
which one or more of the approved matters listed in those
divisions are to be considered at the executive session.
A public body specified in division (B)(1)(c) of this section
shall not hold an executive session when meeting for the purposes
specified in that division.
(H) A resolution, rule, or formal action of any kind is
invalid unless adopted in an open meeting of the public body. A
resolution, rule, or formal action adopted in an open meeting that
results from deliberations in a meeting not open to the public is
invalid unless the deliberations were for a purpose specifically
authorized in division (G) or (J) of this section and conducted at
an executive session held in compliance with this section. A
resolution, rule, or formal action adopted in an open meeting is
invalid if the public body that adopted the resolution, rule, or
formal action violated division (F) of this section.
(I)(1) Any person may bring an action to enforce this
section. An action under division (I)(1) of this section shall be
brought within two years after the date of the alleged violation
or threatened violation. Upon proof of a violation or threatened
violation of this section in an action brought by any person, the
court of common pleas shall issue an injunction to compel the
members of the public body to comply with its provisions.
(2)(a) If the court of common pleas issues an injunction
pursuant to division (I)(1) of this section, the court shall order
the public body that it enjoins to pay a civil forfeiture of five
hundred dollars to the party that sought the injunction and shall
award to that party all court costs and, subject to reduction as
described in division (I)(2) of this section, reasonable
attorney's fees. The court, in its discretion, may reduce an award
of attorney's fees to the party that sought the injunction or not
award attorney's fees to that party if the court determines both
of the following:
(i) That, based on the ordinary application of statutory law
and case law as it existed at the time of violation or threatened
violation that was the basis of the injunction, a well-informed
public body reasonably would believe that the public body was not
violating or threatening to violate this section;
(ii) That a well-informed public body reasonably would
believe that the conduct or threatened conduct that was the basis
of the injunction would serve the public policy that underlies the
authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an injunction
pursuant to division (I)(1) of this section and the court
determines at that time that the bringing of the action was
frivolous conduct, as defined in division (A) of section 2323.51
of the Revised Code, the court shall award to the public body all
court costs and reasonable attorney's fees, as determined by the
court.
(3) Irreparable harm and prejudice to the party that sought
the injunction shall be conclusively and irrebuttably presumed
upon proof of a violation or threatened violation of this section.
(4) A member of a public body who knowingly violates an
injunction issued pursuant to division (I)(1) of this section may
be removed from office by an action brought in the court of common
pleas for that purpose by the prosecuting attorney or the attorney
general.
(J)(1) Pursuant to division (C) of section 5901.09 of the
Revised Code, a veterans service commission shall hold an
executive session for one or more of the following purposes unless
an applicant requests a public hearing:
(a) Interviewing an applicant for financial assistance under
sections 5901.01 to 5901.15 of the Revised Code;
(b) Discussing applications, statements, and other documents
described in division (B) of section 5901.09 of the Revised Code;
(c) Reviewing matters relating to an applicant's request for
financial assistance under sections 5901.01 to 5901.15 of the
Revised Code.
(2) A veterans service commission shall not exclude an
applicant for, recipient of, or former recipient of financial
assistance under sections 5901.01 to 5901.15 of the Revised Code,
and shall not exclude representatives selected by the applicant,
recipient, or former recipient, from a meeting that the commission
conducts as an executive session that pertains to the applicant's,
recipient's, or former recipient's application for financial
assistance.
(3) A veterans service commission shall vote on the grant or
denial of financial assistance under sections 5901.01 to 5901.15
of the Revised Code only in an open meeting of the commission. The
minutes of the meeting shall indicate the name, address, and
occupation of the applicant, whether the assistance was granted or
denied, the amount of the assistance if assistance is granted, and
the votes for and against the granting of assistance.
Sec. 121.37. (A)(1) There is hereby created the Ohio family
and children first cabinet council. The council shall be composed
of the superintendent of public instruction, the administrator of
the rehabilitation services commission, and the directors of youth
services, job and family services, mental health, health, alcohol
and drug addiction services, developmental disabilities, aging,
rehabilitation and correction, and budget and management. The
chairperson of the council shall be the governor or the governor's
designee and shall establish procedures for the council's internal
control and management.
The purpose of the cabinet council is to help families
seeking government services. This section shall not be interpreted
or applied to usurp the role of parents, but solely to streamline
and coordinate existing government services for families seeking
assistance for their children.
(2) In seeking to fulfill its purpose, the council may do any
of the following:
(a) Advise and make recommendations to the governor and
general assembly regarding the provision of services to children;
(b) Advise and assess local governments on the coordination
of service delivery to children;
(c) Hold meetings at such times and places as may be
prescribed by the council's procedures and maintain records of the
meetings, except that records identifying individual children are
confidential and shall be disclosed only as provided by law;
(d) Develop programs and projects, including pilot projects,
to encourage coordinated efforts at the state and local level to
improve the state's social service delivery system;
(e) Enter into contracts with and administer grants to county
family and children first councils, as well as other county or
multicounty organizations to plan and coordinate service delivery
between state agencies and local service providers for families
and children;
(f) Enter into contracts with and apply for grants from
federal agencies or private organizations;
(g) Enter into interagency agreements to encourage
coordinated efforts at the state and local level to improve the
state's social service delivery system. The agreements may include
provisions regarding the receipt, transfer, and expenditure of
funds;
(h) Identify public and private funding sources for services
provided to alleged or adjudicated unruly children and children
who are at risk of being alleged or adjudicated unruly children,
including regulations governing access to and use of the services;
(i) Collect information provided by local communities
regarding successful programs for prevention, intervention, and
treatment of unruly behavior, including evaluations of the
programs;
(j) Identify and disseminate publications regarding alleged
or adjudicated unruly children and children who are at risk of
being alleged or adjudicated unruly children and regarding
programs serving those types of children;
(k) Maintain an inventory of strategic planning facilitators
for use by government or nonprofit entities that serve alleged or
adjudicated unruly children or children who are at risk of being
alleged or adjudicated unruly children.
(3) The cabinet council shall provide for the following:
(a) Reviews of service and treatment plans for children for
which such reviews are requested;
(b) Assistance as the council determines to be necessary to
meet the needs of children referred by county family and children
first councils;
(c) Monitoring and supervision of a statewide, comprehensive,
coordinated, multi-disciplinary, interagency system for infants
and toddlers with developmental disabilities or delays and their
families, as established pursuant to federal grants received and
administered by the department of health for early intervention
services under the "Individuals with Disabilities Education Act of
2004," 20 U.S.C.A. 1400, as amended.
(4) The cabinet council shall develop and implement the
following:
(a) An interagency process to select the indicators that will
be used to measure progress toward increasing child well-being in
the state and to update the indicators on an annual basis. The
indicators shall focus on expectant parents and newborns thriving;
infants and toddlers thriving; children being ready for school;
children and youth succeeding in school; youth choosing healthy
behaviors; and youth successfully transitioning into adulthood.
(b) An interagency system to offer guidance and monitor
progress toward increasing child well-being in the state and in
each county;
(c) An annual plan that identifies state-level agency efforts
taken to ensure progress towards increasing child well-being in
the state.
On an annual basis, the cabinet council shall submit to the
governor and the general assembly a report on the status of
efforts to increase child well-being in the state. This report
shall be made available to any other person on request.
(B)(1) Each board of county commissioners shall establish a
county family and children first council. The board may invite any
local public or private agency or group that funds, advocates, or
provides services to children and families to have a
representative become a permanent or temporary member of its
county council. Each county council must include the following
individuals:
(a) At least three individuals who are not employed by an
agency represented on the council and whose families are or have
received services from an agency represented on the council or
another county's council. Where possible, the number of members
representing families shall be equal to twenty per cent of the
council's membership.
(b) The director of the board of alcohol, drug addiction, and
mental health services that serves the county, or, in the case of
a county that has a board of alcohol and drug addiction services
and a community mental health board, the directors of both boards.
If a board of alcohol, drug addiction, and mental health services
covers more than one county, the director may designate a person
to participate on the county's council.
(c) The health commissioner, or the commissioner's designee,
of the board of health of each city and general health district in
the county. If the county has two or more health districts, the
health commissioner membership may be limited to the commissioners
of the two districts with the largest populations.
(d) The director of the county department of job and family
services;
(e) The executive director of the public children services
agency;
(f) The superintendent of the county board of developmental
disabilities;
(g) The superintendent of the city, exempted village, or
local school district with the largest number of pupils residing
in the county, as determined by the department of education, which
shall notify each board of county commissioners of its
determination at least biennially;
(h) A school superintendent representing all other school
districts with territory in the county, as designated at a
biennial meeting of the superintendents of those districts;
(i) A representative of the municipal corporation with the
largest population in the county;
(j) The president of the board of county commissioners or an
individual designated by the board;
(k) A representative of the regional office of the department
of youth services;
(l) A representative of the county's head start agencies, as
defined in section 3301.32 of the Revised Code;
(m) A representative of the county's early intervention
collaborative established pursuant to the federal early
intervention program operated under the "Individuals with
Disabilities Education Act of 2004";
(n) A representative of a local nonprofit entity that funds,
advocates, or provides services to children and families.
Notwithstanding any other provision of law, the public
members of a county council are not prohibited from serving on the
council and making decisions regarding the duties of the council,
including those involving the funding of joint projects and those
outlined in the county's service coordination mechanism
implemented pursuant to division (C) of this section.
The cabinet council shall establish a state appeals process
to resolve disputes among the members of a county council
concerning whether reasonable responsibilities as members are
being shared. The appeals process may be accessed only by a
majority vote of the council members who are required to serve on
the council. Upon appeal, the cabinet council may order that state
funds for services to children and families be redirected to a
county's board of county commissioners.
The county's juvenile court judge senior in service or
another judge of the juvenile court designated by the
administrative judge or, where there is no administrative judge,
by the judge senior in service shall serve as the judicial advisor
to the county family and children first council. The judge may
advise the county council on the court's utilization of resources,
services, or programs provided by the entities represented by the
members of the county council and how those resources, services,
or programs assist the court in its administration of justice.
Service of a judge as a judicial advisor pursuant to this section
is a judicial function.
(2) The purpose of the county council is to streamline and
coordinate existing government services for families seeking
services for their children. In seeking to fulfill its purpose, a
county council shall provide for the following:
(a) Referrals to the cabinet council of those children for
whom the county council cannot provide adequate services;
(b) Development and implementation of a process that annually
evaluates and prioritizes services, fills service gaps where
possible, and invents new approaches to achieve better results for
families and children;
(c) Participation in the development of a countywide,
comprehensive, coordinated, multi-disciplinary, interagency system
for infants and toddlers with developmental disabilities or delays
and their families, as established pursuant to federal grants
received and administered by the department of health for early
intervention services under the "Individuals with Disabilities
Education Act of 2004";
(d) Maintenance of an accountability system to monitor the
county council's progress in achieving results for families and
children;
(e) Establishment of a mechanism to ensure ongoing input from
a broad representation of families who are receiving services
within the county system.
(3) A county council shall develop and implement the
following:
(a) An interagency process to establish local indicators and
monitor the county's progress toward increasing child well-being
in the county;
(b) An interagency process to identify local priorities to
increase child well-being. The local priorities shall focus on
expectant parents and newborns thriving; infants and toddlers
thriving; children being ready for school; children and youth
succeeding in school; youth choosing healthy behaviors; and youth
successfully transitioning into adulthood and take into account
the indicators established by the cabinet council under division
(A)(4)(a) of this section.
(c) An annual plan that identifies the county's interagency
efforts to increase child well-being in the county.
On an annual basis, the county council shall submit a report
on the status of efforts by the county to increase child
well-being in the county to the county's board of county
commissioners and the cabinet council. This report shall be made
available to any other person on request.
(4)(a) Except as provided in division (B)(4)(b) of this
section, a county council shall comply with the policies,
procedures, and activities prescribed by the rules or interagency
agreements of a state department participating on the cabinet
council whenever the county council performs a function subject to
those rules or agreements.
(b) On application of a county council, the cabinet council
may grant an exemption from any rules or interagency agreements of
a state department participating on the council if an exemption is
necessary for the council to implement an alternative program or
approach for service delivery to families and children. The
application shall describe the proposed program or approach and
specify the rules or interagency agreements from which an
exemption is necessary. The cabinet council shall approve or
disapprove the application in accordance with standards and
procedures it shall adopt. If an application is approved, the
exemption is effective only while the program or approach is being
implemented, including a reasonable period during which the
program or approach is being evaluated for effectiveness.
(5)(a) Each county council shall designate an administrative
agent for the council from among the following public entities:
the board of alcohol, drug addiction, and mental health services,
including a board of alcohol and drug addiction or a community
mental health board if the county is served by separate boards;
the board of county commissioners; any board of health of the
county's city and general health districts; the county department
of job and family services; the county agency responsible for the
administration of children services pursuant to section 5153.15 of
the Revised Code; the county board of developmental disabilities;
any of the county's boards of education or governing boards of
educational service centers; or the county's juvenile court. Any
of the foregoing public entities, other than the board of county
commissioners, may decline to serve as the council's
administrative agent.
A county council's administrative agent shall serve as the
council's appointing authority for any employees of the council.
The council shall file an annual budget with its administrative
agent, with copies filed with the county auditor and with the
board of county commissioners, unless the board is serving as the
council's administrative agent. The council's administrative agent
shall ensure that all expenditures are handled in accordance with
policies, procedures, and activities prescribed by state
departments in rules or interagency agreements that are applicable
to the council's functions.
The administrative agent of a county council shall send
notice of a member's absence if a member listed in division (B)(1)
of this section has been absent from either three consecutive
meetings of the county council or a county council subcommittee,
or from one-quarter of such meetings in a calendar year, whichever
is less. The notice shall be sent to the board of county
commissioners that establishes the county council and, for the
members listed in divisions (B)(1)(b), (c), (e), and (l) of this
section, to the governing board overseeing the respective entity;
for the member listed in division (B)(1)(f) of this section, to
the county board of developmental disabilities that employs the
superintendent; for a member listed in division (B)(1)(g) or (h)
of this section, to the school board that employs the
superintendent; for the member listed in division (B)(1)(i) of
this section, to the mayor of the municipal corporation; for the
member listed in division (B)(1)(k) of this section, to the
director of youth services; and for the member listed in division
(B)(1)(n) of this section, to that member's board of trustees.
The administrative agent for a county council may do any of
the following on behalf of the council:
(i) Enter into agreements or administer contracts with public
or private entities to fulfill specific council business. Such
agreements and contracts are exempt from the competitive bidding
requirements of section 307.86 of the Revised Code if they have
been approved by the county council and they are for the purchase
of family and child welfare or child protection services or other
social or job and family services for families and children. The
approval of the county council is not required to exempt
agreements or contracts entered into under section 5139.34,
5139.41, or 5139.43 of the Revised Code from the competitive
bidding requirements of section 307.86 of the Revised Code.
(ii) As determined by the council, provide financial
stipends, reimbursements, or both, to family representatives for
expenses related to council activity;
(iii) Receive by gift, grant, devise, or bequest any moneys,
lands, or other property for the purposes for which the council is
established. The agent shall hold, apply, and dispose of the
moneys, lands, or other property according to the terms of the
gift, grant, devise, or bequest. Any interest or earnings shall be
treated in the same manner and are subject to the same terms as
the gift, grant, devise, or bequest from which it accrues.
(b)(i) If the county council designates the board of county
commissioners as its administrative agent, the board may, by
resolution, delegate any of its powers and duties as
administrative agent to an executive committee the board
establishes from the membership of the county council. The board
shall name to the executive committee at least the individuals
described in divisions (B)(1)(b) to (h) of this section and may
appoint the president of the board or another individual as the
chair of the executive committee. The executive committee must
include at least one family county council representative who does
not have a family member employed by an agency represented on the
council.
(ii) The executive committee may, with the approval of the
board, hire an executive director to assist the county council in
administering its powers and duties. The executive director shall
serve in the unclassified civil service at the pleasure of the
executive committee. The executive director may, with the approval
of the executive committee, hire other employees as necessary to
properly conduct the county council's business.
(iii) The board may require the executive committee to submit
an annual budget to the board for approval and may amend or repeal
the resolution that delegated to the executive committee its
authority as the county council's administrative agent.
(6) Two or more county councils may enter into an agreement
to administer their county councils jointly by creating a regional
family and children first council. A regional council possesses
the same duties and authority possessed by a county council,
except that the duties and authority apply regionally rather than
to individual counties. Prior to entering into an agreement to
create a regional council, the members of each county council to
be part of the regional council shall meet to determine whether
all or part of the members of each county council will serve as
members of the regional council.
(7) A board of county commissioners may approve a resolution
by a majority vote of the board's members that requires the county
council to submit a statement to the board each time the council
proposes to enter into an agreement, adopt a plan, or make a
decision, other than a decision pursuant to section 121.38 of the
Revised Code, that requires the expenditure of funds for two or
more families. The statement shall describe the proposed
agreement, plan, or decision.
Not later than fifteen days after the board receives the
statement, it shall, by resolution approved by a majority of its
members, approve or disapprove the agreement, plan, or decision.
Failure of the board to pass a resolution during that time period
shall be considered approval of the agreement, plan, or decision.
An agreement, plan, or decision for which a statement is
required to be submitted to the board shall be implemented only if
it is approved by the board.
(C) Each county shall develop a county service coordination
mechanism. The county service coordination mechanism shall serve
as the guiding document for coordination of services in the
county. For children who also receive services under the help me
grow program, the service coordination mechanism shall be
consistent with rules adopted by the department of health under
section 3701.61 of the Revised Code. All family service
coordination plans shall be developed in accordance with the
county service coordination mechanism. The mechanism shall be
developed and approved with the participation of the county
entities representing child welfare; mental retardation and
developmental disabilities; alcohol, drug addiction, and mental
health services; health; juvenile judges; education; the county
family and children first council; and the county early
intervention collaborative established pursuant to the federal
early intervention program operated under the "Individuals with
Disabilities Education Act of 2004." The county shall establish an
implementation schedule for the mechanism. The cabinet council may
monitor the implementation and administration of each county's
service coordination mechanism.
Each mechanism shall include all of the following:
(1) A procedure for an agency, including a juvenile court, or
a family voluntarily seeking service coordination, to refer the
child and family to the county council for service coordination in
accordance with the mechanism;
(2) A procedure ensuring that a family and all appropriate
staff from involved agencies, including a representative from the
appropriate school district, are notified of and invited to
participate in all family service coordination plan meetings;
(3) A procedure that permits a family to initiate a meeting
to develop or review the family's service coordination plan and
allows the family to invite a family advocate, mentor, or support
person of the family's choice to participate in any such meeting;
(4) A procedure for ensuring that a family service
coordination plan meeting is conducted for each child who receives
service coordination under the mechanism and for whom an emergency
out-of-home placement has been made or for whom a nonemergency
out-of-home placement is being considered. The meeting shall be
conducted within ten days of an emergency out-of-home placement.
The meeting shall be conducted before a nonemergency out-of-home
placement. The family service coordination plan shall outline how
the county council members will jointly pay for services, where
applicable, and provide services in the least restrictive
environment.
(5) A procedure for monitoring the progress and tracking the
outcomes of each service coordination plan requested in the county
including monitoring and tracking children in out-of-home
placements to assure continued progress, appropriateness of
placement, and continuity of care after discharge from placement
with appropriate arrangements for housing, treatment, and
education.
(6) A procedure for protecting the confidentiality of all
personal family information disclosed during service coordination
meetings or contained in the comprehensive family service
coordination plan.
(7) A procedure for assessing the needs and strengths of any
child or family that has been referred to the council for service
coordination, including a child whose parent or custodian is
voluntarily seeking services, and for ensuring that parents and
custodians are afforded the opportunity to participate;
(8) A procedure for development of a family service
coordination plan described in division (D) of this section;
(9) A local dispute resolution process to serve as the
process that must be used first to resolve disputes among the
agencies represented on the county council concerning the
provision of services to children, including children who are
abused, neglected, dependent, unruly, alleged unruly, or
delinquent children and under the jurisdiction of the juvenile
court and children whose parents or custodians are voluntarily
seeking services. The local dispute resolution process shall
comply with sections 121.38, 121.381, and 121.382 of the Revised
Code. The local dispute resolution process shall be used to
resolve disputes between a child's parents or custodians and the
county council regarding service coordination. The county council
shall inform the parents or custodians of their right to use the
dispute resolution process. Parents or custodians shall use
existing local agency grievance procedures to address disputes not
involving service coordination. The dispute resolution process is
in addition to and does not replace other rights or procedures
that parents or custodians may have under other sections of the
Revised Code.
The cabinet council shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing an administrative
review process to address problems that arise concerning the
operation of a local dispute resolution process.
Nothing in division (C)(4) of this section shall be
interpreted as overriding or affecting decisions of a juvenile
court regarding an out-of-home placement, long-term placement, or
emergency out-of-home placement.
(D) Each county shall develop a family service coordination
plan that does all of the following:
(1) Designates service responsibilities among the various
state and local agencies that provide services to children and
their families, including children who are abused, neglected,
dependent, unruly, or delinquent children and under the
jurisdiction of the juvenile court and children whose parents or
custodians are voluntarily seeking services;
(2) Designates an individual, approved by the family, to
track the progress of the family service coordination plan,
schedule reviews as necessary, and facilitate the family service
coordination plan meeting process;
(3) Ensures that assistance and services to be provided are
responsive to the strengths and needs of the family, as well as
the family's culture, race, and ethnic group, by allowing the
family to offer information and suggestions and participate in
decisions. Identified assistance and services shall be provided in
the least restrictive environment possible.
(4) Includes a process for dealing with a child who is
alleged to be an unruly child. The process shall include methods
to divert the child from the juvenile court system;
(5) Includes timelines for completion of goals specified in
the plan with regular reviews scheduled to monitor progress toward
those goals;
(6) Includes a plan for dealing with short-term crisis
situations and safety concerns.
(E)(1) The process provided for under division (D)(4) of this
section may include, but is not limited to, the following:
(a) Designation of the person or agency to conduct the
assessment of the child and the child's family as described in
division (C)(7) of this section and designation of the instrument
or instruments to be used to conduct the assessment;
(b) An emphasis on the personal responsibilities of the child
and the parental responsibilities of the parents, guardian, or
custodian of the child;
(c) Involvement of local law enforcement agencies and
officials.
(2) The method to divert a child from the juvenile court
system that must be included in the service coordination process
may include, but is not limited to, the following:
(a) The preparation of a complaint under section 2151.27 of
the Revised Code alleging that the child is an unruly child and
notifying the child and the parents, guardian, or custodian that
the complaint has been prepared to encourage the child and the
parents, guardian, or custodian to comply with other methods to
divert the child from the juvenile court system;
(b) Conducting a meeting with the child, the parents,
guardian, or custodian, and other interested parties to determine
the appropriate methods to divert the child from the juvenile
court system;
(c) A method to provide to the child and the child's family a
short-term respite from a short-term crisis situation involving a
confrontation between the child and the parents, guardian, or
custodian;
(d) A program to provide a mentor to the child or the
parents, guardian, or custodian;
(e) A program to provide parenting education to the parents,
guardian, or custodian;
(f) An alternative school program for children who are truant
from school, repeatedly disruptive in school, or suspended or
expelled from school;
(g) Other appropriate measures, including, but not limited
to, any alternative methods to divert a child from the juvenile
court system that are identified by the Ohio family and children
first cabinet council.
(F) Each county may review and revise the service
coordination process described in division (D) of this section
based on the availability of funds under Title IV-A of the "Social
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,
or to the extent resources are available from any other federal,
state, or local funds.
Sec. 121.40. (A) There is hereby created the Ohio
community
commission on service council and volunteerism consisting of
twenty-one voting members including the superintendent of public
instruction or the superintendent's designee, the chancellor of
the Ohio board of regents or the chancellor's designee, the
director of youth services or the director's designee, the
director of aging or the director's designee, the chairperson of
the committee of the house of representatives dealing with
education or the chairperson's designee, the chairperson of the
committee of the senate dealing with education or the
chairperson's designee, and fifteen members who shall be appointed
by the governor with the advice and consent of the senate and who
shall serve terms of office of three years. The appointees shall
include educators, including teachers and administrators;
representatives of youth organizations; students and parents;
representatives of organizations engaged in volunteer program
development and management throughout the state, including youth
and conservation programs; and representatives of business,
government, nonprofit organizations, social service agencies,
veterans organizations, religious organizations, or philanthropies
that support or encourage volunteerism within the state. The
director of the governor's office of faith-based and community
initiatives shall serve as a nonvoting ex officio member of the
council commission. Members of the
council commission shall
receive no compensation, but shall be reimbursed for actual and
necessary expenses incurred in the performance of their official
duties.
(B) The council commission shall appoint an executive
director for the
council commission, who shall be in the
unclassified civil service. The governor shall be informed of the
appointment of an executive director before such an appointment is
made.
The executive director shall supervise the council's
commission's activities and report to the council commission on
the progress of those activities. The executive director shall do
all things necessary for the efficient and effective
implementation of the duties of the
council commission.
The responsibilities assigned to the executive director do
not relieve the members of the council commission from final
responsibility for the proper performance of the requirements of
this section.
(C) The council commission or its designee shall do all of
the following:
(1) Employ, promote, supervise, and remove all employees as
needed in connection with the performance of its duties under this
section and may assign duties to those employees as necessary to
achieve the most efficient performance of its functions, and to
that end may establish, change, or abolish positions, and assign
and reassign duties and responsibilities of any employee of the
council commission. Personnel employed by the
council commission
who are subject to Chapter 4117. of the Revised Code shall retain
all of their rights and benefits conferred pursuant to that
chapter. Nothing in this chapter shall be construed as eliminating
or interfering with Chapter 4117. of the Revised Code or the
rights and benefits conferred under that chapter to public
employees or to any bargaining unit.
(2) Maintain its office in Columbus, and may hold sessions at
any place within the state;
(3) Acquire facilities, equipment, and supplies necessary to
house the
council commission, its employees, and files and records
under its control, and to discharge any duty imposed upon it by
law. The expense of these acquisitions shall be audited and paid
for in the same manner as other state expenses. For that purpose,
the
council commission shall prepare and submit to the office of
budget and management a budget for each biennium according to
sections 101.532 and 107.03 of the Revised Code. The budget
submitted shall cover the costs of the council commission and its
staff in the discharge of any duty imposed upon the council
commission by law. The
council commission shall not delegate any
authority to obligate funds.
(4) Pay its own payroll and other operating expenses from
line items designated by the general assembly;
(5) Retain its fiduciary responsibility as appointing
authority. Any transaction instructions shall be certified by the
appointing authority or its designee.
(6) Establish the overall policy and management of the
council commission in accordance with this chapter;
(7) Assist in coordinating and preparing the state
application for funds under sections 101 to 184 of the "National
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42
U.S.C.A. 12411 to 12544, as amended, assist in administering and
overseeing the "National and Community Service Trust Act of 1993,"
P.L. 103-82, 107 Stat. 785, and the americorps program in this
state, and assist in developing objectives for a comprehensive
strategy to encourage and expand community service programs
throughout the state;
(8) Assist the state board of education, school districts,
the chancellor of the board of regents, and institutions of higher
education in coordinating community service education programs
through cooperative efforts between institutions and organizations
in the public and private sectors;
(9) Assist the departments of natural resources, youth
services, aging, and job and family services in coordinating
community service programs through cooperative efforts between
institutions and organizations in the public and private sectors;
(10) Suggest individuals and organizations that are available
to assist school districts, institutions of higher education, and
the departments of natural resources, youth services, aging, and
job and family services in the establishment of community service
programs and assist in investigating sources of funding for
implementing these programs;
(11) Assist in evaluating the state's efforts in providing
community service programs using standards and methods that are
consistent with any statewide objectives for these programs and
provide information to the state board of education, school
districts, the chancellor of the board of regents, institutions of
higher education, and the departments of natural resources, youth
services, aging, and job and family services to guide them in
making decisions about these programs;
(12) Assist the state board of education in complying with
section 3301.70 of the Revised Code and the chancellor of the
board of regents in complying with division (B)(2) of section
3333.043 of the Revised Code;
(13) Advise, assist, consult with, and cooperate with, by
contract or otherwise, agencies and political subdivisions of this
state in establishing a statewide system for volunteers pursuant
to section 121.404 of the Revised Code.
(D) The council commission shall in writing enter into an
agreement with another state agency to serve as the
council's
commission's fiscal agent. Before entering into such an agreement,
the council commission shall inform the governor of the terms of
the agreement and of the state agency designated to serve as the
council's commission's fiscal agent. The fiscal agent shall be
responsible for all the council's commission's fiscal matters and
financial transactions, as specified in the agreement. Services to
be provided by the fiscal agent include, but are not limited to,
the following:
(1) Preparing and processing payroll and other personnel
documents that the
council commission executes as the appointing
authority;
(2) Maintaining ledgers of accounts and reports of account
balances, and monitoring budgets and allotment plans in
consultation with the council commission; and
(3) Performing other routine support services that the fiscal
agent considers appropriate to achieve efficiency.
(E)(1) The council commission, in conjunction and
consultation with the fiscal agent, has the following authority
and responsibility relative to fiscal matters:
(a) Sole authority to draw funds for any and all federal
programs in which the council commission is authorized to
participate;
(b) Sole authority to expend funds from their accounts for
programs and any other necessary expenses the council commission
may incur and its subgrantees may incur; and
(c) Responsibility to cooperate with and inform the fiscal
agent fully of all financial transactions.
(2) The council commission shall follow all state
procurement, fiscal, human resources, statutory, and
administrative rule requirements.
(3) The fiscal agent shall determine fees to be charged to
the council commission, which shall be in proportion to the
services performed for the council commission.
(4) The council commission shall pay fees owed to the fiscal
agent from a general revenue fund of the council commission or
from any other fund from which the operating expenses of the
council commission are paid. Any amounts set aside for a fiscal
year for the payment of these fees shall be used only for the
services performed for the
council commission by the fiscal agent
in that fiscal year.
(F) The council commission may accept and administer grants
from any source, public or private, to carry out any of the
council's commission's functions this section establishes.
Sec. 121.401. (A) As used in this section and section
121.402 of the Revised Code, "organization or entity" and
"unsupervised access to a child" have the same meanings as in
section 109.574 of the Revised Code.
(B) The Ohio community commission on service council and
volunteerism shall adopt a set of "recommended best practices" for
organizations or entities to follow when one or more volunteers of
the organization or entity have unsupervised access to one or more
children or otherwise interact with one or more children. The
"recommended best practices" shall focus on, but shall not be
limited to, the issue of the safety of the children and, in
addition, the screening and supervision of volunteers. The
"recommended best practices" shall include as a recommended best
practice that the organization or entity subject to a criminal
records check performed by the bureau of criminal identification
and investigation pursuant to section 109.57, section 109.572, or
rules adopted under division (E) of section 109.57 of the Revised
Code, all of the following:
(1) All persons who apply to serve as a volunteer in a
position in which the person will have unsupervised access to a
child on a regular basis.
(2) All volunteers who are in a position in which the person
will have unsupervised access to a child on a regular basis and
who the organization or entity has not previously subjected to a
criminal records check performed by the bureau of criminal
identification and investigation.
(C) The set of "recommended best practices" required to be
adopted by this section are in addition to the educational program
required to be adopted under section 121.402 of the Revised Code.
Sec. 121.402. (A) The Ohio community commission on service
council and volunteerism shall establish and maintain an
educational program that does all of the following:
(1) Makes available to parents and guardians of children
notice about the provisions of sections 109.574 to 109.577,
section 121.401, and section 121.402 of the Revised Code and
information about how to keep children safe when they are under
the care, custody, or control of a person other than the parent or
guardian;
(2) Makes available to organizations and entities information
regarding the best methods of screening and supervising
volunteers, how to obtain a criminal records check of a volunteer,
confidentiality issues relating to reports of criminal records
checks, and record keeping regarding the reports;
(3) Makes available to volunteers information regarding the
possibility of being subjected to a criminal records check and
displaying appropriate behavior to minors;
(4) Makes available to children advice on personal safety and
information on what action to take if someone takes inappropriate
action towards a child.
(B) The program shall begin making the materials described in
this section available not later than March 22, 2002.
Sec. 121.403. (A) The Ohio community commission on service
council and volunteerism may do any of the following:
(1) Accept monetary gifts or donations;
(2) Sponsor conferences, meetings, or events in furtherance
of the council's commission's purpose described in section 121.40
of the Revised Code and charge fees for participation or
involvement in the conferences, meetings, or events;
(3) Sell promotional items in furtherance of the council's
commission's purpose described in section 121.40 of the Revised
Code.
(B) All monetary gifts and donations, funds from the sale of
promotional items, contributions received from the issuance of
Ohio "volunteer" license plates pursuant to section 4503.93 of the
Revised Code, and any fees paid to the council commission for
conferences, meetings, or events sponsored by the council
commission shall be deposited into the Ohio community commission
on service council and volunteerism gifts and donations fund,
which is hereby created in the state treasury. Moneys in the fund
may be used only as follows:
(1) To pay operating expenses of the council commission,
including payroll, personal services, maintenance, equipment, and
subsidy payments;
(2) To support council commission programs promoting
volunteerism and community service in the state;
(3) As matching funds for federal grants.
Sec. 121.404. (A) The Ohio community commission on service
council and volunteerism shall advise, assist, consult with, and
cooperate with agencies and political subdivisions of this state
to establish a statewide system for recruiting, registering,
training, and deploying the types of volunteers the council
commission considers advisable and reasonably necessary to respond
to an emergency declared by the state or political subdivision.
(B) A registered volunteer is not liable in damages to any
person or government entity in tort or other civil action,
including an action upon a medical, dental, chiropractic,
optometric, or other health-related claim or veterinary claim, for
injury, death, or loss to person or property that may arise from
an act or omission of that volunteer. This division applies to a
registered volunteer while providing services within the scope of
the volunteer's responsibilities during an emergency declared by
the state or political subdivision or in disaster-related
exercises, testing, or other training activities, if the
volunteer's act or omission does not constitute willful or wanton
misconduct.
(C) The Ohio community commission on service council and
volunteerism shall adopt rules pursuant to Chapter 119. of the
Revised Code to establish fees, procedures, standards, and
requirements the council commission considers necessary to carry
out the purposes of this section.
(D)(1) A registered volunteer's status as a volunteer, and
any information presented in summary, statistical, or aggregate
form that does not identify an individual, is a public record
pursuant to section 149.43 of the Revised Code.
(2) Information related to a registered volunteer's specific
and unique responsibilities, assignments, or deployment plans,
including but not limited to training, preparedness, readiness, or
organizational assignment, is a security record for purposes of
section 149.433 of the Revised Code.
(3) Information related to a registered volunteer's personal
information, including but not limited to contact information,
medical information, or information related to family members or
dependents, is not a public record pursuant to section 149.43 of
the Revised Code.
(E) As used in this section and section 121.40 of the Revised
Code:
(1) "Registered volunteer" means any individual registered as
a volunteer pursuant to procedures established under this section
and who serves without pay or other consideration, other than the
reasonable reimbursement or allowance for expenses actually
incurred or the provision of incidental benefits related to the
volunteer's service, such as meals, lodging, and childcare.
(2) "Political subdivision" means a county, township, or
municipal corporation in this state.
Sec. 122.085. As used in sections 122.085 to 122.0820 of the
Revised Code:
(A)(1) "Allowable costs" includes costs related to the
following:
(a) Acquisition of land and buildings;
(b) Building construction;
(c) Making improvements to land and buildings, including the
following:
(i) Expanding, reconstructing, rehabilitating, remodeling,
renovating, enlarging, modernizing, equipping, and furnishing
buildings and structures, including leasehold improvements;
(ii) Site preparation, including wetland mitigation.
(d) Planning or determining feasibility or practicability;
(e) Indemnity or surety bonds and premiums on insurance;
(f) Remediation, in compliance with state and federal
environmental protection laws, of environmentally contaminated
property on which hazardous substances exist under conditions that
have caused or would likely cause the property to be identified as
contaminated by the Ohio environmental protection agency or the
United States environmental protection agency;
(g) Infrastructure improvements, including the following:
(i) Demolition of buildings and other structures;
(ii) Installation or relocation of water, storm water and
sanitary sewer lines, water and waste water treatment facilities,
pump stations, and water storage mechanisms and other similar
equipment or facilities;
(iii) Construction of roads, bridges, traffic control
devices, and parking lots and facilities;
(iv) Construction of utility infrastructure such as natural
gas, electric, and telecommunications, including broadband and
hookups;
(v) Water and railway access improvements;
(vi) Costs of professional services.
(2) "Allowable costs" do not include administrative costs
assessed by or fees paid to the recipient of a grant.
(B) "District public works Local government integrating and
innovation committees" means those committees established under
section 164.04 of the Revised Code.
(C) "Eligible applicant" includes any political subdivision
or non-profit nonprofit economic development organization, and,
with prior approval of the director of development, private,
for-profit entities. "Eligible applicant" does not include public
or private institutions of higher education.
(D) "Eligible project" includes projects that, upon
completion, will be sites and facilities primarily intended for
commercial, industrial, or manufacturing use. "Eligible projects"
do not include sites and facilities intended primarily for
residential, retail, or government use.
(E) "Professional services" includes legal, environmental,
archeological, engineering, architectural, surveying, design, or
other similar services performed in conjunction with an eligible
project. "Professional services" also includes designs, plans,
specifications, surveys, estimates of costs, and other work
products.
Sec. 122.088. In order to be considered for a grant under
the annual competitive process, an eligible applicant shall fill
out an application provided by the department of development and
shall file it with the district public works local government
integrating and innovation committee with jurisdiction over the
area in which the eligible project is located.
Sec. 122.0810. (A) Each application for a grant pursuant to
the annual competitive process received by a district public works
local government integrating and innovation committee shall be
evaluated by the executive committee of the district committee. In
conducting the evaluation, the executive committee shall determine
whether the application for the proposed eligible project is
complete and whether the project meets the requirements of section
122.0815 of the Revised Code. If the application is complete and
the eligible project meets the requirements of section 122.0815 of
the Revised Code, the executive committee shall prioritize the
eligible project pursuant to section 122.0816 of the Revised Code
and pursuant to local priorities, as those priorities are
determined by the executive committee, with all other eligible
projects with complete applications that meet the requirements of
section 122.0815 of the Revised Code. If the application is
incomplete or the project does not meet the requirements of
section 122.0815 of the Revised Code, the executive committee
shall notify the applicant of the deficiencies and the period of
time the applicant has to correct the deficiencies and submit the
corrections to the executive committee. Failure to correct
deficiencies within the time designated by the executive committee
shall disqualify the project from consideration for a grant during
the annual competitive process for that year.
The executive committee, by the affirmative vote of a
majority of all its members, shall select up to three eligible
projects from the projects it has prioritized each year pursuant
to the annual competitive process. The executive committee shall
forward the applications and any accompanying information for each
of the selected eligible projects to the department of development
in the time and manner required by the rules governing the annual
competitive process for the job ready site program.
(B) For a district public works local government integrating
and innovation committee that does not have an executive
committee, the full committee shall perform the functions assigned
to the executive committee under section 122.0816 of the Revised
Code and division (A) of this section.
(C) An executive committee, or a district committee that does
not have an executive committee, may appoint a working group of
committee members and staff to perform the functions of those
committees as provided in this section.
Sec. 122.0816. The department of development and the
executive committees of district public works local government
integrating and innovation committees shall apply the following
factors to eligible projects under the annual competitive process
to determine a priority order for the eligible projects subject to
that process:
(A) The potential economic impact of the eligible project;
(B) The potential impact of the eligible project on economic
distress;
(C) The amount of local, federal, and private funding
available for the eligible project;
(D) The demonstrated need for the eligible project;
(E) The strength of the eligible project's marketing plan, if
appropriate;
(F) The level of financial need;
(G) Any other factor the director of development determines
should be considered.
Sec. 122.0819. The rules adopted to govern the annual
competitive process for the job ready site program may provide for
recovery of the costs, or a portion thereof, incurred by district
public works local government integrating and innovation
committees and executive committees in conducting their duties
under the program.
Sec. 122.171. (A) As used in this section:
(1) "Capital investment project" means a plan of investment
at a project site for the acquisition, construction, renovation,
or repair of buildings, machinery, or equipment, or for
capitalized costs of basic research and new product development
determined in accordance with generally accepted accounting
principles, but does not include any of the following:
(a) Payments made for the acquisition of personal property
through operating leases;
(b) Project costs paid before January 1, 2002;
(c) Payments made to a related member as defined in section
5733.042 of the Revised Code or to a consolidated elected taxpayer
or a combined taxpayer as defined in section 5751.01 of the
Revised Code.
(2) "Eligible business" means a taxpayer and its related
members with Ohio operations satisfying all of the following:
(a) The taxpayer employs at least five hundred full-time
equivalent employees or has an annual payroll of at least
thirty-five million dollars at the time the tax credit authority
grants the tax credit under this section;
(b) The taxpayer makes or causes to be made payments for the
capital investment project of either one of the following:
(i) If the taxpayer is engaged at the project site primarily
as a manufacturer, at least fifty million dollars in the aggregate
at the project site during a period of three consecutive calendar
years, including the calendar year that includes a day of the
taxpayer's taxable year or tax period with respect to which the
credit is granted;
(ii) If the taxpayer is engaged at the project site primarily
in significant corporate administrative functions, as defined by
the director of development by rule, at least twenty million
dollars in the aggregate at the project site during a period of
three consecutive calendar years including the calendar year that
includes a day of the taxpayer's taxable year or tax period with
respect to which the credit is granted;
(iii) If the taxpayer is applying to enter into an agreement
for a tax credit authorized under division (B)(3) of this section,
at least five million dollars in the aggregate at the project site
during a period of three consecutive calendar years, including the
calendar year that includes a day of the taxpayer's taxable year
or tax period with respect to which the credit is granted.
(c) The taxpayer had a capital investment project reviewed
and approved by the tax credit authority as provided in divisions
(C), (D), and (E) of this section.
(3) "Full-time equivalent employees" means the quotient
obtained by dividing the total number of hours for which employees
were compensated for employment in the project by two thousand
eighty. "Full-time equivalent employees" shall exclude hours that
are counted for a credit under section 122.17 of the Revised Code.
(4) "Income tax revenue" means the total amount withheld
under section 5747.06 of the Revised Code by the taxpayer during
the taxable year, or during the calendar year that includes the
tax period, from the compensation of all employees employed in the
project whose hours of compensation are included in calculating
the number of full-time equivalent employees.
(5) "Manufacturer" has the same meaning as in section
5739.011 of the Revised Code.
(6) "Project site" means an integrated complex of facilities
in this state, as specified by the tax credit authority under this
section, within a fifteen-mile radius where a taxpayer is
primarily operating as an eligible business.
(7) "Related member" has the same meaning as in section
5733.042 of the Revised Code as that section existed on the
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd
general assembly, September 29, 1997.
(8) "Taxable year" includes, in the case of a domestic or
foreign insurance company, the calendar year ending on the
thirty-first day of December preceding the day the superintendent
of insurance is required to certify to the treasurer of state
under section 5725.20 or 5729.05 of the Revised Code the amount of
taxes due from insurance companies.
(B) The tax credit authority created under section 122.17 of
the Revised Code may grant tax credits under this section for the
purpose of fostering job retention in this state. Upon application
by an eligible business and upon consideration of the
recommendation of the director of budget and management, tax
commissioner, the superintendent of insurance in the case of an
insurance company, and director of development under division (C)
of this section, the tax credit authority may grant the following
credits against the tax imposed by section 5725.18, 5729.03,
5733.06, 5747.02, or 5751.02 of the Revised Code:
(1) A nonrefundable credit to an eligible business;
(2) A refundable credit to an eligible business meeting the
following conditions, provided that the director of budget and
management, tax commissioner, superintendent of insurance in the
case of an insurance company, and director of development have
recommended the granting of the credit to the tax credit authority
before July 1, 2011:
(a) The business retains at least one thousand full-time
equivalent employees at the project site.
(b) The business makes or causes to be made payments for a
capital investment project of at least twenty-five million dollars
in the aggregate at the project site during a period of three
consecutive calendar years, including the calendar year that
includes a day of the business' taxable year or tax period with
respect to which the credit is granted.
(c) In 2010, the business received a written offer of
financial incentives from another state of the United States that
the director determines to be sufficient inducement for the
business to relocate the business' operations from this state to
that state.
(3) A refundable credit to an eligible business with a total
annual payroll of at least twenty million dollars, provided that
the tax credit authority grants the tax credit on or after July 1,
2011, and before January 1, 2014.
The credits authorized in divisions (B)(1) and, (2), and (3)
of this section may be granted for a period up to fifteen taxable
years or, in the case of the tax levied by section 5751.02 of the
Revised Code, for a period of up to fifteen calendar years. The
credit amount for a taxable year or a calendar year that includes
the tax period for which a credit may be claimed equals the income
tax revenue for that year multiplied by the percentage specified
in the agreement with the tax credit authority. The percentage may
not exceed seventy-five per cent. The credit shall be claimed in
the order required under section 5725.98, 5729.98, 5733.98,
5747.98, or 5751.98 of the Revised Code. In determining the
percentage and term of the credit, the tax credit authority shall
consider both the number of full-time equivalent employees and the
value of the capital investment project. The credit amount may not
be based on the income tax revenue for a calendar year before the
calendar year in which the tax credit authority specifies the tax
credit is to begin, and the credit shall be claimed only for the
taxable years or tax periods specified in the eligible business'
agreement with the tax credit authority. In no event shall the
credit be claimed for a taxable year or tax period terminating
before the date specified in the agreement. Any credit granted
under this section against the tax imposed by section 5733.06 or
5747.02 of the Revised Code, to the extent not fully utilized
against such tax for taxable years ending prior to 2008, shall
automatically be converted without any action taken by the tax
credit authority to a credit against the tax levied under Chapter
5751. of the Revised Code for tax periods beginning on or after
July 1, 2008, provided that the person to whom the credit was
granted is subject to such tax. The converted credit shall apply
to those calendar years in which the remaining taxable years
specified in the agreement end.
If a nonrefundable credit allowed under division (B)(1) of
this section for a taxable year or tax period exceeds the
taxpayer's tax liability for that year or period, the excess may
be carried forward for the three succeeding taxable or calendar
years, but the amount of any excess credit allowed in any taxable
year or tax period shall be deducted from the balance carried
forward to the succeeding year or period.
(C) A taxpayer that proposes a capital investment project to
retain jobs in this state may apply to the tax credit authority to
enter into an agreement for a tax credit under this section. The
director of development shall prescribe the form of the
application. After receipt of an application, the authority shall
forward copies of the application to the director of budget and
management, the tax commissioner, the superintendent of insurance
in the case of an insurance company, and the director of
development, each of whom shall review the application to
determine the economic impact the proposed project would have on
the state and the affected political subdivisions and shall submit
a summary of their determinations and recommendations to the
authority.
(D) Upon review and consideration of the determinations and
recommendations described in division (C) of this section, the tax
credit authority may enter into an agreement with the taxpayer for
a credit under this section if the authority determines all of the
following:
(1) The taxpayer's capital investment project will result in
the retention of employment in this state.
(2) The taxpayer is economically sound and has the ability to
complete the proposed capital investment project.
(3) The taxpayer intends to and has the ability to maintain
operations at the project site for at least the greater of (a) the
term of the credit plus three years, or (b) seven years.
(4) Receiving the credit is a major factor in the taxpayer's
decision to begin, continue with, or complete the project.
(5) If the taxpayer is applying to enter into an agreement
for a tax credit authorized under division (B)(3) of this section,
the taxpayer's capital investment project will be located in the
political subdivision in which the taxpayer maintains its
principal place of business.
(E) An agreement under this section shall include all of the
following:
(1) A detailed description of the project that is the subject
of the agreement, including the amount of the investment, the
period over which the investment has been or is being made, the
number of full-time equivalent employees at the project site, and
the anticipated income tax revenue to be generated.
(2) The term of the credit, the percentage of the tax credit,
the maximum annual value of tax credits that may be allowed each
year, and the first year for which the credit may be claimed.
(3) A requirement that the taxpayer maintain operations at
the project site for at least the greater of (a) the term of the
credit plus three years, or (b) seven years.
(4) A requirement that the taxpayer retain a specified number
of full-time equivalent employees at the project site and within
this state for the term of the credit, including a requirement
that the taxpayer continue to employ at least five hundred
full-time equivalent employees during the entire term of the
agreement in the case of a credit granted under division (B)(1) of
this section, and one thousand full-time equivalent employees in
the case of a credit granted under division (B)(2) of this section
(a) In the case of a credit granted under division (B)(1) of this
section, a requirement that the taxpayer retain at least five
hundred full-time equivalent employees at the project site and
within this state for the entire term of the credit, or a
requirement that the taxpayer maintain an annual payroll of at
least thirty-five million dollars for the entire term of the
credit;
(b) In the case of a credit granted under division (B)(2) of
this section, a requirement that the taxpayer retain at least one
thousand full-time equivalent employees at the project site and
within this state for the entire term of the credit;
(c) In the case of a credit granted under division (B)(3) of
this section, a requirement that the taxpayer maintain an annual
payroll of at least twenty million dollars for the entire term of
the credit and either of the following:
(i) A requirement that the taxpayer retain at least five
hundred full-time equivalent employees at the project site and
within this state for the entire term of the credit;
(ii) A requirement that the taxpayer maintain an annual
payroll of at least thirty-five million dollars for the entire
term of the credit.
(5) A requirement that the taxpayer annually report to the
director of development employment, tax withholding, capital
investment, and other information the director needs to perform
the director's duties under this section.
(6) A requirement that the director of development annually
review the annual reports of the taxpayer to verify the
information reported under division (E)(5) of this section and
compliance with the agreement. Upon verification, the director
shall issue a certificate to the taxpayer stating that the
information has been verified and identifying the amount of the
credit for the taxable year or calendar year that includes the tax
period. In determining the number of full-time equivalent
employees, no position shall be counted that is filled by an
employee who is included in the calculation of a tax credit under
section 122.17 of the Revised Code.
(7) A provision providing that the taxpayer may not relocate
a substantial number of employment positions from elsewhere in
this state to the project site unless the director of development
determines that the taxpayer notified the legislative authority of
the county, township, or municipal corporation from which the
employment positions would be relocated.
For purposes of this section, the movement of an employment
position from one political subdivision to another political
subdivision shall be considered a relocation of an employment
position unless the movement is confined to the project site. The
transfer of an employment position from one political subdivision
to another political subdivision shall not be considered a
relocation of an employment position if the employment position in
the first political subdivision is replaced by another employment
position.
(8) A waiver by the taxpayer of any limitations periods
relating to assessments or adjustments resulting from the
taxpayer's failure to comply with the agreement.
(F) If a taxpayer fails to meet or comply with any condition
or requirement set forth in a tax credit agreement, the tax credit
authority may amend the agreement to reduce the percentage or term
of the credit. The reduction of the percentage or term may take
effect in the current taxable or calendar year.
(G) Financial statements and other information submitted to
the department of development or the tax credit authority by an
applicant for or recipient of a tax credit under this section, and
any information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of
the Revised Code. However, the chairperson of the authority may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credit agreements under this section. Upon the
request of the tax commissioner, or the superintendent of
insurance in the case of an insurance company, the chairperson of
the authority shall provide to the commissioner or superintendent
any statement or other information submitted by an applicant for
or recipient of a tax credit in connection with the credit. The
commissioner or superintendent shall preserve the confidentiality
of the statement or other information.
(H) A taxpayer claiming a tax credit under this section shall
submit to the tax commissioner or, in the case of an insurance
company, to the superintendent of insurance, a copy of the
director of development's certificate of verification under
division (E)(6) of this section with the taxpayer's tax report or
return for the taxable year or for the calendar year that includes
the tax period. Failure to submit a copy of the certificate with
the report or return does not invalidate a claim for a credit if
the taxpayer submits a copy of the certificate to the commissioner
or superintendent within sixty days after the commissioner or
superintendent requests it.
(I) For the purposes of this section, a taxpayer may include
a partnership, a corporation that has made an election under
subchapter S of chapter one of subtitle A of the Internal Revenue
Code, or any other business entity through which income flows as a
distributive share to its owners. A partnership, S-corporation, or
other such business entity may elect to pass the credit received
under this section through to the persons to whom the income or
profit of the partnership, S-corporation, or other entity is
distributed. The election shall be made on the annual report
required under division (E)(5) of this section. The election
applies to and is irrevocable for the credit for which the report
is submitted. If the election is made, the credit shall be
apportioned among those persons in the same proportions as those
in which the income or profit is distributed.
(J) If the director of development determines that a taxpayer
that received a tax credit under this section is not complying
with the requirement under division (E)(3) of this section, the
director shall notify the tax credit authority of the
noncompliance. After receiving such a notice, and after giving the
taxpayer an opportunity to explain the noncompliance, the
authority may terminate the agreement and require the taxpayer to
refund to the state all or a portion of the credit claimed in
previous years, as follows:
(1) If the taxpayer maintained operations at the project site
for less than or equal to the term of the credit, an amount not to
exceed one hundred per cent of the sum of any tax credits allowed
and received under this section.
(2) If the taxpayer maintained operations at the project site
longer than the term of the credit, but less than the greater of
(a) the term of the credit plus three years, or (b) seven years,
the amount required to be refunded shall not exceed seventy-five
per cent of the sum of any tax credits allowed and received under
this section.
In determining the portion of the credit to be refunded to
this state, the authority shall consider the effect of market
conditions on the taxpayer's project and whether the taxpayer
continues to maintain other operations in this state. After making
the determination, the authority shall certify the amount to be
refunded to the tax commissioner or the superintendent of
insurance. If the taxpayer is not an insurance company, the
commissioner shall make an assessment for that amount against the
taxpayer under Chapter 5733., 5747., or 5751. of the Revised Code.
If the taxpayer is an insurance company, the superintendent of
insurance shall make an assessment under section 5725.222 or
5729.102 of the Revised Code. The time limitations on assessments
under those chapters and sections do not apply to an assessment
under this division, but the commissioner or superintendent shall
make the assessment within one year after the date the authority
certifies to the commissioner or superintendent the amount to be
refunded.
(K) The director of development, after consultation with the
tax commissioner and the superintendent of insurance and in
accordance with Chapter 119. of the Revised Code, shall adopt
rules necessary to implement this section. The rules may provide
for recipients of tax credits under this section to be charged
fees to cover administrative costs of the tax credit program. The
fees collected shall be credited to the tax incentive programs
operating fund created in section 122.174 of the Revised Code. At
the time the director gives public notice under division (A) of
section 119.03 of the Revised Code of the adoption of the rules,
the director shall submit copies of the proposed rules to the
chairpersons of the standing committees on economic development in
the senate and the house of representatives.
(L) On or before the first day of August of each year, the
director of development shall submit a report to the governor, the
president of the senate, and the speaker of the house of
representatives on the tax credit program under this section. The
report shall include information on the number of agreements that
were entered into under this section during the preceding calendar
year, a description of the project that is the subject of each
such agreement, and an update on the status of projects under
agreements entered into before the preceding calendar year.
(M)(1) The aggregate amount of tax credits issued under
division (B)(1) of this section during any calendar year for
capital investment projects reviewed and approved by the tax
credit authority may not exceed the following amounts:
(a) For 2010, thirteen million dollars;
(b) For 2011 through 2023, the amount of the limit for the
preceding calendar year plus thirteen million dollars;
(c) For 2024 and each year thereafter, one hundred
ninety-five million dollars.
(2) The aggregate amount of tax credits issued authorized
under division divisions (B)(2) and (3) of this section during and
allowed to be claimed by taxpayers in any calendar year for
capital improvement projects reviewed and approved by the tax
credit authority may not exceed eight million dollars in 2011,
2012, and 2013 combined shall not exceed twenty-five million
dollars. An amount equal to the aggregate amount of credits first
authorized in calendar year 2011, 2012, and 2013 may be claimed
annually for up to fifteen years, subject to the terms of
individual tax credit agreements.
The limitations in division (M) of this section do not apply
to credits for capital investment projects approved by the tax
credit authority before July 1, 2009.
Sec. 122.65. As used in sections 122.65 to 122.659 of the
Revised Code:
(A) "Applicable cleanup standards" means either of the
following:
(1) For property to which Chapter 3734. of the Revised Code
and rules adopted under it apply, the requirements for closure or
corrective action established in rules adopted under section
3734.12 of the Revised Code;
(2) For property to which Chapter 3746. of the Revised Code
and rules adopted under it apply, the cleanup standards that are
established in rules adopted under section 3746.04 of the Revised
Code.
(B) "Applicant" means a county, township, municipal
corporation, port authority, or conservancy district or a park
district, other similar park authority, nonprofit organization, or
organization for profit that has entered into an agreement with a
county, township, municipal corporation, port authority, or
conservancy district to work in conjunction with that county,
township, municipal corporation, port authority, or conservancy
district for the purposes of sections 122.65 to 122.658 of the
Revised Code.
(C) "Assessment" means a phase I and phase II property
assessment conducted in accordance with section 3746.04 of the
Revised Code and rules adopted under that section.
(D) "Brownfield" means an abandoned, idled, or under-used
industrial, commercial, or institutional property where expansion
or redevelopment is complicated by known or potential releases of
hazardous substances or petroleum.
(E) "Certified professional," "hazardous substance,"
"petroleum," and "release" have the same meanings as in section
3746.01 of the Revised Code.
(F) "Cleanup or remediation" means any action to contain,
remove, or dispose of hazardous substances or petroleum at a
brownfield. "Cleanup or remediation" includes the acquisition of a
brownfield, demolition performed at a brownfield, and the
installation or upgrade of the minimum amount of infrastructure
that is necessary to make a brownfield operational for economic
development activity.
(G) "Distressed area" means either a municipal corporation
with a population of at least fifty thousand or a county that
meets any two of the following criteria:
(1) Its average rate of unemployment, during the most recent
five-year period for which data are available, is equal to at
least one hundred twenty-five per cent of the average rate of
unemployment for the United States for the same period.
(2) It has a per capita income equal to or below eighty per
cent of the median county per capita income of the United States
as determined by the most recently available figures from the
United States census bureau.
(3)(a) In the case of a municipal corporation, at least
twenty per cent of the residents have a total income for the most
recent census year that is below the official poverty line.
(b) In the case of a county, in intercensal years, the county
has a ratio of transfer payment income to total county income
equal to or greater than twenty-five per cent.
"Distressed area" includes a municipal corporation the
majority of the population of which is situated in a county that
is a distressed area.
(H) "Eligible area" means a distressed area, an inner city
area, a labor surplus area, or a situational distress area.
(I) "Inner city area" means an area in a municipal
corporation that has a population of at least one hundred
thousand, is not a labor surplus area, and is a targeted
investment area established by the municipal corporation that is
comprised of block tracts identified in the most recently
available figures from the United States census bureau in which at
least twenty per cent of the population in the area is at or below
the official poverty line or of contiguous block tracts meeting
those criteria.
(J) "Institutional property" means property currently or
formerly owned or controlled by the state that is or was used for
a public or charitable purpose. However, "institutional property"
does not mean property that is or was used for educational
purposes.
(K) "Integrating and innovation committee" means a district
public works
local government integrating and innovation committee
established under section 164.04 of the Revised Code.
(L) "Labor surplus area" means an area designated as a labor
surplus area by the United States department of labor.
(M) "Loan" includes credit enhancement.
(N) "No further action letter" means a letter that is
prepared by a certified professional when, on the basis of the
best knowledge, information, and belief of the certified
professional, the certified professional concludes that the
cleanup or remediation of a brownfield meets the applicable
cleanup standards and that contains all of the information
specified in rules adopted under division (B)(7) of section
3746.04 of the Revised Code.
(O) "Nonprofit organization" means a corporation,
association, group, institution, society, or other organization
that is exempt from federal income taxation under section
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085,
26 U.S.C. 501(c)(3), as amended.
(P) "Property" means any parcel of real property, or portion
of such a parcel, and any improvements to it.
(Q) "Public health project" means the cleanup or remediation
of a release or threatened release of hazardous substances or
petroleum at a property where little or no economic redevelopment
potential exists.
(R) "Official poverty line" has the same meaning as in
section 3923.51 of the Revised Code.
(S) "Situational distress area" means a county or a municipal
corporation that has experienced or is experiencing a closing or
downsizing of a major employer that will adversely affect the
county or municipal corporation's economy and that has applied to
the director of development to be designated as a situational
distress area for not more than thirty months by demonstrating all
of the following:
(1) The number of jobs lost by the closing or downsizing;
(2) The impact that the job loss has on the county or
municipal corporation's unemployment rate as measured by the
director of job and family services;
(3) The annual payroll associated with the job loss;
(4) The amount of state and local taxes associated with the
job loss;
(5) The impact that the closing or downsizing has on
suppliers located in the county or municipal corporation.
Sec. 122.652. (A)(1) An applicant seeking a grant or loan for
a brownfield cleanup or remediation project from the clean Ohio
revitalization fund created in section 122.658 of the Revised Code
shall request an application form from the appropriate integrating
and innovation committee with geographical jurisdiction over the
project for which a grant or loan is sought. The applicant shall
complete the application and include all of the information
required by sections 122.65 to 122.658 of the Revised Code and
policies and requirements established under section 122.657 of the
Revised Code.
(2) In addition to the information that is required to be
included in the application under division (A)(1) of this section,
an applicant shall include an affidavit signed by the authorized
representative of the applicant certifying that the applicant did
not cause or contribute to the release of hazardous substances or
petroleum at the brownfield that is the subject of the
application.
No person shall submit a false affidavit under division
(A)(2) of this section.
(3) After completion of the application, but prior to the
submission of the application to the integrating and innovation
committee under division (B) of this section, the applicant shall
conduct a public meeting concerning the application and the
proposed cleanup or remediation. Not later than forty-five days
prior to conducting the public meeting, the applicant shall
provide notice of the date, time, and location of the public
meeting in a newspaper of general circulation in the county in
which the property that is the subject of the application is
located. In addition, not later than forty-five days prior to the
hearing, the applicant shall post notice of the date, time, and
location of the public meeting at the property on a sign that
measures not less than four feet by four feet or, if the political
subdivision in which the sign is to be posted prohibits a sign of
that size, the maximum size of sign permitted by that political
subdivision.
In addition, not later than forty-five days prior to the
public meeting, the applicant shall provide a copy of the
application to a public library in the vicinity of the property
for public review. The submission of the application and the
location of the public library shall be included in the notice
required under this division. The general public may submit
comments to the applicant concerning the application prior to and
at the public meeting.
(B) An applicant shall submit a completed application, all
required information, and an application summary to the
appropriate integrating and innovation committee. Based on a
review of the application summaries submitted to it, an
integrating and innovation committee or, if required under
division (C) of this section, the executive committee of the
integrating and innovation committee shall prioritize all
applications in accordance with criteria and procedures
established pursuant to section 122.657 of the Revised Code. The
integrating and innovation committee shall choose not more than
six applications annually that it determines merit funding and
shall forward those applications and all accompanying information
to the clean Ohio council. In prioritizing and choosing
applications under this division, an integrating and innovation
committee or, if required under division (C) of this section, the
executive committee of the integrating
and innovation committee
shall consult with local and regional economic development
agencies or resources, community development agencies or
organizations, local business organizations, and other appropriate
entities located or operating in the geographic jurisdiction of
the integrating and innovation committee.
Notwithstanding this division or division (C) of this
section, if an integrating and innovation committee receives only
one application in any given year, the chair of the integrating
and innovation committee or, if required under division (C) of
this section, the chair of the executive committee of the
integrating and innovation committee may forward that application
to the clean Ohio council as the district's top priority project
for that year without a vote of the full integrating and
innovation committee or executive committee, as applicable.
However, the chair of the integrating and innovation committee or
chair of the executive committee, as applicable, shall provide
written notice of the chair's intent to forward the application to
each member of the integrating and innovation committee or
executive committee, as applicable, not later than fiftenn fifteen
days prior to forwarding the application.
(C) For purposes of division (B) of this section, all
decisions of an integrating and innovation committee that is
required to be organized in accordance with division (A)(5) or (6)
of section 164.04 of the Revised Code shall be approved by its
executive committee that is required to be established under
division (A)(7) or (8) of that section. The affirmative vote of at
least seven members of an executive committee established under
division (A)(7) of section 164.04 of the Revised Code, or of at
least nine members of an executive committee established under
division (A)(8) of that section, is required for any action taken
by an executive committee for purposes of division (B) of this
section. A decision of an executive committee may be rejected by a
vote of at least two-thirds of the full membership of the
applicable integrating and innovation committee not later than
thirty days after the executive committee action. If an executive
committee is required under this division to prioritize
applications under division (B) of this section, only applications
that are approved by the executive committee may be submitted to
the clean Ohio council for purposes of sections 122.65 to 122.659
of the Revised Code.
(D) The clean Ohio council shall supply application forms to
each integrating and innovation committee.
Sec. 122.653. (A) Upon receipt of an application from an
integrating and innovation committee, the clean Ohio council shall
examine the application and all accompanying information to
determine if the application is complete. If the council
determines that the application is not complete, the council
immediately shall notify the applicant that the application is not
complete, provide a description of the information that is missing
from the application, and return the application and all
accompanying information to the applicant. The applicant may
resubmit the application directly to the council.
(B) The council shall approve or disapprove in writing
applications submitted to it by integrating and innovation
committees or executive committees of integrating and innovation
committees for grants or loans from the clean Ohio revitalization
fund. The council shall not approve a project that fails to comply
with the requirements established in sections 122.65 to 122.658 of
the Revised Code and policies and requirements established under
section 122.657 of the Revised Code. The council also shall not
approve a project if the applicant caused or contributed to the
contamination at the property. In approving or disapproving
applications, the council shall use the selection process
established in policies and requirements established under section
122.657 of the Revised Code.
(C) If the council approves an application under this
section, the council shall enter into an agreement with the
applicant to award a grant or make a loan for the applicant's
brownfield cleanup or remediation project. The agreement shall be
executed prior to the payment or disbursement of any funds
approved by the council under this section. The agreement shall
contain, at a minimum, all of the following:
(1) The designation of a single officer or employee of the
applicant who will serve as project manager;
(2) Procedures for the payment or disbursement of funds from
the grant or loan to the applicant;
(3) A designation of the percentage of the estimated total
cost of the project for which the grant or loan will provide
funding, which shall not exceed seventy-five per cent of that cost
as provided in section 122.658 of the Revised Code;
(4) A description of the manner by which the applicant will
provide the remainder of the estimated total cost of the project,
which shall equal at least twenty-five per cent of that cost as
provided in section 122.658 of the Revised Code;
(5) An assurance that the applicant will clean up or
remediate the brownfield to the applicable cleanup standards;
(6) A provision for the reimbursement of grant moneys or
immediate repayment of the loan, as applicable, if the completed
project does not comply with the applicable cleanup standards;
(7) Any other provisions that the council considers necessary
in order to ensure that the project's implementation will comply
with the requirements established in sections 122.65 to 122.658 of
the Revised Code and policies and requirements established under
section 122.657 of the Revised Code.
(D) If the council executes an agreement under this section,
the council shall forward a copy of the agreement to the
department of development for the purposes of section 122.658 of
the Revised Code.
(E) A grant may be awarded or a loan may be made for a
project under this section to an applicant to pay the costs of
cleanup or remediation of a brownfield in order to comply with
applicable cleanup standards.
Sec. 122.657. For the purposes of sections 122.65 to 122.658
of the Revised Code, the director of development shall establish
policies and requirements regarding all of the following:
(A) The form and content of applications for grants or loans
from the clean Ohio revitalization fund under section 122.652 of
the Revised Code. The policies and requirements shall require that
each application include, at a minimum, all of the following:
(1) The name, address, and telephone number of the applicant;
(2) The legal description of the property for which the grant
or loan is requested;
(3) A summary description of the hazardous substances or
petroleum present at the brownfield and a certified copy of the
results of an assessment;
(4) A detailed explanation of the proposed cleanup or
remediation of the brownfield, including an identification of the
applicable cleanup standards, and a detailed description of the
proposed use of the brownfield after completion of the cleanup or
remediation;
(5) An estimate of the total cost to clean up or remediate
the brownfield in order to comply with the applicable cleanup
standards. The total cost shall include the cost of employing a
certified professional under section 122.654 of the Revised Code.
(6) A detailed explanation of the portion of the estimated
total cost of the cleanup or remediation of the brownfield that
the applicant proposes to provide as required under sections
122.653 and 122.658 of the Revised Code and financial records
supporting the proposal;
(7) A certified copy of a resolution or ordinance approving
the project that the applicant shall obtain from the board of
township trustees of the township or the legislative authority of
the municipal corporation in which the property is located,
whichever is applicable;
(8) A description of the estimated economic benefit that will
result from a cleanup or remediation of the brownfield;
(9) An application summary for purposes of review by an
integrating and innovation committee or, if applicable, the
executive committee of an integrating and innovation committee
under division (B) of section 122.652 of the Revised Code;
(10) With respect to applications for loans, information
demonstrating that the applicant will implement a financial
management plan that includes, without limitation, provisions for
the satisfactory repayment of the loan;
(11) Any other provisions that the director determines should
be included in an application.
(B) Procedures for conducting public meetings and providing
public notice under division (A) of section 122.652 of the Revised
Code;
(C) Criteria to be used by integrating and innovation
committees or, if required under division (C) of section 122.652
of the Revised Code, executive committees of integrating and
innovation committees when prioritizing projects under division
(B) of section 122.652 of the Revised Code. The policies and
requirements also shall establish procedures that integrating and
innovation committees or, if required under division (C) of
section 122.652 of the Revised Code, executive committees of
integrating and innovation committees shall use in applying the
criteria.
(D) A selection process that provides for the prioritization
of brownfield cleanup or remediation projects for which grant or
loan applications are submitted under section 122.652 of the
Revised Code. The policies and requirements shall require the
selection process to give priority to projects in which the
post-cleanup or remediation use will be for a combination of
residential, commercial, or industrial purposes, which may include
the conversion of a portion of a brownfield to a recreation, park,
or natural area that is integrated with the residential,
commercial, or industrial use of the brownfield after cleanup or
remediation, or will incorporate projects that are funded by
grants awarded under sections 164.20 to 164.27 of the Revised
Code. The policies and requirements shall require the selection
process to incorporate and emphasize all of the following factors:
(1) The potential economic benefit that will result from the
cleanup or remediation of a brownfield;
(2) The potential environmental improvement that will result
from the cleanup or remediation of a brownfield;
(3) The amount and nature of the match provided by an
applicant as required under sections 122.653 and 122.658 of the
Revised Code;
(4) Funding priorities recommended by integrating and
innovation committees or, if required under division (C) of
section 122.652 of the Revised Code, executive committees of
integrating and innovation committees under division (B) of
section 122.652 of the Revised Code;
(5) The potential benefit to low-income communities,
including minority communities, that will result from the cleanup
or remediation of a brownfield;
(6) Any other factors that the director considers
appropriate.
(E) The development of criteria that the director shall use
when awarding grants under section 122.656 of the Revised Code.
The criteria shall give priority to public health projects. In
addition, the director, in consultation with the director of
environmental protection, shall establish policies and
requirements that require the criteria to include a public health
project selection process that incorporates and emphasizes all of
the following factors:
(1) The potential environmental improvement that will result
from the cleanup or remediation;
(2) The ability of an applicant to access the property for
purposes of the cleanup or remediation;
(3) The name and qualifications of the cleanup or remediation
contractor;
(4) Any other factors that the director of development
considers appropriate.
The director of development may develop any other policies
and requirements that the director determines are necessary for
the administration of section 122.656 of the Revised Code.
(F) The development of a brownfield cleanup and remediation
oversight program to ensure compliance with sections 122.65 to
122.658 of the Revised Code and policies and requirements
established under this section. The policies and requirements
shall require the program to include, at a minimum, both of the
following:
(1) Procedures for the accounting of invoices and receipts
and any other documents that are necessary to demonstrate that a
cleanup or remediation was properly performed;
(2) Procedures that are necessary to provide a detailed
explanation of the status of the property five years after the
completed cleanup or remediation.
(G) A delineation of what constitutes administrative costs
for purposes of divisions (D) and (F) of section 122.658 of the
Revised Code;
(H) Procedures and requirements for making loans and loan
agreements that include at least all of the following:
(1) Not more than fifteen per cent of moneys annually
allocated to the clean Ohio revitalization fund shall be used for
loans.
(2) The loans shall be made at or below market rates of
interest, including, without limitation, interest-free loans.
(3) The recipient of a loan shall identify a source of
security and a source of repayment of the loan.
(4) All payments of principal and interest on a loan shall be
deposited in the state treasury and credited to the clean Ohio
revitalization revolving loan fund.
(5) The clean Ohio council may accept notes and other forms
of obligation to evidence indebtedness, accept mortgages, liens,
pledges, assignments, and other security interests to secure such
indebtedness, and take any actions that are considered by the
council to be appropriate to protect such security and safeguard
against losses, including, without limitation, foreclosure and
bidding on the purchase of property upon foreclosure or other
sale.
(I) Any other policies and requirements that the director
determines are necessary for the administration of sections 122.65
to 122.658 of the Revised Code.
Sec. 122.76. (A) The director of development, with
controlling board approval, may lend funds to minority business
enterprises and to community improvement corporations, Ohio
development corporations, minority contractors business assistance
organizations, and minority business supplier development councils
for the purpose of loaning funds to minority business enterprises
and for the purpose of procuring or improving real or personal
property, or both, for the establishment, location, or expansion
of industrial, distribution, commercial, or research facilities in
the state, and to community development corporations that
predominantly benefit minority business enterprises or are located
in a census tract that has a population that is sixty per cent or
more minority if the director determines, in the director's sole
discretion, that all of the following apply:
(1) The project is economically sound and will benefit the
people of the state by increasing opportunities for employment, by
strengthening the economy of the state, or expanding minority
business enterprises.
(2) The proposed minority business enterprise borrower is
unable to finance the proposed project through ordinary financial
channels at comparable terms.
(3) The value of the project is or, upon completion, will be
at least equal to the total amount of the money expended in the
procurement or improvement of the project, and one or more
financial institutions or other governmental entities have loaned
not less than thirty per cent of that amount.
(4) The amount to be loaned by the director will not exceed
sixty per cent of the total amount expended in the procurement or
improvement of the project.
(5) The amount to be loaned by the director will be
adequately secured by a first or second mortgage upon the project
or by mortgages, leases, liens, assignments, or pledges on or of
other property or contracts as the director requires, and such
mortgage will not be subordinate to any other liens or mortgages
except the liens securing loans or investments made by financial
institutions referred to in division (A)(3) of this section, and
the liens securing loans previously made by any financial
institution in connection with the procurement or expansion of all
or part of a project.
(B) Any proposed minority business enterprise borrower
submitting an application for assistance under this section shall
not have defaulted on a previous loan from the director, and no
full or limited partner, major shareholder, or holder of an equity
interest of the proposed minority business enterprise borrower
shall have defaulted on a loan from the director.
(C) The proposed minority business enterprise borrower shall
demonstrate to the satisfaction of the director that it is able to
successfully compete in the private sector if it obtains the
necessary financial, technical, or managerial support and that
support is available through the director, the minority business
development office of the department of development, or other
identified and acceptable sources. In determining whether a
minority business enterprise borrower will be able to successfully
compete, the director may give consideration to such factors as
the successful completion of or participation in courses of study,
recognized by the board of regents as providing financial,
technical, or managerial skills related to the operation of the
business, by the economically disadvantaged individual, owner, or
partner, and the prior success of the individual, owner, or
partner in personal, career, or business activities, as well as to
other factors identified by the director.
(D) The director shall not lend funds for the purpose of
procuring or improving motor vehicles or accounts receivable.
Sec. 123.011. (A) As used in this section:
(1) "Construct" includes reconstruct, improve, renovate,
enlarge, or otherwise alter.
(2) "Energy consumption analysis" means the evaluation of all
energy consuming systems, components, and equipment by demand and
type of energy, including the internal energy load imposed on a
facility by its occupants and the external energy load imposed by
climatic conditions.
(3) "Energy performance index" means a number describing the
energy requirements of a facility per square foot of floor space
or per cubic foot of occupied volume as appropriate under defined
internal and external ambient conditions over an entire seasonal
cycle.
(4) "Facility" means a building or other structure, or part
of a building or other structure, that includes provision for a
heating, refrigeration, ventilation, cooling, lighting, hot water,
or other major energy consuming system, component, or equipment.
(5) "Life-cycle cost analysis" means a general approach to
economic evaluation that takes into account all dollar costs
related to owning, operating, maintaining, and ultimately
disposing of a project over the appropriate study period.
(6) "Political subdivision" means a county, township,
municipal corporation, board of education of any school district,
or any other body corporate and politic that is responsible for
government activities in a geographic area smaller than that of
the state.
(7) "State funded" means funded in whole or in part through
appropriation by the general assembly or through the use of any
guarantee provided by this state.
(6)(8) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(B) There is hereby created within the department of
administrative services the office of energy services. The office
shall be under the supervision of a manager, who shall be
appointed by the director of administrative services. The director
shall assign to the office such number of employees and furnish
such equipment and supplies as are necessary for the performance
of the office's duties.
The office shall develop energy efficiency and conservation
programs in each of the following areas:
(1) New construction design and review;
(2) Existing building audit and retrofit;
(3) Energy efficient procurement;
(4) Alternative fuel vehicles.
The office may accept and administer grants from public and
private sources for carrying out any of its duties under this
section.
(C) No state agency, department, division, bureau, office,
unit, board, commission, authority, quasi-governmental entity, or
institution, including those agencies otherwise excluded from the
jurisdiction of the department under division (A)(3) of section
123.01 of the Revised Code, shall lease, construct, or cause to be
leased or constructed, within the limits prescribed in this
section, a state-funded facility, without having secured from the
office a proper life-cycle cost analysis or, in the case of a
lease, an energy consumption analysis, as computed or prepared by
a qualified architect or engineer in accordance with the rules
required by division (D) of this section.
Construction shall proceed only upon the disclosure to the
office, for the facility chosen, of the life-cycle costs as
determined in this section and the capitalization of the initial
construction costs of the building. The results of life-cycle cost
analysis shall be a primary consideration in the selection of a
building design. That analysis shall be required only for
construction of buildings with an area of five thousand square
feet or greater. An energy consumption analysis for the term of a
proposed lease shall be required only for the leasing of an area
of twenty thousand square feet or greater within a given building
boundary. That analysis shall be a primary consideration in the
selection of a facility to be leased.
Nothing in this section shall deprive or limit any state
agency that has review authority over design, construction, or
leasing plans from requiring a life-cycle cost analysis or energy
consumption analysis.
Whenever any state agency, department, division, bureau,
office, unit, board, commission, authority, quasi-governmental
entity, or institution requests release of capital improvement
funds for any state-funded facility, it shall submit copies of all
pertinent life-cycle cost analyses prepared pursuant to this
section and in accordance with rules adopted under Chapters 3781.
and 4101. of the Revised Code.
(D) For the purposes of assisting the department in its
responsibility for state-funded facilities pursuant to section
123.01 of the Revised Code and of cost-effectively reducing the
energy consumption of those and any other state-funded facilities,
thereby promoting fiscal, economic, and environmental benefits to
this state, the office shall promulgate rules specifying
cost-effective, energy efficiency and conservation standards that
may govern the lease, design, construction, operation, and
maintenance of all state-funded facilities, except facilities of
state institutions of higher education or facilities operated by a
political subdivision. The office of energy efficiency in the
department of development shall cooperate in providing information
and technical expertise to the office of energy services to ensure
promulgation of rules of maximum effectiveness. The standards
prescribed by rules promulgated under this division may draw from
or incorporate, by reference or otherwise and in whole or in part,
standards already developed or implemented by any competent,
public or private standards organization or program. The rules
also may include any of the following:
(1) Specifications for a life-cycle cost analysis that shall
determine, for the economic life of such state-funded facility,
the reasonably expected costs of facility ownership, operation,
and maintenance including labor and materials. Life-cycle cost may
be expressed as an annual cost for each year of the facility's
use. Further, the life-cycle cost analysis may demonstrate for
each design how the design contributes to energy efficiency and
conservation with respect to any of the following:
(a) The coordination, orientation, and positioning of the
facility on its physical site;
(b) The amount and type of glass employed in the facility and
the directions of exposure;
(c) Thermal characteristics of materials incorporated into
facility design, including insulation;
(d) Architectural features that affect energy consumption,
including the solar absorption and reflection properties of
external surfaces;
(e) The variable occupancy and operating conditions of the
facility and portions of the facility, including illumination
levels;
(f) Any other pertinent, physical characteristics of the
design.
A life-cycle cost analysis additionally may include an energy
consumption analysis that conforms to division (D)(2) of this
section.
(2) Specifications for an energy consumption analysis of the
facility's heating, refrigeration, ventilation, cooling, lighting,
hot water, and other major energy consuming systems, components,
and equipment. This analysis shall include both of the following:
(a) The comparison of two or more system alternatives, one of
which may be a system using solar energy;
(b) The projection of the annual energy consumption of those
major energy consuming systems, components, and equipment, for a
range of operation of the facility over the economic life of the
facility and considering their operation at other than full or
rated outputs.
A life-cycle cost analysis and energy consumption analysis
shall be based on the best currently available methods of
analysis, such as those of the national bureau institute of
standards and technology, the United States department of housing
and urban development energy or other federal agencies,
professional societies, and directions developed by the
department.
(3) Specifications for energy performance indices, to be used
to audit and evaluate competing design proposals submitted to the
state.
(4) A requirement that, not later than two years after the
effective date of this amendment April 6, 2007, each state-funded
facility, except a facility of a state institution of higher
education or a facility operated by a political subdivision, is
managed by at least one building operator certified under the
building operator certification program or any equivalent program
or standards as shall be prescribed in the rules and considered
reasonably equivalent.
(5) An application process by which a project manager, as to
of a specified state-funded facility, except a facility of a state
institution of higher education or a facility operated by a
political subdivision, may apply for a waiver of compliance with
any provision of the rules required by divisions (D)(1) to (4) of
this section.
(E) The office of energy services shall promulgate rules to
ensure that energy efficiency and conservation will be considered
in the purchase of products and equipment, except motor vehicles,
by any state agency, department, division, bureau, office, unit,
board, commission, authority, quasi-governmental entity, or
institution. Minimum energy efficiency standards for purchased
products and equipment may be required, based on federal testing
and labeling where available or on standards developed by the
office. The rules shall apply to the competitive selection of
energy consuming systems, components, and equipment under Chapter
125. of the Revised Code where possible.
The office also shall ensure energy efficient and energy
conserving purchasing practices by doing all of the following:
(1) Cooperatively with the office of energy efficiency,
identifying available energy efficiency and conservation
opportunities;
(2) Providing for interchange of information among purchasing
agencies;
(3) Identifying laws, policies, rules, and procedures that
need modification;
(4) Monitoring experience with and the cost-effectiveness of
this state's purchase and use of motor vehicles and of major
energy-consuming systems, components, equipment, and products
having a significant impact on energy consumption by government;
(5) Cooperatively with the office of energy efficiency,
providing technical assistance and training to state employees
involved in the purchasing process.
The department of development shall make recommendations to
the office regarding planning and implementation of purchasing
policies and procedures supportive of energy efficiency and
conservation.
(F)(1) The office of energy services shall require all state
agencies, departments, divisions, bureaus, offices, units,
commissions, boards, authorities, quasi-governmental entities,
institutions, and state institutions of higher education to
implement procedures ensuring that all their passenger automobiles
acquired in each fiscal year, except for those passenger
automobiles acquired for use in law enforcement or emergency
rescue work, achieve a fleet average fuel economy of not less than
the fleet average fuel economy for that fiscal year as shall be
prescribed by the office by rule. The office shall promulgate the
rule prior to the beginning of the fiscal year in accordance with
the average fuel economy standards established pursuant to federal
law for passenger automobiles manufactured during the model year
that begins during the fiscal year.
(2) Each state agency, department, division, bureau, office,
unit, commission, board, authority, quasi-governmental entity,
institution, and state institution of higher education shall
determine its fleet average fuel economy by dividing:
(a) The total number of passenger vehicles acquired during
the fiscal year, except for those passenger vehicles acquired for
use in law enforcement or emergency rescue work, by
(b) A sum of terms, each of which is a fraction created by
dividing:
(i) The number of passenger vehicles of a given make, model,
and year, except for passenger vehicles acquired for use in law
enforcement or emergency rescue work, acquired during the fiscal
year, by
(ii) The fuel economy measured by the administrator of the
United States environmental protection agency, for the given make,
model, and year of vehicle, that constitutes an average fuel
economy for combined city and highway driving.
As used in division (F)(2) of this section, "acquired" means
leased for a period of sixty continuous days or more, or
purchased.
(G) Each state agency, department, division, bureau, office,
unit, board, commission, authority, quasi-governmental entity,
institution, and state institution of higher education shall
comply with any applicable provision of this section or of a rule
promulgated pursuant to division (D) or (F) of this section.
Sec. 124.09. The director of administrative services shall
do all of the following:
(A) Prescribe, amend, and enforce administrative rules for
the purpose of carrying out the functions, powers, and duties
vested in and imposed upon the director by this chapter. Except in
the case of rules adopted pursuant to section 124.14 of the
Revised Code, the prescription, amendment, and enforcement of
rules under this division are subject to approval, disapproval, or
modification by the state personnel board of review.
(B) Keep records of the director's proceedings and records of
all applications for examinations and all examinations conducted
by the director or the director's designee. All of those records,
except examinations, proficiency assessments, and recommendations
of former employers, shall be open to public inspection under
reasonable regulations; provided the governor, or any person
designated by the governor, may, for the purpose of investigation,
have free access to all of those records, whenever the governor
has reason to believe that this chapter, or the administrative
rules of the director prescribed under this chapter, are being
violated.
(C) Prepare, continue, and keep in the office of the
department of administrative services a complete roster of all
persons in the classified civil service of the state who are paid
directly by warrant of the director of budget and management. This
roster shall be open to public inspection at all reasonable hours.
It shall show in reference to each of those persons, the person's
name, address, date of appointment to or employment in the
classified civil service of the state, and salary or compensation,
the title of the place or office that the person holds, the nature
of the duties of that place or office, and, in case of the
person's removal or resignation, the date of the termination of
that service.
(D) Approve the establishment of all new positions in the
civil service of the state and the reestablishment of abolished
positions;
(E) Require the abolishment of any position in the civil
service of the state that is not filled after a period of twelve
months unless it is determined that the position is seasonal in
nature or that the vacancy is otherwise justified;
(F) Make investigations concerning all matters touching the
enforcement and effect of this chapter and the administrative
rules of the director of administrative services prescribed under
this chapter. In the course of those investigations, the director
or the director's deputy may administer oaths and affirmations and
take testimony relative to any matter which the director has
authority to investigate.
(G) Have the power to subpoena and require the attendance and
testimony of witnesses and the production of books, papers, public
records, and other documentary evidence pertinent to the
investigations, inquiries, or hearings on any matter which the
director has authority to investigate, inquire into, or hear, and
to examine them in relation to any matter which the director has
authority to investigate, inquire into, or hear. Fees and mileage
shall be allowed to witnesses and, on their certificate, duly
audited, shall be paid by the treasurer of state or, in the case
of municipal or civil service township civil service commissions,
by the county treasurer, for attendance and traveling, as provided
in section 119.094 of the Revised Code. All officers in the civil
service of the state or any of the political subdivisions of the
state and their deputies, clerks, and employees shall attend and
testify when summoned to do so by the director or the state
personnel board of review. Depositions of witnesses may be taken
by the director or the board, or any member of the board, in the
manner prescribed by law for like depositions in civil actions in
the courts of common pleas. In case any person, in disobedience to
any subpoena issued by the director or the board, or any member of
the board, or the chief examiner, fails or refuses to attend and
testify to any matter regarding which the person may be lawfully
interrogated, or produce any documentary evidence pertinent to any
investigation, inquiry, or hearing, the court of common pleas of
any county, or any judge of the court of common pleas of any
county, where the disobedience, failure, or refusal occurs, upon
application of the director or the board, or any member of the
board, or a municipal or civil service township civil service
commission, or any commissioner of such a commission, or their
chief examiner, shall compel obedience by attachment proceedings
for contempt as in the case of disobedience of the requirements of
a subpoena issued from the court or a refusal to testify in the
court.
(H) Make a report to the governor, on or before the first day
of January of each year, showing the director's actions, the rules
and all exceptions to the rules in force, and any recommendations
for the more effectual accomplishment of the purposes of this
chapter. The director shall also furnish any special reports to
the governor whenever the governor requests them. The reports
shall be printed for public distribution under the same
regulations as are the reports of other state officers, boards, or
commissions.
Sec. 124.23. (A) All applicants for positions and places in
the classified service shall be subject to examination, except for
applicants for positions as professional or certified service and
paraprofessional employees of county boards of developmental
disabilities, who shall be hired in the manner provided in section
124.241 of the Revised Code.
(B) Any examination administered under this section shall be
public and be open to all citizens of the United States and those
persons who have legally declared their intentions of becoming
United States citizens. For examinations administered for
positions in the service of the state, the director of
administrative services or the director's designee may determine
certain limitations as to citizenship, age, experience, education,
health, habit, and moral character.
(C) Any person who has completed service in the uniformed
services, who has been honorably discharged from the uniformed
services or transferred to the reserve with evidence of
satisfactory service, and who is a resident of this state and any
member of the national guard or a reserve component of the armed
forces of the United States who has completed more than one
hundred eighty days of active duty service pursuant to an
executive order of the president of the United States or an act of
the congress of the United States may file with the director a
certificate of service or honorable discharge, and, upon this
filing, the person shall receive additional credit of twenty per
cent, or an equivalent weight, of the person's total grade given
in the regular examination in which the person receives a passing
grade, and the person's ranking on an eligible list shall reflect
the passing grade plus the additional credit.
As used in this division, "service in the uniformed services"
and "uniformed services" have the same meanings as in the
"Uniformed Services Employment and Reemployment Rights Act of
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.
(D) An examination may include an evaluation of such factors
as education, training, capacity, knowledge, manual dexterity, and
physical or psychological fitness. An examination shall consist of
one or more tests in any combination. Tests may be written, oral,
physical, demonstration of skill, or an evaluation of training and
experiences and shall be designed to fairly test the relative
capacity of the persons examined to discharge the particular
duties of the position for which appointment is sought. Tests may
include structured interviews, assessment centers, work
simulations, examinations of knowledge, skills, and abilities, and
any other acceptable testing methods. If minimum or maximum
requirements are established for any examination, they shall be
specified in the examination announcement.
(E) Except as otherwise provided in sections 124.01 to 124.64
of the Revised Code, when a position in the classified service of
the state is to be filled, an examination shall be administered.
The director of administrative services shall have control of all
examinations administered for positions in the service of the
state and all other examinations the director administers as
provided in section 124.07 of the Revised Code, except as
otherwise provided in sections 124.01 to 124.64 of the Revised
Code.
The director shall, by rule adopted under Chapter 119. of
the Revised Code, prescribe the notification method that is to be
used by an appointing authority to notify the director that a
position in the classified service of the state is to be filled.
In addition to the positions described in section 124.30 of the
Revised Code, the director may, with sufficient justification from
the appointing authority, allow the appointing authority to fill
the position by noncompetitive examination. The director shall
establish, by rule adopted under Chapter 119. of the Revised Code,
standards that the director shall use to determine what serves as
sufficient justification from an appointing authority to fill a
position by noncompetitive examination.
(F) No questions in any examination shall relate to political
or religious opinions or affiliations. No credit for seniority,
efficiency, or any other reason shall be added to an applicant's
examination grade unless the applicant achieves at least the
minimum passing grade on the examination without counting that
extra credit.
(G) Except as otherwise provided in sections 124.01 to 124.64
of the Revised Code, the director of administrative services or
the director's designee shall give reasonable notice of the time,
place, and general scope of every competitive examination for
appointment that the director or the director's designee
administers for positions in the classified service of the state.
The director or the director's designee shall send written,
printed, or electronic post notices via electronic media of every
examination to be conducted for positions in the classified civil
service of the state to each agency of the type the director of
job and family services specifies and, in the case of a county in
which no such agency is located, to the clerk of the court of
common pleas of that county and to the clerk of each city located
within that county. Those notices shall be posted in conspicuous
public places in the designated agencies or the courthouse, and
city hall of the cities, of the counties in which no designated
agency is located for at least two weeks. The electronic notice
shall be posted on the director's internet site on the world wide
web for a minimum of one week preceding any examination involved,
and in a conspicuous place in the office of the director of
administrative services for at least two weeks preceding any
examination involved. In case of examinations limited by the
director to a district, county, city, or department, the director
shall provide by rule for adequate publicity of an examination in
the district, county, city, or department within which competition
is permitted.
Sec. 124.231. (A) As used in this section, "legally blind
person" means any person who qualifies as being blind under any
Ohio or federal statute, or any rule adopted thereunder. As used
in this section, "legally deaf person" means any person who
qualifies as being deaf under any Ohio or federal statute, or any
rule adopted thereunder.
(B) The When an examination is to be administered under
sections 124.01 to 124.64 of the Revised Code, the director of
administrative services or the director's designee shall whenever
practicable arrange for special examinations to be administered to
legally blind or legally deaf persons applying for original
appointments positions in the classified service to ensure that
the abilities of such applicants are properly assessed and that
such applicants are not subject to discrimination because they are
legally blind or legally deaf persons.
(C) The director may administer equitable programs for the
employment of legally blind persons and legally deaf persons in
the classified service.
Nothing in this section shall be construed to prohibit the
appointment of a legally blind or legally deaf person to a
position in the classified service under the procedures otherwise
provided in this chapter.
Sec. 124.24. (A) Notwithstanding sections 124.01 to 124.64
and Chapter 145. of the Revised Code, the examinations of
applicants for the positions of deputy mine inspector,
superintendent of rescue stations, assistant superintendent of
rescue stations, electrical inspectors, gas storage well
inspector, and mine chemists in the division of mineral resources
management, department of natural resources, as provided in
Chapters 1561., 1563., 1565., and 1567. of the Revised Code shall
be provided for, conducted, and administered by the chief of the
division of mineral resources management.
From the returns of the examinations the chief shall prepare
eligible lists of the persons whose general average standing upon
examinations for such grade or class is not less than the minimum
fixed by rules adopted under section 1561.05 of the Revised Code
and who are otherwise eligible. All appointments to a position
shall be made from such that eligible list in the same manner as
appointments are made from eligible lists prepared by the director
of administrative services. Any person upon being appointed to
fill one of the positions provided for in this
section division,
from any such eligible list, shall have the same standing, rights,
privileges, and status as other state employees in the classified
service.
(B) Notwithstanding sections 124.01 to 124.64 and Chapter
145. of the Revised Code, the examinations of applicants for the
position of gas storage well inspector in the division of oil and
gas resources management, department of natural resources, as
provided in Chapter 1571. of the Revised Code shall be provided
for, conducted, and administered by the chief of the division of
oil and gas resources management.
From the returns of the examinations, the chief shall prepare
an eligible list of the persons whose general average standing
upon examinations for that position is not less than the minimum
fixed by rules adopted under section 1571.014 of the Revised Code
and who are otherwise eligible. An appointment to the position
shall be made from that eligible list in the same manner as
appointments are made from eligible lists prepared by the director
of administrative services. Any person, upon being appointed to
fill the position provided for in this division from any such
eligible list, shall have the same standing, rights, privileges,
and status as other state employees in the classified service.
Sec. 124.25. The director of administrative services shall
require persons applying for an examination for original
appointment to file with the director or the director's designee,
within reasonable time prior to the examination, a formal
application, in which the applicant shall state the applicant's
name, address, and such other information as may reasonably be
required concerning the applicant's education and experience. No
inquiry shall be made as to religious or political affiliations or
as to racial or ethnic origin of the applicant, except as
necessary to gather equal employment opportunity or other
statistics that, when compiled, will not identify any specific
individual.
Blank forms for applications shall be furnished by the
director or the director's designee without charge to any person
requesting the same. The director or the director's designee may
require in connection with such application such certificate of
persons having knowledge of the applicant as the good of the
service demands. The director or the director's designee may
refuse to appoint or examine an applicant, or, after an
examination, refuse to certify the applicant as eligible, who is
found to lack any of the established preliminary requirements for
the examination, who is addicted to the habitual use of
intoxicating liquors or drugs to excess, who has a pattern of poor
work habits and performance with previous employers, who has been
convicted of a felony, who has been guilty of infamous or
notoriously disgraceful conduct, who has been dismissed from
either branch of the civil service for delinquency or misconduct,
or who has made false statements of any material fact, or
practiced, or attempted to practice, any deception or fraud in the
application or examination, in establishing eligibility, or
securing an appointment.
Sec. 124.26. From the returns of the examinations, the
director of administrative services or the director's designee
shall prepare an eligible list of the persons whose general
average standing upon examinations for the grade or class or
position is not less than the minimum fixed by the rules of the
director, and who are otherwise eligible. Those persons shall take
rank upon the eligible list as candidates in the order of their
relative excellence as determined by the examination without
reference to priority of the time of examination. If two or more
applicants receive the same mark in an open competitive
examination, priority in the time of filing the application with
the director or the director's designee shall determine the order
in which their names shall be placed on the eligible list, except
that applicants eligible for veteran's preference under section
124.23 of the Revised Code shall receive priority in rank on the
eligible list over nonveterans on the list with a rating equal to
that of the veteran. Ties among veterans shall be decided by
priority of filing the application. If two or more applicants
receive the same mark on a promotional examination, seniority
shall determine the order in which their names shall be placed on
the eligible list. The term of eligibility of each list shall be
fixed by the director at not less than one or more than two years.
When an eligible list is reduced to ten names or less, a new
list may be prepared. The director may consolidate two or more
eligible lists of the same kind by the rearranging of eligibles
named in the lists, according to their grades.
An eligible list
expires upon the filling or closing of the position. An expired
eligible list may be used to fill a position of the same
classification within the same appointing authority for which the
list was created. But, in no event shall an expired list be used
more than one year past its expiration date.
Sec. 124.27. (A) The head of a department, office, or
institution, in which a position in the classified service is to
be filled, shall notify the director of administrative services of
the fact, and the director shall, except as otherwise provided in
this section and sections 124.30 and 124.31 of the Revised Code,
certify to the appointing authority the names and addresses of the
ten candidates standing highest on the eligible list for the class
or grade to which the position belongs, except that the director
may certify less than ten names if ten names are not available.
When less than ten names are certified to an appointing authority,
appointment from that list shall not be mandatory. When a position
in the classified service in the department of mental health or
the department of developmental disabilities is to be filled, the
director of administrative services shall make such certification
to the appointing authority within seven working days of the date
the eligible list is requested.
(B) The appointing authority shall notify the director of a
position in the classified service to be filled, and the
appointing authority shall fill the vacant position by appointment
of one of the ten persons certified by the director. If more than
one position is to be filled, the director may certify a group of
names from the eligible list, and the appointing authority shall
appoint in the following manner: beginning at the top of the list,
each time a selection is made, it must be from one of the first
ten candidates remaining on the list who is willing to accept
consideration for the position. If an eligible list becomes
exhausted, and until a new list can be created, or when no
eligible list for a position exists, names may be certified from
eligible lists most appropriate for the group or class in which
the position to be filled is classified. A person who is certified
from an eligible list more than three times to the same appointing
authority for the same or similar positions may be omitted from
future certification to that appointing authority, provided that
certification for a temporary appointment shall not be counted as
one of those certifications. Every person who qualifies for
veteran's preference under section 124.23 of the Revised Code, who
is a resident of this state, and whose name is on the eligible
list for a position shall be entitled to preference in original
appointments to any such competitive position in the civil service
of the state and its civil divisions over all other persons
eligible for those appointments and standing on the relevant
eligible list with a rating equal to that of the person qualifying
for veteran's preference. Appointments to all positions in the
classified service, that are not filled by promotion, transfer, or
reduction, as provided in sections 124.01 to 124.64 of the Revised
Code and the rules of the director prescribed under those
sections, shall be made only from those persons whose names
are
certified to the appointing authority take rank order on an
eligible list, and no employment, except as provided in those
sections, shall be otherwise given in the classified service of
this state or any political subdivision of the state. The
appointing authority shall appoint in the following manner: each
time a selection is made, it shall be from one of the names that
ranks in the top twenty-five per cent of the eligible list. But,
in the event that ten or fewer names are on the eligible list, the
appointing authority may select any of the listed candidates.
(C)(B) All original and promotional appointments, including
appointments made pursuant to section 124.30 of the Revised Code,
but not intermittent appointments, shall be for a probationary
period, not less than sixty days nor more than one year, to be
fixed by the rules of the director, except as provided in section
124.231 of the Revised Code, and except for original appointments
to a police department as a police officer or to a fire department
as a firefighter which shall be for a probationary period of one
year. No appointment or promotion is final until the appointee has
satisfactorily served the probationary period. If the service of
the probationary employee is unsatisfactory, the employee may be
removed or reduced at any time during the probationary period. If
the appointing authority decides to remove a probationary employee
in the service of the state, the appointing authority shall
communicate the removal to the director the reason for that
decision. A probationary employee duly removed or reduced in
position for unsatisfactory service does not have the right to
appeal the removal or reduction under section 124.34 of the
Revised Code.
Sec. 124.31. (A) Vacancies in positions in the classified
service of the state shall be filled insofar as practicable by
promotions. The director of administrative services shall provide
in the director's rules for keeping a record of efficiency for
each employee in the classified civil service of the state, and
for making promotions in the classified civil service of the state
on the basis of merit, to be ascertained insofar as practicable by
promotional examinations, and by conduct and capacity in office,
and by seniority in service. The director shall provide that
vacancies in positions in the classified civil service of the
state shall be filled by promotion in all cases where, in the
judgment of the director, it is for the best interest of the
service. The director's rules shall authorize each appointing
authority of a county to develop and administer in a manner it
devises, an evaluation system for the employees it appoints.
(B) All examinations for promotions shall be competitive and
may be conducted in the same manner as examinations described in
section 124.23 of the Revised Code. In promotional examinations,
seniority in service shall be added to the examination grade, but
no credit for seniority or any other reason shall be added to an
examination grade unless the applicant achieves at least the
minimum passing score on the examination without counting that
extra credit. Credit for seniority shall equal, for the first four
years of service, one per cent of the total grade attainable in
the promotion examination, and, for each of the fifth through
fourteenth years of service, six-tenths per cent of the total
grade attainable.
In all cases where vacancies are to be filled by promotion,
the director shall certify to the appointing authority the names
of the three persons having the highest rating on the eligible
list. The method of examination for promotions, the manner of
giving notice of the examination, and the rules governing it shall
be in general the same as those provided for original
examinations, except as otherwise provided in sections 124.01 to
124.64 of the Revised Code.
Sec. 124.34. (A) The tenure of every officer or employee in
the classified service of the state and the counties, civil
service townships, cities, city health districts, general health
districts, and city school districts of the state, holding a
position under this chapter, shall be during good behavior and
efficient service. No officer or employee shall be reduced in pay
or position, fined, suspended, or removed, or have the officer's
or employee's longevity reduced or eliminated, except as provided
in section 124.32 of the Revised Code, and for incompetency,
inefficiency, dishonesty, drunkenness, immoral conduct,
insubordination, discourteous treatment of the public, neglect of
duty, violation of any policy or work rule of the officer's or
employee's appointing authority, violation of this chapter or the
rules of the director of administrative services or the
commission, any other failure of good behavior, any other acts of
misfeasance, malfeasance, or nonfeasance in office, or conviction
of a felony. The denial of a one-time pay supplement or a bonus to
an officer or employee is not a reduction in pay for purposes of
this section.
This section does not apply to any modifications or
reductions in pay or work week authorized by division (Q) of
section 124.181 or section 124.392 or, 124.393, or 124.394 of the
Revised Code.
An appointing authority may require an employee who is
suspended to report to work to serve the suspension. An employee
serving a suspension in this manner shall continue to be
compensated at the employee's regular rate of pay for hours
worked. The disciplinary action shall be recorded in the
employee's personnel file in the same manner as other disciplinary
actions and has the same effect as a suspension without pay for
the purpose of recording disciplinary actions.
A finding by the appropriate ethics commission, based upon a
preponderance of the evidence, that the facts alleged in a
complaint under section 102.06 of the Revised Code constitute a
violation of Chapter 102., section 2921.42, or section 2921.43 of
the Revised Code may constitute grounds for dismissal. Failure to
file a statement or falsely filing a statement required by section
102.02 of the Revised Code may also constitute grounds for
dismissal. The tenure of an employee in the career professional
service of the department of transportation is subject to section
5501.20 of the Revised Code.
Conviction of a felony is a separate basis for reducing in
pay or position, suspending, or removing an officer or employee,
even if the officer or employee has already been reduced in pay or
position, suspended, or removed for the same conduct that is the
basis of the felony. An officer or employee may not appeal to the
state personnel board of review or the commission any disciplinary
action taken by an appointing authority as a result of the
officer's or employee's conviction of a felony. If an officer or
employee removed under this section is reinstated as a result of
an appeal of the removal, any conviction of a felony that occurs
during the pendency of the appeal is a basis for further
disciplinary action under this section upon the officer's or
employee's reinstatement.
A person convicted of a felony immediately forfeits the
person's status as a classified employee in any public employment
on and after the date of the conviction for the felony. If an
officer or employee is removed under this section as a result of
being convicted of a felony or is subsequently convicted of a
felony that involves the same conduct that was the basis for the
removal, the officer or employee is barred from receiving any
compensation after the removal notwithstanding any modification or
disaffirmance of the removal, unless the conviction for the felony
is subsequently reversed or annulled.
Any person removed for conviction of a felony is entitled to
a cash payment for any accrued but unused sick, personal, and
vacation leave as authorized by law. If subsequently reemployed in
the public sector, the person shall qualify for and accrue these
forms of leave in the manner specified by law for a newly
appointed employee and shall not be credited with prior public
service for the purpose of receiving these forms of leave.
As used in this division, "felony" means any of the
following:
(1) A felony that is an offense of violence as defined in
section 2901.01 of the Revised Code;
(2) A felony that is a felony drug abuse offense as defined
in section 2925.01 of the Revised Code;
(3) A felony under the laws of this or any other state or the
United States that is a crime of moral turpitude;
(4) A felony involving dishonesty, fraud, or theft;
(5) A felony that is a violation of section 2921.05, 2921.32,
or 2921.42 of the Revised Code.
(B) In case of a reduction, a suspension of more than forty
work hours in the case of an employee exempt from the payment of
overtime compensation, a suspension of more than twenty-four work
hours in the case of an employee required to be paid overtime
compensation, a fine of more than forty hours' pay in the case of
an employee exempt from the payment of overtime compensation, a
fine of more than twenty-four hours' pay in the case of an
employee required to be paid overtime compensation, or removal,
except for the reduction or removal of a probationary employee,
the appointing authority shall serve the employee with a copy of
the order of reduction, fine, suspension, or removal, which order
shall state the reasons for the action.
Within ten days following the date on which the order is
served or, in the case of an employee in the career professional
service of the department of transportation, within ten days
following the filing of a removal order, the employee, except as
otherwise provided in this section, may file an appeal of the
order in writing with the state personnel board of review or the
commission. For purposes of this section, the date on which an
order is served is the date of hand delivery of the order or the
date of delivery of the order by certified United States mail,
whichever occurs first. If an appeal is filed, the board or
commission shall forthwith notify the appointing authority and
shall hear, or appoint a trial board to hear, the appeal within
thirty days from and after its filing with the board or
commission. The board, commission, or trial board may affirm,
disaffirm, or modify the judgment of the appointing authority.
However, in an appeal of a removal order based upon a violation of
a last chance agreement, the board, commission, or trial board may
only determine if the employee violated the agreement and thus
affirm or disaffirm the judgment of the appointing authority.
In cases of removal or reduction in pay for disciplinary
reasons, either the appointing authority or the officer or
employee may appeal from the decision of the state personnel board
of review or the commission, and any such appeal shall be to the
court of common pleas of the county in which the appointing
authority is located, or to the court of common pleas of Franklin
county, as provided by section 119.12 of the Revised Code.
(C) In the case of the suspension for any period of time, or
a fine, demotion, or removal, of a chief of police, a chief of a
fire department, or any member of the police or fire department of
a city or civil service township, who is in the classified civil
service, the appointing authority shall furnish the chief or
member with a copy of the order of suspension, fine, demotion, or
removal, which order shall state the reasons for the action. The
order shall be filed with the municipal or civil service township
civil service commission. Within ten days following the filing of
the order, the chief or member may file an appeal, in writing,
with the commission. If an appeal is filed, the commission shall
forthwith notify the appointing authority and shall hear, or
appoint a trial board to hear, the appeal within thirty days from
and after its filing with the commission, and it may affirm,
disaffirm, or modify the judgment of the appointing authority. An
appeal on questions of law and fact may be had from the decision
of the commission to the court of common pleas in the county in
which the city or civil service township is situated. The appeal
shall be taken within thirty days from the finding of the
commission.
(D) A violation of division (A)(7) of section 2907.03 of the
Revised Code is grounds for termination of employment of a
nonteaching employee under this section.
(E) As used in this section, "last chance agreement" means an
agreement signed by both an appointing authority and an officer or
employee of the appointing authority that describes the type of
behavior or circumstances that, if it occurs, will automatically
lead to removal of the officer or employee without the right of
appeal to the state personnel board of review or the appropriate
commission.
Sec. 124.393. (A) As used in this section:
(1) "County exempt Exempt employee" means a permanent
full-time or permanent part-time county, township, or municipal
corporation employee who is not subject to a collective bargaining
agreement between a public employer and an exclusive
representative.
(2) "Fiscal emergency" means any of the following:
(a) A fiscal emergency declared by the governor under section
126.05 of the Revised Code.
(b) A fiscal watch or fiscal emergency has been declared or
determined under section 118.023 or 118.04 of the Revised Code.
(c) Lack of funds as defined in section 124.321 of the
Revised Code.
(c)(d) Reasons of economy as described in section 124.321 of
the Revised Code.
(B)(1) A county, township, or municipal corporation
appointing authority may establish a mandatory cost savings
program applicable to its county exempt employees. Each county
exempt employee shall participate in the program of mandatory cost
savings for not more than eighty hours, as determined by the
appointing authority, in each of state fiscal years 2010 and 2011
to 2013. The program may include, but is not limited to, a loss of
pay or loss of holiday pay. The program may be administered
differently among employees based on their classifications,
appointment categories, or other relevant distinctions.
(2) After June 30, 2011 2013, a county, township, or
municipal corporation appointing authority may implement mandatory
cost savings days as described in division (B)(1) of this section
that apply to its county exempt employees in the event of a fiscal
emergency.
(C) A county, township, or municipal corporation appointing
authority shall issue guidelines concerning how the appointing
authority will implement the cost savings program.
Sec. 124.394. (A) As used in this section:
(1) "Exempt employee" means a permanent full-time or
permanent part-time county employee , township, or municipal
corporation who is not subject to a collective bargaining
agreement between a public employer and an exclusive
representative.
(2) "Fiscal emergency" means any of the following:
(a) A fiscal emergency declared by the governor under section
126.05 of the Revised Code.
(b) A fiscal watch or a fiscal emergency declared or
determined by the auditor of state under section 118.023 or 118.04
of the Revised Code.
(c) Lack of funds as defined in section 124.321 of the
Revised Code.
(d) Reasons of economy as described in section 124.321 of the
Revised Code.
(B) A county, township, or municipal corporation appointing
authority may establish a modified work week schedule program
applicable to its exempt employees. Each exempt employee shall
participate in any established modified work week schedule program
in each of state fiscal years 2012 and 2013. The program may
provide for a reduction from the usual number of hours worked
during a week by exempt employees immediately before the
establishment of the program by the appointing authority. The
reduction in hours may include any number of hours so long as the
reduction is not more than fifty per cent of the usual hours
worked by exempt employees immediately before the establishment of
the program. The program may be administered differently among
employees based on classifications, appointment categories, or
other relevant distinctions.
(C) After June 30, 2013, a county, township, or municipal
corporation appointing authority may implement a modified work
week schedule program as described in division (B) of this section
that applies to its exempt employees in the event of a fiscal
emergency.
Sec. 125.021. (A) Except as to the military department, the
general assembly, the capitol square review advisory board the
bureau of workers' compensation, the industrial commission, and
institutions administered by boards of trustees, the department of
administrative services may contract for telephone, other
telecommunication, and computer services for state agencies.
Nothing in this division precludes the bureau or the commission
from contracting with the department to authorize the department
to contract for those services for the bureau or the commission.
(B)(1) As used in this division:
(a) "Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the
congress of the United States, or section 5919.29 or 5923.21 of
the Revised Code.
(b) "Immediate family" means a person's spouse residing in
the person's household, brothers and sisters of the whole or of
the half blood, children, including adopted children and
stepchildren, parents, and grandparents.
(2) The department of administrative services may enter into
a contract to purchase bulk long distance telephone services and
make them available at cost, or may make bulk long distance
telephone services available at cost under any existing contract
the department has entered into, to members of the immediate
family of persons deployed on active duty so that those family
members can communicate with the persons so deployed. If the
department enters into contracts under division (B)(2) of this
section, it shall do so in accordance with sections 125.01 to
125.11 of the Revised Code and in a nondiscriminatory manner that
does not place any potential vendor at a competitive disadvantage.
(3) If the department decides to exercise either option under
division (B)(2) of this section, it shall adopt, and may amend,
rules under Chapter 119. of the Revised Code to implement that
division.
Sec. 125.15. All state agencies required to secure any
equipment, materials, supplies, or services from the department of
administrative services shall make acquisition in the manner and
upon forms prescribed by the director of administrative services
and shall reimburse the department for the equipment, materials,
supplies, or services, including a reasonable sum to cover the
department's administrative costs and costs relating to energy
efficiency and conservation programs, whenever reimbursement is
required by the department. The money so paid shall be deposited
in the state treasury to the credit of the general services fund
or, the information technology fund, or the information technology
governance fund, as appropriate. Those funds are hereby created.
Sec. 125.18. (A) There is hereby established the office of
information technology within the department of administrative
services. The office shall be under the supervision of a state
chief information officer to be appointed by the director of
administrative services and subject to removal at the pleasure of
the director. The chief information officer is an assistant
director of administrative services.
(B) Under the direction of the director of administrative
services, the state chief information officer shall lead, oversee,
and direct state agency activities related to information
technology development and use. In that regard, the state chief
information officer shall do all of the following:
(1) Coordinate and superintend statewide efforts to promote
common use and development of technology by state agencies. The
office of information technology shall establish policies and
standards that govern and direct state agency participation in
statewide programs and initiatives.
(2) Establish policies and standards for the acquisition and
use of common information technology by state agencies, including,
but not limited to, hardware, software, technology services, and
security, and the extension of the service life of information
technology systems, with which state agencies shall comply;
(3) Establish criteria and review processes to identify state
agency information technology projects or purchases that require
alignment or oversight. As appropriate, the department of
administrative services shall provide the governor and the
director of budget and management with notice and advice regarding
the appropriate allocation of resources for those projects. The
state chief information officer may require state agencies to
provide, and may prescribe the form and manner by which they must
provide, information to fulfill the state chief information
officer's alignment and oversight role;
(4) Establish policies and procedures for the security of
personal information that is maintained and destroyed by state
agencies;
(5) Employ a chief information security officer who is
responsible for the implementation of the policies and procedures
described in division (B)(4) of this section and for coordinating
the implementation of those policies and procedures in all of the
state agencies;
(6) Employ a chief privacy officer who is responsible for
advising state agencies when establishing policies and procedures
for the security of personal information and developing education
and training programs regarding the state's security procedures;
(7) Establish policies on the purchasing, use, and
reimbursement for use of handheld computing and telecommunications
devices by state agency employees;
(8) Establish policies for the reduction of printing and the
use of electronic records by state agencies;
(9) Establish policies for the reduction of energy
consumption by state agencies;
(10) Compute the amount of revenue attributable to the
amortization of all equipment purchases and capitalized systems
from information technology service delivery and major information
technology purchases operating appropriation items and major
computer purchases capital appropriation items that is recovered
as part of the information technology services rates the
department of administrative services charges and deposits into
the information technology fund created in section 125.15 of the
Revised Code.
(C)(1) The chief information security officer shall assist
each state agency with the development of an information
technology security strategic plan and review that plan, and each
state agency shall submit that plan to the state chief information
officer. The chief information security officer may require that
each state agency update its information technology security
strategic plan annually as determined by the state chief
information officer.
(2) Prior to the implementation of any information technology
data system, a state agency shall prepare or have prepared a
privacy impact statement for that system.
(D) When a state agency requests a purchase of information
technology supplies or services under Chapter 125. of the Revised
Code, the state chief information officer may review and reject
the requested purchase for noncompliance with information
technology direction, plans, policies, standards, or
project-alignment criteria.
(E) The office of information technology may operate
technology services for state agencies in accordance with this
chapter.
(F) With the approval of the director of administrative
services, the office of information technology may establish
cooperative agreements with federal and local government agencies
and state agencies that are not under the authority of the
governor for the provision of technology services and the
development of technology projects.
(G) The office of information technology may operate a
program to make information technology purchases. The director of
administrative services may recover the cost of operating the
program from all participating government entities by issuing
intrastate transfer voucher billings for the procured technology
or through any pass-through billing method agreed to by the
director of administrative services, the director of budget and
management, and the participating government entities that will
receive the procured technology.
If the director of administrative services chooses to recover
the program costs through intrastate transfer voucher billings,
the participating government entities shall process the intrastate
transfer vouchers to pay for the cost. Amounts received under this
section for the information technology purchase program shall be
deposited to the credit of the information technology governance
fund created in section 125.15 of the Revised Code.
(H) Upon request from the director of administrative
services, the director of budget and management may transfer cash
from the information technology fund created in section 125.15 of
the Revised Code to the major information technology purchases
fund in an amount not to exceed the amount computed under division
(B)(10) of this section. The major information technology
purchases fund is hereby created in the state treasury.
(I) As used in this section:
(1) "Personal information" has the same meaning as in section
149.45 of the Revised Code.
(2) "State agency" means every organized body, office, or
agency established by the laws of the state for the exercise of
any function of state government, other than any state-supported
institution of higher education, the office of the auditor of
state, treasurer of state, secretary of state, or attorney
general, the adjutant general's department, the bureau of workers'
compensation, the industrial commission, the public employees
retirement system, the Ohio police and fire pension fund, the
state teachers retirement system, the school employees retirement
system, the state highway patrol retirement system, the general
assembly or any legislative agency, the capitol square review
advisory board, or the courts or any judicial agency.
Sec. 125.182. The office of information technology shall
establish, operate, and maintain the state public notice web site.
In establishing, maintaining, and operating the state public
notice web site, the office of information technology shall:
(A) Use a domain name for the web site that will be easily
recognizable and remembered by and understandable to users of the
web site;
(B) Maintain the web site so that it is fully accessible to
and searchable by members of the public at all times;
(C) Not charge a fee to a person who accesses, searches, or
otherwise uses the web site;
(D) Not charge a fee to a political subdivision for
publishing a notice on the web site;
(E) Ensure that notices displayed on the web site conform to
the requirements that would apply to the notices if they were
being published in a newspaper or other publication, as directed
in the relevant provision of the statute or rule that requires the
notice;
(F) Ensure that notices continue to be displayed on the web
site for not less than the length of time required by the relevant
provision of the statute or rule that requires the notice;
(G) Devise and display on the web site a form that may be
downloaded and used to request publication of a notice on the web
site;
(H) Enable responsible parties to submit notices and requests
for their publication;
(I) Maintain an archive of notices that no longer are
displayed on the web site;
(J) Enable notices, both those currently displayed and those
archived, to be accessed by key word, by party name, by case
number, by county, and by other useful identifiers;
(K) Maintain adequate systemic security and backup features,
and develop and maintain a contingency plan for coping with and
recovering from power outages, systemic failures, and other
unforeseeable difficulties;
(L) Maintain the web site in such a manner that it will not
infringe legally protected interests, so that vulnerability of the
web site to interruption because of litigation or the threat of
litigation is reduced; and
(M) Submit a status report to the secretary of state twice
annually that demonstrates compliance with statutory requirements
governing publication of notices.
The office of information technology shall bear the expense
of maintaining the state public notice web site domain name.
Sec. 125.213. There is hereby created the state employee
child support fund. The fund shall be in the custody of the
treasurer of state, but shall not be part of the state treasury.
The fund shall consist of all money withheld or deducted from
salaries and wages of state officials and employees pursuant to a
withholding or deduction notice described in section 3121.03 of
the Revised Code for forwarding to the office of child support in
the department of job and family services pursuant to section
3121.19 of the Revised Code. All money in the fund, including
investment earnings thereon, shall be used only for the following
purposes:
(A) Forwarding to the office of child support money withheld
or deducted from salaries and wages of state officials and
employees pursuant to a withholding or deduction notice described
in section 3121.03 of the Revised Code;
(B) Paying any direct or indirect costs associated with
maintaining the fund.
Sec. 125.28. (A)(1) Each state agency that is supported in
whole or in part by nongeneral revenue fund money and that
occupies space in the James A. Rhodes or Frank J. Lausche state
office tower, Toledo government center, Senator Oliver R. Ocasek
government office building, Vern Riffe center for government and
the arts, state of Ohio computer center, capitol square, or
governor's mansion shall reimburse the general revenue fund for
the cost of occupying the space in the ratio that the occupied
space in each facility attributable to the nongeneral revenue fund
money bears to the total space occupied by the state agency in the
facility.
(2) All agencies that occupy space in the old blind school or
that occupy warehouse space in the general services facility shall
reimburse the department of administrative services for the cost
of occupying the space. The director of administrative services
shall determine the amount of debt service, if any, to be charged
to building tenants and shall collect reimbursements for it.
(3) Each agency that is supported in whole or in part by
nongeneral revenue fund money and that occupies space in any other
facility or facilities owned and maintained by the department of
administrative services or space in the general services facility
other than warehouse space shall reimburse the department for the
cost of occupying the space, including debt service, if any, in
the ratio that the occupied space in each facility attributable to
the nongeneral revenue fund money bears to the total space
occupied by the state agency in the facility.
(B) The director of administrative services may provide
building maintenance services and skilled trades services to any
state agency occupying space in a facility that is not owned by
the department of administrative services and may collect
reimbursements for the cost of providing those services.
(C) All money collected by the department of administrative
services for operating expenses of facilities owned or maintained
by the department shall be deposited into the state treasury to
the credit of the building management fund, which is hereby
created. All money collected by the department for skilled trades
services shall be deposited into the state treasury to the credit
of the skilled trades fund, which is hereby created. All money
collected for debt service shall be deposited into the general
revenue fund.
(D) The director of administrative services shall determine
the reimbursable cost of space in state-owned or state-leased
facilities and shall collect reimbursements for that cost.
Sec. 125.89. Subject to the approval of the governor, the
department of administrative services may enter into contracts,
compacts, and cooperative agreements for and on behalf of the
state of Ohio with the several states or the federal government,
singularly or severally, in order to provide, with or without
reimbursement, for the utilization by and exchange between them,
singularly or severally, of property, facilities, personnel, and
services of each by the other, and, for the same purpose, to enter
into contracts and cooperative agreements with eligible public or
private state or local authorities, institutions, organizations,
or activities. The department shall make, annually, a report of
its actions under sections 125.84 to 125.90 of the Revised Code,
in accordance with section 149.01 of the Revised Code, and file
such report with the general assembly.
Sec. 126.12. (A)(1) The office of budget and management
shall prepare and administer a statewide indirect cost allocation
plan that provides for the recovery of statewide indirect costs
from any fund of the state. The director of budget and management
may make transfers of statewide indirect costs from the
appropriate fund of the state to the general revenue fund on an
intrastate transfer voucher. The director, for reasons of sound
financial management, also may waive the recovery of statewide
indirect costs. Prior to making a transfer in accordance with this
division, the director shall notify the affected agency of the
amounts to be transferred.
(2) To support development and upgrade costs to the state's
enterprise resource planning system, the director also may make
transfers of statewide indirect costs attributable to debt service
paid for the system to the OAKS support organization fund created
in section 126.24 of the Revised Code. Transfers may be made from
either of the following:
(a) The appropriate fund of the state;
(b) The general revenue fund, if the statewide indirect costs
have been collected under division (A)(1) of this section and
deposited in the general revenue fund.
(B) As used in this section, "statewide indirect costs" means
operating costs incurred by an agency in providing services to any
other agency, for which there was no billing to such other agency
for the services provided, and for which disbursements have been
made from the general revenue fund.
(C) Notwithstanding any provision of law to the contrary, in
order to reduce the payment of adjustments to the federal
government as determined under the plan prepared under division
(A)(1) of this section, the director of budget and management
shall, on or before the first day of September each fiscal year,
designate such funds of the state as the director considers
necessary to retain their own interest earnings.
Sec. 126.141. Any request for release of capital
appropriations by the director of budget and management or the
controlling board for facilities projects shall contain a
contingency reserve, the amount of which shall be determined by
the public authority, for payment of unanticipated project
expenses. Any amount deducted from the encumbrance for a
contractor's contract as an assessment for liquidated damages
shall be added to the encumbrance for the contingency reserve.
Contingency reserve funds shall be used to pay costs resulting
from unanticipated job conditions, to comply with rulings
regarding building and other codes, to pay costs related to
errors, omissions, or other deficiencies in contract documents, to
pay costs associated with changes in the scope of work, to pay
interest due on late payments, and to pay the costs of settlements
and judgments related to the project.
Any funds remaining upon completion of a project may, upon
approval of the controlling board, be released for the use of the
agency or instrumentality to which the appropriation was made for
other capital facilities projects.
Sec. 126.21. (A) The director of budget and management shall
do all of the following:
(1) Keep all necessary accounting records;
(2) Prescribe and maintain the accounting system of the state
and establish appropriate accounting procedures and charts of
accounts;
(3) Establish procedures for the use of written, electronic,
optical, or other communications media for approving and reviewing
payment vouchers;
(4) Reconcile, in the case of any variation between the
amount of any appropriation and the aggregate amount of items of
the appropriation, with the advice and assistance of the state
agency affected by it and the legislative service commission,
totals so as to correspond in the aggregate with the total
appropriation. In the case of a conflict between the item and the
total of which it is a part, the item shall be considered the
intended appropriation.
(5) Evaluate on an ongoing basis and, if necessary, recommend
improvements to the internal controls used in state agencies;
(6) Authorize the establishment of petty cash accounts. The
director may withdraw approval for any petty cash account and
require the officer in charge to return to the state treasury any
unexpended balance shown by the officer's accounts to be on hand.
Any officer who is issued a warrant for petty cash shall render a
detailed account of the expenditures of the petty cash and shall
report when requested the balance of petty cash on hand at any
time.
(7) Process orders, invoices, vouchers, claims, and payrolls
and prepare financial reports and statements;
(8) Perform extensions, reviews, and compliance checks prior
to or after approving a payment as the director considers
necessary;
(9) Issue the official comprehensive annual financial report
of the state. The report shall cover all funds of the state
reporting entity and shall include basic financial statements and
required supplementary information prepared in accordance with
generally accepted accounting principles and other information as
the director provides. All state agencies, authorities,
institutions, offices, retirement systems, and other component
units of the state reporting entity as determined by the director
shall furnish the director whatever financial statements and other
information the director requests for the report, in the form, at
the times, covering the periods, and with the attestation the
director prescribes. The information for state institutions of
higher education, as defined in section 3345.011 of the Revised
Code, shall be submitted to the chancellor by the Ohio board of
regents. The board shall establish a due date by which each such
institution shall submit the information to the board, but no such
date shall be later than one hundred twenty days after the end of
the state fiscal year unless a later date is approved by the
director.
(B) In addition to the director's duties under division (A)
of this section, the director may establish and administer one or
more state payment card programs that permit or require state
agencies to use a payment card to purchase equipment, materials,
supplies, or services in accordance with guidelines issued by the
director. The chief administrative officer of a state agency that
uses a payment card for such purposes shall ensure that purchases
made with the card are made in accordance with the guidelines
issued by the director and do not exceed the unexpended,
unencumbered, unobligated balance in the appropriation to be
charged for the purchase. State agencies may participate in only
those state payment card programs that the director establishes
pursuant to this section.
(C) In addition to the director's duties under divisions (A)
and (B) of this section, the director may enter into any contract
or agreement necessary for and incidental to the performance of
the director's duties or the duties of the office of budget and
management.
(D) In consultation with the director of administrative
services, the director may appoint and fix the compensation of
employees of the office of budget and management whose primary
duties include the consolidation of statewide financing functions
and common transactional processes.
(E) The director may transfer cash between funds other than
the general revenue fund in order to correct an erroneous payment
or deposit regardless of the fiscal year during which the
erroneous payment or deposit occurred.
Sec. 126.24. The OAKS support organization fund is hereby
created in the state treasury for the purpose of paying the
operating, development, and upgrade expenses of the state's
enterprise resource planning system. The fund shall consist of
cash transfers from the accounting and budgeting fund and the
human resources services fund, and other received pursuant to
division (A)(2) of section 126.12 of the Revised Code and agency
payroll charge revenues that are designated to support the
operating, development, and upgrade costs of the Ohio
administrative knowledge system. All investment earnings of the
fund shall be credited to the fund.
Sec. 126.50. As used in sections 126.50, 126.501, 126.502,
126.503, 126.504, 126.505, and 126.506, and 126.507 of the Revised
Code:
(A) "Critical services" means a service provided by the state
the deferral or cancellation of which would cause at least one of
the following:
(1) An immediate risk to the health, safety, or welfare of
the citizens of the state;
(2) A undermining of activity aimed at creating or retaining
jobs in the state;
(3) An interference with the receipt of revenue to the state
or the realization of savings to the state.
"Critical services" does not mean a deferral or cancellation
of a service provided by the state that would result in
inconvenience, sustainable delay, or other similar compromise to
the normal provision of state-provided services.
(B), "State state agency" has the same meaning as in section
1.60 of the Revised Code, but does not include the elected state
officers, the general assembly or any legislative agency, a court
or any judicial agency, or a state institution of higher
education.
Sec. 126.60. As used in sections 126.60 to 126.605 of the
Revised Code:
(A) "Contract" means any purchase and sale agreement, lease,
service agreement, franchise agreement, concession agreement, or
other written agreement entered into under sections 126.60 to
126.605 of the Revised Code with respect to the provision of
highway services and any project related thereto.
(B) "Highway services" means the operation or maintenance of
any highway in this state, the construction of which was funded by
proceeds from state revenue bonds that are to be repaid primarily
from revenues derived from the operation of the highway and any
related facilities and not primarily from the tax that is subject
to the limitations of Article XII, Section 5a of the Ohio
Constitution.
(C) "Improvement" means any construction, reconstruction,
rehabilitation, renovation, installation, improvement,
enlargement, or extension of property or improvements to property.
(D) "Private sector entity" means any corporation, whether
for profit or not for profit, limited liability company,
partnership, limited liability partnership, sole proprietorship,
business trust, joint venture or other entity, but shall not mean
the state, a political subdivision of the state, or a public or
governmental entity, agency, or instrumentality of the state.
(E) "Project" means real or personal property, or both, and
improvements thereto or in support thereof, including undivided
and other interests therein, used for or in the provision of
highway services.
(F) "Proposer" means a private sector entity, local or
regional public entity or agency, or any group or combination
thereof, in collaboration or cooperation with other private sector
entities, local or regional public entities, submitting
qualifications or a proposal for providing highway services.
Sec. 126.601. Notwithstanding any provision of the Revised
Code to the contrary, the director of budget and management and
the director of transportation may take any action and execute any
contract for the provision of highway services in order to more
efficiently and effectively provide those services, including by
generating additional resources in support of those services and
related projects. Any such contract may contain the terms and
conditions established by the director of budget and management
and the department of transportation to carry out and effect the
purposes of sections 126.60 to 126.605 of the Revised Code. The
director is hereby authorized to receive and deposit, consistent
with section 126.603 of the Revised Code, any money received under
the contract. Any such contract shall be sufficient to effect its
purpose notwithstanding any provision of the Revised Code to the
contrary, including other laws governing the sale, lease or other
disposition of property or interests therein, service contracts,
or financial transactions by or for the state. The director of
transportation may exercise all powers of the Ohio turnpike
commission for purposes of sections 126.60 to 126.605 of the
Revised Code, and may take any action and, with the director of
budget and management, execute any contract necessary to effect
the purposes of sections 126.60 to 126.605 of the Revised Code,
notwithstanding any provision of Chapter 5537. of the Revised Code
to the contrary.
Sec. 126.602. (A) Before entering into a contract for the
provision of highway services, the director of budget and
management shall publish notice of its intent to enter into a
contract for the highway services and any related project. The
notice shall notify interested parties of the opportunity to
submit their qualifications or proposals, or both, for
consideration and shall be published at least thirty days prior to
the deadline for submitting those qualifications or proposals. The
director also may advertise the information contained in the
notice in appropriate trade journals and otherwise notify parties
believed to be interested in providing the highway services and in
any related project. The notice shall include a general
description of the highway services to be provided and any related
project and of the qualifications or proposals being sought and
instructions for obtaining the invitation.
(B) After inviting qualifications, the director of budget and
management, in consultation with the department of transportation,
shall evaluate the qualifications submitted and may hold
discussions with proposers to further explore their
qualifications. Following this evaluation, the director, in
consultation with the department, may determine a list of
qualified proposers based on criteria in the invitation and invite
only those proposers to submit a proposal for the provision of the
highway services and any related project.
(C) After inviting proposals, the director of budget and
management, in consultation with the department of transportation,
shall evaluate the proposals submitted and may hold discussions
with proposers to further explore their proposals, the scope and
nature of the highway services they would provide, and the various
technical approaches they may take regarding the highway services
and any related project. Following this evaluation, the director,
in consultation with the department, shall:
(1) Select and rank no fewer than three proposers that the
director considers to be the most qualified to enter into the
contract, except when the director determines that fewer than
three qualified proposers are available, in which case the
director shall select and rank them;
(2) Negotiate a contract with the proposer ranked most
qualified to provide the highway services at a compensation
determined in writing to be fair and reasonable, and to purchase,
lease or otherwise take a legal interest in the project.
(D)(1) Upon failure to negotiate a contract with the proposer
ranked most qualified, the director shall inform the proposer in
writing of the termination of negotiations and may enter into
negotiations with the proposer ranked next most qualified. If
negotiations again fail, the same procedure may be followed with
each next most qualified proposer selected and ranked, in order of
ranking, until a contract is negotiated.
(2) If the director, in consultation with the department,
fails to negotiate a contract with any of the ranked proposers,
the director, in consultation with the department, may terminate
the process or select and rank additional proposers, based on
their qualifications or proposals, and negotiations shall continue
as with the proposers selected and ranked initially until a
contract is negotiated.
(E) Any contract entered into under this section may contain
terms, as deemed appropriate by the director, in consultation with
the department, including the duration of the contract, which
shall not exceed seventy-five years, rates or fees for the highway
services to be provided or methods or procedures for the
determination of such rates or fees, standards for the highway
services to be provided, responsibilities and standards for
operation and maintenance of any related project, required
financial assurances, financial and other data reporting
requirements, bases and procedures for termination of the contract
and retaking of possession or title to the project, and events of
default and remedies upon default, including mandamus, a suit in
equity, an action at law, or any combination of those remedial
actions.
(F) Chapter 4115. of the Revised Code shall not apply to any
project. Chapter 4117. of the Revised Code shall not apply to any
employees working at or on a project to provide highway services.
(G) The director of budget and management may reject any and
all submissions of qualifications or proposals.
Sec. 126.603. (A) In addition to its powers under sections
127.14 and 127.16 of the Revised Code, the controlling board shall
approve any invitation for qualifications or for proposals and
related contract negotiated under sections 126.60 to 126.605 of
the Revised Code, which approval may be by pre-approval of
specified terms of the contract. The controlling board may approve
any transfer of moneys and funds necessary to support the highway
services.
(B) All money received by the director of budget and
management under a contract executed pursuant to sections 126.60
to 126.605 of the Revised Code shall be deposited into the state
treasury to the credit of the highway services fund, which is
hereby created. Any interest earned on money in the fund shall be
credited to the fund.
Sec. 126.604. The exercise of the powers granted by sections
126.60 to 126.605 of the Revised Code will be for the benefit of
the people of the state and shall be liberally construed to effect
the purposes thereof. Any project or part thereof owned by the
state and used for performing any highway services pursuant to a
contract entered into under sections 126.60 to 126.605 of the
Revised Code that would be exempt from real property taxes or
assessments in the absence of such contract shall remain exempt
from real property taxes and assessments levied by the state and
its subdivisions to the same extent as if not subject to that
contract. The gross receipts and income of a successful proposer
derived from providing highway services under a contract through a
project owned by the state shall be exempt from gross receipts and
income taxes levied by the state and its subdivisions, including
the tax levied pursuant to Chapter 5751. of the Revised Code. Any
transfer or lease between a successful proposer and the state of a
project or part thereof, or item included or to be included in the
project, shall be exempt from the taxes levied pursuant to
Chapters 5739. and 5741. of the Revised Code if the state is
retaining ownership of the project or part thereof that is being
transferred or leased.
Sec. 126.605. The director of budget and management, in
consultation with the department of transportation, may retain or
contract for the services of commercial appraisers, engineers,
investment bankers, financial advisers, accounting experts, and
other consultants, independent contractors or providers of
professional services as are necessary in the judgment of the
director to carry out the director's powers and duties under
sections 126.60 to 126.605 of the Revised Code, including the
identification of highway services and any related projects to be
subject to invitations for qualifications or proposals under
sections 126.60 to 126.605 of the Revised Code, the development of
those invitations and related evaluation criteria, the evaluation
of those invitations, and negotiation of any contract under
sections 126.60 to 126.605 of the Revised Code.
Sec. 127.16. (A) Upon the request of either a state agency
or the director of budget and management and after the controlling
board determines that an emergency or a sufficient economic reason
exists, the controlling board may approve the making of a purchase
without competitive selection as provided in division (B) of this
section.
(B) Except as otherwise provided in this section, no state
agency, using money that has been appropriated to it directly,
shall:
(1) Make any purchase from a particular supplier, that would
amount to fifty thousand dollars or more when combined with both
the amount of all disbursements to the supplier during the fiscal
year for purchases made by the agency and the amount of all
outstanding encumbrances for purchases made by the agency from the
supplier, unless the purchase is made by competitive selection or
with the approval of the controlling board;
(2) Lease real estate from a particular supplier, if the
lease would amount to seventy-five thousand dollars or more when
combined with both the amount of all disbursements to the supplier
during the fiscal year for real estate leases made by the agency
and the amount of all outstanding encumbrances for real estate
leases made by the agency from the supplier, unless the lease is
made by competitive selection or with the approval of the
controlling board.
(C) Any person who authorizes a purchase in violation of
division (B) of this section shall be liable to the state for any
state funds spent on the purchase, and the attorney general shall
collect the amount from the person.
(D) Nothing in division (B) of this section shall be
construed as:
(1) A limitation upon the authority of the director of
transportation as granted in sections 5501.17, 5517.02, and
5525.14 of the Revised Code;
(2) Applying to medicaid provider agreements under Chapter
5111. of the Revised Code;
(3) Applying to the purchase of examinations from a sole
supplier by a state licensing board under Title XLVII of the
Revised Code;
(4) Applying to entertainment contracts for the Ohio state
fair entered into by the Ohio expositions commission, provided
that the controlling board has given its approval to the
commission to enter into such contracts and has approved a total
budget amount for such contracts as agreed upon by commission
action, and that the commission causes to be kept itemized records
of the amounts of money spent under each contract and annually
files those records with the clerk of the house of representatives
and the clerk of the senate following the close of the fair;
(5) Limiting the authority of the chief of the division of
mineral resources management to contract for reclamation work with
an operator mining adjacent land as provided in section 1513.27 of
the Revised Code;
(6) Applying to investment transactions and procedures of any
state agency, except that the agency shall file with the board the
name of any person with whom the agency contracts to make, broker,
service, or otherwise manage its investments, as well as the
commission, rate, or schedule of charges of such person with
respect to any investment transactions to be undertaken on behalf
of the agency. The filing shall be in a form and at such times as
the board considers appropriate.
(7) Applying to purchases made with money for the per cent
for arts program established by section 3379.10 of the Revised
Code;
(8) Applying to purchases made by the rehabilitation services
commission of services, or supplies, that are provided to persons
with disabilities, or to purchases made by the commission in
connection with the eligibility determinations it makes for
applicants of programs administered by the social security
administration;
(9) Applying to payments by the department of job and family
services under section 5111.13 of the Revised Code for group
health plan premiums, deductibles, coinsurance, and other
cost-sharing expenses;
(10) Applying to any agency of the legislative branch of the
state government;
(11) Applying to agreements or contracts entered into under
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the
Revised Code;
(12) Applying to purchases of services by the adult parole
authority under section 2967.14 of the Revised Code or by the
department of youth services under section 5139.08 of the Revised
Code;
(13) Applying to dues or fees paid for membership in an
organization or association;
(14) Applying to purchases of utility services pursuant to
section 9.30 of the Revised Code;
(15) Applying to purchases made in accordance with rules
adopted by the department of administrative services of motor
vehicle, aviation, or watercraft fuel, or emergency repairs of
such vehicles;
(16) Applying to purchases of tickets for passenger air
transportation;
(17) Applying to purchases necessary to provide public
notifications required by law or to provide notifications of job
openings;
(18) Applying to the judicial branch of state government;
(19) Applying to purchases of liquor for resale by the
division of liquor control;
(20) Applying to purchases of motor courier and freight
services made in accordance with department of administrative
services rules;
(21) Applying to purchases from the United States postal
service and purchases of stamps and postal meter replenishment
from vendors at rates established by the United States postal
service;
(22) Applying to purchases of books, periodicals, pamphlets,
newspapers, maintenance subscriptions, and other published
materials;
(23) Applying to purchases from other state agencies,
including state-assisted institutions of higher education;
(24) Limiting the authority of the director of environmental
protection to enter into contracts under division (D) of section
3745.14 of the Revised Code to conduct compliance reviews, as
defined in division (A) of that section;
(25) Applying to purchases from a qualified nonprofit agency
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of
the Revised Code;
(26) Applying to payments by the department of job and family
services to the United States department of health and human
services for printing and mailing notices pertaining to the tax
refund offset program of the internal revenue service of the
United States department of the treasury;
(27) Applying to contracts entered into by the department of
developmental disabilities under section 5123.18 of the Revised
Code;
(28) Applying to payments made by the department of mental
health under a physician recruitment program authorized by section
5119.101 of the Revised Code;
(29) Applying to contracts entered into with persons by the
director of commerce for unclaimed funds collection and remittance
efforts as provided in division (F) of section 169.03 of the
Revised Code. The director shall keep an itemized accounting of
unclaimed funds collected by those persons and amounts paid to
them for their services.
(30) Applying to purchases made by a state institution of
higher education in accordance with the terms of a contract
between the vendor and an inter-university purchasing group
comprised of purchasing officers of state institutions of higher
education;
(31) Applying to the department of job and family services'
purchases of health assistance services under the children's
health insurance program part I provided for under section 5101.50
of the Revised Code, the children's health insurance program part
II provided for under section 5101.51 of the Revised Code, or the
children's health insurance program part III provided for under
section 5101.52 of the Revised Code, or the children's buy-in
program provided for under sections 5101.5211 to 5101.5216 of the
Revised Code;
(32) Applying to payments by the attorney general from the
reparations fund to hospitals and other emergency medical
facilities for performing medical examinations to collect physical
evidence pursuant to section 2907.28 of the Revised Code;
(33) Applying to contracts with a contracting authority or
administrative receiver under division (B) of section 5126.056 of
the Revised Code;
(34) Applying to purchases of goods and services by the
department of veterans services in accordance with the terms of
contracts entered into by the United States department of veterans
affairs;
(35) Applying to payments by the superintendent of the bureau
of criminal identification and investigation to the federal bureau
of investigation for criminal records checks pursuant to section
109.572 of the Revised Code.
(E) When determining whether a state agency has reached the
cumulative purchase thresholds established in divisions (B)(1) and
(2) of this section, all of the following purchases by such agency
shall not be considered:
(1) Purchases made through competitive selection or with
controlling board approval;
(2) Purchases listed in division (D) of this section;
(3) For the purposes of the threshold of division (B)(1) of
this section only, leases of real estate.
(F) As used in this section, "competitive selection,"
"purchase," "supplies," and "services" have the same meanings as
in section 125.01 of the Revised Code.
Sec. 131.44. (A) As used in this section:
(1) "Surplus revenue" means the excess, if any, of the total
fund balance over the required year-end balance.
(2) "Total fund balance" means the sum of the unencumbered
balance in the general revenue fund on the last day of the
preceding fiscal year plus the balance in the budget stabilization
fund.
(3) "Required year-end balance" means the sum of the
following:
(a) Five per cent of the general revenue fund revenues for
the preceding fiscal year;
(b) "Ending fund balance," which means one-half of one per
cent of general revenue fund revenues for the preceding fiscal
year;
(c) "Carryover balance," which means, with respect to a
fiscal biennium, the excess, if any, of the estimated general
revenue fund appropriation and transfer requirement for the second
fiscal year of the biennium over the estimated general revenue
fund revenue for that fiscal year;
(d) "Capital appropriation reserve," which means the amount,
if any, of general revenue fund capital appropriations made for
the current biennium that the director of budget and management
has determined will be encumbered or disbursed;
(e) "Income tax reduction impact reserve," which means an
amount equal to the reduction projected by the director of budget
and management in income tax revenue in the current fiscal year
attributable to the previous reduction in the income tax rate made
by the tax commissioner pursuant to division (B) of section
5747.02 of the Revised Code.
(4) "Estimated general revenue fund appropriation and
transfer requirement" means the most recent adjusted
appropriations made by the general assembly from the general
revenue fund and includes both of the following:
(a) Appropriations made and transfers of appropriations from
the first fiscal year to the second fiscal year of the biennium in
provisions of acts of the general assembly signed by the governor
but not yet effective;
(b) Transfers of appropriation appropriations from the first
fiscal year to the second fiscal year of the biennium approved by
the controlling board.
(5) "Estimated general revenue fund revenue" means the most
recent such estimate available to the director of budget and
management.
(B)(1) Not later than the thirty-first day of July each year,
the director of budget and management shall determine the surplus
revenue that existed on the preceding thirtieth day of June and
transfer from the general revenue fund, to the extent of the
unobligated, unencumbered balance on the preceding thirtieth day
of June in excess of one-half of one per cent of the general
revenue fund revenues in the preceding fiscal year, the following:
(a) First, to the budget stabilization fund, any amount
necessary for the balance of the budget stabilization fund to
equal five per cent of the general revenue fund revenues of the
preceding fiscal year;
(b) Then, to the income tax reduction fund, which is hereby
created in the state treasury, an amount equal to the surplus
revenue.
(2) Not later than the thirty-first day of July each year,
the director shall determine the percentage that the balance in
the income tax reduction fund is of the amount of revenue that the
director estimates will be received from the tax levied under
section 5747.02 of the Revised Code in the current fiscal year
without regard to any reduction under division (B) of that
section. If that percentage exceeds thirty-five one hundredths of
one per cent, the director shall certify the percentage to the tax
commissioner not later than the thirty-first day of July.
(C) The director of budget and management shall transfer
money in the income tax reduction fund to the general revenue
fund, the local government fund, and the public library fund as
necessary to offset revenue reductions resulting from the
reductions in taxes required under division (B) of section 5747.02
of the Revised Code in the respective amounts and percentages
prescribed by division (A) of section 5747.03 and divisions (A)(B)
and (B)(C) of section 131.51 of the Revised Code as if the amount
transferred had been collected as taxes under Chapter 5747. of the
Revised Code. If no reductions in taxes are made under that
division that affect revenue received in the current fiscal year,
the director shall not transfer money from the income tax
reduction fund to the general revenue fund, the local government
fund, and the public library fund.
Sec. 131.51. (A) Beginning January 2008, on On or before
July 5, 2013, the tax commissioner shall compute the following
amounts and certify those amounts to the director of budget and
management:
(1) A percentage calculated by multiplying one hundred by the
quotient obtained by dividing the total amount credited to the
local government fund in fiscal year 2013 by the total amount of
tax revenue credited to the general revenue fund in fiscal year
2013. The percentage shall be rounded to the nearest one-hundredth
of one per cent.
(2) A percentage calculated by multiplying one hundred by the
quotient obtained by dividing the total amount credited to the
public library fund in fiscal year 2013 by the total amount of tax
revenue credited to the general revenue fund in fiscal year 2013.
The percentage shall be rounded to the nearest one-hundredth of
one per cent.
(B) On or before the
fifth
seventh day of each month, the
director of budget and management shall credit to the local
government fund three and sixty-eight one hundredths per cent of
an amount equal to the product obtained by multiplying the
percentage calculated under division (A)(1) of this section by the
total tax revenue credited to the general revenue fund during the
preceding month. In determining the total tax revenue credited to
the general revenue fund during the preceding month, the director
shall include amounts transferred from that fund during the
preceding month pursuant to divisions (A) and (B) of this section.
Money shall be distributed from the local government fund as
required under section 5747.50 of the Revised Code during the same
month in which it is credited to the fund.
(B) Beginning January 2008, on (C) On or before the fifth
seventh day of each month, the director of budget and management
shall credit to the public library fund, two and twenty-two one
hundredths per cent of an amount equal to the product obtained by
multiplying the percentage calculated under division (A)(2) of
this section by the total tax revenue credited to the general
revenue fund during the preceding month.
In determining the total
tax revenue credited to the general revenue fund during the
preceding month, the director shall include amounts transferred
from that fund during the preceding month pursuant to divisions
(A) and (B) of this section. Money shall be distributed from the
public library fund as required under section 5747.47 of the
Revised Code during the same month in which it is credited to the
fund.
(C)(D) The director of budget and management shall develop a
schedule identifying the specific tax revenue sources to be used
to make the monthly transfers required under divisions (A)(B) and
(B)(C) of this section. The director may, from time to time,
revise the schedule as the director considers necessary.
Sec. 133.06. (A) A school district shall not incur, without
a vote of the electors, net indebtedness that exceeds an amount
equal to one-tenth of one per cent of its tax valuation, except as
provided in divisions (G) and (H) of this section and in division
(C) of section 3313.372 of the Revised Code, or as prescribed in
section 3318.052 or 3318.44 of the Revised Code, or as provided in
division (J) of this section.
(B) Except as provided in divisions (E), (F), and (I) of this
section, a school district shall not incur net indebtedness that
exceeds an amount equal to nine per cent of its tax valuation.
(C) A school district shall not submit to a vote of the
electors the question of the issuance of securities in an amount
that will make the district's net indebtedness after the issuance
of the securities exceed an amount equal to four per cent of its
tax valuation, unless the superintendent of public instruction,
acting under policies adopted by the state board of education, and
the tax commissioner, acting under written policies of the
commissioner, consent to the submission. A request for the
consents shall be made at least one hundred twenty days prior to
the election at which the question is to be submitted.
The superintendent of public instruction shall certify to the
district the superintendent's and the tax commissioner's decisions
within thirty days after receipt of the request for consents.
If the electors do not approve the issuance of securities at
the election for which the superintendent of public instruction
and tax commissioner consented to the submission of the question,
the school district may submit the same question to the electors
on the date that the next special election may be held under
section 3501.01 of the Revised Code without submitting a new
request for consent. If the school district seeks to submit the
same question at any other subsequent election, the district shall
first submit a new request for consent in accordance with this
division.
(D) In calculating the net indebtedness of a school district,
none of the following shall be considered:
(1) Securities issued to acquire school buses and other
equipment used in transporting pupils or issued pursuant to
division (D) of section 133.10 of the Revised Code;
(2) Securities issued under division (F) of this section,
under section 133.301 of the Revised Code, and, to the extent in
excess of the limitation stated in division (B) of this section,
under division (E) of this section;
(3) Indebtedness resulting from the dissolution of a joint
vocational school district under section 3311.217 of the Revised
Code, evidenced by outstanding securities of that joint vocational
school district;
(4) Loans, evidenced by any securities, received under
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the
Revised Code;
(5) Debt incurred under section 3313.374 of the Revised Code;
(6) Debt incurred pursuant to division (B)(5) of section
3313.37 of the Revised Code to acquire computers and related
hardware;
(7) Debt incurred under section 3318.042 of the Revised Code.
(E) A school district may become a special needs district as
to certain securities as provided in division (E) of this section.
(1) A board of education, by resolution, may declare its
school district to be a special needs district by determining both
of the following:
(a) The student population is not being adequately serviced
by the existing permanent improvements of the district.
(b) The district cannot obtain sufficient funds by the
issuance of securities within the limitation of division (B) of
this section to provide additional or improved needed permanent
improvements in time to meet the needs.
(2) The board of education shall certify a copy of that
resolution to the superintendent of public instruction with a
statistical report showing all of the following:
(a) A history of and a projection of the growth of the
student population;
(b) The history of and a projection of the growth of the tax
valuation;
(d) The estimated cost of permanent improvements proposed to
meet such projected needs.
(3) The superintendent of public instruction shall certify
the district as an approved special needs district if the
superintendent finds both of the following:
(a) The district does not have available sufficient
additional funds from state or federal sources to meet the
projected needs.
(b) The projection of the potential average growth of tax
valuation during the next five years, according to the information
certified to the superintendent and any other information the
superintendent obtains, indicates a likelihood of potential
average growth of tax valuation of the district during the next
five years of an average of not less than three per cent per year.
The findings and certification of the superintendent shall be
conclusive.
(4) An approved special needs district may incur net
indebtedness by the issuance of securities in accordance with the
provisions of this chapter in an amount that does not exceed an
amount equal to the greater of the following:
(a) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage by which the tax valuation has increased over the
tax valuation on the first day of the sixtieth month preceding the
month in which its board determines to submit to the electors the
question of issuing the proposed securities;
(b) Nine per cent of the sum of its tax valuation plus an
amount that is the product of multiplying that tax valuation by
the percentage, determined by the superintendent of public
instruction, by which that tax valuation is projected to increase
during the next ten years.
(F) A school district may issue securities for emergency
purposes, in a principal amount that does not exceed an amount
equal to three per cent of its tax valuation, as provided in this
division.
(1) A board of education, by resolution, may declare an
emergency if it determines both of the following:
(a) School buildings or other necessary school facilities in
the district have been wholly or partially destroyed, or condemned
by a constituted public authority, or that such buildings or
facilities are partially constructed, or so constructed or planned
as to require additions and improvements to them before the
buildings or facilities are usable for their intended purpose, or
that corrections to permanent improvements are necessary to remove
or prevent health or safety hazards.
(b) Existing fiscal and net indebtedness limitations make
adequate replacement, additions, or improvements impossible.
(2) Upon the declaration of an emergency, the board of
education may, by resolution, submit to the electors of the
district pursuant to section 133.18 of the Revised Code the
question of issuing securities for the purpose of paying the cost,
in excess of any insurance or condemnation proceeds received by
the district, of permanent improvements to respond to the
emergency need.
(3) The procedures for the election shall be as provided in
section 133.18 of the Revised Code, except that:
(a) The form of the ballot shall describe the emergency
existing, refer to this division as the authority under which the
emergency is declared, and state that the amount of the proposed
securities exceeds the limitations prescribed by division (B) of
this section;
(b) The resolution required by division (B) of section 133.18
of the Revised Code shall be certified to the county auditor and
the board of elections at least one hundred days prior to the
election;
(c) The county auditor shall advise and, not later than
ninety-five days before the election, confirm that advice by
certification to, the board of education of the information
required by division (C) of section 133.18 of the Revised Code;
(d) The board of education shall then certify its resolution
and the information required by division (D) of section 133.18 of
the Revised Code to the board of elections not less than ninety
days prior to the election.
(4) Notwithstanding division (B) of section 133.21 of the
Revised Code, the first principal payment of securities issued
under this division may be set at any date not later than sixty
months after the earliest possible principal payment otherwise
provided for in that division.
(G) The board of education may contract with an architect,
professional engineer, or other person experienced in the design
and implementation of energy conservation measures for an analysis
and recommendations pertaining to installations, modifications of
installations, or remodeling that would significantly reduce
energy consumption in buildings owned by the district. The report
shall include estimates of all costs of such installations,
modifications, or remodeling, including costs of design,
engineering, installation, maintenance, repairs, and debt service,
forgone residual value of materials or equipment replaced by the
energy conservation measure, as defined by the Ohio school
facilities commission, a baseline analysis of actual energy
consumption data for the preceding five years, and estimates of
the amounts by which energy consumption and resultant operational
and maintenance costs, as defined by the
Ohio school facilities
commission, would be reduced.
If the board finds after receiving the report that the amount
of money the district would spend on such installations,
modifications, or remodeling is not likely to exceed the amount of
money it would save in energy and resultant operational and
maintenance costs over the ensuing fifteen years, the board may
submit to the commission a copy of its findings and a request for
approval to incur indebtedness to finance the making or
modification of installations or the remodeling of buildings for
the purpose of significantly reducing energy consumption.
If the commission determines that the board's findings are
reasonable, it shall approve the board's request. Upon receipt of
the commission's approval, the district may issue securities
without a vote of the electors in a principal amount not to exceed
nine-tenths of one per cent of its tax valuation for the purpose
of making such installations, modifications, or remodeling, but
the total net indebtedness of the district without a vote of the
electors incurred under this and all other sections of the Revised
Code, except section 3318.052 of the Revised Code, shall not
exceed one per cent of the district's tax valuation.
So long as any securities issued under division (G) of this
section remain outstanding, the board of education shall monitor
the energy consumption and resultant operational and maintenance
costs of buildings in which installations or modifications have
been made or remodeling has been done pursuant to division (G) of
this section and shall maintain and annually update a report
documenting the reductions in energy consumption and resultant
operational and maintenance cost savings attributable to such
installations, modifications, or remodeling. The report shall be
certified by an architect or engineer independent of any person
that provided goods or services to the board in connection with
the energy conservation measures that are the subject of the
report. The resultant operational and maintenance cost savings
shall be certified by the school district treasurer. The report
shall be made available submitted annually to the commission upon
request.
(H) With the consent of the superintendent of public
instruction, a school district may incur without a vote of the
electors net indebtedness that exceeds the amounts stated in
divisions (A) and (G) of this section for the purpose of paying
costs of permanent improvements, if and to the extent that both of
the following conditions are satisfied:
(1) The fiscal officer of the school district estimates that
receipts of the school district from payments made under or
pursuant to agreements entered into pursuant to section 725.02,
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised
Code, or distributions under division (C) of section 5709.43 of
the Revised Code, or any combination thereof, are, after
accounting for any appropriate coverage requirements, sufficient
in time and amount, and are committed by the proceedings, to pay
the debt charges on the securities issued to evidence that
indebtedness and payable from those receipts, and the taxing
authority of the district confirms the fiscal officer's estimate,
which confirmation is approved by the superintendent of public
instruction;
(2) The fiscal officer of the school district certifies, and
the taxing authority of the district confirms, that the district,
at the time of the certification and confirmation, reasonably
expects to have sufficient revenue available for the purpose of
operating such permanent improvements for their intended purpose
upon acquisition or completion thereof, and the superintendent of
public instruction approves the taxing authority's confirmation.
The maximum maturity of securities issued under division (H)
of this section shall be the lesser of twenty years or the maximum
maturity calculated under section 133.20 of the Revised Code.
(I) A school district may incur net indebtedness by the
issuance of securities in accordance with the provisions of this
chapter in excess of the limit specified in division (B) or (C) of
this section when necessary to raise the school district portion
of the basic project cost and any additional funds necessary to
participate in a project under Chapter 3318. of the Revised Code,
including the cost of items designated by the Ohio school
facilities commission as required locally funded initiatives and
the cost for site acquisition. The school facilities commission
shall notify the superintendent of public instruction whenever a
school district will exceed either limit pursuant to this
division.
(J) A school district whose portion of the basic project cost
of its classroom facilities project under sections 3318.01 to
3318.20 of the Revised Code is greater than or equal to one
hundred million dollars may incur without a vote of the electors
net indebtedness in an amount up to two per cent of its tax
valuation through the issuance of general obligation securities in
order to generate all or part of the amount of its portion of the
basic project cost if the controlling board has approved the
school facilities commission's conditional approval of the project
under section 3318.04 of the Revised Code. The school district
board and the Ohio school facilities commission shall include the
dedication of the proceeds of such securities in the agreement
entered into under section 3318.08 of the Revised Code. No state
moneys shall be released for a project to which this section
applies until the proceeds of any bonds issued under this section
that are dedicated for the payment of the school district portion
of the project are first deposited into the school district's
project construction fund.
Sec. 133.20. (A) This section applies to bonds that are
general obligation Chapter 133. securities. If the bonds are
payable as to principal by provision for annual installments, the
period of limitations on their last maturity, referred to as their
maximum maturity, shall be measured from a date twelve months
prior to the first date on which provision for payment of
principal is made. If the bonds are payable as to principal by
provision for semiannual installments, the period of limitations
on their last maturity shall be measured from a date six months
prior to the first date on which provision for payment of
principal is made.
(B) Bonds issued for the following permanent improvements or
for permanent improvements for the following purposes shall have
maximum maturities not exceeding the number of years stated:
(a) The clearance and preparation of real property for
redevelopment as an urban redevelopment project;
(b) Acquiring, constructing, widening, relocating, enlarging,
extending, and improving a publicly owned railroad or line of
railway or a light or heavy rail rapid transit system, including
related bridges, overpasses, underpasses, and tunnels, but not
including rolling stock or equipment;
(c) Pursuant to section 307.675 of the Revised Code,
constructing or repairing a bridge using long life expectancy
material for the bridge deck, and purchasing, installing, and
maintaining any performance equipment to monitor the physical
condition of a bridge so constructed or repaired. Additionally,
the average maturity of the bonds shall not exceed the expected
useful life of the bridge deck as determined by the county
engineer under that section.
(a) General waterworks or water system permanent
improvements, including buildings, water mains, or other
structures and facilities in connection therewith;
(b) Sewers or sewage treatment or disposal works or
facilities, including fireproof buildings or other structures in
connection therewith;
(c) Storm water drainage, surface water, and flood prevention
facilities.
(a) An arena, a convention center, or a combination of an
arena and convention center under section 307.695 of the Revised
Code;
(a) Municipal recreation, excluding recreational equipment;
(b) Urban redevelopment projects;
(c) Acquisition of real property, except as provided in
division (F) of this section;
(d) Street or alley lighting purposes or relocating overhead
wires, cables, and appurtenant equipment underground.
(5) Twenty years: constructing, reconstructing, widening,
opening, improving, grading, draining, paving, extending, or
changing the line of roads, highways, expressways, freeways,
streets, sidewalks, alleys, or curbs and gutters, and related
bridges, viaducts, overpasses, underpasses, grade crossing
eliminations, service and access highways, and tunnels.
(a) Resurfacing roads, highways, streets, or alleys;
(b) Alarm, telegraph, or other communications systems for
police or fire departments or other emergency services;
(c) Passenger buses used for mass transportation;
(d) Energy conservation measures as authorized by section
133.06 of the Revised Code.
(b) Fire department apparatus and equipment;
(c) Road rollers and other road construction and servicing
vehicles;
(d) Furniture, equipment, and furnishings;
(e) Landscape planting and other site improvements;
(f) Playground, athletic, and recreational equipment and
apparatus;
(g) Energy conservation measures as authorized by section
505.264 of the Revised Code.
(8) Five years: New motor vehicles other than those described
in any other division of this section and those for which
provision is made in other provisions of the Revised Code.
(C) Bonds issued for any permanent improvements not within
the categories set forth in division (B) of this section shall
have maximum maturities of from five to thirty years as the fiscal
officer estimates is the estimated life or period of usefulness of
those permanent improvements. Bonds issued under section 133.51 of
the Revised Code for purposes other than permanent improvements
shall have the maturities, not to exceed forty years, that the
taxing authority shall specify. Bonds issued for energy
conservation measures under section 307.041 of the Revised Code
shall have maximum maturities not exceeding the lesser of the
average life of the energy conservation measures as detailed in
the energy conservation report prepared under that section or
thirty years.
(D) Securities issued under section 505.265 of the Revised
Code shall mature not later than December 31, 2035.
(E) A securities issue for one purpose may include permanent
improvements within two or more categories under divisions (B) and
(C) of this section. The maximum maturity of such a bond issue
shall not exceed the average number of years of life or period of
usefulness of the permanent improvements as measured by the
weighted average of the amounts expended or proposed to be
expended for the categories of permanent improvements.
(F) Securities issued by a school district or county to
acquire or construct real property shall have a maximum maturity
longer than thirty years, but not longer than forty years, if the
school district's fiscal officer of the school district or county
estimates the real property's useful life to be longer than thirty
years, and certifies that estimate to the board of education or
board of county commissioners, respectively.
Sec. 135.61. As used in sections 135.61 to 135.67 of the
Revised Code:
(A) "Eligible small business" means any person, including,
but not limited to a person engaged in agriculture, that has all
of the following characteristics:
(1) Is headquartered in this state;
(2) Maintains offices and operating facilities exclusively in
this state and transacts business in this state;
(3) Employs fewer than one hundred fifty employees, the
majority of whom are residents of this state;
(4) Is organized for profit.
(B) "Eligible lending institution" means a financial
institution that is eligible to make commercial loans, is a public
depository of state funds under section 135.03 of the Revised
Code, and agrees to participate in the linked deposit program.
(C) "Linked deposit" means a certificate of deposit or other
financial institution instrument placed by the treasurer of state
with an eligible lending institution at a rate below current
market rates, as determined and calculated by the treasurer of
state, provided the institution agrees to lend the value of such
deposit, according to the deposit agreement provided in division
(C) of section 135.65 of the Revised Code, to eligible small
businesses at a rate that reflects an equal percentage rate
reduction below the present borrowing rate applicable to each
specific business at the time of the deposit of state funds in the
institution.
(D) "Other financial institution instrument" has the same
meaning as in section 135.81 of the Revised Code.
Sec. 135.65. (A) The treasurer of state may accept or reject
a linked deposit loan package or any portion thereof, based on the
treasurer's evaluation of the eligible small businesses included
in the package and the amount of state funds to be deposited. When
evaluating the eligible small businesses, the treasurer shall give
priority to the economic needs of the area where the business is
located and the ratio of state funds to be deposited to jobs
sustained or created and shall also consider any reports,
statements, or plans applicable to the business, the overall
financial need of the business, and such other factors as the
treasurer considers appropriate.
(B) Upon acceptance of the linked deposit loan package or any
portion thereof, the treasurer of state may place certificates of
deposit or other financial institution instruments with the
eligible lending institution at a rate below current market rates,
as determined and calculated by the treasurer of state. When
necessary, the treasurer may place certificates of deposit or
other financial institution instruments prior to acceptance of a
linked deposit loan package.
(C) The eligible lending institution shall enter into a
deposit agreement with the treasurer of state, which shall include
requirements necessary to carry out the purposes of sections
135.61 to 135.67 of the Revised Code. Such requirements shall
reflect the market conditions prevailing in the eligible lending
institution's lending area. The agreement may include a
specification of the period of time in which the lending
institution is to lend funds upon the placement of a linked
deposit, and shall include provisions for the certificates of
deposit or other financial institution instruments to be placed
for any maturity considered appropriate by the treasurer of state
not to exceed two years, and may be renewed for up to an
additional two years at the option of the treasurer. Interest
shall be paid at the times determined by the treasurer of state.
(D) Eligible lending institutions shall comply fully with
Chapter 135. of the Revised Code.
Sec. 135.66. (A) Upon the placement of a linked deposit with
an eligible lending institution, such institution is required to
lend such funds to each approved eligible small business listed in
the linked deposit loan package required by division (D) of
section 135.64 of the Revised Code and in accordance with the
deposit agreement required by division (C) of section 135.65 of
the Revised Code. The loan shall be at a rate that reflects a
percentage rate reduction below the present borrowing rate
applicable to each business that is equal to the percentage rate
reduction below market rates at which the certificate certificates
of
deposits
deposit or other financial institution instruments
that constitute the linked deposit were placed. A certification of
compliance with this section in the form and manner as prescribed
by the treasurer of state shall be required of the eligible
lending institution.
(B) The treasurer of state shall take any and all steps
necessary to implement the linked deposit program and monitor
compliance of eligible lending institutions and eligible small
businesses, including the development of guidelines as necessary.
The treasurer of state and the department of development shall
notify each other at least quarterly of the names of the
businesses receiving financial assistance from their respective
programs.
Annually, by the first day of February, the treasurer of
state shall report on the linked deposits program for the
preceding calendar year to the governor, the speaker of the house
of representatives, and the president of the senate. The speaker
of the house shall transmit copies of this report to the
chairpersons of the standing committees in the house which
customarily consider legislation regarding agriculture and small
business, and the president of the senate shall transmit copies of
this report to the chairpersons of the standing committees in the
senate which customarily consider legislation regarding
agriculture and small business. The report shall set forth the
linked deposits made by the treasurer of state under the program
during the year and shall include information regarding the
nature, terms, and amounts of the loans upon which the linked
deposits were based and the eligible small businesses to which the
loans were made.
Sec. 145.27. (A)(1) As used in this division, "personal
history record" means information maintained by the public
employees retirement board on an individual who is a member,
former member, contributor, former contributor, retirant, or
beneficiary that includes the address, telephone number, social
security number, record of contributions, correspondence with the
public employees retirement system, or other information the board
determines to be confidential.
(2) The records of the board shall be open to public
inspection, except that the following shall be excluded, except
with the written authorization of the individual concerned:
(a) The individual's statement of previous service and other
information as provided for in section 145.16 of the Revised Code;
(b) The amount of a monthly allowance or benefit paid to the
individual;
(c) The individual's personal history record.
(B) All medical reports and recommendations required by this
chapter are privileged, except that copies of such medical reports
or recommendations shall be made available to the personal
physician, attorney, or authorized agent of the individual
concerned upon written release from the individual or the
individual's agent, or when necessary for the proper
administration of the fund, to the board assigned physician.
(C) Any person who is a member or contributor of the system
shall be furnished with a statement of the amount to the credit of
the individual's account upon written request. The board is not
required to answer more than one such request of a person in any
one year. The board may issue annual statements of accounts to
members and contributors.
(D) Notwithstanding the exceptions to public inspection in
division (A)(2) of this section, the board may furnish the
following information:
(1) If a member, former member, contributor, former
contributor, or retirant is subject to an order issued under
section 2907.15 of the Revised Code or an order issued under
division (A) or (B) of section 2929.192 of the Revised Code or is
convicted of or pleads guilty to a violation of section 2921.41 of
the Revised Code, on written request of a prosecutor as defined in
section 2935.01 of the Revised Code, the board shall furnish to
the prosecutor the information requested from the individual's
personal history record.
(2) Pursuant to a court or administrative order issued
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised
Code, the board shall furnish to a court or child support
enforcement agency the information required under that section.
(3) At the written request of any person, the board shall
provide to the person a list of the names and addresses of
members, former members, contributors, former contributors,
retirants, or beneficiaries. The costs of compiling, copying, and
mailing the list shall be paid by such person.
(4) Within fourteen days after receiving from the director of
job and family services a list of the names and social security
numbers of recipients of public assistance pursuant to section
5101.181 of the Revised Code, the board shall inform the auditor
of state of the name, current or most recent employer address, and
social security number of each member whose name and social
security number are the same as that of a person whose name or
social security number was submitted by the director. The board
and its employees shall, except for purposes of furnishing the
auditor of state with information required by this section,
preserve the confidentiality of recipients of public assistance in
compliance with division (A) of section 5101.181 of the Revised
Code.
(5) The system shall comply with orders issued under section
3105.87 of the Revised Code.
On the written request of an alternate payee, as defined in
section 3105.80 of the Revised Code, the system shall furnish to
the alternate payee information on the amount and status of any
amounts payable to the alternate payee under an order issued under
section 3105.171 or 3105.65 of the Revised Code.
(6) At the request of any person, the board shall make
available to the person copies of all documents, including
resumes, in the board's possession regarding filling a vacancy of
an employee member or retirant member of the board. The person who
made the request shall pay the cost of compiling, copying, and
mailing the documents. The information described in division
(D)(6) of this section is a public record.
(E) A statement that contains information obtained from the
system's records that is signed by the executive director or an
officer of the system and to which the system's official seal is
affixed, or copies of the system's records to which the signature
and seal are attached, shall be received as true copies of the
system's records in any court or before any officer of this state.
Sec. 149.01. Each elective state officer, the adjutant
general, the adult parole authority, the department of
agriculture, the director of administrative services, the public
utilities commission, the superintendent of insurance, the
superintendent of financial institutions, the superintendent of
purchases and printing, the state commissioner of soldiers'
claims, the fire marshal, the industrial commission, the
administrator of workers' compensation, the state department of
transportation, the department of health, the state medical board,
the state dental board, the board of embalmers and funeral
directors, the Ohio commission for the blind, the accountancy
board of Ohio, the state council of uniform state laws, the board
of commissioners of the sinking fund, the department of taxation,
the board of tax appeals, the clerk of the supreme court, the
division of liquor control, the director of state armories, the
trustees of the Ohio state university, and every private or
quasi-public institution, association, board, or corporation
receiving state money for its use and purpose shall make annually,
at the end of each fiscal year, in quadruplicate, a report of the
transactions and proceedings of that office or department for that
fiscal year, excepting receipts and disbursements unless otherwise
specifically required by law. The report shall contain a summary
of the official acts of the officer, board, council, commission,
institution, association, or corporation and any suggestions and
recommendations that are proper. On the first day of August of
each year, one of the reports shall be filed with the governor,
one with the secretary of state, and one with the state library,
and one shall be kept on file in the office of the officer, board,
council, commission, institution, association, or corporation.
Sec. 149.091. (A) Except as otherwise provided in division
(C) of this section, the The secretary of state shall compile,
publish, and distribute the session laws either annually or
biennially in a paper or electronic format a maximum of nine
hundred copies of the session laws. The annual or biennial
publication shall contain all enrolled acts and joint resolutions.
The secretary of state shall cause to be printed with each
compilation of enrolled acts and joint resolutions distributed, a
subject index, a table indicating Revised Code sections affected,
and the secretary of state's certificate that the laws, as
compiled and distributed, are true copies of the original enrolled
acts or joint resolutions in the secretary of state's office.
(B)(1) The secretary of state shall may distribute the
compilations paper or electronic format of the session laws in
free of charge to the following manner persons or entities:
(1) One shall be forwarded to each (a) Each county auditor.
(2) One shall be forwarded to each (b) Each county law
library.
(3) Two hundred may be distributed, free of charge, to (c)
Other public officials upon request of the public official.
(4) Remaining compilations may be sold by the secretary of
state at a price that shall not exceed the actual cost of
publication and distribution.
(B) Notwithstanding division (C) of this section, the
secretary of state shall compile, publish, and distribute, either
annually or biennially, in permanently bound volumes, a minimum of
twenty-five copies of the session laws. The annual or biennial
volumes shall contain copies of all enrolled acts and joint
resolutions. The secretary of state shall cause to be printed with
each volume of enrolled acts and joint resolutions distributed a
subject index, a table indicating Revised Code sections affected,
and the secretary of state's certificate that the laws so
assembled are true copies of the original enrolled acts or joint
resolutions in the secretary of state's office.
(2) The secretary of state shall distribute the permanently
bound volumes paper or electronic format of the session laws in
free of charge to the following manner persons or entities:
(1) Five copies shall be forwarded to the (a) The clerk of
the house of representatives.
(2) Five copies shall be forwarded to the (b) The clerk of
the senate.
(3) Five copies shall be forwarded to the (c) The legislative
service commission.
(4) Two copies shall be forwarded to the (d) The Ohio supreme
court.
(5) Two copies shall be forwarded to the (e) The document
division of the library of congress.
(6) Two copies shall be forwarded to the (f) The state
library.
(7) Two copies shall be forwarded to the (g) The Ohio
historical society.
(8) Two copies shall be retained by the The secretary of
state shall retain a paper or electronic format of the session
laws.
(C) The secretary of state annually or biennially may
compile, publish, and distribute the session laws in an electronic
format instead of compiling and publishing the session laws as
provided in division (A) of this section. If the secretary of
state compiles and publishes the session laws in an electronic
format, the following apply:
(1) The session laws in electronic format shall include
copies of all enrolled acts and joint resolutions and shall
contain a subject index and a table indicating Revised Code
sections affected.
(2) Each compilation of the session laws in electronic format
shall include the secretary of state's certificate that the laws
so compiled and published are true copies of the original enrolled
acts and joint resolutions in the secretary of state's office.
(3) The session laws may be distributed in an electronic
format to public officials free of charge.
(4) The session laws may be sold in an a paper or electronic
format to individuals or entities not specified in division (A) or
(B) of this section. The price shall not exceed the actual cost of
producing and distributing the session laws in an a paper or
electronic format.
Sec. 149.11. Any department, division, bureau, board, or
commission of the state government issuing a report, pamphlet,
document, or other publication intended for general public use and
distribution, which publication is reproduced by duplicating
processes such as mimeograph, multigraph, planograph, rotaprint,
or multilith, or printed internally or through a contract awarded
to any person, company, or the state printing division of the
department of administrative services, shall cause to be delivered
to the state library one hundred copies of the publication,
subject to the provisions of section 125.42 of the Revised Code.
The state library board shall distribute the publications so
received as follows:
(A) Retain two copies in the state library;
(B) Send two copies to the document division of the library
of congress;
(C) Send one copy to the Ohio historical society and to each
public or college library in the state designated by the state
library board to be a depository for state publications. In
designating which libraries shall be depositories, the board shall
select those libraries that can best preserve those publications
and that are so located geographically as will make the
publications conveniently accessible to residents in all areas of
the state.
(D) Send one copy to each state in exchange for like
publications of that state.
The provisions of this section shall do not apply to any
publication of the general assembly or to the publications
described in sections 149.07, 149.08, 149.091, and 149.17 of the
Revised Code, except that the secretary of state shall forward to
the document division of the library of congress two copies of all
journals, two copies of the session laws in bound form as provided
for in section 149.091 of the Revised Code, and two copies of all
appropriation laws in separate form.
Sec. 149.308. There is hereby created in the state treasury
the Ohio historical society income tax contribution fund, which
shall consist of money contributed to it under section 5747.113 of
the Revised Code for taxable years beginning on or after January
1, 2011, and of contributions made directly to it. Any person may
contribute directly to the fund in addition to or independently of
the income tax refund contribution system established in section
5747.113 of the Revised Code.
The Ohio historical society shall use money credited to the
fund in furtherance of the public functions with which the society
is charged under section 149.30 of the Revised Code.
Sec. 149.311. (A) As used in this section:
(1) "Historic building" means a building, including its
structural components, that is located in this state and that is
either individually listed on the national register of historic
places under 16 U.S.C. 470a, located in a registered historic
district, and certified by the state historic preservation officer
as being of historic significance to the district, or is
individually listed as a historic landmark designated by a local
government certified under 16 U.S.C. 470a(c).
(2) "Qualified rehabilitation expenditures" means
expenditures paid or incurred during the rehabilitation period,
and before and after that period as determined under 26 U.S.C. 47,
by an owner of a historic building to rehabilitate the building.
"Qualified rehabilitation expenditures" includes architectural or
engineering fees paid or incurred in connection with the
rehabilitation, and expenses incurred in the preparation of
nomination forms for listing on the national register of historic
places. "Qualified rehabilitation expenditures" does not include
any of the following:
(a) The cost of acquiring, expanding, or enlarging a historic
building;
(b) Expenditures attributable to work done to facilities
related to the building, such as parking lots, sidewalks, and
landscaping;
(c) New building construction costs.
(3) "Owner" of a historic building means a person holding the
fee simple interest in the building. "Owner" does not include the
state or a state agency, or any political subdivision as defined
in section 9.23 of the Revised Code.
(4) "Certificate owner" means the owner of a historic
building to which a rehabilitation tax credit certificate was
issued under this section.
(5) "Registered historic district" means a historic district
listed in the national register of historic places under 16 U.S.C.
470a, a historic district designated by a local government
certified under 16 U.S.C. 470a(c), or a local historic district
certified under 36 C.F.R. 67.8 and 67.9.
(6) "Rehabilitation" means the process of repairing or
altering a historic building or buildings, making possible an
efficient use while preserving those portions and features of the
building and its site and environment that are significant to its
historic, architectural, and cultural values.
(7) "Rehabilitation period" means one of the following:
(a) If the rehabilitation initially was not planned to be
completed in stages, a period chosen by the owner not to exceed
twenty-four months during which rehabilitation occurs;
(b) If the rehabilitation initially was planned to be
completed in stages, a period chosen by the owner not to exceed
sixty months during which rehabilitation occurs.
(8) "State historic preservation officer" or "officer" means
the state historic preservation officer appointed by the governor
under 16 U.S.C. 470a.
(9) "Application period" means any of the following time
periods for which an application for a rehabilitation tax credit
certificate may be filed under this section:
(a) July 1, 2007, through June 30, 2008;
(b) July 1, 2009, through June 30, 2010;
(c) July 1, 2010, through June 30, 2011.
(B) For any application period, the The owner of a historic
building may apply to the state historic preservation officer for
a rehabilitation tax credit certificate for qualified
rehabilitation expenditures paid or incurred after April 4, 2007,
for rehabilitation of a historic building. The form and manner of
filing such applications shall be prescribed by rule of the
director of development, and, except as otherwise provided in
division (D) of this section, applications expire at the end of
each application period. Each application shall state the amount
of qualified rehabilitation expenditures the applicant estimates
will be paid or incurred. The director may require applicants to
furnish documentation of such estimates.
The director, after consultation with the tax commissioner
and in accordance with Chapter 119. of the Revised Code, shall
adopt rules that establish all of the following:
(1) Forms and procedures by which applicants may apply for
rehabilitation tax credit certificates;
(2) Criteria for reviewing, evaluating, and approving
applications for certificates within the limitations under
division (D) of this section, criteria for assuring that the
certificates issued encompass a mixture of high and low qualified
rehabilitation expenditures, and criteria for issuing certificates
under division (C)(3)(b) of this section;
(3) Eligibility requirements for obtaining a certificate
under this section;
(4) The form of rehabilitation tax credit certificates;
(5) Reporting requirements and monitoring procedures;
(6) Any other rules necessary to implement and administer
this section.
(C) The state historic preservation officer shall accept
applications and forward them to the director of development, who
shall review the applications and determine whether all of the
following criteria are met:
(1) That the building that is the subject of the application
is a historic building and the applicant is the owner of the
building;
(2) That the rehabilitation will satisfy standards prescribed
by the United States secretary of the interior under 16 U.S.C.
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to
that section;
(3) That receiving a rehabilitation tax credit certificate
under this section is a major factor in:
(a) The applicant's decision to rehabilitate the historic
building; or
(b) To increase the level of investment in such
rehabilitation.
An applicant shall demonstrate to the satisfaction of the
state historic preservation officer and director of development
that the rehabilitation will satisfy the standards described in
division (C)(2) of this section before the applicant begins the
physical rehabilitation of the historic building.
(D)(1) The director of development may approve an application
and issue a rehabilitation tax credit certificate to an applicant
only if the director determines that the criteria in divisions
(C)(1), (2), and (3) of this section are met. The director shall
consider the potential economic impact and the regional
distributive balance of the credits throughout the state.
(2) A rehabilitation tax credit certificate shall not be
issued before rehabilitation of a historic building is completed
or for an amount greater than the estimated amount furnished by
the applicant on the application for such certificate and approved
by the director. The director shall not approve more than a total
of sixty twenty-five million dollars of rehabilitation tax credits
for an application period per fiscal year.
(3) Of the sixty million dollars approved for application
periods July 1, 2009, through June 30, 2010, and July 1, 2010,
through June 30, 2011, forty-five million dollars shall be
reserved in each application period for the award of
rehabilitation tax credit certificates to applicants who, as of
March 1, 2008, had filed completed applications that met the
criteria described in divisions (C)(1), (2), and (3) of this
section, who have not withdrawn the application, and who have not
yet been approved to receive a certificate. If the total amount of
credits awarded for such applications is less than forty-five
million dollars in an application period, the remainder shall be
made available for other qualifying applications for that
application period.
(4) If an applicant whose application is approved for receipt
of a rehabilitation tax credit certificate fails to provide to the
director of development sufficient evidence of reviewable
progress, including a viable financial plan, copies of final
construction drawings, and evidence that the applicant has
obtained all historic approvals within twelve months after the
date the applicant received notification of approval, or if the
applicant fails to provide evidence to the director of development
that the applicant has secured and closed on financing for the
rehabilitation within eighteen months after receiving notification
of approval, the director shall notify the applicant that the
approval has been rescinded. Credits that would have been
available to an applicant whose approval was rescinded shall be
available for other qualified applicants. Nothing in this division
prohibits an applicant whose approval has been rescinded from
submitting a new application for a rehabilitation tax credit
certificate.
(E) Issuance of a certificate represents a finding by the
director of development of the matters described in divisions
(C)(1), (2), and (3) of this section only; issuance of a
certificate does not represent a verification or certification by
the director of the amount of qualified rehabilitation
expenditures for which a tax credit may be claimed under section
5725.151, 5733.47, or 5747.76 of the Revised Code. The amount of
qualified rehabilitation expenditures for which a tax credit may
be claimed is subject to inspection and examination by the tax
commissioner or employees of the commissioner under section
5703.19 of the Revised Code and any other applicable law. Upon the
issuance of a certificate, the director shall certify to the tax
commissioner, in the form and manner requested by the tax
commissioner, the name of the applicant, the amount of qualified
rehabilitation expenditures shown on the certificate, and any
other information required by the rules adopted under this
section.
(F)(1) On or before the first day of December in 2007, 2008,
2009, 2010, and 2011 each year, the director of development and
tax commissioner jointly shall submit to the president of the
senate and the speaker of the house of representatives a report on
the tax credit program established under this section and sections
5725.151, 5733.47, and 5747.76 of the Revised Code. The report
shall present an overview of the program and shall include
information on the number of rehabilitation tax credit
certificates issued under this section during an application
period the preceding fiscal year, an update on the status of each
historic building for which an application was approved under this
section, the dollar amount of the tax credits granted under
sections 5725.151, 5733.47, and 5747.76 of the Revised Code, and
any other information the director and commissioner consider
relevant to the topics addressed in the report.
(2) On or before December 1, 2012, the director of
development and tax commissioner jointly shall submit to the
president of the senate and the speaker of the house of
representatives a comprehensive report that includes the
information required by division (F)(1) of this section and a
detailed analysis of the effectiveness of issuing tax credits for
rehabilitating historic buildings. The report shall be prepared
with the assistance of an economic research organization jointly
chosen by the director and commissioner.
Sec. 153.01. (A) Whenever any building or structure for the
use of the state or any institution supported in whole or in part
by the state or in or upon the public works of the state that is
administered by the director of administrative services or by any
other state officer or state agency authorized by law to
administer a project, including an educational institution listed
in section 3345.50 of the Revised Code, is to be erected or
constructed, whenever additions, alterations, or structural or
other improvements are to be made, or whenever heating, cooling,
or ventilating plants or other equipment is to be installed or
material supplied therefor, the aggregate estimated cost of which
amounts to fifty two hundred thousand dollars or more, or the
amount determined pursuant to section 153.53 of the Revised Code
or more, each officer, board, or other authority upon which
devolves the duty of constructing, erecting, altering, or
installing the same, referred to in sections 153.01 to 153.60 of
the Revised Code as the owner public authority, shall cause to be
made, by an architect or engineer whose contract of employment
shall be prepared and approved by the attorney general, the
following:
(A)(1) Full and accurate plans, suitable for the use of
mechanics and other builders in the construction, improvement,
addition, alteration, or installation;
(B)(2) Details to scale and full-sized, so drawn and
represented as to be easily understood;
(C) Accurate bills showing the exact quantity of different
kinds of material necessary to the construction;
(D)(3) Definite and complete specifications of the work to be
performed, together with directions that will enable a competent
mechanic or other builder to carry them out and afford bidders all
needful information;
(E)(4) A full and accurate estimate of each item of expense
and the aggregate cost of those items of expense;
(F)(5) A life-cycle cost analysis;
(G)(6) Further data as may be required by the department of
administrative services.
(B) The data described in divisions (A)(1) to (6) of this
section shall not be required with respect to any work to be
performed pursuant to a construction management contract entered
into with a construction manager at risk as described in section
9.334 of the Revised Code or pursuant to a design-build contract
entered into with a design-build firm as described in section
153.693 of the Revised Code.
Sec. 153.02. (A) The director of administrative services, on
the director's own initiative or upon request of the Ohio school
facilities commission, may debar a contractor from contract awards
for public improvements as referred to in section 153.01 of the
Revised Code or for projects as defined in section 3318.01 of the
Revised Code, upon proof that the contractor has done any of the
following:
(1) Defaulted on a contract requiring the execution of a
takeover agreement as set forth in division (B) of section 153.17
of the Revised Code;
(2) Knowingly failed during the course of a contract to
maintain the coverage required by the bureau of workers'
compensation;
(3) Knowingly failed during the course of a contract to
maintain the contractor's drug-free workplace program as required
by the contract;
(4) Knowingly failed during the course of a contract to
maintain insurance required by the contract or otherwise by law,
resulting in a substantial loss to the owner, as owner is referred
to in section 153.01 of the Revised Code, or to the commission and
school district board, as provided in division (F) of section
3318.08 of the Revised Code;
(5) Misrepresented the firm's qualifications in the selection
process set forth in sections 153.65 to 153.71 or section 3318.10
of the Revised Code;
(6) Been convicted of a criminal offense related to the
application for or performance of any public or private contract,
including, but not limited to, embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen
property, and any other offense that directly reflects on the
contractor's business integrity;
(7) Been convicted of a criminal offense under state or
federal antitrust laws;
(8) Deliberately or willfully submitted false or misleading
information in connection with the application for or performance
of a public contract;
(9) Been debarred from bidding on or participating in a
contract with any state or federal agency.
(B) When the director reasonably believes that grounds for
debarment exist, the director shall send the contractor a notice
of proposed debarment indicating the grounds for the proposed
debarment and the procedure for requesting a hearing on the
proposed debarment. The hearing shall be conducted in accordance
with Chapter 119. of the Revised Code. If the contractor does not
respond with a request for a hearing in the manner specified in
Chapter 119. of the Revised Code, the director shall issue the
debarment decision without a hearing and shall notify the
contractor of the decision by certified mail, return receipt
requested.
(C) The director shall determine the length of the debarment
period and may rescind the debarment at any time upon notification
to the contractor. During the period of debarment, the contractor
is not eligible to bid for or participate in any contract for a
public improvement as referred to in section 153.01 of the Revised
Code or for a project as defined in section 3318.01 of the Revised
Code. After the debarment period expires, the contractor shall be
eligible to bid for and participate in such contracts for a public
improvement as referred to in section 153.01 of the Revised Code.
(D) The director, through the office of the state architect,
shall maintain a list of all contractors currently debarred under
this section. Any governmental entity awarding a contract for
construction of a public improvement or project may use a
contractor's presence on the debarment list to determine whether a
contractor is responsible or best under section 9.312 or any other
section of the Revised Code in the award of a contract.
Sec. 153.03. (A) As used in this section:
(1) "Contracting authority" means any state agency or other
state instrumentality that is authorized to award a public
improvement contract.
(2) "Bidder" means a person who submits a bid to a
contracting authority to perform work under a public improvement
contract.
(3) "Contractor" means any person with whom a contracting
authority has entered into a public improvement contract to
provide labor for a public improvement and includes a construction
manager at risk and a design-build firm.
(4) "Subcontractor" means any person who undertakes to
provide any part of the labor on the site of a public improvement
under a contract with any person other than the contracting
authority, including all such persons in any tier.
(5) "Construction manager" means a person with substantial
discretion and authority to plan, coordinate, manage, and direct
all phases of a project for the construction, demolition,
alteration, repair, or reconstruction of any public building,
structure, or other improvement has the same meaning as in section
9.33 of the Revised Code.
(6) "Construction manager at risk" has the same meaning as in
section 9.33 of the Revised Code.
(7) "Design-build firm" has the same meaning as in section
153.65 of the Revised Code.
(8) "Labor" means any activity performed by a person that
contributes to the direct installation of a product, component, or
system, or that contributes to the direct removal of a product,
component, or system.
(7)(9) "Public improvement contract" means any contract that
is financed in whole or in part with money appropriated by the
general assembly, or that is financed in any manner by a
contracting authority, and that is awarded by a contracting
authority for the construction, alteration, or repair of any
public building, public highway, or other public improvement.
(8)(10) "State agency" means every organized body, office, or
agency established by the laws of this state for the exercise of
any function of state government.
(B) A contracting authority shall not award a public
improvement contract to a bidder, and a construction manager at
risk or design-build firm shall not award a subcontract, unless
the contract or subcontract contains both of the following:
(1) The statements described in division (E) of this section;
(2) Terms that require the contractor or subcontractor to be
enrolled in and be in good standing in the drug-free workplace
program of the bureau of workers' compensation or a comparable
program approved by the bureau that requires an employer to do all
of the following:
(a) Develop, implement, and provide to all employees a
written substance use policy that conveys full and fair disclosure
of the employer's expectations that no employee be at work with
alcohol or drugs in the employee's system, and specifies the
consequences for violating the policy.
(b) Conduct drug and alcohol tests on employees in accordance
with division (B)(2)(c) of this section and under the following
conditions:
(i) Prior to an individual's employment or during an
employee's probationary period for employment, which shall not
exceed one hundred twenty days after the probationary period
begins;
(ii) At random intervals while an employee provides labor or
onsite on-site supervision of labor for a public improvement
contract. The employer shall use the neutral selection procedures
required by the United States department of transportation to
determine which employees to test and when to test those
employees.
(iii) After an accident at the site where labor is being
performed pursuant to a public improvement contract. For purposes
of this division, "accident" has the meaning established in rules
the administrator of workers' compensation adopts pursuant to
Chapters 4121. and 4123. of the Revised Code for the bureau's
drug-free workplace program, as those rules exist on the effective
date of this section March 30, 2007.
(iv) When the employer or a, construction manager,
construction manager at risk, or design-build firm has reasonable
suspicion that prior to an accident an employee may be in
violation of the employer's written substance use policy. For
purposes of this division, "reasonable suspicion" has the meaning
established in rules the administrator adopts pursuant to Chapters
4121. and 4123. of the Revised Code for the bureau's drug-free
workplace program, as those rules exist on the effective date of
this section March 30, 2007.
(v) Prior to an employee returning to a work site to provide
labor for a public improvement contract after the employee tested
positive for drugs or alcohol, and again after the employee
returns to that site to provide labor under that contract, as
required by either the employer, the construction manager,
construction manager at risk, design-build firm, or conditions in
the contract.
(c) Use the following types of tests when conducting a test
on an employee under the conditions described in division
(B)(2)(b) of this section:
(i) Drug and alcohol testing that uses the federal testing
model that the administrator has incorporated into the bureau's
drug-free workplace program;
(ii) Testing to determine whether the concentration of
alcohol on an employee's breath is equal to or in excess of the
level specified in division (A)(1)(d) or (h) of section 4511.19 of
the Revised Code, which is obtained through an evidentiary breath
test conducted by a breath alcohol technician using breath testing
equipment that meets standards established by the United States
department of transportation, or, if such technician and equipment
are unavailable, a blood test may be used to determine whether the
concentration of alcohol in an employee's blood is equal to or in
excess of the level specified in division (A)(1)(b) or (f) of
section 4511.19 of the Revised Code.
(d) Require all employees to receive at least one hour of
training that increases awareness of and attempts to deter
substance abuse and supplies information about employee assistance
to deal with substance abuse problems, and require all supervisors
to receive one additional hour of training in skill building to
teach a supervisor how to observe and document employee behavior
and intervene when reasonable suspicion exists of substance use;
(e) Require all supervisors and employees to receive the
training described in division (B)(2)(d) of this section before
work for a public improvement contract commences or during the
term of a public improvement contract;
(f) Require that the training described in division (B)(2)(d)
of this section be provided using material prepared by an
individual who has credentials or experience in substance abuse
training;
(g) Assist employees by providing, at a minimum, a list of
community resources from which an employee may obtain help with
substance abuse problems, except that this requirement does not
preclude an employer from having a policy that allows an employer
to terminate an employee's employment the first time the employee
tests positive for drugs or alcohol or if an employee refuses to
be tested for drugs, alcohol, or both.
(C) Any time the United States department of health and human
services changes the federal testing model that the administrator
has incorporated into the bureau's drug-free workplace program in
a manner that allows additional or new products, protocols,
procedures, and standards in the model, the administrator may
adopt rules establishing standards to allow employers to use those
additional or new products, protocols, procedures, or standards to
satisfy the requirements of division (B)(2)(c) of this section,
and the bureau may approve an employer's drug-free workplace
program that meets the administrator's standards and the other
requirements specified in division (B)(2) of this section.
(D) A contracting authority shall ensure that money
appropriated by the general assembly for the contracting
authority's public improvement contract or, in the case of a state
institution of higher education, the institution's financing for
the public improvement contract, is not expended unless the
contractor for that contract is enrolled in and in good standing
in a drug-free workplace program described in division (B) of this
section. Prior to awarding a contract to a bidder, a contracting
authority shall verify that the bidder is enrolled in and in good
standing in such a program.
(E) A contracting authority shall include all of the
following statements in the public improvement contract entered
into between the contracting authority and a contractor for the
public improvement:
(1) "Each contractor shall require all subcontractors with
whom the contractor is in contract for the public improvement to
be enrolled in and be in good standing in the Bureau of Workers'
Compensation's Drug-Free Workplace Program or a comparable program
approved by the Bureau that meets the requirements specified in
section 153.03 of the Revised Code prior to a subcontractor
providing labor at the project site of the public improvement."
(2) "Each subcontractor shall require all lower-tier
subcontractors with whom the subcontractor is in contract for the
public improvement to be enrolled in and be in good standing in
the Bureau of Workers' Compensation's Drug-Free Workplace Program
or a comparable program approved by the Bureau that meets the
requirements specified in section 153.03 of the Revised Code prior
to a lower-tier subcontractor providing labor at the project site
of the public improvement."
(3) "Failure of a contractor to require a subcontractor to be
enrolled in and be in good standing in the Bureau of Workers'
Compensation's Drug-Free Workplace Program or a comparable program
approved by the Bureau that meets the requirements specified in
section 153.03 of the Revised Code prior to the time that the
subcontractor provides labor at the project site will result in
the contractor being found in breach of the contract and that
breach shall be used in the responsibility analysis of that
contractor or the subcontractor who was not enrolled in a program
for future contracts with the state for five years after the date
of the breach."
(4) "Failure of a subcontractor to require a lower-tier
subcontractor to be enrolled in and be in good standing in the
Bureau of Workers' Compensation's Drug-Free Workplace Program or a
comparable program approved by the Bureau that meets the
requirements specified in section 153.03 of the Revised Code prior
to the time that the lower-tier subcontractor provides labor at
the project site will result in the subcontractor being found in
breach of the contract and that breach shall be used in the
responsibility analysis of that subcontractor or the lower-tier
subcontractor who was not enrolled in a program for future
contracts with the state for five years after the date of the
breach."
(F) In the event a construction manager, construction manager
at risk, or design-build firm intends and is authorized to provide
labor for a public improvement contract, a contracting authority
shall verify, prior to awarding a contract for construction
management services or design-build services, that the
construction manager, construction manager at risk, or
design-build firm was enrolled in and in good standing in a
drug-free workplace program described in division (B) of this
section prior to entering into the public improvement contract.
The contracting authority shall not award a contract for
construction manager services to a construction manager or
design-build services if the construction manager, construction
manager at risk, or design-build firm is not enrolled in or in
good standing in such a program.
Sec. 153.07. The notice provided for in section 153.06 of
the Revised Code shall be published by electronic means pursuant
to rules adopted by the director of administrative services or
once each week for three consecutive weeks in a newspaper of
general circulation in the county where the activity for which
bids are submitted is to occur and in such other newspapers as
ordered by the department of administrative services, the last
publication to be at least eight days preceding the day for
opening the bids, and in such form and with such phraseology as
the department orders. Copies of the plans, details,
bills of
material, estimates of cost, and specifications shall be open to
public inspection at all business hours between the day of the
first publication and the day for opening the bids, at the office
of the department where the bids are received, and such other
place as may be designated in such notice.
Sec. 153.08. On the day and at the place named in the notice
provided for in section 153.06 of the Revised Code, the owner
referred to in section 153.01 of the Revised Code shall open the
bids and shall publicly, with the assistance of the architect or
engineer, immediately proceed to tabulate the bids upon duplicate
sheets. The public bid opening may be broadcast by electronic
means pursuant to rules established by the director of
administrative services. A bid shall be invalid and not considered
unless a bid guaranty meeting the requirements of section 153.54
of the Revised Code and in the form approved by the department of
administrative services is filed with such bid
and unless such.
For a bid that is not filed electronically, the bid and bid
guaranty are shall be filed in one sealed envelope.
If the bid
and bid guaranty are filed electronically, they must be received
electronically before the deadline published pursuant to section
153.06 of the Revised Code. For all bids filed electronically, the
original, unaltered bid guaranty shall be made available to the
public authority after the public bid opening. After
investigation, which shall be completed within thirty days, the
contract shall be awarded by such owner to the lowest responsive
and responsible bidder in accordance with section 9.312 of the
Revised Code.
No contract shall be entered into until the industrial
commission has certified that the person so awarded the contract
has complied with sections 4123.01 to 4123.94 of the Revised Code,
until, if the bidder so awarded the contract is a foreign
corporation, the secretary of state has certified that such
corporation is authorized to do business in this state, until, if
the bidder so awarded the contract is a person nonresident of this
state, such person has filed with the secretary of state a power
of attorney designating the secretary of state as its agent for
the purpose of accepting service of summons in any action brought
under section 153.05 of the Revised Code or under sections 4123.01
to 4123.94 of the Revised Code, and until the contract and bond,
if any, are submitted to the attorney general and the attorney
general's approval certified thereon.
No contract shall be entered into unless the bidder possesses
a valid certificate of compliance with affirmative action programs
issued pursuant to section 9.47 of the Revised Code and dated no
earlier than one hundred eighty days prior to the date fixed for
the opening of bids for a particular project.
Sec. 153.50. (A) An As used in sections 153.50 to 153.52 of
the Revised Code:
(1) "Construction manager at risk" has the same meaning as in
section 9.33 of the Revised Code.
(2) "Design-assist" means monitoring and assisting in the
completion of the plans and specifications.
(3) "Design-assist firm" means a person capable of performing
design-assist.
(4) "Design-build firm" has the same meaning as in section
153.65 of the Revised Code.
(5) "General contracting" means constructing and managing an
entire public improvement project, including the branches or
classes of work specified in division (B) of this section, under
the award of a single aggregate lump sum contract.
(6) "General contracting firm" means a person capable of
performing general contracting.
(B) Except for contracts made with a construction manager at
risk, with a design-build firm, or with a general contracting
firm, an officer, board, or other authority of the state, a
county, township, municipal corporation, or school district, or of
any public institution belonging thereto, authorized to contract
for the erection, repair, alteration, or rebuilding of a public
building, institution, bridge, culvert, or improvement and
required by law to advertise and receive bids for furnishing of
materials and doing the work necessary for the erection thereof,
shall require separate and distinct bids to be made for furnishing
such materials or doing such work, or both, in their discretion,
for each of the following branches or classes of work to be
performed, and all work kindred thereto, entering into the
improvement:
(1) Plumbing and gas fitting;
(2) Steam and hot-water heating, ventilating apparatus, and
steam-power plant;
(3) Electrical equipment.
(B) A public authority is not required to solicit separate
bids for a branch or class of work specified in division (A) of
this section for an improvement if the estimated cost for that
branch or class of work is less than five thousand dollars.
Sec. 153.501. (A) A public authority may accept a subcontract
awarded by a construction manager at risk, a design-build firm, or
a general contracting firm, or may reject any such contract if the
public authority determines that the bidder is not responsible.
(B) A public authority may authorize a construction manager
at risk or design-build firm to utilize a design-assist firm on
any public improvement project.
(C) If the construction manager at risk or design-build firm
intends and is permitted by the public authority to self-perform a
portion of the work to be performed, the construction manager at
risk or design-build firm shall submit a sealed bid for the
portion of the work prior to accepting and opening any bids for
the same work.
Sec. 153.502. The department of administrative services,
pursuant to Chapter 119. of the Revised Code and not later than
June 30, 2012, shall adopt rules to do both of the following:
(A) Prescribe the procedures and criteria for determining the
best value selection of a construction manager at risk or
design-build firm;
(B) Prescribe the form for the contract documents to be used
by a public authority when entering into a contract with a
construction manager at risk or design-build firm.
Sec. 153.51. (A) When more than one branch or class of work
specified in division (A) of If separate and distinct bids are
required pursuant to section 153.50 of the Revised Code
is
required, no contract for the entire job, or for a greater portion
thereof than is embraced in one such branch or class of work shall
may be awarded, unless the separate bids do not cover all the work
and materials required or the bids for the whole or for two or
more kinds of work or materials are lower than the separate bids
in the aggregate.
(B)(1) The If the public authority referred to in section
153.50 of the Revised Code also may award awards a single,
aggregate contract for the entire project pursuant to division (A)
of this section. This, the award shall be made to the bidder who
is the lowest responsive and responsible bidder or the lowest and
best bidder, as applicable, as specified in section 153.52 of the
Revised Code.
(2) The public authority referred to in section 153.50 of the
Revised Code may assign all or any portion of its interest in the
contract of the lowest responsive and responsible bidder or the
lowest and best bidder, as applicable, to another successful
bidder as an agreed condition for an award of the contract for the
amount of its respective bid. Such assignment may include, but is
not limited to, the duty to schedule, coordinate, and administer
the contracts.
(C) A public authority referred to in division (A) of section
153.50 of the Revised Code is not required to award separate
contracts for a branch or class of work specified in division (A)
of section 153.50 of the Revised Code entering into an improvement
if the estimated cost for that branch or class of work is less
than five thousand dollars.
Sec. 153.52. The A contract for general contracting or for
doing the work belonging to each separate branch or class of work
specified in division
(A)(B) of section 153.50 of the Revised
Code, or for the furnishing of materials therefor, or both, shall
be awarded by the public authority referred to in section 153.50
of the Revised Code, in its discretion, to the lowest responsive
and responsible separate bidder therefor, in accordance with
section 9.312 of the Revised Code in the case of any public
authority of the state or any public institution belonging
thereto, and to the lowest and best separate bidder in the case of
a county, township, or municipal corporation, or school district,
or any public institution belonging thereto, and to the lowest
responsive and responsible bidder in the case of a school
district, and shall be made directly with the bidder in the manner
and upon the terms, conditions, and limitations as to giving bond
or bid guaranties as prescribed by law, unless it is let as a
whole, or to bidders for more than one kind of work or materials.
Sections 153.50 to 153.52 of the Revised Code do not apply to the
erection of buildings and other structures which cost less than
fifty thousand dollars.
Sec. 153.53. (A) As used in this section, "rate of
inflation" has the same meaning as in section 107.032 of the
Revised Code.
(B) Five years after the effective date of this section and
every five years thereafter, the director of administrative
services shall evaluate the monetary threshold specified in
section 153.01 of the Revised Code and adopt rules adjusting that
amount based on the average rate of inflation during each of the
previous five years immediately preceding such adjustment.
Sec. 153.54. (A) Each Except with respect to a contract
described in section 9.334 or 153.693 of the Revised Code, each
person bidding for a contract with the state or any political
subdivision, district, institution, or other agency thereof,
excluding therefrom the department of transportation, for any
public improvement shall file with the bid, a bid guaranty in the
form of either:
(1) A bond in accordance with division (B) of this section
for the full amount of the bid;
(2) A certified check, cashier's check, or letter of credit
pursuant to Chapter 1305. of the Revised Code, in accordance with
division (C) of this section. Any such letter of credit is
revocable only at the option of the beneficiary state, political
subdivision, district, institution, or agency. The amount of the
certified check, cashier's check, or letter of credit shall be
equal to ten per cent of the bid.
(B) A bid guaranty filed pursuant to division (A)(1) of this
section shall be conditioned to:
(1) Provide that, if the bid is accepted, the bidder, after
the awarding or the recommendation for the award of the contract,
whichever the contracting authority designates, will enter into a
proper contract in accordance with the bid, plans, details, and
specifications, and bills of material. If for any reason, other
than as authorized by section 9.31 of the Revised Code or division
(G) of this section, the bidder fails to enter into the contract,
and the contracting authority awards the contract to the next
lowest bidder, the bidder and the surety on the bidder's bond are
liable to the state, political subdivision, district, institution,
or agency for the difference between the bid and that of the next
lowest bidder, or for a penal sum not to exceed ten per cent of
the amount of the bond, whichever is less. If the state, political
subdivision, district, institution, or agency does not award the
contract to the next lowest bidder but resubmits the project for
bidding, the bidder failing to enter into the contract and the
surety on the bidder's bond, except as provided in division (G) of
this section, are liable to the state, political subdivision,
district, institution, or agency for a penal sum not to exceed ten
per cent of the amount of the bid or the costs in connection with
the resubmission of printing new contract documents, required
advertising, and printing and mailing notices to prospective
bidders, whichever is less.
(2) Indemnify the state, political subdivision, district,
institution, or agency against all damage suffered by failure to
perform the contract according to its provisions and in accordance
with the plans, details, and specifications, and bills of material
therefor and to pay all lawful claims of subcontractors, material
suppliers, and laborers for labor performed or material furnished
in carrying forward, performing, or completing the contract; and
agree and assent that this undertaking is for the benefit of any
subcontractor, material supplier, or laborer having a just claim,
as well as for the state, political subdivision, district,
institution, or agency.
(C)(1) A bid guaranty filed pursuant to division (A)(2) of
this section shall be conditioned to provide that if the bid is
accepted, the bidder, after the awarding or the recommendation for
the award of the contract, whichever the contracting authority
designates, will enter into a proper contract in accordance with
the bid, plans, details, specifications, and bills of material. If
for any reason, other than as authorized by section 9.31 of the
Revised Code or division (G) of this section, the bidder fails to
enter into the contract, and the contracting authority awards the
contract to the next lowest bidder, the bidder is liable to the
state, political subdivision, district, institution, or agency for
the difference between the bidder's bid and that of the next
lowest bidder, or for a penal sum not to exceed ten per cent of
the amount of the bid, whichever is less. If the state, political
subdivision, district, institution, or agency does not award the
contract to the next lowest bidder but resubmits the project for
bidding, the bidder failing to enter into the contract, except as
provided in division (G) of this section, is liable to the state,
political subdivision, district, institution, or agency for a
penal sum not to exceed ten per cent of the amount of the bid or
the costs in connection with the resubmission, of printing new
contract documents, required advertising, and printing and mailing
notices to prospective bidders, whichever is less.
If the bidder enters into the contract, the bidder, at the
time the contract is entered to, shall file a bond for the amount
of the contract to indemnify the state, political subdivision,
district, institution, or agency against all damage suffered by
failure to perform the contract according to its provisions and in
accordance with the plans, details, and specifications, and bills
of material therefor and to pay all lawful claims of
subcontractors, material suppliers, and laborers for labor
performed or material furnished in carrying forward, performing,
or completing the contract; and agree and assent that this
undertaking is for the benefit of any subcontractor, material
supplier, or laborer having a just claim, as well as for the
state, political subdivision, district, institution, or agency.
(2) A construction manager who enters into a contract
pursuant to sections 9.33 to 9.333 of the Revised Code, if
required by the public owner authority at the time the
construction manager enters into the contract, shall file a letter
of credit pursuant to Chapter 1305. of the Revised Code, bond,
certified check, or cashier's check, for the value of the
construction management contract to indemnify the state, political
subdivision, district, institution, or agency against all damage
suffered by the construction manager's failure to perform the
contract according to its provisions, and shall agree and assent
that this undertaking is for the benefit of the state, political
subdivision, district, institution, or agency. A letter of credit
provided by the construction manager is revocable only at the
option of the beneficiary state, political subdivision, district,
institution, or agency.
(D) Where the state, political subdivision, district,
institution, or agency accepts a bid but the bidder fails or
refuses to enter into a proper contract in accordance with the
bid, plans, details, and specifications, and bills of material
within ten days after the awarding of the contract, the bidder and
the surety on any bond, except as provided in division (G) of this
section, are liable for the amount of the difference between the
bidder's bid and that of the next lowest bidder, but not in excess
of the liability specified in division (B)(1) or (C) of this
section. Where the state, political subdivision, district,
institution, or agency then awards the bid to such next lowest
bidder and such next lowest bidder also fails or refuses to enter
into a proper contract in accordance with the bid, plans, details,
and specifications, and bills of material within ten days after
the awarding of the contract, the liability of such next lowest
bidder, except as provided in division (G) of this section, is the
amount of the difference between the bids of such next lowest
bidder and the third lowest bidder, but not in excess of the
liability specified in division (B)(1) or (C) of this section.
Liability on account of an award to any lowest bidder beyond the
third lowest bidder shall be determined in like manner.
(E) Notwithstanding division (C) of this section, where the
state, political subdivision, district, institution, or agency
resubmits the project for bidding, each bidder whose bid was
accepted but who failed or refused to enter into a proper
contract, except as provided in division (G) of this section, is
liable for an equal share of a penal sum in connection with the
resubmission, of printing new contract documents, required
advertising, and printing and mailing notices to prospective
bidders, but no bidder's liability shall exceed the amount of the
bidder's bid guaranty.
(F) All bid guaranties filed pursuant to this section shall
be payable to the state, political subdivision, district,
institution, or agency, be for the benefit of the state, political
subdivision, district, institution, or agency or any person having
a right of action thereon, and be deposited with, and held by, the
board, officer, or agent contracting on behalf of the state,
political subdivision, district, institution, or agency. All bonds
filed pursuant to this section shall be issued by a surety company
authorized to do business in this state as surety approved by the
board, officer, or agent awarding the contract on behalf of the
state, political subdivision, district, institution, or agency.
(G) A bidder for a contract with the state or any political
subdivision, district, institution, or other agency thereof,
excluding therefrom the Ohio department of transportation, for a
public improvement costing less than one-half million dollars may
withdraw the bid from consideration if the bidder's bid for some
other contract with the state or any political subdivision,
district, institution, or other agency thereof, excluding
therefrom the department of transportation, for the public
improvement costing less than one-half million dollars has already
been accepted, if the bidder certifies in good faith that the
total amount of all the bidder's current contracts is less than
one-half million dollars, and if the surety certifies in good
faith that the bidder is unable to perform the subsequent contract
because to do so would exceed the bidder's bonding capacity. If a
bid is withdrawn under authority of this division, the contracting
authority may award the contract to the next lowest bidder or
reject all bids and resubmit the project for bidding, and neither
the bidder nor the surety on the bidder's bond are liable for the
difference between the bidder's bid and that of the next lowest
bidder, for a penal sum, or for the costs of printing new contract
documents, required advertising, and printing and mailing notices
to prospective bidders.
(H) Bid guaranties filed pursuant to division (A) of this
section shall be returned to all unsuccessful bidders immediately
after the contract is executed. The bid guaranty filed pursuant to
division (A)(2) of this section shall be returned to the
successful bidder upon filing of the bond required in division (C)
of this section.
(I) For the purposes of this section, "next lowest bidder"
means, in the case of a political subdivision that has adopted the
model Ohio and United States preference requirements promulgated
pursuant to division (E) of section 125.11 of the Revised Code,
the next lowest bidder that qualifies under those preference
requirements.
(J) For the purposes of this section and sections 153.56,
153.57, and 153.571 of the Revised Code, "public improvement,"
"subcontractor," "material supplier," "laborer," and "materials"
have the same meanings as in section 1311.25 of the Revised Code.
Sec. 153.55. (A) For purposes of calculating the amount of a
public improvement project to determine whether it is subject to
section 153.01 of the Revised Code, no officer, board, or other
authority of the state or any institution supported by the state
shall subdivide a public improvement project into component parts
or separate projects in order to avoid the threshold of that
section, unless the component parts or separate projects thus
created are conceptually separate and unrelated to each other, or
encompass independent or unrelated needs.
(B) In calculating the project amount for purposes of the
threshold in section 153.01 of the Revised Code, the following
expenses shall be included as costs of the project:
(1) Professional fees and expenses for services associated
with the preparation of plans;
(2) Permit costs, testing costs, and other fees associated
with the work;
(3) Project construction costs;
(4) A contingency reserve fund.
Sec. 153.56. (A) Any person to whom any money is due for
labor or work performed or materials furnished in a public
improvement as provided in section 153.54 of the Revised Code, at
any time after performing the labor or work or furnishing the
materials, but not later than ninety days after the completion of
the contract by the principal contractor or design-build firm and
the acceptance of the public improvement for which the bond was
provided by the duly authorized board or officer, shall furnish
the sureties on the bond, a statement of the amount due to the
person.
(B) A suit shall not be brought against sureties on the bond
until after sixty days after the furnishing of the statement
described in division (A) of this section. If the indebtedness is
not paid in full at the expiration of that sixty days, and if the
person complies with division (C) of this section, the person may
bring an action in the person's own name upon the bond, as
provided in sections 2307.06 and 2307.07 of the Revised Code, that
action to be commenced, notwithstanding section 2305.12 of the
Revised Code, not later than one year from the date of acceptance
of the public improvement for which the bond was provided.
(C) To exercise rights under this section, a subcontractor or
materials supplier supplying labor or materials that cost more
than thirty thousand dollars, who is not in direct privity of
contract with the principal contractor or design-build firm for
the public improvement, shall serve a notice of furnishing upon
the principal contractor or design-build firm in the form provided
in section 1311.261 of the Revised Code.
(D) A subcontractor or materials supplier who serves a notice
of furnishing under division (C) of this section as required to
exercise rights under this section has the right of recovery only
as to amounts owed for labor and work performed and materials
furnished during and after the twenty-one days immediately
preceding service of the notice of furnishing.
(E) For purposes of this section, "principal:
(1) "Design-build firm" has the same meaning as in section
153.65 of the Revised Code.
(2) "Principal contractor" has the same meaning as in section
1311.25 of the Revised Code, and may include a "construction
manager" and a "construction manager at risk" as defined in
section 9.33 of the Revised Code.
Sec. 153.57. (A) The bond provided for in division (B) of
section 9.333, division (C)(1) of section 153.54, and division (C)
of section 153.70 of the Revised Code shall be in substantially
the following form, and recovery of any claimant thereunder shall
be subject to sections 153.01 to 153.60 of the Revised Code, to
the same extent as if the provisions of those sections were fully
incorporated in the bond form:
"KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned
............................ as principal and ...................
as sureties, are hereby held and firmly bound unto
................... in the penal sum of ............. dollars, for
the payment of which well and truly to be made, we hereby jointly
and severally bind ourselves, our heirs, executors,
administrators, successors, and assigns.
Signed this ............. day of ................, ....
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas
the above named principal did on the ................ day of
....................., ...., enter into a contract with
................., which said contract is made a part of this bond
the same as though set forth herein;
Now, if the said ....................... shall well and
faithfully do and perform the things agreed by ..................
to be done and performed according to the terms of said contract;
and shall pay all lawful claims of subcontractors, material
suppliers, and laborers, for labor performed and materials
furnished in the carrying forward, performing, or completing of
said contract; we agreeing and assenting that this undertaking
shall be for the benefit of any material supplier or laborer
having a just claim, as well as for the obligee herein; then this
obligation shall be void; otherwise the same shall remain in full
force and effect; it being expressly understood and agreed that
the liability of the surety for any and all claims hereunder shall
in no event exceed the penal amount of this obligation as herein
stated.
The said surety hereby stipulates and agrees that no
modifications, omissions, or additions, in or to the terms of the
said contract or in or to the plans or specifications therefor
shall in any wise affect the obligations of said surety on its
bond."
(B) The bond provided for in division (C)(2) of section
153.54 of the Revised Code shall be in substantially the following
form:
"KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned
......... as principal and ............. as sureties, are hereby
held and firmly bound unto ............. in the penal sum of
.............. dollars, for the payment of which well and truly be
made, we hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns.
Signed this ......... day of ........., .......
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas
the above named principal did on the ........ day of ........,
......, entered into a contract with ............... which said
contract is made a part of this bond the same as though set forth
herein;
Now, if the said ................ shall well and faithfully
do and perform the things agreed by ............. to be done and
performed according to the terms of the said contract; we agreeing
and assenting that this undertaking shall be for the benefit of
the obligee herein; then this obligation shall be void; otherwise
the same shall remain in full force and effect; it being expressly
understood and agreed that the liability of the surety for any and
all claims hereunder shall in no event exceed the penal amount of
the obligation as herein stated.
The surety hereby stipulates and agrees that no
modifications, omissions, or additions, in or to the terms of the
contract shall in any way affect the obligation of the surety on
its bond."
Sec. 153.581. As used in sections 153.581 and 153.591 of the
Revised Code:
(A) "Public works contract" means any contract awarded by a
contracting authority for the construction, engineering,
alteration, or repair of any public building, public highway, or
other public work.
(B) "Contracting authority" means the state, any township,
county, municipal corporation, school board, or other governmental
entity empowered to award a public works contract, and any
construction manager at risk as defined in section 9.33 of the
Revised Code or design-build firm as defined in section 153.65 of
the Revised Code awarding a subcontract.
(C) "Contractor" means any person, partnership, corporation,
or association that has been awarded a public works contract.
Sec. 153.65. As used in sections 153.65 to 153.71 153.73 of
the Revised Code:
(A)(1) "Public authority" means the state, a state
institution of higher education as defined in section 3345.011 of
the Revised Code, a county, township, municipal corporation,
school district, or other political subdivision, or any public
agency, authority, board, commission, instrumentality, or special
purpose district of the state or of a
county, township, municipal
corporation, school district, or other political subdivision.
(2) "Public authority" does not include the Ohio turnpike
commission.
(B) "Professional design firm" means any person legally
engaged in rendering professional design services.
(C) "Professional design services" means services within the
scope of practice of an architect or landscape architect
registered under Chapter 4703. of the Revised Code or a
professional engineer or surveyor registered under Chapter 4733.
of the Revised Code.
(D) "Qualifications" means all of the following:
(1) Competence of the (a) For a professional design firm,
competence to perform the required professional design services as
indicated by the technical training, education, and experience of
the firm's personnel, especially the technical training,
education, and experience of the employees within the firm who
would be assigned to perform the services;
(b) For a design-build firm, competence to perform the
required design-build services as indicated by the technical
training, education, and experience of the design-build firm's
personnel and key consultants, especially the technical training,
education, and experience of the employees and consultants of the
design-build firm who would be assigned to perform the services,
including the proposed architect of record.
(2) Ability of the firm in terms of its workload and the
availability of qualified personnel, equipment, and facilities to
perform the required professional design services or design-build
services competently and expeditiously;
(3) Past performance of the firm as reflected by the
evaluations of previous clients with respect to such factors as
control of costs, quality of work, and meeting of deadlines;
(4) Any other relevant factors as determined by the public
authority;
(5) With respect to a design-build firm, compliance with
sections 4703.182, 4703.332, and 4733.16 of the Revised Code,
including the use of a licensed professional for all design
services.
(E) "Design-build contract" means a contract between a public
authority and another person that obligates the person to provide
design-build services.
(F) "Design-build firm" means a person capable of providing
design-build services.
(G) "Design-build services" means services that form an
integrated delivery system for which a person is responsible to a
public authority for both the design and construction, demolition,
alteration, repair, or reconstruction of a public improvement.
(H) "Architect of record" means the architect that serves as
the final signatory on the plans and specifications for the
design-build project.
(I) "Criteria architect or engineer" means the architect or
engineer retained by a public authority to prepare conceptual
plans and specifications, to assist the public authority in
connection with the establishment of the design criteria for a
design-build project, and, if requested by the public authority,
to serve as the representative of the public authority and
provide, during the design-build project, other design and
construction administration services on behalf of the public
authority, including but not limited to, confirming that the
design prepared by the design-build firm reflects the original
design intent established in the design criteria package.
(J) "Open book pricing method" means a method in which a
design-build firm provides the public authority, at the public
authority's request, all books, records, documents, contracts,
subcontracts, purchase orders, and other data in its possession
pertaining to the bidding, pricing, or performance of a contract
for design-build services awarded to the design-build firm.
Sec. 153.66. (A) Each public authority planning to contract
for professional design services or design-build services shall
encourage professional design firms and design-build firms to
submit a statement of qualifications and update the statements at
regular intervals.
(B) Notwithstanding any contrary requirements in sections
153.65 to 153.70 of the Revised Code, for every design-build
contract, each public authority planning to contract for
design-build services shall evaluate the statements of
qualifications submitted by design-build firms for the project,
including the qualifications of the design-build firm's proposed
architect of record, in consultation with the criteria architect
or engineer before selecting a design-build firm pursuant to
section 153.693 of the Revised Code.
Sec. 153.67. Each public authority planning to contract for
professional design services or design-build services shall
publicly announce all contracts available from it for such
services. The announcements shall:
(A) Be made in a uniform and consistent manner and shall be
made sufficiently in advance of the time that responses must be
received from qualified professional design firms or design-build
firms for the firms to have an adequate opportunity to submit a
statement of interest in the project;
(B) Include a general description of the project, a statement
of the specific professional design services or design-build
services required, and a description of the qualifications
required for the project;
(C) Indicate how qualified professional design firms or
design-build firms may submit statements of qualifications in
order to be considered for a contract to design or design-build
the project;
(D) Be sent to either any of the following that the public
authority considers appropriate:
(1) Each professional design firm that has a current
statement of qualifications on file with the public authority and
is qualified to perform the required professional design services
Design-build firms, including contractors or other entities that
seek to perform the work as a design-build firm;
(2) Architect, landscape architect, engineer, and surveyor
trade associations, the;
(3) The news media, and any;
(4) Any publications or other public media that the public
authority considers appropriate, including electronic media.
Sec. 153.69. For every professional design services
contract, each public authority planning to contract for
professional design services shall evaluate the statements of
qualifications
of professional design firms currently on file,
together with those that are submitted by other professional
design firms specifically regarding the project, and may hold
discussions with individual firms to explore further the firms'
statements of qualifications, the scope and nature of the services
the firms would provide, and the various technical approaches the
firms may take toward the project. Following this evaluation, the
public authority shall:
(A) Select and rank no fewer than three firms which it
considers to be the most qualified to provide the required
professional design services, except when the public authority
determines in writing that fewer than three qualified firms are
available in which case the public authority shall select and rank
those firms;
(B) Negotiate a contract with the firm ranked most qualified
to perform the required services at a compensation determined in
writing to be fair and reasonable to the public authority.
Contract negotiations shall be directed toward:
(1) Ensuring that the professional design firm and the agency
have a mutual understanding of the essential requirements involved
in providing the required services;
(2) Determining that the firm will make available the
necessary personnel, equipment, and facilities to perform the
services within the required time;
(3) Agreeing upon compensation which is fair and reasonable,
taking into account the estimated value, scope, complexity, and
nature of the services.
(C) If a contract is negotiated with the firm ranked to
perform the required services most qualified, the public authority
shall, if applicable under section 127.16 of the Revised Code,
request approval of the board to make expenditures under the
contract.
(D) Upon failure to negotiate a contract with the firm ranked
most qualified, the public authority shall inform the firm in
writing of the termination of negotiations and may enter into
negotiations with the firm ranked next most qualified. If
negotiations again fail, the same procedure shall may be followed
with each next most qualified firm selected and ranked pursuant to
division (A) of this section, in order of ranking, until a
contract is negotiated.
(E) Should the public authority fail to negotiate a contract
with any of the firms selected pursuant to division (A) of this
section, the public authority shall may select and rank additional
firms, based on their qualifications, and negotiations shall may
continue as with the firms selected and ranked initially until a
contract is negotiated.
(F) Nothing in this section affects a public authority's
right to accept or reject any or all proposals in whole or in
part.
Sec. 153.692. For every design-build contract, the public
authority planning to contract for design-build services shall
first obtain the services of a criteria architect or engineer by
doing either of the following:
(A) Contracting for the services consistent with sections
153.65 to 153.70 of the Revised Code;
(B) Obtaining the services through an architect or engineer
who is an employee of the public authority and notifying the
department of administrative services before the services are
performed.
Sec. 153.693. (A) For every design-build contract, the
public authority planning to contract for design-build services,
in consultation with the criteria architect or engineer, shall
evaluate the statements of qualifications submitted by
design-build firms specifically regarding the project, including
the design-build firm's proposed architect of record. Following
this evaluation, the public authority shall:
(1) Select and rank not fewer than three firms which it
considers to be the most qualified to provide the required
design-build services, except that the public authority shall
select and rank fewer than three firms when the public authority
determines in writing that fewer than three qualified firms are
available;
(2) Provide each selected design-build firm with all of the
following:
(a) A description of the project and project delivery;
(b) The design criteria produced by the criteria architect or
engineer under section 153.692 of the Revised Code;
(c) A preliminary project schedule;
(d) A description of any preconstruction services;
(e) A description of the proposed design services;
(f) A description of a guaranteed maximum price, including
the estimated level of design on which such guaranteed maximum
price is based;
(g) The form of the design-build services contract;
(h) A request for a pricing proposal that shall be divided
into a design services fee and a preconstruction and design-build
services fee. The pricing proposal of each design-build firm shall
include at least all of the following:
(i) A list of key personnel and consultants for the project;
(ii) Design concepts adhering to the design criteria produced
by the criteria architect or engineer under section 153.692 of the
Revised Code;
(iii) The design-build firm's statement of general conditions
and estimated contingency requirements;
(iv) A preliminary project schedule.
(3) Evaluate the pricing proposal submitted by each selected
firm and, at its discretion, hold discussions with each firm to
further investigate its pricing proposal, including the scope and
nature of the firm's proposed services and potential technical
approaches;
(4) Rank the selected firms based on the public authority's
evaluation of the value of each firm's pricing proposal, with such
evaluation considering each firm's proposed costs and
qualifications;
(5) Enter into contract negotiations for design-build
services with the design-build firm whose pricing proposal the
public authority determines to be the best value under this
section.
(B) In complying with division (A)(5) of this section,
contract negotiations shall be directed toward:
(1) Ensuring that the design-build firm and the public
authority mutually understand the essential requirements involved
in providing the required design-build services, the provisions
for the use of contingency funds, and the terms of the contract,
including terms related to the possible distribution of savings in
the final costs of the project;
(2) Ensuring that the design-build firm shall be able to
provide the necessary personnel, equipment, and facilities to
perform the design-build services within the time required by the
design-build construction contract;
(3) Agreeing upon a procedure and schedule for determining a
guaranteed maximum price using an open book pricing method that
shall represent the total maximum amount to be paid by the public
authority to the design-build firm for the project and that shall
include the costs of all work, the cost of its general conditions,
the contingency, and the fee payable to the design-build firm.
(C) If the public authority fails to negotiate a contract
with the design-build firm whose pricing proposal the public
authority determines to be the best value as determined under this
section, the public authority shall inform the design-build firm
in writing of the termination of negotiations. The public
authority may then do the following:
(1) Negotiate a contract with a design-build firm ranked next
highest under this section following the negotiation procedure
described in this section;
(2) If negotiations fail with the design-build firm under
division (C)(1) of this section, negotiate a contract with the
design-build firm ranked next highest under this section following
the negotiation procedure described in this section and continue
negotiating with the design-build firms selected under this
section in the order of their ranking until a contract is
negotiated.
(D) If the public authority fails to negotiate a contract
with a design-build firm whose pricing proposal the public
authority determines to be the best value as determined under this
section, it may select additional design-build firms to provide
pricing proposals to the public authority pursuant to this section
or may select an alternative delivery method for the project.
(E) The public authority may provide a stipend for pricing
proposals received from design-build firms.
(F) Nothing in this section affects a public authority's
right to accept or reject any or all proposals in whole or in
part.
Sec. 153.694. If a professional design firm selected as the
criteria architect or engineer creates the preliminary criteria
and design criteria for a project and provides professional design
services to a public authority to assist that public authority in
evaluating the design-build requirements provided to the public
authority by a design-build firm pursuant to section 153.692 of
the Revised Code, that professional design firm shall not provide
any design-build services pursuant to a design-build contract
under section 153.693 of the Revised Code.
Sec. 153.70. (A) Except for any person providing
professional design services of a research or training nature, any
person rendering professional design services to a public
authority or to a design-build firm, including a criteria
architect or engineer and person performing architect of record
services, shall have and maintain, or be covered by, during the
period the services are rendered, a professional liability
insurance policy or policies with a company or companies that are
authorized to do business in this state and that afford
professional liability coverage for the professional design
services rendered. The insurance shall be in amount considered
sufficient by the public authority. At the public authority's
discretion, the design-build firm shall carry contractor's
professional liability insurance and any other insurance the
public authority considers appropriate.
(B) The requirement for professional liability insurance set
forth in division (A) of this section may be waived by the public
authority for good cause, or the public authority may allow the
person providing the professional design services to provide other
assurances of financial responsibility.
(C) Before construction begins pursuant to a contract for
design-build services with a design-build firm, the design-build
firm shall provide a surety bond to the public authority in
accordance with section 153.57 of the Revised Code in an amount
not less than the combined contract values of any work under
contract to be constructed pursuant to the contract for
design-build services prior to the establishment of the guaranteed
maximum price or in the amount of the guaranteed maximum price as
agreed to by the public authority, as the case may be.
Sec. 153.71. Any public authority planning to contract for
professional design services or design-build services may adopt,
amend, or rescind rules, in accordance with Chapter 119. of the
Revised Code, to implement sections 153.66 to 153.70 of the
Revised Code. Sections 153.66 to 153.70 of the Revised Code do not
apply to any of the following:
(A) Any project with an estimated professional design fee of
less than twenty-five thousand dollars;
(B) Any project determined in writing by the public authority
head to be an emergency requiring immediate action including, but
not limited to, any projects requiring multiple contracts let as
part of a program requiring a large number of professional design
firms of the same type;
(C) Any public authority that is not empowered by law to
contract for professional design services.
Sec. 153.72. A design-build firm contracted for design-build
services by a public authority may do either of the following:
(A) Perform design, construction, demolition, alteration,
repair, or reconstruction work pursuant to such contract;
(B) Perform professional design services when contracted by a
public authority for design-build services even if the
design-build firm is not a professional design firm.
Sec. 153.73. The requirements set forth in sections 153.65
to 153.72 of the Revised Code for the bidding, selection, and
award of a contract for professional design services or
design-build services by a public authority prevail in the event
of any conflict with any other provision of this chapter.
Sec. 153.80. (A) A contract for the construction,
demolition, alteration, repair, or reconstruction of a public
improvement entered into on or after the effective date of this
section April 16, 1993, shall be deemed to include the provisions
contained in division (B) of this section.
(B)(1) In regard to any bond filed by the contractor for the
work contracted, the contracting authority, in its sole
discretion, may reduce the bond required by twenty-five per cent
of the total amount of the bond after at least fifty per cent of
the work contracted for has been completed and by fifty per cent
after at least seventy-five per cent of the work contracted for
has been completed provided that all of the following conditions
are met:
(a) The contracting authority determines that the percentage
of the work that has been completed at the time of determination
has been satisfactorily performed and meets the terms of the
contract, including a provision in regard to the time when the
whole or any specified portion of work contemplated in the
contract must be completed;
(b) The contracting authority determines that no disputed
claim caused by the contractor exists or remains unresolved;
(c) The successful bid upon which the contract is based was
not more than ten per cent below the next lowest bid or not more
than ten per cent below a cost estimate for the work as published
by the contracting authority.
(2) In regard to the amount of any funds retained, the
contracting authority, in its sole discretion, may reduce the
amount of funds retained pursuant to section sections 153.12 and
153.14 of the Revised Code for the faithful performance of work by
fifty per cent of the amount of funds required to be retained
pursuant to those sections, provided that the surety on the bond
remains liable for all of the following that are caused due to
default by the contractor:
(a) Completion of the job;
(c) All liquidated damages;
(d) All additional expenses incurred by the contracting
authority.
(C) As used in this section:
(1) "Contracting authority" means an officer, board, or other
authority of the state, a county, township, municipal corporation,
or school district, or of any other political subdivision of the
state, authorized to contract for the construction, demolition,
alteration, repair, or reconstruction of a public improvement, and
any construction manager at risk as defined in section 9.33 of the
Revised Code or design-build firm as defined in section 153.65 of
the Revised Code awarding a subcontract, but does not include an
officer, board, or other authority of the department of
transportation.
(2) "Delay claim" means a claim that arises due to default on
provisions in a contract in regard to the time when the whole or
any specified portion of work contemplated in the contract must be
completed.
Sec. 154.02. (A) Pursuant to the provisions of Chapter 154.
of the Revised Code, the issuing authority may issue obligations
as from time to time authorized by or pursuant to act or
resolution of the general assembly, consistent with such
limitations thereon, subject to section 154.12 of the Revised
Code, as the general assembly may thereby prescribe as to
principal amount, bond service charges, or otherwise, and shall
cause the proceeds thereof to be applied to those capital
facilities designated by or pursuant to act of the general
assembly for any of the following:
(1) Mental hygiene and retardation, including housing for
mental hygiene and retardation patients under Section 16 of
Article VIII, Ohio Constitution;
(2) State supported and assisted institutions of higher
education, including community or technical education colleges;
(3) Parks and recreation;
(4) Ohio cultural facilities;
(5) Ohio sports facilities;
(6) Housing of branches and agencies of state government.
(B) The authority provided by Chapter 154. of the Revised
Code is in addition to any other authority provided by law for the
same or similar purposes, except as may otherwise specifically be
provided in Chapter 154. of the Revised Code. In case any section
or provision of Chapter 154. of the Revised Code or in case any
covenant, stipulation, obligation, resolution, trust agreement,
indenture, lease agreement, act, or action, or part thereof, made,
assumed, entered into, or taken under Chapter 154. of the Revised
Code, or any application thereof, is for any reason held to be
illegal or invalid, such illegality or invalidity shall not affect
the remainder thereof or any other section or provision of Chapter
154. of the Revised Code or any other covenant, stipulation,
obligation, resolution, trust agreement, indenture, lease,
agreement, act, or action, or part thereof, made, assumed, entered
into, or taken under such chapter, which shall be construed and
enforced as if such illegal or invalid portion were not contained
therein, nor shall such illegality or invalidity or any
application thereof affect any legal and valid application
thereof, and each such section, provision, covenant, stipulation,
obligation, resolution, trust agreement, indenture, lease,
agreement, act, or action, or part thereof, shall be deemed to be
effective, operative, made, entered into or taken in the manner
and to the full extent permitted by law.
Sec. 154.07. For the respective purposes provided in
sections 154.20, 154.21, 154.22, and 154.23, 154.24, and 154.25 of
the Revised Code, the issuing authority may issue obligations of
the state of Ohio as provided in Chapter 154. of the Revised Code,
provided that the holders or owners of obligations shall have no
right to have excises or taxes levied by the general assembly for
the payment of the bond service charges. The right of holders and
owners to payment of bond service charges shall be limited to the
revenues or receipts and funds pledged thereto in accordance with
Chapter 154. of the Revised Code, and each obligation shall bear
on its face a statement to that effect. Chapter 154. of the
Revised Code does not permit, and no provision of that chapter
shall be applied to authorize or grant, a pledge of charges for
the treatment or care of mental hygiene and retardation patients
to bond service charges on obligations other than those issued for
capital facilities for mental hygiene and retardation, or a pledge
of any receipts of or on behalf of state supported or state
assisted institutions of higher education to bond service charges
on obligations other than those issued for capital facilities for
state supported or state assisted institutions of higher
education, or a pledge of receipts with respect to parks and
recreation to bond service charges on obligations other than those
issued for capital facilities for parks and recreation, or a
pledge of revenues or receipts received by or on behalf of any
state agency to bond service charges on obligations other than
those issued for capital facilities which are in whole or in part
useful to, constructed by, or financed by the state agency that
receives the revenues or receipts so pledged.
Sec. 154.24. (A) In addition to the definitions provided in
section 154.01 of the Revised Code:
(1) "Capital facilities" includes, for purposes of this
section, storage and parking facilities related to such capital
facilities.
(2) "Costs of capital facilities" includes, for purposes of
this section, the costs of assessing, planning, and altering
capital facilities, and the financing thereof, all related direct
administrative expenses and allocable portions of direct costs of
lessee state agencies, and all other expenses necessary or
incident to the assessment, planning, alteration, maintenance,
equipment, or furnishing of capital facilities and the placing of
the same in use and operation, including any one, part of, or
combination of such classes of costs and expenses.
(3) "Governmental agency" includes, for purposes of this
section, any state of the United States or any department,
division, or agency of any state.
(4) "State agency" includes, for purposes of this section,
branches, authorities, courts, the general assembly, counties,
municipal corporations, and any other governmental entities of
this state that enter into leases with the commission pursuant to
this section or that are designated by law as state agencies for
the purpose of performing a state function that is to be housed by
a capital facility for which the issuing authority is authorized
to issue revenue obligations pursuant to this section.
(B) Subject to authorization by the general assembly under
section 154.02 of the Revised Code, the issuing authority may
issue obligations pursuant to this chapter to pay costs of capital
facilities for housing branches and agencies of state government,
including capital facilities for the purpose of housing personnel,
equipment, or functions, or any combination thereof that a state
agency is responsible for housing, including obligations to pay
the costs of capital facilities described in section 307.021 of
the Revised Code, and the costs of capital facilities in which one
or more state agencies are participating with the federal
government, municipal corporations, counties, or other
governmental entities, or any one or more of them, and in which
that portion of the facility allocated to the participating state
agencies is to be used for the purpose of housing branches and
agencies of state government including housing personnel,
equipment, or functions, or any combination thereof. Such
participation may be by grants, loans, or contributions to other
participating governmental agencies for any of those capital
facilities.
(C) The commission may lease any capital facilities for
housing branches and agencies of state government to, and make or
provide for other agreements with respect to the use or purchase
of such capital facilities with, any state agency or governmental
agency having authority under law to operate such capital
facilities.
(D)(1) For purposes of this division, "available receipts"
means fees, charges, revenues, grants, subsidies, income from the
investment of moneys, proceeds from the sale of goods or services,
and all other revenues or receipts derived from the operation,
leasing, or other disposition of capital facilities financed with
obligations issued under this section or received by or on behalf
of any state agency for which capital facilities are financed with
obligations issued under this section or any state agency
participating in or by which the capital facilities are
constructed or financed; the proceeds of obligations issued under
this section and sections 154.11 or 154.12 of the Revised Code;
and any moneys appropriated by a governmental agency, and gifts,
grants, donations, and pledges, and receipts therefrom, available
for the payment of bond service charges on such obligations.
(2) The issuing authority may pledge all, or such portion as
it determines, of the available receipts to the payment of bond
service charges on obligations issued under this section and
section 154.11 or 154.12 of the Revised Code and for the
establishment and maintenance of any reserves, as provided in the
bond proceedings, and make other provisions therein with respect
to such available receipts as authorized by this chapter, which
provisions shall be controlling notwithstanding any other
provision of law pertaining thereto.
(E) There is hereby created one or more funds, as determined
by the issuing authority in the bond proceedings, with identifying
names as the issuing authority determines, which shall be in the
custody of the treasurer of state but shall be separate and apart
from and not a part of the state treasury. All money received by
or on account of the issuing authority or the commission and
required by the applicable bond proceedings to be deposited,
transferred, or credited to a bond service fund created pursuant
to this section, and all other money transferred or allocated to
or received for the purposes of that fund, shall be deposited with
the treasurer of state and credited to the applicable fund,
subject to applicable provisions of the bond proceedings, but
without necessity of any act or appropriation. Any bond service
fund created pursuant to this section is a trust fund hereby
pledged to the payment of bond service charges on the applicable
obligations issued pursuant to this section and section 154.11 or
154.12 of the Revised Code to the extent provided in the
applicable bond proceedings, and payment thereof from such funds
shall be made or provided for by the treasurer of state in
accordance with the applicable bond proceedings without necessity
for any act or appropriation. The director of budget and
management may also create one or more improvement funds, with
identifying names as the director determines, which shall be in
the state treasury, to receive the proceeds of obligations issued
under this section appropriated to fund costs of capital
facilities.
(F) This section is to be applied with other applicable
provisions of this chapter.
Sec. 154.25. (A) As used in this section:
(1) "Available community or technical college receipts" means
all money received by a community or technical college or
community or technical college district, including income,
revenues, and receipts from the operation, ownership, or control
of facilities, grants, gifts, donations, and pledges and receipts
therefrom, receipts from fees and charges, the allocated state
share of instruction as defined in section 3333.90 of the Revised
Code, and the proceeds of the sale of obligations, including
proceeds of obligations issued to refund obligations previously
issued, but excluding any special fee, and receipts therefrom,
charged pursuant to division (D) of section 154.21 of the Revised
Code.
(2) "Community or technical college," "college," "community
or technical college district," and "district" have the same
meanings as in section 3333.90 of the Revised Code.
(3) "Community or technical college capital facilities" means
auxiliary facilities, education facilities, and housing and dining
facilities, as those terms are defined in section 3345.12 of the
Revised Code, to the extent permitted to be financed by the
issuance of obligations under division (A)(2) of section 3357.112
of the Revised Code, that are authorized by sections 3354.121,
3357.112, and 3358.10 of the Revised Code to be financed by
obligations issued by a community or technical college district,
and for which the issuing authority is authorized to issue
obligations pursuant to this section, and includes any one, part
of, or any combination of the foregoing, and further includes site
improvements, utilities, machinery, furnishings, and any separate
or connected buildings, structures, improvements, sites, open
space and green space areas, utilities, or equipment to be used
in, or in connection with the operation or maintenance of, or
supplementing or otherwise related to the services or facilities
to be provided by, such facilities.
(4) "Cost of community or technical college capital
facilities" means the costs of acquiring, constructing,
reconstructing, rehabilitating, remodeling, renovating, enlarging,
improving, equipping, or furnishing community or technical college
capital facilities, and the financing thereof, including the cost
of clearance and preparation of the site and of any land to be
used in connection with community or technical college capital
facilities, the cost of any indemnity and surety bonds and
premiums on insurance, all related direct administrative expenses
and allocable portions of direct costs of the commission and the
issuing authority, community or technical college or community or
technical college district, cost of engineering, architectural
services, design, plans, specifications and surveys, estimates of
cost, legal fees, fees and expenses of trustees, depositories,
bond registrars, and paying agents for obligations, cost of
issuance of obligations and financing costs and fees and expenses
of financial advisers and consultants in connection therewith,
interest on obligations from the date thereof to the time when
interest is to be covered by available receipts or other sources
other than proceeds of those obligations, amounts necessary to
establish reserves as required by the bond proceedings, costs of
audits, the reimbursements of all moneys advanced or applied by or
borrowed from the community or technical college, community or
technical college district, or others, from whatever source
provided, including any temporary advances from state
appropriations, for the payment of any item or items of cost of
community or technical college facilities, and all other expenses
necessary or incident to planning or determining feasibility or
practicability with respect to such facilities, and such other
expenses as may be necessary or incident to the acquisition,
construction, reconstruction, rehabilitation, remodeling,
renovation, enlargement, improvement, equipment, and furnishing of
community or technical college capital facilities, the financing
thereof and the placing of them in use and operation, including
any one, part of, or combination of such classes of costs and
expenses.
(5) "Capital facilities" includes community or technical
college capital facilities.
(6) "Obligations" has the same meaning as in section 154.01
or 3345.12 of the Revised Code, as the context requires.
(B) The issuing authority is authorized to issue revenue
obligations under Section 2i of Article VIII, Ohio Constitution,
on behalf of a community or technical college district and shall
cause the net proceeds thereof, after any deposits of accrued
interest for the payment of bond service charges and after any
deposit of all or such lesser portion as the issuing authority may
direct of the premium received upon the sale of those obligations
for the payment of the bond service charges, to be applied to the
cost of community or technical college capital facilities,
provided that the issuance of such obligations is subject to the
execution of a written agreement in accordance with division (C)
of section 3333.90 of the Revised Code for the withholding and
depositing of funds otherwise due the district, or the college it
operates, in respect of its allocated state share of instruction.
(C) The bond service charges and all other payments required
to be made by the trust agreement or indenture securing the
obligations shall be payable solely from available community or
technical college receipts pledged thereto as provided in the
resolution. The available community or technical college receipts
pledged and thereafter received by the commission are immediately
subject to the lien of such pledge without any physical delivery
thereof or further act, and the lien of any such pledge is valid
and binding against all parties having claims of any kind against
the authority, irrespective of whether those parties have notice
thereof, and creates a perfected security interest for all
purposes of Chapter 1309. of the Revised Code and a perfected lien
for purposes of any real property interest, all without the
necessity for separation or delivery of funds or for the filing or
recording of the resolution, trust agreement, indenture, or other
agreement by which such pledge is created or any certificate,
statement, or other document with respect thereto; and the pledge
of such available community or technical college receipts is
effective and the money therefrom and thereof may be applied to
the purposes for which pledged. Every pledge, and every covenant
and agreement made with respect to the pledge, made in the
resolution may therein be extended to the benefit of the owners
and holders of obligations authorized by this section, and to any
trustee therefor, for the further securing of the payment of the
bond service charges, and all or any rights under any agreement or
lease made under this section may be assigned for such purpose.
(D) This section is to be applied with other applicable
provisions of this chapter.
Sec. 164.02. (A) There is hereby created the Ohio public
works commission consisting of seven members who shall be
appointed as follows: two persons shall be appointed by the
speaker of the house of representatives; one person shall be
appointed by the minority leader of the house of representatives;
two persons shall be appointed by the president of the senate; one
person shall be appointed by the minority leader of the senate;
and one person from the private sector, who shall have at least
eight years experience in matters of public finance, shall be
appointed alternately by the speaker of the house of
representatives and the president of the senate, with the speaker
of the house making the first appointment. The director of
transportation, the director of environmental protection, the
director of development, the director of natural resources, and
the chairperson of the Ohio water development authority shall be
nonvoting, ex officio members of the commission. The initial
appointments made to the commission by the minority leaders of the
senate and house of representatives and one of the initial
appointments made by the speaker of the house of representatives
and the president of the senate shall be for terms ending December
31, 1989; one of the initial appointments made by the speaker of
the house of representatives and the president of the senate shall
be for terms ending December 31, 1990; and the initial term of the
appointment to the commission that is alternately made by the
speaker of the house of representatives and the president of the
senate shall be for a term ending December 31, 1989. Thereafter,
terms of office shall be for three years, each term ending on the
same day of the same month of the year as did the term which it
succeeds. Each member shall hold office from the date of
appointment until the end of the term for which the member is
appointed. Members may be reappointed one time. Vacancies shall be
filled in the same manner provided for original appointments. Any
member appointed to fill a vacancy occurring prior to the
expiration date of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. A
member shall continue in office subsequent to the expiration date
of the member's term until the member's successor takes office or
until a period of sixty days has elapsed, whichever occurs first.
The commission shall elect a chairperson, vice-chairperson,
and other officers as it considers advisable. Four members
constitute a quorum. Members of the commission shall serve without
compensation but shall be reimbursed for their actual and
necessary expenses incurred in the performance of their duties.
(B) The Ohio public works commission shall:
(1) Review and evaluate persons who will be recommended to
the governor for appointment to the position of director of the
Ohio public works commission, and, when the commission considers
it appropriate, recommend the removal of a director;
(2) Provide the governor with a list of names of three
persons who are, in the judgment of the commission, qualified to
be appointed to the position of director. The commission shall
provide the list, which may include the name of the incumbent
director to the governor, not later than sixty days prior to the
expiration of the term of such incumbent director. A director
shall serve a two-year term upon initial appointment, and
four-year terms if subsequently reappointed by the governor;
however, the governor may remove a director at any time following
the commission's recommendation of such action. Upon the
expiration of a director's term, or in the case of the
resignation, death, or removal of a director, the commission shall
provide such list of the names of three persons to the governor
within thirty days of such expiration, resignation, death, or
removal. Nothing in this section shall prevent the governor, in
the governor's discretion, from rejecting all of the nominees of
the commission and requiring the commission to select three
additional nominees. However, when the governor has requested and
received a second list of three additional names, the governor
shall make the appointment from one of the names on the first list
or the second list. Appointment by the governor is subject to the
advice and consent of the senate.
In the case of the resignation, removal, or death of the
director during the director's term of office, a successor shall
be chosen for the remainder of the term in the same manner as is
provided for an original appointment.
(3) Provide oversight to the director and advise in the
development of policy guidelines for the implementation of this
chapter, and report and make recommendations to the general
assembly with respect to such implementation;
(4) Adopt bylaws to govern the conduct of the commission's
business;
(5) Appoint the members of the Ohio small government capital
improvements commission in accordance with division (C) of this
section.
(C)(1) There is hereby created the Ohio small government
capital improvements commission. The commission shall consist of
ten members, including the director of transportation, the
director of environmental protection, and the chairperson of the
Ohio water development authority as nonvoting, ex officio members
and seven voting members appointed by the Ohio public works
commission. Each such appointee shall be a member of a district
public works local government integrating and innovation committee
who was appointed to the integrating and innovation committee
pursuant to the majority vote of the chief executive officers of
the villages of the appointee's district or by a majority of the
boards of township trustees of the appointee's district.
(2) Two of the initial appointments shall be for terms ending
two years after March 29, 1988. The remaining initial appointments
shall be for terms ending three years after March 29, 1988.
Thereafter, terms of office shall be for two years, with each term
ending on the same date of the same month as did the term that it
succeeds. Each member shall hold office from the date of
appointment until the end of the term for which the member is
appointed. Vacancies shall be filled in the same manner as
original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration date of the term for which the
member's predecessor was appointed shall hold office as a member
for the remainder of that term. A member shall continue in office
subsequent to the expiration of the member's term until the
member's successor takes office or until a period of sixty days
has elapsed, whichever occurs first. Members of the commission may
be reappointed to serve two additional terms, except that no
member appointed to an initial term of three years may be
reappointed to more than one additional term. No more than two
members of the commission may be members of the same district
public works
local government integrating and innovation
committee.
(3) The Ohio small government capital improvements commission
shall elect one of its appointed members as chairperson and
another as vice-chairperson. Four voting members of the commission
constitute a quorum, and the affirmative vote of four appointed
members is required for any action taken by vote of the
commission. No vacancy in the membership of the commission shall
impair the right of a quorum by an affirmative vote of four
appointed members to exercise all rights and perform all duties of
the commission. Members of the commission shall serve without
compensation, but shall be reimbursed for their actual and
necessary expenses incurred in the performance of their duties.
(D) The Ohio small government capital improvements commission
shall:
(1) Advise the general assembly on the development of policy
guidelines for the implementation of this chapter, especially as
it relates to the interests of small governments and the use of
the portion of bond proceeds set aside for the exclusive use of
townships and villages;
(2) Advise the township and village subcommittees of the
various district public works local government integrating and
innovation committees concerning the selection of projects for
which the use of such proceeds will be authorized;
(3) Affirm or overrule the recommendations of its
administrator made in accordance with section 164.051 of the
Revised Code concerning requests from townships and villages for
financial assistance for capital improvement projects.
(E) Membership on the Ohio public works commission or the
Ohio small government capital improvements commission does not
constitute the holding of a public office. No appointed member
shall be required, by reason of section 101.26 of the Revised
Code, to resign from or forfeit membership in the general
assembly.
Notwithstanding any provision of law to the contrary, a
county, municipal, or township public official may serve as a
member of the Ohio public works commission or the Ohio small
government capital improvements commission.
Members of the commissions established by this section do not
have an unlawful interest in a public contract under section
2921.42 of the Revised Code solely by virtue of the receipt of
financial assistance under this chapter by the local subdivision
of which they are also a public official or appointee.
(F) The director of the Ohio public works commission shall
administer the small counties capital improvement program, which
is hereby created. The program shall provide financial assistance
to county governments of counties that have a population of less
than eighty-five thousand according to the most recent decennial
census. Under the program, the director shall review and may
approve projects submitted by subcommittees of district public
works
local government integrating and innovation committees under
division (E) of section 164.06 of the Revised Code. In approving
projects, the director shall be guided by the provisions of
division (B) of that section, while taking into consideration the
special capital improvement needs of small counties.
Sec. 164.04. (A) In each of the districts created in section
164.03 of the Revised Code, a district public works local
government integrating and innovation committee shall be
established as follows:
(1) In district one, the district committee shall consist of
seven members appointed as follows: two members shall be appointed
by the board of county commissioners or the chief executive
officer of the county; two members shall be appointed by the chief
executive officer of the most populous municipal corporation in
the district; two members shall be appointed by a majority of the
chief executive officers of the other municipal corporations
located within the district; and one member, who shall have
experience in local infrastructure planning and economic
development and who shall represent the interests of private
industry within the district, shall be appointed by a majority of
the members of the district committee or their alternates. Except
with respect to the selection of the private sector member of the
committee, the affirmative vote of at least five committee members
or their alternates is required for any action taken by a vote of
the committee.
(2) In district two, the district committee shall consist of
nine members appointed as follows: two members shall be appointed
by the board of county commissioners; three members shall be
appointed by the chief executive officer of the most populous
municipal corporation in the district; two members shall be
appointed by a majority of the other chief executive officers of
municipal corporations in the district; and two members shall be
appointed by a majority of the boards of township trustees in the
district. Of the members appointed by the board of county
commissioners, one member shall have experience in local
infrastructure planning and economic development, and one member
shall be either a county commissioner or a county engineer of the
district. The affirmative vote of at least seven members of the
committee or their alternates is required for any action taken by
a vote of the committee.
(3) In districts three, four, eight, twelve, and nineteen,
the district committee shall consist of nine members appointed as
follows: two members shall be appointed by the board of county
commissioners or by the chief executive officer of the county; two
members shall be appointed by the chief executive officer of the
most populous municipal corporation located within the district;
two members shall be appointed by a majority of the other chief
executive officers of the municipal corporations located in the
district; two members shall be appointed by a majority of the
boards of township trustees located in the district; and one
member, who shall have experience in local infrastructure planning
and economic development and who shall represent the interests of
private industry within the district, shall be appointed by a
majority of the members of the committee or their alternates.
Except with respect to the selection of the private sector member
of the committee, the affirmative vote of at least seven committee
members or their alternates is required for any action taken by a
vote of the committee.
(4) In district six, the district committee shall consist of
nine members appointed as follows: one member shall be appointed
by the board of county commissioners of each county in the
district; one member shall be appointed by the chief executive
officer of the most populous municipal corporation in each county
in the district; one member shall be appointed alternately by a
majority of the chief executives of the municipal corporations,
other than the largest municipal corporation, within one of the
counties of the district; and one member shall be appointed
alternately by a majority of the boards of township trustees
within one of the counties in the district. The two persons who
are the county engineers of the counties in the district also
shall be members of the committee. At least six of these members
or their alternates shall agree upon the appointment to the
committee of a private sector person who shall have experience in
local infrastructure planning and economic development. The
affirmative vote of seven committee members or their alternates is
required for any action taken by a vote of the committee.
The first appointment to the committee made by the majority
of the boards of township trustees of a county shall be made by
the boards of township trustees located in the least populous
county of the district, and the first appointment made by the
majority of the chief executives of municipal corporations, other
than the largest municipal corporation, of a county shall be made
by the chief executives of municipal corporations, other than the
largest municipal corporation, from the most populous county in
the district.
Notwithstanding division (C) of this section, the members of
the district committee appointed alternately by a majority of the
chief executive officers of municipal corporations, other than the
largest municipal corporation, of a county and a majority of
boards of township trustees of a county shall serve five-year
terms.
(5) In districts seven, nine, and ten, the district committee
shall consist of two members appointed by the board of county
commissioners of each county in the district, two members
appointed by a majority of the chief executive officers of all
cities within each county in the district, three members appointed
by a majority of the boards of township trustees of all townships
in the district, three members appointed by a majority of chief
executive officers of all villages in the district, one member who
is appointed by a majority of the county engineers in the district
and who shall be a county engineer, and one member, who shall have
experience in local infrastructure planning and economic
development, shall be appointed by a majority of all other
committee members or their alternates. If there is a county in the
district in which there are no cities, the member that is to be
appointed by the chief executive officers of the cities within
that county shall be appointed by the chief executive officer of
the village with the largest population in that county.
(6) In districts five, eleven, and thirteen through eighteen,
the members of each district committee shall be appointed as
follows: one member shall be appointed by each board of county
commissioners; one member shall be appointed by the majority of
the chief executive officers of the cities located in each county;
three members shall be appointed by a majority of the chief
executive officers of villages located within the district; three
members shall be appointed by a majority of the boards of township
trustees located within the district; one member shall be
appointed by a majority of the county engineers of the district
and shall be a county engineer; and one member, who shall have
experience in local infrastructure planning and economic
development and who shall represent the interests of private
industry within the district, shall be appointed by a majority of
the members of the committee or their alternates. If there is a
county in the district in which there are no cities, the member
that is to be appointed by the chief executive officers of the
cities within that county shall be appointed by the chief
executive officer of the village with the largest population in
that county.
(7) In districts five, seven, nine, ten, eleven, thirteen,
fourteen, sixteen, and seventeen organized in accordance with
divisions (A)(5) and (6) of this section, a nine-member executive
committee shall be established that shall include at least one of
the persons appointed to the district committee by the chief
executive officers of the villages within the district, at least
one of the persons appointed to the district committee by the
boards of township trustees within the district, the person
appointed to the district committee to represent the interests of
private industry, and six additional district committee members
selected to serve on the executive committee by a majority of the
members of the district committee or their alternates, except that
not more than three persons who were appointed to the district
committee by a board of county commissioners and not more than
three persons who were appointed to the district committee by the
chief executives of the cities located in the district shall serve
on the executive committee.
(8) In districts fifteen and eighteen organized in accordance
with division (A)(6) of this section, an eleven-member executive
committee shall be established that shall include at least one of
the persons appointed to the district committee by the chief
executive officers of the villages within the district, at least
one of the persons appointed to the district committee by the
boards of township trustees within the district, the person
appointed to the district committee to represent the interests of
private industry, and eight additional district committee members
selected to serve on the executive committee by a majority of the
members of the district committee or their alternates, except that
not more than four persons who were appointed to the district
committee by a board of county commissioners and not more than
four persons who were appointed to the district committee by the
chief executives of the cities located in the district shall serve
on the executive committee. No more than two persons from each
county shall be on the executive committee.
All decisions of a district committee required to be
organized in accordance with divisions (A)(5) and (6) of this
section shall be approved by its executive committee. The
affirmative vote of at least seven executive committee members or
their alternates for executive committees formed under division
(A)(7) of this section and at least nine members or their
alternates for executive committees formed under division (A)(8)
of this section is required for any action taken by vote of the
executive committee, except that any decision of the executive
committee may be rejected by a vote of at least two-thirds of the
full membership of the district committee within thirty days of
the executive committee action. Only projects approved by the
executive committee may be submitted to the director of the Ohio
public works commission pursuant to section 164.05 of the Revised
Code.
(B) Appointing authorities that appoint district committee
members also may appoint an alternate for each committee member
appointed under divisions (A)(1) to (6) of this section. If a
district committee member is absent from a district or executive
committee or subcommittee meeting, the alternate has the right to
vote and participate in all proceedings and actions at that
meeting.
(C) Terms of office for members of district committees and
their alternates shall be for three years, with each term ending
on the same day of the same month as did the term that it
succeeds. Each member and that member's alternate shall hold
office from the date of appointment until the end of the term for
which the member is appointed, except that, with respect to any
member who was an elected or appointed official of a township,
county, or municipal corporation or that member's alternate, the
term of office for that person under this section shall not extend
beyond the member's term as an elected or appointed official
unless the member was appointed by a group of officials of more
than one political subdivision or the members of the district
committee, in which case the member's alternate shall continue to
serve for the full term. Members and their alternates may be
reappointed. Vacancies shall be filled in the same manner provided
for original appointments. Any member or that member's alternate
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member's or alternate's predecessor was
appointed shall hold office for the remainder of that term. A
member or that member's alternate shall continue in office
subsequent to the expiration date of the member's or alternate's
term until the member's or alternate's successor takes office or
until a period of sixty days has elapsed, whichever occurs first.
Each district public works local government integrating and
innovation committee shall elect a chairperson, vice-chairperson,
and other officers it considers advisable.
(D) For purposes of this chapter, if a subdivision is located
in more than one county or in more than one district, the
subdivision shall be deemed to be a part of the county or district
in which the largest number of its population is located. However,
if after a decennial census the change in a subdivision's
population would result in the subdivision becoming part of a
different county or district, the legislative authority of the
subdivision may, by resolution, choose to remain a part of the
county or district of which the subdivision was originally deemed
to be a part. Such a decision is not revocable unless similar
conditions arise following the next decennial census.
(E) Notwithstanding any provision of law to the contrary, a
county, municipal, or township public official may serve as a
member of a district public works local government integrating and
innovation committee.
(F) A member of a district committee or that member's
alternate does not have an unlawful interest in a public contract
under section 2921.42 of the Revised Code solely by virtue of the
receipt of financial assistance under this chapter by the local
subdivision of which the member or that member's alternate is also
a public official or appointee.
Sec. 164.05. (A) The director of the Ohio public works
commission shall do all of the following:
(1) Approve requests for financial assistance from
district
public works local government integrating and innovation
committees and enter into agreements with one or more local
subdivisions to provide loans, grants, and local debt support and
credit enhancements for a capital improvement project if the
director determines that:
(a) The project is an eligible project pursuant to this
chapter;
(b) The financial assistance for the project has been
properly approved and requested by the district committee of the
district which includes the recipient of the loan or grant;
(c) The amount of the financial assistance, when added to all
other financial assistance provided during the fiscal year for
projects within the district, does not exceed that district's
allocation of money from the state capital improvements fund for
that fiscal year;
(d) The district committee has provided such documentation
and other evidence as the director may require that the district
committee has satisfied the requirements of section 164.06 or
164.14 of the Revised Code;
(e) The portion of a district's annual allocation which the
director approves in the form of loans and local debt support and
credit enhancements for eligible projects is consistent with
divisions (E) and (F) of this section.
(2) Authorize payments to local subdivisions or their
contractors for costs incurred for capital improvement projects
which have been approved pursuant to this chapter. All requests
for payments shall be submitted to the director on forms and in
accordance with procedures specified in rules adopted by the
director pursuant to division (A)(4) of this section.
(3) Retain the services of or employ financial consultants,
engineers, accountants, attorneys, and such other employees as the
director determines are necessary to carry out the director's
duties under this chapter and fix the compensation for their
services;
(4) Adopt rules establishing the procedures for making
applications, reviewing, approving, and rejecting projects for
which assistance is authorized under this chapter, and any other
rules needed to implement the provisions of this chapter. Such
rules shall be adopted under Chapter 119. of the Revised Code.
(5) Provide information and other assistance to local
subdivisions and district public works local government
integrating and innovation committees in developing their requests
for financial assistance for capital improvements under this
chapter and encourage cooperation and coordination of requests and
the development of multisubdivision and multidistrict projects in
order to maximize the benefits that may be derived by districts
from each year's allocation;
(6) Require local subdivisions, to the extent practicable, to
use Ohio products, materials, services, and labor in connection
with any capital improvement project financed in whole or in part
under this chapter;
(7) Notify the director of budget and management of all
approved projects, and supply all information necessary to track
approved projects through the state accounting system;
(8) Appoint the administrator of the Ohio small government
capital improvements commission;
(9) Do all other acts, enter into contracts, and execute all
instruments necessary or appropriate to carry out this chapter;
(10) Develop a standardized methodology for evaluating
capital improvement needs which will be used by local subdivisions
in preparing the plans required by division (C) of section 164.06
of the Revised Code. The director shall develop this methodology
not later than July 1, 1991.
(11) Establish a program to provide local subdivisions with
technical assistance in preparing project applications. The
program shall be designed to assist local subdivisions that lack
the financial or technical resources to prepare project
applications on their own.
(B) When the director of the Ohio public works commission
decides to conditionally approve or disapprove projects, the
director's decisions and the reasons for which they are made shall
be made in writing. These written decisions shall be conclusive
for the purposes of the validity and enforceability of such
determinations.
(C) Fees, charges, rates of interest, times of payment of
interest and principal, and other terms, conditions, and
provisions of and security for financial assistance provided
pursuant to the provisions of this chapter shall be such as the
director determines to be appropriate. If any payments required by
a loan agreement entered into pursuant to this chapter are not
paid, the funds which would otherwise be apportioned to the local
subdivision from the county undivided local government fund,
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may,
at the direction of the director of the Ohio public works
commission, be reduced by the amount payable. The county treasurer
shall, at the direction of the director, pay the amount of such
reductions to the state capital improvements revolving loan fund.
The director may renegotiate a loan repayment schedule with a
local subdivision whose payments from the county undivided local
government fund could be reduced pursuant to this division, but
such a renegotiation may occur only one time with respect to any
particular loan agreement.
(D) Grants approved for the repair and replacement of
existing infrastructure pursuant to this chapter shall not exceed
ninety per cent of the estimated total cost of the capital
improvement project. Grants approved for new or expanded
infrastructure shall not exceed fifty per cent of the estimated
cost of the new or expansion elements of the capital improvement
project. A local subdivision share of the estimated cost of a
capital improvement may consist of any of the following:
(1) The reasonable value, as determined by the director or
the administrator, of labor, materials, and equipment that will be
contributed by the local subdivision in performing the capital
improvement project;
(2) Moneys received by the local subdivision in any form from
an authority, commission, or agency of the United States for use
in performing the capital improvement project;
(3) Loans made to the local subdivision under this chapter;
(4) Engineering costs incurred by the local subdivision in
performing engineering activities related to the project.
A local subdivision share of the cost of a capital
improvement shall not include any amounts awarded to it from the
local transportation improvement program fund created in section
164.14 of the Revised Code.
(E) The following portion of a district public works
local
government integrating and innovation committee's annual
allocation share pursuant to section 164.08 of the Revised Code
may be awarded to subdivisions only in the form of interest-free,
low-interest, market rate of interest, or blended-rate loans:
|
YEAR IN WHICH |
|
PORTION USED FOR |
|
|
|
MONEYS ARE ALLOCATED |
|
LOANS |
|
|
|
Year 1 |
|
0% |
|
|
|
Year 2 |
|
0% |
|
|
|
Year 3 |
|
10% |
|
|
|
Year 4 |
|
12% |
|
|
|
Year 5 |
|
15% |
|
|
|
Year 6 |
|
20% |
|
|
|
Year 7, 8, 9, and 10 |
|
22% |
|
|
(F) The following portion of a district public works
local
government integrating and innovation committee's annual
allocation pursuant to section 164.08 of the Revised Code shall be
awarded to subdivisions in the form of local debt supported and
credit enhancements:
|
|
|
PORTIONS USED FOR |
|
|
|
YEAR IN WHICH |
|
LOCAL DEBT SUPPORT |
|
|
|
MONEYS ARE ALLOCATED |
|
AND CREDIT ENHANCEMENTS |
|
|
|
Year 1 |
|
0% |
|
|
|
Year 2 |
|
0% |
|
|
|
Year 3 |
|
3% |
|
|
|
Year 4 |
|
5% |
|
|
|
Year 5 |
|
5% |
|
|
|
Year 6 |
|
7% |
|
|
|
Year 7 |
|
7% |
|
|
|
Year 8 |
|
8% |
|
|
|
Year 9 |
|
8% |
|
|
|
Year 10 |
|
8% |
|
|
(G) For the period commencing on March 29, 1988 and ending on
June 30, 1993, for the period commencing July 1, 1993, and ending
June 30, 1999, and for each five-year period thereafter, the total
amount of financial assistance awarded under sections 164.01 to
164.08 of the Revised Code for capital improvement projects
located wholly or partially within a county shall be equal to at
least thirty per cent of the amount of what the county would have
been allocated from the obligations authorized to be sold under
this chapter during each period, if such amounts had been
allocable to each county on a per capita basis.
(H) The amount of the annual allocations made pursuant to
divisions (B)(1) and (6) of section 164.08 of the Revised Code
which can be used for new or expanded infrastructure is limited as
follows:
|
|
|
PORTION WHICH MAY |
|
|
|
YEAR IN WHICH |
|
BE USED FOR NEW OR |
|
|
|
MONEYS ARE ALLOCATED |
|
EXPANSION INFRASTRUCTURE |
|
|
|
Year 1 |
|
5% |
|
|
|
Year 2 |
|
5% |
|
|
|
Year 3 |
|
10% |
|
|
|
Year 4 |
|
10% |
|
|
|
Year 5 |
|
10% |
|
|
|
Year 6 |
|
15% |
|
|
|
Year 7 |
|
15% |
|
|
|
Year 8 |
|
20% |
|
|
|
Year 9 |
|
20% |
|
|
|
Year 10 and each year |
|
|
|
|
|
thereafter |
|
20% |
|
|
(I) The following portion of a district public works
local
government integrating and innovation committee's annual
allocation share pursuant to section 164.08 of the Revised Code
shall be awarded to subdivisions in the form of interest-free,
low-interest, market rate of interest, or blended-rate loans, or
local debt support and credit enhancements:
|
PORTION USED FOR LOANS |
|
|
YEAR IN WHICH |
OR LOCAL DEBT SUPPORT |
|
|
MONEYS ARE ALLOCATED |
AND CREDIT ENHANCEMENTS |
|
|
Year 11 and each year |
|
|
|
thereafter |
20% |
|
|
(J) No project shall be approved under this section unless
the project is designed to have a useful life of at least seven
years. In addition, the average useful life of all projects for
which grants or loans are awarded in each district during a
program year shall not be less than twenty years.
Sec. 164.051. (A) The administrator of the Ohio small
government capital improvements commission shall review projects
submitted to him the administrator by subcommittees of district
public works local government integrating and innovation
committees in accordance with section 164.06 of the Revised Code.
If he the administrator determines that a project satisfies the
criteria of division (B) of that section, while taking into
consideration the special needs of villages and townships, the
administrator shall recommend to the Ohio small government capital
improvements commission that the project be approved. If
he the
administrator determines that a project should not be approved or
that a decision on the project should be delayed, such
determinations and an explanation should also be sent to the Ohio
small government capital improvements commission for final
resolution.
(B) With respect to projects which the Ohio small government
capital improvements commission approves, the administrator is
authorized to:
(1) Enter into agreements to provide financial assistance in
the form of loans, grants, or local debt support and credit
enhancements to villages or townships with populations in the
unincorporated areas of the township of less than five thousand;
(2) Authorize payments to such villages or townships or their
contractors for the costs incurred for capital improvement
projects which have been approved in accordance with this chapter.
All requests for payments shall be submitted to the administrator
on forms and in accordance with procedures specified in rules
adopted pursuant to division (A)(4) of section 164.05 of the
Revised Code.
(3) Notify the director of budget and management of all
approved projects, and supply all information necessary to track
the approved projects through the state accounting system.
(4) Do all other acts and enter into contracts and execute
all instruments necessary or appropriate to carry out this
section.
(C) Fees, charges, rates of interest, times of payment of
interest and principal, and other terms, conditions, and
provisions of and security for financial assistance provided
pursuant to the provisions of this section shall be such as the
administrator determines to be appropriate. If any payments
required by a loan agreement entered into pursuant to this section
are not paid, the funds which would otherwise be apportioned to
the local subdivision from the county undivided local government
fund, pursuant to sections 5747.51 to 5747.53 of the Revised Code,
may, at the direction of the Ohio small government capital
improvements commission, be reduced by the amount payable. The
county treasurer shall, at the direction of the commission, pay
the amount of such reductions to the state capital improvements
revolving loan fund. Subject to the approval of the Ohio small
government capital improvements commission, the administrator may
renegotiate a loan repayment schedule with a local subdivision
whose payments from the county undivided local government fund
could be reduced pursuant to this division, but such a
renegotiation may occur only one time with respect to any
particular loan agreement.
Sec. 164.06. (A) Each district public works local government
integrating
and innovation committee shall evaluate materials
submitted to it by the local subdivisions located in the district
concerning capital improvements for which assistance is sought
from the state capital improvements fund and shall, pursuant to
division (B) of this section, select the requests for financial
assistance that will be formally submitted by the district to the
director of the Ohio public works commission. In order to provide
for the efficient use of the district's state capital improvements
fund allocation each year, a district committee shall assist its
subdivisions in the preparation and coordination of project plans.
(B) In selecting the requests for assistance for capital
improvement projects which will be submitted to the director, and
in determining the nature, amount, and terms of the assistance
that will be requested, a district public works local government
integrating
and innovation committee shall give priority to
capital improvement projects for the repair or replacement of
existing infrastructure and which would be unlikely to be
undertaken without assistance under this chapter, and shall
specifically consider all of the following factors:
(1) The infrastructure repair and replacement needs of the
district;
(2) The age and condition of the system to be repaired or
replaced;
(3) Whether the project would generate revenue in the form of
user fees or assessments;
(4) The importance of the project to the health and safety of
the citizens of the district;
(5) The cost of the project and whether it is consistent with
division (G) of section 164.05 of the Revised Code and the
district's allocation for grants, loans, and local debt support
and credit enhancements for that year;
(6) The effort and ability of the benefited local
subdivisions to assist in financing the project;
(7) The availability of federal or other funds for the
project;
(8) The overall economic health of the particular local
subdivision;
(9) The adequacy of the planning for the project and the
readiness of the applicant to proceed should the project be
approved;
(10) Any other factors relevant to a particular project.
(C) Prior to filing an application with its district public
works local government integrating and innovation committee for
assistance in financing a capital improvement project under this
section, a local subdivision shall conduct a study of its existing
capital improvements, the condition of those improvements, and the
projected capital improvement needs of the subdivision in the
ensuing five-year period. After completing this study, the
subdivision shall compile a report that includes an inventory of
its existing capital improvements, a plan detailing the capital
improvement needs of the subdivision in the ensuing five-year
period, and a list of the subdivision's priorities with respect to
addressing those needs. Each year, the report shall be reviewed
and updated by the subdivision to reflect capital improvement
projects undertaken or completed in the past year and any changes
in the subdivision's plan or priorities. The report and annual
updates shall be made available upon request to the Ohio public
works commission, the Ohio small government capital improvements
commission, and the district public works
local government
integrating and innovation committee of the district of which the
subdivision is a part.
(D) In addition to reviewing and selecting the projects for
which approval will be sought from the director of the Ohio public
works commission for financial assistance from the state capital
improvements fund, each district public works local government
integrating
and innovation committee shall appoint a subcommittee
of its members that will represent the interests of villages and
townships and that will review and select the capital improvement
projects which will be submitted by the subcommittee to the
administrator of the Ohio small government capital improvements
commission for consideration of assistance from the portion of the
net proceeds of obligations issued and sold by the treasurer of
state which is allocated pursuant to division (B)(1) of section
164.08 of the Revised Code. In reviewing and approving the
projects selected by its subcommittee, the administrator, and the
Ohio small government capital improvements commission shall be
guided by the provisions of division (B) of this section, and
shall also take into account the fact that villages and townships
may have different public infrastructure needs than larger
subdivisions.
(E) The district public works local government integrating
and innovation committee for each district that includes at least
one county with a population of less than eighty-five thousand
according to the most recent decennial census shall appoint a
subcommittee of its members for the purposes of the small counties
capital improvement program created under division (F) of section
164.02 of the Revised Code. The subcommittee shall select and
submit to the director the projects that will be considered for
assistance from the money allocated to the program under division
(B)(4) of section 164.08 of the Revised Code.
Sec. 164.08. (A) Except as provided in sections 151.01 and
151.08 or section 164.09 of the Revised Code, the net proceeds of
obligations issued and sold by the treasurer of state pursuant to
section 164.09 of the Revised Code before September 30, 2000, or
pursuant to sections 151.01 and 151.08 of the Revised Code, for
the purpose of financing or assisting in the financing of the cost
of public infrastructure capital improvement projects of local
subdivisions, as provided for in Section 2k, 2m, or 2p of Article
VIII, Ohio Constitution, and this chapter, shall be paid into the
state capital improvements fund, which is hereby created in the
state treasury. Investment earnings on moneys in the fund shall be
credited to the fund.
(B) Beginning July 1, 2011, each program year the amount of
obligations authorized by the general assembly in accordance with
sections 151.01 and 151.08 or section 164.09 of the Revised Code,
excluding the proceeds of refunding or renewal obligations, shall
be allocated by the director of the Ohio public works commission
as follows:
(1) First, fifteen million dollars of the amount of
obligations authorized shall be allocated to provide financial
assistance to villages and to townships with populations in the
unincorporated areas of the township of less than five thousand
persons, for capital improvements in accordance with section
164.051 and division (D) of section 164.06 of the Revised Code. As
used in division (B)(1) of this section, "capital improvements"
includes resurfacing and improving roads.
(2) Following the allocation required by division (B)(1) of
this section, the director may allocate three million dollars of
the authorized obligations to provide financial assistance to
local subdivisions for capital improvement projects which in the
judgment of the director of the Ohio public works commission are
necessary for the immediate preservation of the health, safety,
and welfare of the citizens of the local subdivision requesting
assistance.
(3) For the second, third, fourth, and fifth years that
obligations are authorized and are available for allocation under
this chapter, one million dollars shall be allocated to the sewer
and water fund created in section 1525.11 of the Revised Code.
Money from this allocation shall be transferred to that fund when
needed to support specific payments from that fund.
(4) For program years twelve and fourteen that obligations
are authorized and available for allocation under this chapter,
two million dollars each program year shall be allocated to the
small county capital improvement program for use in providing
financial assistance under division (F) of section 164.02 of the
Revised Code.
(5) After the allocation required by division (B)(3) of this
section is made, the director shall determine the amount of the
remaining obligations authorized to be issued and sold that each
county would receive if such amounts were allocated on a per
capita basis each year. If a county's per capita share for the
year would be less than three hundred thousand dollars, the
director shall allocate to the district in which that county is
located an amount equal to the difference between three hundred
thousand dollars and the county's per capita share.
(6) After making the allocation required by division (B)(5)
of this section, the director shall allocate the remaining amount
to each district on a per capita basis.
(C)(1) There is hereby created in the state treasury the
state capital improvements revolving loan fund, into which shall
be deposited all repayments of loans made to local subdivisions
for capital improvements pursuant to this chapter. Investment
earnings on moneys in the fund shall be credited to the fund.
(2) There may also be deposited in the state capital
improvements revolving loan fund moneys obtained from federal or
private grants, or from other sources, which are to be used for
any of the purposes authorized by this chapter. Such moneys shall
be allocated each year in accordance with division (B)(6) of this
section.
(3) Moneys deposited into the state capital improvements
revolving loan fund shall be used to make loans for the purpose of
financing or assisting in the financing of the cost of capital
improvement projects of local subdivisions.
(4) Investment earnings credited to the state capital
improvements revolving loan fund that exceed the amounts required
to meet estimated federal arbitrage rebate requirements shall be
used to pay costs incurred by the public works commission in
administering this section. Investment earnings credited to the
state capital improvements revolving loan fund that exceed the
amounts required to pay for the administrative costs and estimated
rebate requirements shall be allocated to each district on a per
capita basis.
(5) Each program year, loan repayments received and on
deposit in the state capital improvements revolving loan fund
shall be allocated as follows:
(a) Each district public works local government integrating
and innovation committee shall be allocated an amount equal to the
sum of all loan repayments made to the state capital improvements
revolving loan fund by local subdivisions that are part of the
district. Moneys not used in a program year may be used in the
next program year in the same manner and for the same purpose as
originally allocated.
(b) Loan repayments made pursuant to projects approved under
division (B)(1) of this section shall be used to make loans in
accordance with section 164.051 and division (D) of section 164.06
of the Revised Code. Allocations for this purpose made pursuant to
division (C)(5) of this section shall be in addition to the
allocation provided in division (B)(1) of this section.
(c) Loan repayments made pursuant to projects approved under
division (B)(2) of this section shall be used to make loans in
accordance with division (B)(2) of this section. Allocations for
this purpose made pursuant to division (C)(5) of this section
shall be in addition to the allocation provided in division (B)(2)
of this section.
(d) Loans made from the state capital improvements revolving
loan fund shall not be limited in their usage by divisions (E),
(F), (G), (H), and (I) of section 164.05 of the Revised Code.
(D) Investment earnings credited to the state capital
improvements fund that exceed the amounts required to meet
estimated federal arbitrage rebate requirements shall be used to
pay costs incurred by the public works commission in administering
sections 164.01 to 164.12 of the Revised Code.
(E) The director of the Ohio public works commission shall
notify the director of budget and management of the amounts
allocated pursuant to this section and such information shall be
entered into the state accounting system. The director of budget
and management shall establish appropriation line items as needed
to track these allocations.
(F) If the amount of a district's allocation in a program
year exceeds the amount of financial assistance approved for the
district by the commission for that year, the remaining portion of
the district's allocation shall be added to the district's
allocation pursuant to division (B) of this section for the next
succeeding year for use in the same manner and for the same
purposes as it was originally allocated, except that any portion
of a district's allocation which was available for use on new or
expanded infrastructure pursuant to division (H) of section 164.05
of the Revised Code shall be available in succeeding years only
for the repair and replacement of existing infrastructure.
(G) When an allocation based on population is made by the
director pursuant to division (B) of this section, the director
shall use the most recent decennial census statistics, and shall
not make any reallocations based upon a change in a district's
population.
Sec. 164.14. (A) The local transportation improvement
program fund is hereby created in the state treasury. The fund
shall consist of moneys credited to it pursuant to sections 117.16
and 5735.23 of the Revised Code, and, subject to the limitations
of section 5735.05 of the Revised Code, shall be used to make
grants to local subdivisions for projects that have been approved
by
district public works local government integrating and
innovation committees and the Ohio public works commission in
accordance with this section. The fund shall be administered by
the Ohio public works commission, and shall be allocated each
fiscal year on a per capita basis to district public works local
government integrating and innovation committees in accordance
with the most recent decennial census statistics. Money in the
fund may be used to pay reasonable costs incurred by the
commission in administering this section. Investment earnings on
moneys credited to the fund shall be retained by the fund.
(B) Grants awarded under this section may provide up to one
hundred per cent of the estimated total cost of the project.
(C) No grant shall be awarded for a project under this
section unless the project is designed to have a useful life of at
least seven years, except that the average useful life of all such
projects for which grants are awarded in each district during a
fiscal year shall be not less than twenty years.
(D) For the period beginning on July 1, 1989, and ending on
June 30, 1994, and for each succeeding five-year period, at least
one-third of the total amount of money allocated to each district
from the local transportation improvement program fund shall be
awarded as follows:
(1) Forty-two and eight-tenths per cent for projects of
municipal corporations;
(2) Thirty-seven and two-tenths per cent for projects of
counties;
(3) Twenty per cent for projects of townships, except that
the requirement of division (D)(3) of this section shall not apply
in districts where the combined population of the townships in the
district is less than five per cent of the population of the
district.
(E) Each district public works local government integrating
and innovation committee shall review, and approve or disapprove
requests submitted to it by local subdivisions for assistance from
the local transportation improvement program fund. In reviewing
projects submitted to it, a district public works local government
integrating and innovation committee shall consider the following
factors:
(1) Whether the project is of critical importance to the
safety of the residents of the local subdivision;
(2) Whether the project would alleviate serious traffic
problems or hazards or would respond to needs caused by rapid
growth and development;
(3) Whether the project would assist the local subdivision in
attaining the transportation infrastructure needed to pursue
significant and specific economic development opportunities;
(4) The availability of other sources of funding for the
project;
(5) The adequacy of the planning for the project and the
readiness of the local subdivision to proceed should the project
be approved;
(6) The local subdivision's ability to pay for and history of
investing in bridge and highway improvements;
(7) The impact of the project on the multijurisdictional
highway and bridge needs of the district;
(8) The requirements of divisions (A), (B), (C), and (D) of
this section;
(9) The condition of the infrastructure system proposed for
improvement;
(10) Any other factors related to the safety, orderly growth,
or economic development of the district or local subdivision that
the district public works local government integrating and
innovation committee considers relevant.
A district public works local government integrating and
innovation committee or its executive committee may appoint a
subcommittee to assist it in carrying out its responsibilities
under this section.
(F) Every project approved by a district public works
local
government integrating and innovation committee shall be submitted
to the Ohio public works commission for its review and approval or
disapproval. The commission shall not approve any project that
fails to meet the requirements of this section.
(G) Grants awarded from the local transportation improvement
program fund shall not be limited in their usage by divisions (D),
(E), (F), (G), (H), and (I) of section 164.05 of the Revised Code.
(H) As used in this section, "local subdivision" means a
county, municipal corporation, or township.
(I) The director of the Ohio public works commission shall
notify the director of budget and management of the amounts
allocated pursuant to this section, and the allocation information
shall be entered into the state accounting system. The director of
budget and management shall establish appropriation line items as
needed to track these allocations.
Sec. 164.21. (A) Each district public works local government
integrating
and innovation committee or, if applicable, the
executive committee of the integrating and innovation committee
shall appoint a natural resources assistance council consisting of
eleven members. Of the eleven members, one shall be a member of
the appointing integrating and innovation committee and one shall
represent a soil and water conservation district that is located
within the geographical jurisdiction of the appointing integrating
and innovation committee. The nine other members of the council
shall be appointed from the following categories of organizations,
units of government, or agencies and shall include at least one
member from each of those categories:
(1) A county, municipal corporation, township, conservancy
district, regional or joint district or unit of local government,
or regional or joint political subdivision that is located within
the geographical jurisdiction of the appointing integrating
and
innovation committee;
(2) A conservation organization, an environmental advocacy
organization, an organization with a primary interest in watershed
protection and restoration, the department of natural resources,
the environmental protection agency, or the United States natural
resources conservation service;
(3) A city park system or metropolitan park system or a board
of park commissioners from a county that is located within the
geographical jurisdiction of the appointing integrating
and
innovation committee, a statewide parks and recreation
organization, or the United States national park service;
(4) A statewide organization representing agriculture, an
organization representing forestry interests, the department of
agriculture, or the United States department of agriculture;
(5) An organization representing business, local realtors, or
a planning agency, including a port authority, located within the
geographical jurisdiction of the appointing integrating
and
innovation committee.
No organization, unit of government, or agency that is listed
in divisions (A)(1) to (5) of this section shall be represented by
more than one member on the council at any given time. The
membership of a natural resources assistance council shall reflect
the demographic and economic diversity of the population located
within the geographical area represented by the council.
A council shall be appointed by the appropriate integrating
and innovation committee not later than ninety days after
the
effective date of this section
July 26, 2001. Of the initial
members appointed to the council, four shall be appointed for one
year, four shall be appointed for two years, and three shall be
appointed for three years. Thereafter, terms of office for members
of the council shall be for three years, with each term ending on
the same day of the same month as did the term that it succeeds.
Each member shall hold office from the date of appointment until
the end of the term for which the member is appointed, except
that, with respect to any member who is an elected or appointed
official of a township, municipal corporation, or county, the term
of office for that person on the council shall not extend beyond
the member's term as an elected or appointed official.
Members may be reappointed. Vacancies shall be filled in the
same manner provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member was appointed shall hold office
for the remainder of that term. A member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office or until a period of sixty days
has elapsed, whichever occurs first. Members may be removed by the
district public works local government integrating and innovation
committee for misfeasance, malfeasance, or nonfeasance in office.
(B) A natural resources assistance council shall elect a
chairperson, a vice-chairperson, and other officers that the
council considers appropriate. A council may adopt bylaws
governing its operation, including bylaws that establish the
frequency of regular meetings and any necessary procedures. All
meetings of a council are subject to section 121.22 of the Revised
Code.
(C) Serving as a member of a natural resources assistance
council under this section does not constitute holding a public
office or position of employment under the laws of this state and
does not confer a right to compensation from any agency of this
state. A member of a natural resources assistance council does not
have an unlawful interest in a public contract under section
2921.42 of the Revised Code solely by virtue of the receipt of
financial assistance under sections 164.20 to 164.27 of the
Revised Code by the local political subdivision of which the
member is also a public official or appointee.
(D) Sections 101.82 to 101.87 of the Revised Code do not
apply to natural resources assistance councils.
Sec. 164.30. (A) There is hereby created in the state
treasury the local government integrating and innovation fund. The
fund shall be composed of credits to the fund from revenue from
the commercial activity tax under section 5751.20 of the Revised
Code. The purpose of the fund is to provide grants to local
subdivisions to implement and enhance the sharing of services.
(B) Money in the fund shall be allocated among the local
government integrating and innovation committees created under
section 164.03 of the Revised Code beginning in fiscal year 2012.
The amount allocated to each such committee each fiscal year shall
be proportionate to the amount distributed in the most recently
closed program year from the state capital improvements fund to
local subdivisions within the district represented by that
committee.
(C) Local subdivisions in each district may apply to the
district's local government integrating and innovation committee
for grants from the local government integrating and innovation
fund to assist with the payment of allowable expenses of
implementing or enhancing service sharing among local
subdivisions. For the purposes of this section, allowable expenses
include costs of making the transition to shared services,
establishing shared services, and paying for the initial
operations of the shared services; allowable expenses does not
include costs of ongoing operations of shared services. The
applications shall describe, in the manner and as directed by the
committee, the shared services, the projected cost savings of the
shared services, and any other matters the committee requires.
(D) Each local government integrating and innovation
committee shall accept and review such applications and award
grants to the applicants the committee determines to be proposing
shared services resulting in the greatest cost efficiencies,
subject to the following:
(1) Not less than twenty per cent of the grant money
available to each district shall be awarded to townships.
(2) Up to thirty per cent of the grant money available to
each district shall be awarded to local subdivisions determined to
be in fiscal emergency under Chapter 118. of the Revised Code, the
primary cause of the emergency being, in the opinion of the
committee, reductions in revenue from federal, state, or local
government sources since 2008.
(3) Not more than two hundred fifty thousand dollars may be
awarded to each applicant for each service-sharing proposal.
Upon approval of a grant application, a committee shall
forward the application and evidence of the committee's approval
to the director of the Ohio public works commission, who shall
review the materials and, if the director finds that the
application was properly approved under the terms of this section,
the director shall authorize the award of the grant to the local
subdivision.
(E) Not more than three per cent of the money credited to the
local government integrating and innovation fund may be used by
the director of the Ohio public works commission to defray the
costs of the commission or of local government integrating and
innovation committees in administering this section.
Sec. 166.02. (A) The general assembly finds that many local
areas throughout the state are experiencing economic stagnation or
decline, and that the economic development programs provided for
in this chapter will constitute deserved, necessary reinvestment
by the state in those areas, materially contribute to their
economic revitalization, and result in improving the economic
welfare of all the people of the state. Accordingly, it is
declared to be the public policy of the state, through the
operations of this chapter and other applicable laws adopted
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,
and other authority vested in the general assembly, to assist in
and facilitate the establishment or development of eligible
projects or assist and cooperate with any governmental agency in
achieving such purpose.
(B) In furtherance of such public policy and to implement
such purpose, the director of development may:
(1) After consultation with appropriate governmental
agencies, enter into agreements with persons engaged in industry,
commerce, distribution, or research and with governmental agencies
to induce such persons to acquire, construct, reconstruct,
rehabilitate, renovate, enlarge, improve, equip, or furnish, or
otherwise develop, eligible projects and make provision therein
for project facilities and governmental actions, as authorized by
this chapter and other applicable laws, subject to any required
actions by the general assembly or the controlling board and
subject to applicable local government laws and regulations;
(2) Provide for the guarantees and loans as provided for in
sections 166.06 and 166.07 of the Revised Code;
(3) Subject to release of such moneys by the controlling
board, contract for labor and materials needed for, or contract
with others, including governmental agencies, to provide, project
facilities the allowable costs of which are to be paid for or
reimbursed from moneys in the facilities establishment fund, and
contract for the operation of such project facilities;
(4) Subject to release thereof by the controlling board, from
moneys in the facilities establishment fund acquire or contract to
acquire by gift, exchange, or purchase, including the obtaining
and exercise of purchase options, property, and convey or
otherwise dispose of, or provide for the conveyance or disposition
of, property so acquired or contracted to be acquired by sale,
exchange, lease, lease purchase, conditional or installment sale,
transfer, or other disposition, including the grant of an option
to purchase, to any governmental agency or to any other person
without necessity for competitive bidding and upon such terms and
conditions and manner of consideration pursuant to and as the
director determines to be appropriate to satisfy the objectives of
sections 166.01 to 166.11 of the Revised Code;
(5) Retain the services of or employ financial consultants,
appraisers, consulting engineers, superintendents, managers,
construction and accounting experts, attorneys, and employees,
agents, and independent contractors as are necessary in the
director's judgment and fix the compensation for their services;
(6) Receive and accept from any person grants, gifts, and
contributions of money, property, labor, and other things of
value, to be held, used and applied only for the purpose for which
such grants, gifts, and contributions are made;
(7) Enter into appropriate arrangements and agreements with
any governmental agency for the taking or provision by that
governmental agency of any governmental action;
(8) Do all other acts and enter into contracts and execute
all instruments necessary or appropriate to carry out the
provisions of this chapter;
(9) Adopt rules to implement any of the provisions of this
chapter applicable to the director.
(C) The determinations by the director that facilities
constitute eligible projects, that facilities are project
facilities, that costs of such facilities are allowable costs, and
all other determinations relevant thereto or to an action taken or
agreement entered into shall be conclusive for purposes of the
validity and enforceability of rights of parties arising from
actions taken and agreements entered into under this chapter.
(D) Except as otherwise prescribed in this chapter, all
expenses and obligations incurred by the director in carrying out
the director's powers and in exercising the director's duties
under this chapter, shall be payable solely from, as appropriate,
moneys in the facilities establishment fund, the loan guarantee
fund, the innovation Ohio loan guarantee fund, the innovation Ohio
loan fund, the research and development loan fund, the logistics
and distribution infrastructure fund, the logistics and
distribution infrastructure taxable bond fund, or moneys
appropriated for such purpose by the general assembly. This
chapter does not authorize the director or the issuing authority
under section 166.08 of the Revised Code to incur bonded
indebtedness of the state or any political subdivision thereof, or
to obligate or pledge moneys raised by taxation for the payment of
any bonds or notes issued or guarantees made pursuant to this
chapter.
(E)
No financial assistance for project facilities shall be
provided under this chapter unless the provisions of the agreement
providing for such assistance specify that all wages paid to
laborers and mechanics employed on such project facilities for
which the assistance is granted shall be paid at the prevailing
rates of wages of laborers and mechanics for the class of work
called for by such project facilities, which wages shall be
determined in accordance with the requirements of Chapter 4115. of
the Revised Code for determination of prevailing wage rates,
provided that the requirements of this division do not apply where
the federal government or any of its agencies provides financing
assistance as to all or any part of the funds used in connection
with such project facilities and prescribes predetermined minimum
wages to be paid to such laborers and mechanics; and provided
further that should a nonpublic user beneficiary of the eligible
project undertake, as part of the eligible project, construction
to be performed by its regular bargaining unit employees who are
covered under a collective bargaining agreement which was in
existence prior to the date of the document authorizing such
assistance then, in that event, the rate of pay provided under the
collective bargaining agreement may be paid to such employees.
(F) Any governmental agency may enter into an agreement with
the director, any other governmental agency, or a person to be
assisted under this chapter, to take or provide for the purposes
of this chapter any governmental action it is authorized to take
or provide, and to undertake on behalf and at the request of the
director any action which the director is authorized to undertake
pursuant to divisions (B)(3), (4), and (5) of this section or
divisions (B)(3), (4), and (5) of section 166.12 of the Revised
Code. Governmental agencies of the state shall cooperate with and
provide assistance to the director of development and the
controlling board in the exercise of their respective functions
under this chapter.
Sec. 173.14. As used in sections 173.14 to 173.27 of the
Revised Code:
(A)(1) Except as otherwise provided in division (A)(2) of
this section, "long-term care facility" includes any residential
facility that provides personal care services for more than
twenty-four hours for two or more unrelated adults, including all
of the following:
(a) A "nursing home," "residential care facility," or "home
for the aging" as defined in section 3721.01 of the Revised Code;
(b) A facility authorized to provide extended care services
under Title XVIII of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C. 301, as amended, including a long-term acute
care hospital that provides medical and rehabilitative care to
patients who require an average length of stay greater than
twenty-five days and is classified by the centers for medicare and
medicaid services as a long-term care hospital pursuant to 42
C.F.R. 412.23(e);
(c) A county home or district home operated pursuant to
Chapter 5155. of the Revised Code;
(d) An "adult care facility" as defined in section 3722.01
5119.70 of the Revised Code;
(e) A facility approved by the veterans administration under
section 104(a) of the "Veterans Health Care Amendments of 1983,"
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for
the placement and care of veterans;
(f) An adult foster home certified under section 173.36
5119.692 of the Revised Code.
(2) "Long-term care facility" does not include a "residential
facility" as defined in section 5119.22 of the Revised Code or a
"residential facility" as defined in section 5123.19 of the
Revised Code.
(B) "Resident" means a resident of a long-term care facility
and, where appropriate, includes a prospective, previous, or
deceased resident of a long-term care facility.
(C) "Community-based long-term care services" means health
and social services provided to persons in their own homes or in
community care settings, and includes any of the following:
(7) Home-delivered meals;
(9) Physical, occupational, and speech therapy;
(11) Any other health and social services provided to persons
that allow them to retain their independence in their own homes or
in community care settings.
(D) "Recipient" means a recipient of community-based
long-term care services and, where appropriate, includes a
prospective, previous, or deceased recipient of community-based
long-term care services.
(E) "Sponsor" means an adult relative, friend, or guardian
who has an interest in or responsibility for the welfare of a
resident or a recipient.
(F) "Personal care services" has the same meaning as in
section 3721.01 of the Revised Code.
(G) "Regional long-term care ombudsperson program" means an
entity, either public or private and nonprofit, designated as a
regional long-term care ombudsperson program by the state
long-term care ombudsperson.
(H) "Representative of the office of the state long-term care
ombudsperson program" means the state long-term care ombudsperson
or a member of the ombudsperson's staff, or a person certified as
a representative of the office under section 173.21 of the Revised
Code.
(I) "Area agency on aging" means an area agency on aging
established under the "Older Americans Act of 1965," 79 Stat. 219,
42 U.S.C.A. 3001, as amended.
Sec. 173.21. (A) The office of the state long-term care
ombudsman ombudsperson program, through the state long-term care
ombudsman ombudsperson and the regional long-term care ombudsman
ombudsperson programs, shall require each representative of the
office to complete a training and certification program in
accordance with this section and to meet the continuing education
requirements established under this section.
(B) The department of aging shall adopt rules under Chapter
119. of the Revised Code specifying the content of training
programs for representatives of the office of the state long-term
care ombudsman ombudsperson program. Training for representatives
other than those who are volunteers providing services through
regional long-term care ombudsman ombudsperson programs shall
include instruction regarding federal, state, and local laws,
rules, and policies on long-term care facilities and
community-based long-term care services; investigative techniques;
and other topics considered relevant by the department and shall
consist of the following:
(1) A minimum of forty clock hours of basic instruction,
which shall be completed before the trainee is permitted to handle
complaints without the supervision of a representative of the
office certified under this section;
(2) An additional sixty clock hours of instruction, which
shall be completed within the first fifteen months of employment;
(3) An internship of twenty clock hours, which shall be
completed within the first twenty-four months of employment,
including instruction in, and observation of, basic nursing care
and long-term care provider operations and procedures. The
internship shall be performed at a site that has been approved as
an internship site by the state long-term care ombudsman
ombudsperson.
(4) One of the following, which shall be completed within the
first twenty-four months of employment:
(a) Observation of a survey conducted by the director of
health to certify a facility to receive funds under sections
5111.20 to 5111.32 of the Revised Code;
(b) Observation of an inspection conducted by the director of
mental health to license an adult care facility under section
3722.04 5119.73 of the Revised Code.
(5) Any other training considered appropriate by the
department.
(C) Persons who for a period of at least six months prior to
June 11, 1990, served as ombudsmen through the long-term care
ombudsman ombudsperson program established by the department of
aging under division (M) of section 173.01 of the Revised Code
shall not be required to complete a training program. These
persons and persons who complete a training program shall take an
examination administered by the department of aging. On attainment
of a passing score, the person shall be certified by the
department as a representative of the office. The department shall
issue the person an identification card, which the representative
shall show at the request of any person with whom he the
representative deals while performing his the representative's
duties and which he shall surrender be surrendered at the time he
the representative separates from the office.
(D) The state ombudsman ombudsperson and each regional
program shall conduct training programs for volunteers on their
respective staffs in accordance with the rules of the department
of aging adopted under division (B) of this section. Training
programs may be conducted that train volunteers to complete some,
but not all, of the duties of a representative of the office. Each
regional office shall bear the cost of training its
representatives who are volunteers. On completion of a training
program, the representative shall take an examination administered
by the department of aging. On attainment of a passing score, he a
volunteer shall be certified by the department as a representative
authorized to perform services specified in the certification. The
department shall issue an identification card, which the
representative shall show at the request of any person with whom
he the representative deals while performing
his the
representative's duties and which he shall
surrender be
surrendered at the time he the representative separates from the
office. Except as a supervised part of a training program, no
volunteer shall perform any duty unless he is certified as a
representative having received appropriate training for that duty.
(E) The state ombudsman ombudsperson shall provide technical
assistance to regional programs conducting training programs for
volunteers and shall monitor the training programs.
(F) Prior to scheduling an observation of a certification
survey or licensing inspection for purposes of division (B)(4) of
this section, the state ombudsman ombudsperson shall obtain
permission to have the survey or inspection observed from both the
director of health and the long-term care facility at which the
survey or inspection is to take place.
(G) The department of aging shall establish continuing
education requirements for representatives of the office.
Sec. 173.26. (A) Each of the following facilities shall
annually pay to the department of aging six dollars for each bed
maintained by the facility for use by a resident during any part
of the previous year:
(1) Nursing homes, residential care facilities, and homes for
the aging as defined in section 3721.01 of the Revised Code;
(2) Facilities authorized to provide extended care services
under Title XVIII of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C. 301, as amended, including a long-term acute
care hospital that provides medical and rehabilitative care to
patients who require an average length of stay greater than
twenty-five days and is classified by the centers for medicare and
medicaid services as a long-term care hospital pursuant to 42
C.F.R. 412.23(e);
(3) County homes and district homes operated pursuant to
Chapter 5155. of the Revised Code;
(4) Adult care facilities as defined in section 3722.01
5119.70 of the Revised Code;
(5) Facilities approved by the Veterans Administration under
Section 104(a) of the "Veterans Health Care Amendments of 1983,"
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for
the placement and care of veterans.
The department shall, by rule adopted in accordance with
Chapter 119. of the Revised Code, establish deadlines for payments
required by this section. A facility that fails, within ninety
days after the established deadline, to pay a payment required by
this section shall be assessed at two times the original invoiced
payment.
(B) All money collected under this section shall be deposited
in the state treasury to the credit of the office of the state
long-term care ombudsperson program fund, which is hereby created.
Money credited to the fund shall be used solely to pay the costs
of operating the regional long-term care ombudsperson programs.
(C) The state long-term care ombudsperson and the regional
programs may solicit and receive contributions to support the
operation of the office or a regional program, except that no
contribution shall be solicited or accepted that would interfere
with the independence or objectivity of the office or program.
Sec. 173.391. (A) The department of aging or its designee
shall do all of the following in accordance with Chapter 119. of
the Revised Code:
(1) Certify a person or government entity to provide
community-based long-term care services under a program the
department administers if the person or government entity
satisfies the requirements for certification established by rules
adopted under division (B) of this section and pays the fee, if
any, established by rules adopted under division (G) of this
section;
(2) When required to do so by rules adopted under division
(B) of this section, take one or more of the following
disciplinary actions against a person or government entity issued
a certificate certified under division (A)(1) of this section:
(a) Issue a written warning;
(b) Require the submission of a plan of correction or
evidence of compliance with requirements identified by the
department;
(e) Impose a fiscal sanction such as a civil monetary penalty
or an order that unearned funds be repaid;
(f) Suspend the certification;
(g) Revoke the certificate certification;
(g)(h) Impose another sanction.
(3) Hold Except as provided in division (E) of this section,
hold hearings when there is a dispute between the department or
its designee and a person or government entity concerning actions
the department or its designee takes or does not take regarding a
decision not to certify the person or government entity under
division (A)(1) of this section or a disciplinary action under
division (A)(1) or (2)(c)(e) to (g)(h) of this section.
(B) The director of aging shall adopt rules in accordance
with Chapter 119. of the Revised Code establishing certification
requirements and standards for determining which type of
disciplinary action to take under division (A)(2) of this section
in individual situations. The rules shall establish procedures for
all of the following:
(1) Ensuring that community-based long-term care agencies
comply with section 173.394 of the Revised Code;
(2) Evaluating the services provided by the agencies to
ensure that they the services are provided in a quality manner
advantageous to the individual receiving the services;
(3) Determining when to take disciplinary action under
division (A)(2) of this section and which disciplinary action to
take;
(4) Determining what constitutes another sanction for
purposes of division (A)(2)(h) of this section.
(C) The procedures established in rules adopted under
division (B)(2) of this section shall require that all of the
following be considered as part of an evaluation described in
division (B)(2) of this section:
(1) The service provider's community-based long-term care
agency's experience and financial responsibility;
(2) The service provider's agency's ability to comply with
standards for the community-based long-term care services that the
provider agency provides under a program the department
administers;
(3) The service provider's agency's ability to meet the needs
of the individuals served;
(4) Any other factor the director considers relevant.
(D) The rules adopted under division (B)(3) of this section
shall specify that the reasons disciplinary action may be taken
under division (A)(2) of this section include good cause,
including misfeasance, malfeasance, nonfeasance, confirmed abuse
or neglect, financial irresponsibility, or other conduct the
director determines is injurious, or poses a threat, to the health
or safety of individuals being served.
(E) Subject to division (F) of this section, the department
is not required to hold hearings under division (A)(3) of this
section if any of the following conditions apply:
(1) Rules adopted by the director of aging pursuant to this
chapter require the community-based long-term care agency to be a
party to a provider agreement; hold a license, certificate, or
permit; or maintain a certification, any of which is required or
issued by a state or federal government entity other than the
department of aging, and either of the following is the case:
(a) The provider agreement has not been entered into or the
license, certificate, permit, or certification has not been
obtained or maintained.
(b) The provider agreement, license, certificate, permit, or
certification has been denied, revoked, not renewed, or suspended
or has been otherwise restricted.
(2) The agency's certification under this section has been
denied, suspended, or revoked for any of the following reasons:
(a) A government entity of this state, other than the
department of aging, has terminated or refused to renew any of the
following held by, or has denied any of the following sought by, a
community-based long-term care agency: a provider agreement,
license, certificate, permit, or certification. Division (E)(2)(a)
of this section applies regardless of whether the agency has
entered into a provider agreement in, or holds a license,
certificate, permit, or certification issued by, another state.
(b) The agency or a principal owner or manager of the agency
who provides direct care has entered a guilty plea for, or has
been convicted of, an offense materially related to the medicaid
program.
(c) The agency or a principal owner or manager of the agency
who provides direct care has entered a guilty plea for, or been
convicted of, an offense listed in division (C)(1)(a) of section
173.394 of the Revised Code, but only if none of the personal
character standards established by the department in rules adopted
under division (F) of section 173.394 of the Revised Code apply.
(d) The United States department of health and human services
has taken adverse action against the agency and that action
impacts the agency's participation in the medicaid program.
(e) The agency has failed to enter into or renew a provider
agreement with the PASSPORT administrative agency, as that term is
defined in section 173.42 of the Revised Code, that administers
programs on behalf of the department of aging in the region of the
state in which the agency is certified to provide services.
(f) The agency has not billed or otherwise submitted a claim
to the department for payment under the medicaid program in at
least two years.
(g) The agency denied or failed to provide the department or
its designee access to the agency's facilities during the agency's
normal business hours for purposes of conducting an audit or
structural compliance review.
(h) The agency has ceased doing business.
(i) The agency has voluntarily relinquished its certification
for any reason.
(3) The agency's provider agreement with the department of
job and family services has been suspended under division (C) of
section 5111.031 of the Revised Code.
(4) The agency's provider agreement with the department of
job and family services is denied or revoked because the agency or
its owner, officer, authorized agent, associate, manager, or
employee has been convicted of an offense that caused the provider
agreement to be suspended under section 5111.031 of the Revised
Code.
(F) If the department does not hold hearings when any
condition described in division (E) of this section applies, the
department may send a notice to the agency describing a decision
not to certify the agency under division (A)(1) of this section or
the disciplinary action the department proposes to take under
division (A)(2)(e) to (h) of this section. The notice shall be
sent to the agency's address that is on record with the department
and may be sent by regular mail.
(G) The director of aging may adopt rules in accordance with
Chapter 119. of the Revised Code establishing a fee to be charged
by the department of aging or its designee for certification
issued under this section.
All fees collected by the department or its designee under
this section shall be deposited in the state treasury to the
credit of the provider certification fund, which is hereby
created. Money credited to the fund shall be used to pay for
community-based long-term care services, administrative costs
associated with community-based long-term care agency
certification under this section, and administrative costs related
to the publication of the Ohio long-term care consumer guide.
Sec. 173.40. (A) As used in sections 173.40 to 173.402 of
the Revised Code, "PASSPORT:
"Medicaid waiver component" has the same meaning as in
section 5111.85 of the Revised Code.
"PASSPORT program" means the program created under this
section.
"PASSPORT waiver" means the federal medicaid waiver granted
by the United States secretary of health and human services that
authorizes the medicaid-funded component of the PASSPORT program.
"Unified long-term services and support medicaid waiver
component" means the medicaid waiver component authorized by
section 5111.863 of the Revised Code.
(B) There is hereby created the preadmission screening system
providing options and resources today program, or PASSPORT. The
PASSPORT program shall provide home and community-based services
as an alternative to nursing facility placement for individuals
who are aged and disabled
medicaid recipients and meet the
program's applicable eligibility requirements. The Subject to
division (C) of this section, the program shall
have a
medicaid-funded component and a state-funded component.
(C)(1) Unless the medicaid-funded component of the PASSPORT
program is terminated under division (C)(2) of this section, all
of the following apply:
(a) The department of aging shall administer the
medicaid-funded component through a contract entered into with the
department of job and family services under section 5111.91 of the
Revised Code.
(b) The medicaid-funded component shall be operated as a
separate medicaid waiver component, as defined in section 5111.85
of the Revised Code, until the United States secretary of health
and human services approves the consolidated federal medicaid
waiver sought under section 5111.861 of the Revised Code. The
program shall be part of the consolidated federal medicaid waiver
sought under that section if the United States secretary approves
the waiver. The department of aging shall administer the program
through a contract entered into with the department of job and
family services under section 5111.91 of the Revised Code. The
(c) For an individual to be eligible for the medicaid-funded
component, the individual must be a medicaid recipient and meet
the additional eligibility requirements applicable to the
individual established in rules adopted under division (C)(1)(d)
of this section.
(d) The director of job and family services shall adopt rules
under section 5111.85 of the Revised Code and the director of
aging shall adopt rules in accordance with Chapter 119. of the
Revised Code to implement the program medicaid-funded component.
(2) If the unified long-term services and support medicaid
waiver component is created, the departments of aging and job and
family services shall work together to determine whether the
medicaid-funded component of the PASSPORT program should continue
to operate as a separate medicaid waiver component or be
terminated. If the departments determine that the medicaid-funded
component of the PASSPORT program should be terminated, the
medicaid-funded component shall cease to exist on a date the
departments shall specify.
(D)(1) The department of aging shall administer the
state-funded component of the PASSPORT program. The state-funded
component shall not be administered as part of the medicaid
program.
(2) For an individual to be eligible for the state-funded
component, the individual must meet one of the following
requirements and meet the additional eligibility requirements
applicable to the individual established in rules adopted under
division (D)(4) of this section:
(a) The individual must have been enrolled in the
state-funded component on September 1, 1991, (as the state-funded
component was authorized by uncodified law in effect at that time)
and have had one or more applications for enrollment in the
medicaid-funded component (or, if the medicaid-funded component is
terminated under division (C)(2) of this section, the unified
long-term services and support medicaid waiver component) denied.
(b) The individual must have had the individual's enrollment
in the medicaid-funded component (or, if the medicaid-funded
component is terminated under division (C)(2) of this section, the
unified long-term services and support medicaid waiver component)
terminated and the individual must still need the home and
community-based services provided under the PASSPORT program to
protect the individual's health and safety.
(c) The individual must have an application for the
medicaid-funded component (or, if the medicaid-funded component is
terminated under division (C)(2) of this section, the unified
long-term services and support medicaid waiver component) pending
and the department or the department's designee must have
determined that the individual meets the nonfinancial eligibility
requirements of the medicaid-funded component (or, if the
medicaid-funded component is terminated under division (C)(2) of
this section, the unified long-term services and support medicaid
waiver component) and not have reason to doubt that the individual
meets the financial eligibility requirements of the
medicaid-funded component (or, if the medicaid-funded component is
terminated under division (C)(2) of this section, the unified
long-term services and support medicaid waiver component).
(3) An individual who is eligible for the state-funded
component because the individual meets the requirement of division
(D)(2)(c) of this section may participate in the component for not
more than three months.
(4) The director of aging shall adopt rules in accordance
with section 111.15 of the Revised Code to implement the
state-funded component. The additional eligibility requirements
established in the rules may vary for the different groups of
individuals specified in divisions (D)(2)(a), (b), and (c) of this
section.
Sec. 173.401. (A) As used in this section:
"Area agency on aging" has the same meaning as in section
173.14 of the Revised Code.
"Long-term care consultation program" means the program the
department of aging is required to develop under section 173.42 of
the Revised Code.
"Long-term care consultation program administrator" or
"administrator" means the department of aging or, if the
department contracts with an area agency on aging or other entity
to administer the long-term care consultation program for a
particular area, that agency or entity.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
"PASSPORT waiver" means the federal medicaid waiver granted
by the United States secretary of health and human services that
authorizes the PASSPORT program.
(B) The Subject to division (C)(2) of section 173.40 of the
Revised Code, the department shall establish a home first
component of the PASSPORT program under which eligible individuals
may be enrolled in the medicaid-funded component of the PASSPORT
program in accordance with this section. An individual is eligible
for the PASSPORT program's home first component if all both of the
following apply:
(1) The individual is has been determined to be eligible for
the medicaid-funded component of the PASSPORT program.
(2) The individual is on the unified waiting list established
under section 173.404 of the Revised Code.
(3) At least one of the following applies:
(a) The individual has been admitted to a nursing facility.
(b) A physician has determined and documented in writing that
the individual has a medical condition that, unless the individual
is enrolled in home and community-based services such as the
PASSPORT program, will require the individual to be admitted to a
nursing facility within thirty days of the physician's
determination.
(c) The individual has been hospitalized and a physician has
determined and documented in writing that, unless the individual
is enrolled in home and community-based services such as the
PASSPORT program, the individual is to be transported directly
from the hospital to a nursing facility and admitted.
(d) Both of the following apply:
(i) The individual is the subject of a report made under
section 5101.61 of the Revised Code regarding abuse, neglect, or
exploitation or such a report referred to a county department of
job and family services under section 5126.31 of the Revised Code
or has made a request to a county department for protective
services as defined in section 5101.60 of the Revised Code.
(ii) A county department of job and family services and an
area agency on aging have jointly documented in writing that,
unless the individual is enrolled in home and community-based
services such as the PASSPORT program, the individual should be
admitted to a nursing facility.
(C) Each month, each area agency on aging shall identify
individuals residing in the area that the agency serves who are
eligible for the home first component of the PASSPORT program.
When an area agency on aging identifies such an individual, the
agency shall notify the long-term care consultation program
administrator serving the area in which the individual resides.
The administrator shall determine whether the PASSPORT program is
appropriate for the individual and whether the individual would
rather participate in the PASSPORT program than continue or begin
to reside in a nursing facility. If the administrator determines
that the PASSPORT program is appropriate for the individual and
the individual would rather participate in the PASSPORT program
than continue or begin to reside in a nursing facility, the
administrator shall so notify the department of aging. On receipt
of the notice from the administrator, the department shall approve
the individual's enrollment in the medicaid-funded component of
the PASSPORT program regardless of the unified waiting list
established under section 173.404 of the Revised Code, unless the
enrollment would cause the PASSPORT program component to exceed
any limit on the number of individuals who may be enrolled in the
program component as set by the United States secretary of health
and human services in the PASSPORT waiver.
(D) Each quarter, the department of aging shall certify to
the director of budget and management the estimated increase in
costs of the PASSPORT program resulting from enrollment of
individuals in the PASSPORT program pursuant to this section.
Sec. 173.403. "Choices (A) As used in this section:
"Choices program" means the program created under this
section.
There "Medicaid waiver component" has the same meaning as in
section 5111.85 of the Revised Code.
"Unified long-term services and support medicaid waiver
component" means the medicaid waiver component authorized by
section 5111.863 of the Revised Code.
(B) Subject to division (C) of this section, there is hereby
created the choices program. The program shall provide home and
community-based services. The choices program shall be operated as
a separate medicaid waiver component, as defined in section
5111.85 of the Revised Code, until the United States secretary of
health and human services approves the consolidated federal
medicaid waiver sought under section 5111.861 of the Revised Code.
The program shall be part of the consolidated federal medicaid
waiver sought under that section if the United States secretary
approves the waiver. The department of aging shall administer the
program through a contract entered into with the department of job
and family services under section 5111.91 of the Revised Code.
Subject to federal approval, the program shall be available
statewide.
(C) If the unified long-term services and support medicaid
waiver component is created, the departments of aging and job and
family services shall work together to determine whether the
choices program should continue to operate as a separate medicaid
waiver component or be terminated. If the departments determine
that the choices program should be terminated, the program shall
cease to exist on a date the departments shall specify.
Sec. 173.404. (A) As used in this section:
(1) "Department of aging-administered medicaid waiver
component" means each of the following:
(a) The medicaid-funded component of the PASSPORT program
created under section 173.40 of the Revised Code;
(b) The choices program created under section 173.403 of the
Revised Code;
(c) The medicaid-funded component of the assisted living
program created under section 5111.89 of the Revised Code.
(2) "PACE program" means the component of the medicaid
program the department of aging administers pursuant to section
173.50 of the Revised Code.
(B) The If the department of aging determines that there are
insufficient funds to enroll all individuals who have applied and
been determined eligible for department of aging-administered
medicaid waiver components and the PACE program, the department of
aging shall establish a unified waiting list for department of
aging-administered medicaid waiver the components and the PACE
program. Only individuals eligible for a department of
aging-administered medicaid waiver component or the PACE program
may be placed on the unified waiting list.
An individual who may
be enrolled in a department of aging-administered medicaid waiver
component or the PACE program through a home first component
established under section 173.401, 173.501, or 5111.894 of the
Revised Code may be so enrolled without being placed on the
unified waiting list.
Sec. 173.41. (A) The department of aging shall promote the
development of a statewide aging and disabilities resource network
through which older adults, adults with disabilities, and their
caregivers are provided with both of the following:
(1) Information on any long-term care service options
available to the individuals;
(2) Streamlined access to long-term care services, both
publicly funded services and services available through private
payment.
(B) Area agencies on aging shall establish the network
throughout the state. In doing so, the agencies shall collaborate
with centers for independent living and other locally funded
organizations to establish a cost-effective and consumer-friendly
network that builds on existing, local infrastructures of services
that support consumers in their communities.
Sec. 173.42. (A) As used in sections 173.42 to 173.434 of
the Revised Code:
(1) "Area agency on aging" means a public or private
nonprofit entity designated under section 173.011 of the Revised
Code to administer programs on behalf of the department of aging.
(2) "Department of aging-administered medicaid waiver
component" means each of the following:
(a) The medicaid-funded component of the PASSPORT program
created under section 173.40 of the Revised Code;
(b) The choices program created under section 173.403 of the
Revised Code;
(c) The medicaid-funded component of the assisted living
program created under section 5111.89 of the Revised Code;
(d) Any other medicaid waiver component, as defined in
section 5111.85 of the Revised Code, that the department of aging
administers pursuant to an interagency agreement with the
department of job and family services under section 5111.91 of the
Revised Code.
(3) "Home and community-based services covered by medicaid
components the department of aging administers" means all of the
following:
(a) Medicaid waiver services available to a participant in a
department of aging-administered medicaid waiver component;
(b) The following medicaid state plan services available to a
participant in a department of aging-administered medicaid waiver
component as specified in rules adopted under section 5111.02 of
the Revised Code:
(i) Home health services;
(ii) Private duty nursing services;
(iii) Durable medical equipment;
(iv) Services of a clinical nurse specialist;
(v) Services of a certified nurse practitioner.
(c) Services available to a participant of the PACE program.
(4) "Long-term care consultation" or "consultation" means the
consultation service made available by the department of aging or
a program administrator through the long-term care consultation
program established pursuant to this section.
(5) "Medicaid" means the medical assistance program
established under Chapter 5111. of the Revised Code.
(6) "Nursing facility" has the same meaning as in section
5111.20 of the Revised Code.
(7) "PACE program" means the component of the medicaid
program the department of aging administers pursuant to section
173.50 of the Revised Code.
(8) "PASSPORT administrative agency" means an entity under
contract with the department of aging to provide administrative
services regarding the PASSPORT program.
(9) "Program administrator" means an area agency on aging or
other entity under contract with the department of aging to
administer the long-term care consultation program in a geographic
region specified in the contract.
(10) "Representative" means a person acting on behalf of an
individual specified in division (G) of this section. A
representative may be a family member, attorney, hospital social
worker, or any other person chosen to act on behalf of the
individual.
(B) The department of aging shall develop a long-term care
consultation program whereby individuals or their representatives
are provided with long-term care consultations and receive through
these professional consultations information about options
available to meet long-term care needs and information about
factors to consider in making long-term care decisions. The
long-term care consultations provided under the program may be
provided at any appropriate time, as permitted or required under
this section and the rules adopted under it, including either
prior to or after the individual who is the subject of a
consultation has been admitted to a nursing facility or granted
assistance in receiving home and community-based services covered
by medicaid components the department of aging administers.
(C) The long-term care consultation program shall be
administered by the department of aging, except that the
department may have the program administered on a regional basis
by one or more program administrators. The department and each
program administrator shall administer the program in such a
manner that all of the following are included:
(1) Coordination and collaboration with respect to all
available funding sources for long-term care services;
(2) Assessments of individuals regarding their long-term care
service needs;
(3) Assessments of individuals regarding their on-going
eligibility for long-term care services;
(4) Procedures for assisting individuals in obtaining access
to, and coordination of, health and supportive services, including
department of aging-administered medicaid waiver components;
(5) Priorities for using available resources efficiently and
effectively.
(D) The program's long-term care consultations shall be
provided by individuals certified by the department under section
173.422 of the Revised Code.
(E) The information provided through a long-term care
consultation shall be appropriate to the individual's needs and
situation and shall address all of the following:
(1) The availability of any long-term care options open to
the individual;
(2) Sources and methods of both public and private payment
for long-term care services;
(3) Factors to consider when choosing among the available
programs, services, and benefits;
(4) Opportunities and methods for maximizing independence and
self-reliance, including support services provided by the
individual's family, friends, and community.
(F) An individual's long-term care consultation may include
an assessment of the individual's functional capabilities. The
consultation may incorporate portions of the determinations
required under sections 5111.202, 5119.061, and 5123.021 of the
Revised Code and may be provided concurrently with the assessment
required under section 5111.204 of the Revised Code.
(G)(1) Unless an exemption specified in division (I) of this
section is applicable, each of the following shall be provided
with a long-term care consultation:
(a) An individual who applies or indicates an intention to
apply for admission to a nursing facility, regardless of the
source of payment to be used for the individual's care in a
nursing facility;
(b) An individual who requests a long-term care consultation;
(c) An individual identified by the department or a program
administrator as being likely to benefit from a long-term care
consultation.
(2) In addition to the individuals specified in division
(G)(1) of this section, a long-term care consultation may be
provided to a nursing facility resident regardless of the source
of payment being used for the resident's care in the nursing
facility.
(H)(1) Except as provided in division (H)(2) or (3) of this
section, a long-term care consultation provided pursuant to
division (G) of this section shall be provided as follows:
(a) If the individual for whom the consultation is being
provided has applied for medicaid and the consultation is being
provided concurrently with the assessment required under section
5111.204 of the Revised Code, the consultation shall be completed
in accordance with the applicable time frames specified in that
section for providing a level of care determination based on the
assessment.
(b) In all other cases, the consultation shall be provided
not later than five calendar days after the department or program
administrator receives notice of the reason for which the
consultation is to be provided pursuant to division (G) of this
section.
(2) An individual or the individual's representative may
request that a long-term care consultation be provided on a date
that is later than the date required under division (H)(1)(a) or
(b) of this section.
(3) If a long-term care consultation cannot be completed
within the number of days required by division (H)(1) or (2) of
this section, the department or program administrator may do any
of the following:
(a) In the case of an individual specified in division (G)(1)
of this section, exempt the individual from the consultation
pursuant to rules that may be adopted under division (L) of this
section;
(b) In the case of an applicant for admission to a nursing
facility, provide the consultation after the individual is
admitted to the nursing facility;
(c) In the case of a resident of a nursing facility, provide
the consultation as soon as practicable.
(I) An individual is not required to be provided a long-term
care consultation under division (G)(1) of this section if any of
the following apply:
(1) The department or program administrator has attempted to
provide the consultation, but the individual or the individual's
representative refuses to cooperate;
(2) The individual is to receive care in a nursing facility
under a contract for continuing care as defined in section 173.13
of the Revised Code;
(3) The individual has a contractual right to admission to a
nursing facility operated as part of a system of continuing care
in conjunction with one or more facilities that provide a less
intensive level of services, including a residential care facility
licensed under Chapter 3721. of the Revised Code, an adult care
facility licensed under Chapter 3722. sections 5119.70 to 5119.88
of the Revised Code, or an independent living arrangement;
(4) The individual is to receive continual care in a home for
the aged exempt from taxation under section 5701.13 of the Revised
Code;
(5) The individual is seeking admission to a facility that is
not a nursing facility with a provider agreement under section
5111.22, 5111.671, or 5111.672 of the Revised Code;
(6) The individual is exempted from the long-term care
consultation requirement by the department or the program
administrator pursuant to rules that may be adopted under division
(L) of this section.
(J) As part of the long-term care consultation program, the
department or program administrator shall assist an individual or
individual's representative in accessing all sources of care and
services that are appropriate for the individual and for which the
individual is eligible, including all available home and
community-based services covered by medicaid components the
department of aging administers. The assistance shall include
providing for the conduct of assessments or other evaluations and
the development of individualized plans of care or services under
section 173.424 of the Revised Code.
(K) No nursing facility for which an operator has a provider
agreement under section 5111.22, 5111.671, or 5111.672 of the
Revised Code shall admit any individual as a resident, unless the
nursing facility has received evidence that a long-term care
consultation has been completed for the individual or division (I)
of this section is applicable to the individual.
(L) The director of aging may adopt any rules the director
considers necessary for the implementation and administration of
this section. The rules shall be adopted in accordance with
Chapter 119. of the Revised Code and may specify any or all of the
following:
(1) Procedures for providing long-term care consultations
pursuant to this section;
(2) Information to be provided through long-term care
consultations regarding long-term care services that are
available;
(3) Criteria and procedures to be used to identify and
recommend appropriate service options for an individual receiving
a long-term care consultation;
(4) Criteria for exempting individuals from the long-term
care consultation requirement;
(5) Circumstances under which it may be appropriate to
provide an individual's long-term care consultation after the
individual's admission to a nursing facility rather than before
admission;
(6) Criteria for identifying nursing facility residents who
would benefit from the provision of a long-term care consultation;
(7) A description of the types of information from a nursing
facility that is needed under the long-term care consultation
program to assist a resident with relocation from the facility;
(8) Standards to prevent conflicts of interest relative to
the referrals made by a person who performs a long-term care
consultation, including standards that prohibit the person from
being employed by a provider of long-term care services;
(9) Procedures for providing notice and an opportunity for a
hearing under division (N) of this section.
(M) To assist the department and each program administrator
with identifying individuals who are likely to benefit from a
long-term care consultation, the department and program
administrator may ask to be given access to nursing facility
resident assessment data collected through the use of the resident
assessment instrument specified in rules adopted under section
5111.02 of the Revised Code for purposes of the medicaid program.
Except when prohibited by state or federal law, the department of
health, department of job and family services, or nursing facility
holding the data shall grant access to the data on receipt of the
request from the department of aging or program administrator.
(N)(1) The director of aging, after providing notice and an
opportunity for a hearing, may fine a nursing facility an amount
determined by rules the director shall adopt in accordance with
Chapter 119. of the Revised Code for any of the following reasons:
(a) The nursing facility admits an individual, without
evidence that a long-term care consultation has been provided, as
required by this section;
(b) The nursing facility denies a person attempting to
provide a long-term care consultation access to the facility or a
resident of the facility;
(c) The nursing facility denies the department of aging or
program administrator access to the facility or a resident of the
facility, as the department or administrator considers necessary
to administer the program.
(2) In accordance with section 5111.62 of the Revised Code,
all fines collected under division (N)(1) of this section shall be
deposited into the state treasury to the credit of the residents
protection fund.
Sec. 173.45. As used in this section and in sections 173.46
to 173.49 of the Revised Code:
(A) "Adult care facility" has the same meaning as in section
5119.70 of the Revised Code.
(B) "Community-based long-term care services" has the same
meaning as in section 173.14 of the Revised Code.
(C) "Long-term care facility" means a nursing home or
residential care facility.
(B)(D) "Nursing home" and "residential care facility" have
the same meanings as in section 3721.01 of the Revised Code.
(C)(E) "Nursing facility" has the same meaning as in section
5111.20 of the Revised Code.
Sec. 173.46. (A) The department of aging shall develop and
publish a guide to long-term care facilities for use by
individuals considering long-term care facility admission and
their families, friends, and advisors. The guide, which shall be
titled the Ohio long-term care consumer guide, may be published in
printed form or in electronic form for distribution over the
internet. The guide may be developed as a continuation or
modification of the guide published by the department prior to the
effective date of this section September 29, 2005, under rules
adopted under section 173.02 of the Revised Code.
(B) The Ohio long-term care consumer guide shall include
information on each long-term care facility in this state. For
each facility, the guide shall include the following information,
as applicable to the facility:
(1) Information regarding the facility's compliance with
state statutes and rules and federal statutes and regulations;
(2) Information generated by the centers for medicare and
medicaid services of the United States department of health and
human services from the quality measures developed as part of its
nursing home quality initiative;
(3) Results of the customer satisfaction surveys conducted
under section 173.47 of the Revised Code;
(4) Any other information the department specifies in rules
adopted under section 173.49 of the Revised Code.
(C) The Ohio long-term care consumer guide may include
information on adult care facilities and providers of
community-based long-term care services. The department may adopt
rules under section 173.49 of the Revised Code to specify the
information to be included in the guide pursuant to this division.
Sec. 173.47. (A) For purposes of publishing the Ohio
long-term care consumer guide, the department of aging shall
conduct or provide for the conduct of an annual customer
satisfaction survey of each long-term care facility. The results
of the surveys may include information obtained from long-term
care facility residents, their families, or both.
(B)(1) The department may charge fees for the conduct of
annual customer satisfaction surveys. The department may contract
with any person or government entity to collect the fees on its
behalf. All fees collected under this section shall be deposited
in accordance with section 173.48 of the Revised Code.
(2) The fees charged under this section shall not exceed the
following amounts:
(a) Four hundred dollars for the customer satisfaction survey
of a long-term care facility that is a nursing home;
(b) Three hundred dollars for the customer satisfaction
survey pertaining to a long-term care facility that is a
residential care facility.
(3) Fees paid by a long-term care facility that is a nursing
facility shall be reimbursed through the medicaid program operated
under Chapter 5111. of the Revised Code.
(C) Each long-term care facility shall cooperate in the
conduct of its annual customer satisfaction survey.
Sec. 173.48. (A)(1) The department of aging may charge annual
fees to long-term care facilities for the publication of the Ohio
long-term care consumer guide. The department may contract with
any person or government entity to collect the fees on its behalf.
All fees collected under this section shall be deposited in
accordance with division (B) of this section.
(2) The annual fees charged under this section shall not
exceed the following amounts:
(a) Six hundred fifty dollars for each long-term care
facility that is a nursing home;
(b) Three hundred dollars for each long-term care facility
that is a residential care facility.
(3) Fees paid by a long-term care facility that is a nursing
facility shall be reimbursed through the medicaid program operated
under Chapter 5111. of the Revised Code.
(B) There is hereby created in the state treasury the
long-term care consumer guide fund. Money collected from the fees
charged for the conduct of customer satisfaction surveys
publication of the Ohio long-term care consumer guide under
division (A) of this section 173.47 of the Revised Code shall be
credited to the fund. The department of aging shall use money in
the fund for costs associated with publishing the Ohio long-term
care consumer guide, including, but not limited to, costs incurred
in conducting or providing for the conduct of customer
satisfaction surveys.
Sec. 173.501. (A) As used in this section:
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
"PACE provider" has the same meaning as in 42 U.S.C.
1396u-4(a)(3).
(B) The department of aging shall establish a home first
component of the PACE program under which eligible individuals may
be enrolled in the PACE program in accordance with this section.
An individual is eligible for the PACE program's home first
component if all both of the following apply:
(1) The individual is has been determined to be eligible for
the PACE program.
(2) The individual is on the unified waiting list established
under section 173.404 of the Revised Code.
(3) At least one of the following applies:
(a) The individual has been admitted to a nursing facility.
(b) A physician has determined and documented in writing that
the individual has a medical condition that, unless the individual
is enrolled in home and community-based services such as the PACE
program, will require the individual to be admitted to a nursing
facility within thirty days of the physician's determination.
(c) The individual has been hospitalized and a physician has
determined and documented in writing that, unless the individual
is enrolled in home and community-based services such as the PACE
program, the individual is to be transported directly from the
hospital to a nursing facility and admitted.
(d) Both of the following apply:
(i) The individual is the subject of a report made under
section 5101.61 of the Revised Code regarding abuse, neglect, or
exploitation or such a report referred to a county department of
job and family services under section 5126.31 of the Revised Code
or has made a request to a county department for protective
services as defined in section 5101.60 of the Revised Code.
(ii) A county department of job and family services and an
area agency on aging have jointly documented in writing that,
unless the individual is enrolled in home and community-based
services such as the PACE program, the individual should be
admitted to a nursing facility.
(C) Each month, the department of aging shall identify
individuals who are eligible for the home first component of the
PACE program. When the department identifies such an individual,
the department shall notify the PACE provider serving the area in
which the individual resides. The PACE provider shall determine
whether the PACE program is appropriate for the individual and
whether the individual would rather participate in the PACE
program than continue or begin to reside in a nursing facility. If
the PACE provider determines that the PACE program is appropriate
for the individual and the individual would rather participate in
the PACE program than continue or begin to reside in a nursing
facility, the PACE provider shall so notify the department of
aging. On receipt of the notice from the PACE provider, the
department of aging shall approve the individual's enrollment in
the PACE program in accordance with priorities established in
rules adopted under section 173.50 of the Revised Code.
(D) Each quarter, the department of aging shall certify to
the director of budget and management the estimated increase in
costs of the PACE program resulting from enrollment of individuals
in the PACE program pursuant to this section.
Sec. 183.151. (A) As used in this section, "eligible
institution of higher education" includes any of the following:
(1) A state institution of higher education as defined in
section 3345.011 of the Revised Code;
(2) A private, nonprofit college or university that holds a
certificate of authorization issued under Chapter 1713. of the
Revised Code;
(3) An institution that has a certificate of registration
from the state board of career colleges and schools;
(4) A private institution exempt from regulation under
Chapter 3332. of the Revised Code as prescribed in section
3333.046 of the Revised Code;
(5) An institution of higher education located outside of the
state, but within fifty miles of the borders of this state.
(B) Grants or loans awarded by the southern Ohio agricultural
and community development foundation to provide education and
training assistance pursuant to section 183.15 of the Revised Code
shall be limited to applicants who are enrolled in an eligible
institution of higher education. This section applies to grants
and loans awarded by the foundation after the effective date of
this section.
Sec. 183.30. (A)(1) Except as provided in division (C)(A)(2)
of this section, no more than five per cent of the total
disbursements, encumbrances, and obligations of the southern Ohio
agricultural and community development foundation in a fiscal year
shall be for administrative expenses of the foundation in the same
fiscal year.
(B) Except as provided in division (C) of this section, no
more than five per cent of the total disbursements, encumbrances,
and obligations of the biomedical research and technology transfer
trust fund in a fiscal year shall be for expenses relating to the
administration of the trust fund by the third frontier commission
in the same fiscal year.
(C) This section's (2) The five per cent limitation on
administrative expenses does not apply to any fiscal year for
which the controlling board approves a spending plan that the
foundation or commission submits to the board.
(B) Payments may be made from the biomedical research and
technology transfer trust fund for third frontier commission
expenses related to the administration of awards made from the
fund prior to the effective date of this section. No such payments
shall be made after June 30, 2013.
Sec. 183.51. (A) As used in this section and in the
applicable bond proceedings unless otherwise provided:
(1) "Bond proceedings" means the resolutions, orders,
indentures, purchase and sale and trust and other agreements
including any amendments or supplements to them, and credit
enhancement facilities, and amendments and supplements to them, or
any one or more or combination of them, authorizing, awarding, or
providing for the terms and conditions applicable to or providing
for the security or liquidity of, the particular obligations, and
the provisions contained in those obligations.
(2) "Bond service fund" means the bond service fund created
in the bond proceedings for the obligations.
(3) "Capital facilities" means, as applicable, capital
facilities or projects as referred to in section 151.03 or 151.04
of the Revised Code.
(4) "Consent decree" means the consent decree and final
judgment entered November 25, 1998, in the court of common pleas
of Franklin county, Ohio, as the same may be amended or
supplemented from time to time.
(5) "Cost of capital facilities" has the same meaning as in
section 151.01 of the Revised Code, as applicable.
(6) "Credit enhancement facilities," "financing costs," and
"interest" or "interest equivalent" have the same meanings as in
section 133.01 of the Revised Code.
(7) "Debt service" means principal, including any mandatory
sinking fund or redemption requirements for retirement of
obligations, interest and other accreted amounts, interest
equivalent, and any redemption premium, payable on obligations. If
not prohibited by the applicable bond proceedings, "debt service"
may include costs relating to credit enhancement facilities that
are related to and represent, or are intended to provide a source
of payment of or limitation on, other debt service.
(8) "Improvement fund" means, as applicable, the school
building program assistance fund created in section 3318.25 of the
Revised Code and the higher education improvement fund created in
section 154.21 of the Revised Code.
(9) "Issuing authority" means the buckeye tobacco settlement
financing authority created in section 183.52 of the Revised Code.
(10) "Net proceeds" means amounts received from the sale of
obligations, excluding amounts used to refund or retire
outstanding obligations, amounts required to be deposited into
special funds pursuant to the applicable bond proceedings, and
amounts to be used to pay financing costs.
(11) "Obligations" means bonds, notes, or other evidences of
obligation of the issuing authority, including any appertaining
interest coupons, issued by the issuing authority under this
section and Section 2i of Article VIII, Ohio Constitution, for the
purpose of providing funds to the state, in exchange for the
assignment and sale described in division (B) of this section, for
the purpose of paying costs of capital facilities for: (a) housing
branches and agencies of state government limited to facilities
for a system of common schools throughout the state and (b)
state-supported or state-assisted institutions of higher
education.
(12) "Pledged receipts" means, as and to the extent provided
for in the applicable bond proceedings:
(a) Pledged tobacco settlement receipts;
(b) Accrued interest received from the sale of obligations;
(c) Income from the investment of the special funds;
(d) Additional or any other specific revenues or receipts
lawfully available to be pledged, and pledged, pursuant to the
bond proceedings, including but not limited to amounts received
under credit enhancement facilities, to the payment of debt
service.
(13) "Pledged tobacco settlement receipts" means all amounts
received by the issuing authority pursuant to division (B) of this
section.
(14) "Principal amount" means the aggregate of the amount as
stated or provided for in the applicable bond proceedings as the
amount on which interest or interest equivalent on particular
obligations is initially calculated. "Principal amount" does not
include any premium paid to the issuing authority by the initial
purchaser of the obligations. "Principal amount" of a capital
appreciation bond, as defined in division (C) of section 3334.01
of the Revised Code, means its original face amount and not its
accreted value, and "principal amount" of a zero coupon bond, as
defined in division (J) of section 3334.01 of the Revised Code,
means the discounted offering price at which the bond is initially
sold to the public, disregarding any purchase price discount to
the original purchaser, if provided in or for pursuant to the bond
proceedings.
(15) "Special funds" or "funds," unless the context indicates
otherwise, means the bond service fund, and any other funds,
including any reserve funds, created under the bond proceedings
and stated to be special funds in those proceedings, including
moneys and investments, and earnings from investments, credited
and to be credited to the particular fund. "Special funds" does
not include any improvement fund or investment earnings on amounts
in any improvement fund, or other funds created by the bond
proceedings that are not stated by those proceedings to be special
funds.
(B) The state may assign and sell to the issuing authority,
and the issuing authority may accept and purchase, all or a
portion of the amounts to be received by the state under the
tobacco master settlement agreement for a purchase price payable
by the issuing authority to the state consisting of the net
proceeds of obligations and any residual interest, if any. Any
such assignment and sale shall be irrevocable in accordance with
its terms during the period any obligations secured by amounts so
assigned and sold are outstanding under the applicable bond
proceedings, and shall constitute a contractual obligation to the
holders or owners of those obligations. Any such assignment and
sale shall also be treated as an absolute transfer and true sale
for all purposes, and not as a pledge or other security interest.
The characterization of any such assignment and sale as a true
sale and absolute transfer shall not be negated or adversely
affected by only a portion of the amounts to be received under the
tobacco master settlement agreement being transferred, the
acquisition or retention by the state of a residual interest, the
participation of any state officer or employee as a member or
officer of, or providing staff support to, the issuing authority,
any responsibility of an officer or employee of the state for
collecting the amounts to be received under the tobacco master
settlement agreement or otherwise enforcing that agreement or
retaining any legal title to or interest in any portion of the
amounts to be received under that agreement for the purpose of
these collection activities, any characterization of the issuing
authority or its obligations for purposes of accounting, taxation,
or securities regulation, or by any other factors whatsoever. A
true sale shall exist under this section regardless of whether the
issuing authority has any recourse against the state or any other
term of the bond proceedings or the treatment or characterization
of the transfer as a financing for any purpose. Upon and following
the assignment and sale, the state shall not have any right,
title, or interest in the portion of the receipts under the
tobacco master settlement agreement so assigned and sold, other
than any residual interest that may be described in the applicable
bond proceedings for those obligations, and that portion, if any,
shall be the property of the issuing authority and not of the
state, and shall be paid directly to the issuing authority, and
shall be owned, received, held, and disbursed by the issuing
authority and not by the state.
The state may covenant, pledge, and agree in the bond
proceedings, with and for the benefit of the issuing authority,
the holders and owners of obligations, and providers of any credit
enhancement facilities, that it shall: (1) maintain statutory
authority for, and cause to be collected and paid directly to the
issuing authority or its assignee, the pledged receipts, (2)
enforce the rights of the issuing authority to receive the
receipts under the tobacco master settlement agreement assigned
and sold to the issuing authority, (3) not materially impair the
rights of the issuing authority to fulfill the terms of its
agreements with the holders or owners of outstanding obligations
under the bond proceedings, (4) not materially impair the rights
and remedies of the holders or owners of outstanding obligations
or materially impair the security for those outstanding
obligations, and (5) enforce Chapter 1346. of the Revised Code,
the tobacco master settlement agreement, and the consent decree to
effectuate the collection of the pledged tobacco settlement
receipts. The bond proceedings may provide or authorize the manner
for determining material impairment of the security for any
outstanding obligations, including by assessing and evaluating the
pledged receipts in the aggregate.
As further provided for in division (H) of this section, the
bond proceedings may also include such other covenants, pledges,
and agreements by the state to protect and safeguard the security
and rights of the holders and owners of the obligations, and of
the providers of any credit enhancement facilities, including,
without limiting the generality of the foregoing, any covenant,
pledge, or agreement customary in transactions involving the
issuance of securities the debt service on which is payable from
or secured by amounts received under the tobacco master settlement
agreement. Notwithstanding any other provision of law, any
covenant, pledge, and agreement of the state, if and when made in
the bond proceedings, shall be controlling and binding upon, and
enforceable against the state in accordance with its terms for so
long as any obligations are outstanding under the applicable bond
proceedings. The bond proceedings may also include limitations on
the remedies available to the issuing authority, the holders and
owners of the obligations, and the providers of any credit
enhancement facilities, including, without limiting the generality
of the foregoing, a provision that those remedies may be limited
to injunctive relief in circumstances where there has been no
prior determination by a court of competent jurisdiction that the
state has not enforced Chapter 1346. of the Revised Code, the
tobacco master settlement agreement, or the consent decree as may
have been covenanted or agreed in the bond proceedings under
division (B)(5) of this section.
Nothing in this section or the bond proceedings shall
preclude or limit, or be construed to preclude or limit, the state
from regulating or authorizing or permitting the regulation of
smoking or from taxing and regulating the sale of cigarettes or
other tobacco products, or from defending or prosecuting cases or
other actions relating to the sale or use of cigarettes or other
tobacco products. Except as otherwise may be agreed in writing by
the attorney general, nothing in this section or the bond
proceedings shall modify or limit, or be construed to modify or
limit, the responsibility, power, judgment, and discretion of the
attorney general to protect and discharge the duties, rights, and
obligations of the state under the tobacco master settlement
agreement, the consent decree, or Chapter 1346. of the Revised
Code.
The governor and the director of budget and management, in
consultation with the attorney general, on behalf of the state,
and any member or officer of the issuing authority as authorized
by that issuing authority, on behalf of the issuing authority, may
take any action and execute any documents, including any purchase
and sale agreements, necessary to effect the assignment and sale
and the acceptance of the assignment and title to the receipts
including, providing irrevocable direction to the escrow agent
acting under the tobacco master settlement agreement to transfer
directly to the issuing authority the amounts to be received under
that agreement that are subject to such assignment and sale. Any
purchase and sale agreement or other bond proceedings may contain
the terms and conditions established by the state and the issuing
authority to carry out and effectuate the purposes of this
section, including, without limitation, covenants binding the
state in favor of the issuing authority and its assignees and the
owners of the obligations. Any such purchase and sale agreement
shall be sufficient to effectuate such purchase and sale without
regard to any other laws governing other property sales or
financial transactions by the state.
Not later than two years following the date on which there
are no longer any obligations outstanding under the bond
proceedings, all assets of the issuing authority shall vest in the
state, the issuing authority shall execute any necessary
assignments or instruments, including any assignment of any right,
title, or ownership to the state for receipt of amounts under the
tobacco master settlement agreement, and the issuing authority
shall be dissolved.
(C) The issuing authority is authorized to issue and to sell
obligations as provided in this section. The aggregate principal
amount of obligations issued under this section shall not exceed
six billion dollars, exclusive of obligations issued under
division (M)(1) of this section to refund, renew, or advance
refund other obligations issued or incurred. At least seventy-five
per cent of the aggregate net proceeds of the obligations issued
under the authority of this section, exclusive of obligations
issued to refund, renew, or advance refund other obligations,
shall be paid to the state for deposit into the school building
program assistance fund created in section 3318.25 of the Revised
Code.
(D) Each issue of obligations shall be authorized by
resolution or order of the issuing authority. The bond proceedings
shall provide for or authorize the manner for determining the
principal amount or maximum principal amount of obligations of an
issue, the principal maturity or maturities, the interest rate or
rates, the date of and the dates of payment of interest on the
obligations, their denominations, and the place or places of
payment of debt service which may be within or outside the state.
Unless otherwise provided by law, the latest principal maturity
may not be later than the earlier of the thirty-first day of
December of the fiftieth calendar year after the year of issuance
of the particular obligations or of the fiftieth calendar year
after the year in which the original obligation to pay was issued
or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of
the Revised Code apply to the obligations.
The purpose of the obligations may be stated in the bond
proceedings in general terms, such as, as applicable, "paying
costs of capital facilities for a system of common schools" and
"paying costs of facilities for state-supported and state-assisted
institutions of higher education." Unless otherwise provided in
the bond proceedings or in division (C) of this section, the net
proceeds from the issuance of the obligations shall be paid to the
state for deposit into the applicable improvement fund. In
addition to the investments authorized in Chapter 135. of the
Revised Code, the net proceeds held in an improvement fund may be
invested by the treasurer of state in guaranteed investment
contracts with providers rated at the time of any investment in
the three highest rating categories by two nationally recognized
rating agencies, all subject to the terms and conditions set forth
in those agreements or the bond proceedings. Notwithstanding
division (B)(4) of section 3318.38 anything to the contrary in
Chapter 3318. of the Revised Code, net proceeds of obligations
deposited into the school building program assistance fund created
in section 3318.25 of the Revised Code may be used to pay basic
project costs under section 3318.38 of the Revised Code that
chapter at the times determined by the Ohio school facilities
commission without regard to whether those expenditures are in
proportion to the state's and the school district's respective
shares of that basic project cost; provided that this shall not
result in any change in the state or school district shares of the
basic project costs provided under Chapter 3318. of the Revised
Code as determined under that chapter. As used in the preceding
sentence, "Ohio school facilities commission" and "basic project
costs" have the same meanings as in section 3318.01 of the Revised
Code.
(E) The issuing authority may, without need for any other
approval, appoint or provide for the appointment of paying agents,
bond registrars, securities depositories, credit enhancement
providers or counterparties, clearing corporations, and transfer
agents, and retain or contract for the services of underwriters,
investment bankers, financial advisers, accounting experts,
marketing, remarketing, indexing, and administrative agents, other
consultants, and independent contractors, including printing
services, as are necessary in the judgment of the issuing
authority to carry out the issuing authority's functions under
this section and section 183.52 of the Revised Code. The attorney
general as counsel to the issuing authority shall represent the
authority in the execution of its powers and duties, and shall
institute and prosecute all actions on its behalf. The issuing
authority, in consultation with the attorney general, shall select
counsel, and the attorney general shall appoint the counsel
selected, for the purposes of carrying out the functions under
this section and related sections of the Revised Code. Financing
costs are payable, as may be provided in the bond proceedings,
from the proceeds of the obligations, from special funds, or from
other moneys available for the purpose, including as to future
financing costs, from the pledged receipts.
(F) The issuing authority may irrevocably pledge and assign
all, or such portion as the issuing authority determines, of the
pledged receipts to the payment of the debt service charges on
obligations issued under this section, and for the establishment
and maintenance of any reserves, as provided in the bond
proceedings, and make other provisions in the bond proceedings
with respect to pledged receipts as authorized by this section,
which provisions are controlling notwithstanding any other
provisions of law pertaining to them. Any and all pledged receipts
received by the issuing authority and required by the bond
proceedings, consistent with this section, to be deposited,
transferred, or credited to the bond service fund, and all other
money transferred or allocated to or received for the purposes of
that fund, shall be deposited and credited to the bond service
fund created in the bond proceedings for the obligations, subject
to any applicable provisions of those bond proceedings, but
without necessity for any act of appropriation. Those pledged
receipts shall immediately be subject to the lien of that pledge
without any physical delivery thereof or further act, and shall
not be subject to other court judgments. The lien of the pledge of
those pledged receipts shall be valid and binding against all
parties having claims of any kind against the issuing authority,
irrespective of whether those parties have notice thereof. The
pledge shall create a perfected security interest for all purposes
of Chapter 1309. of the Revised Code and a perfected lien for
purposes of any other interest, all without the necessity for
separation or delivery of funds or for the filing or recording of
the applicable bond proceedings by which that pledge is created or
any certificate, statement, or other document with respect
thereto. The pledge of the pledged receipts shall be effective and
the money therefrom and thereof may be applied to the purposes for
which pledged.
(G) Obligations may be further secured, as determined by the
issuing authority, by an indenture or a trust agreement between
the issuing authority and a corporate trustee, which may be any
trust company or bank having a place of business within the state.
Any indenture or trust agreement may contain the resolution or
order authorizing the issuance of the obligations, any provisions
that may be contained in any bond proceedings, and other
provisions that are customary or appropriate in an agreement of
that type, including, but not limited to:
(1) Maintenance of each pledge, indenture, trust agreement,
or other instrument comprising part of the bond proceedings until
the issuing authority has fully paid or provided for the payment
of debt service on the obligations secured by it;
(2) In the event of default in any payments required to be
made by the bond proceedings, enforcement of those payments or
agreements by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of them;
(3) The rights and remedies of the holders or owners of
obligations and of the trustee and provisions for protecting and
enforcing them, including limitations on rights of individual
holders and owners.
(H) The bond proceedings may contain additional provisions
customary or appropriate to the financing or to the obligations or
to particular obligations including, but not limited to,
provisions for:
(1) The redemption of obligations prior to maturity at the
option of the issuing authority or of the holder or upon the
occurrence of certain conditions, and at a particular price or
prices and under particular terms and conditions;
(2) The form of and other terms of the obligations;
(3) The establishment, deposit, investment, and application
of special funds, and the safeguarding of moneys on hand or on
deposit, in lieu of the applicability of provisions of Chapter
131. or 135. of the Revised Code, but subject to any special
provisions of this section with respect to the application of
particular funds or moneys. Any financial institution that acts as
a depository of any moneys in special funds or other funds under
the bond proceedings may furnish indemnifying bonds or pledge
securities as required by the issuing authority.
(4) Any or every provision of the bond proceedings being
binding upon the issuing authority and upon such governmental
agency or entity, officer, board, authority, agency, department,
institution, district, or other person or body as may from time to
time be authorized to take actions as may be necessary to perform
all or any part of the duty required by the provision;
(5) The maintenance of each pledge or instrument comprising
part of the bond proceedings until the issuing authority has fully
paid or provided for the payment of the debt service on the
obligations or met other stated conditions;
(6) In the event of default in any payments required to be
made by the bond proceedings, or by any other agreement of the
issuing authority made as part of a contract under which the
obligations were issued or secured, including a credit enhancement
facility, the enforcement of those payments by mandamus, a suit in
equity, an action at law, or any combination of those remedial
actions;
(7) The rights and remedies of the holders or owners of
obligations or of book-entry interests in them, and of third
parties under any credit enhancement facility, and provisions for
protecting and enforcing those rights and remedies, including
limitations on rights of individual holders or owners;
(8) The replacement of mutilated, destroyed, lost, or stolen
obligations;
(9) The funding, refunding, or advance refunding, or other
provision for payment, of obligations that will then no longer be
outstanding for purposes of this section or of the applicable bond
proceedings;
(10) Amendment of the bond proceedings;
(11) Any other or additional agreements with the owners of
obligations, and such other provisions as the issuing authority
determines, including limitations, conditions, or qualifications,
relating to any of the foregoing or the activities of the issuing
authority in connection therewith.
The bond proceedings shall make provision for the payment of
the expenses of the enforcement activity of the attorney general
referred to in division (B) of this section from the amounts from
the tobacco master settlement agreement assigned and sold to the
issuing authority under that division or from the proceeds of
obligations, or a combination thereof, which may include provision
for both annual payments and a special fund providing reserve
amounts for the payment of those expenses.
The issuing authority shall not, and shall covenant in the
bond proceedings that it shall not, be authorized to and shall not
file a voluntary petition under the United States Bankruptcy Code,
11 U.S.C. 101 et seq., as amended, or voluntarily commence any
similar bankruptcy proceeding under state law including, without
limitation, consenting to the appointment of a receiver or trustee
or making a general or specific assignment for the benefit of
creditors, and neither any public officer or any organization,
entity, or other person shall authorize the issuing authority to
be or become a debtor under the United States Bankruptcy Code or
take any of those actions under the United States Bankruptcy Code
or state law. The state hereby covenants, and the issuing
authority shall covenant, with the holders or owners of the
obligations, that the state shall not permit the issuing authority
to file a voluntary petition under the United States Bankruptcy
Code or take any of those actions under the United States
Bankruptcy Code or state law during the period obligations are
outstanding and for any additional period for which the issuing
authority covenants in the bond proceedings, which additional
period may, but need not, be a period of three hundred sixty-seven
days or more.
(I) The obligations requiring execution by or for the issuing
authority shall be signed as provided in the bond proceedings, and
may bear the official seal of the issuing authority or a facsimile
thereof. Any obligation may be signed by the individual who, on
the date of execution, is the authorized signer even though, on
the date of the obligations, that individual is not an authorized
signer. In case the individual whose signature or facsimile
signature appears on any obligation ceases to be an authorized
signer before delivery of the obligation, that signature or
facsimile is nevertheless valid and sufficient for all purposes as
if that individual had remained the authorized signer until
delivery.
(J) Obligations are investment securities under Chapter 1308.
of the Revised Code. Obligations may be issued in bearer or in
registered form, registrable as to principal alone or as to both
principal and interest, or both, or in certificated or
uncertificated form, as the issuing authority determines.
Provision may be made for the exchange, conversion, or transfer of
obligations and for reasonable charges for registration, exchange,
conversion, and transfer. Pending preparation of final
obligations, the issuing authority may provide for the issuance of
interim instruments to be exchanged for the final obligations.
(K) Obligations may be sold at public sale or at private
sale, in such manner, and at such price at, above, or below par,
all as determined by and provided by the issuing authority in the
bond proceedings.
(L) Except to the extent that rights are restricted by the
bond proceedings, any owner of obligations or provider of or
counterparty to a credit enhancement facility may by any suitable
form of legal proceedings protect and enforce any rights relating
to obligations or that facility under the laws of this state or
granted by the bond proceedings. Those rights include the right to
compel the performance of all applicable duties of the issuing
authority and the state. Each duty of the issuing authority and
that issuing authority's officers, staff, and employees, and of
each state entity or agency, or using district or using
institution, and its officers, members, staff, or employees,
undertaken pursuant to the bond proceedings, is hereby established
as a duty of the entity or individual having authority to perform
that duty, specifically enjoined by law and resulting from an
office, trust, or station within the meaning of section 2731.01 of
the Revised Code. The individuals who are from time to time
members of the issuing authority, or their designees acting
pursuant to section 183.52 of the Revised Code, or the issuing
authority's officers, staff, agents, or employees, when acting
within the scope of their employment or agency, shall not be
liable in their personal capacities on any obligations or
otherwise under the bond proceedings, or for otherwise exercising
or carrying out any purposes or powers of the issuing authority.
(M)(1) Subject to any applicable limitations in division (C)
of this section, the issuing authority may also authorize and
provide for the issuance of:
(a) Obligations in the form of bond anticipation notes, and
may authorize and provide for the renewal of those notes from time
to time by the issuance of new notes. The holders of notes or
appertaining interest coupons have the right to have debt service
on those notes paid solely from the moneys and special funds, and
all or any portion of the pledged receipts, that are or may be
pledged to that payment, including the proceeds of bonds or
renewal notes or both, as the issuing authority provides in the
bond proceedings authorizing the notes. Notes may be additionally
secured by covenants of the issuing authority to the effect that
the issuing authority will do all things necessary for the
issuance of bonds or renewal notes in such principal amount and
upon such terms as may be necessary to provide moneys to pay when
due the debt service on the notes, and apply their proceeds to the
extent necessary, to make full and timely payment of debt service
on the notes as provided in the applicable bond proceedings. In
the bond proceedings authorizing the issuance of bond anticipation
notes the issuing authority shall set forth for the bonds
anticipated an estimated schedule of annual principal payments the
latest of which shall be no later than provided in division (D) of
this section. While the notes are outstanding there shall be
deposited, as shall be provided in the bond proceedings for those
notes, from the sources authorized for payment of debt service on
the bonds, amounts sufficient to pay the principal of the bonds
anticipated as set forth in that estimated schedule during the
time the notes are outstanding, which amounts shall be used solely
to pay the principal of those notes or of the bonds anticipated.
(b) Obligations for the refunding, including funding and
retirement, and advance refunding, with or without payment or
redemption prior to maturity, of any obligations previously issued
under this section and any bonds or notes previously issued for
the purpose of paying costs of capital facilities for: (i)
state-supported or state-assisted institutions of higher education
as authorized by sections 151.01 and 151.04 of the Revised Code,
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution,
and (ii) housing branches and agencies of state government limited
to facilities for a system of common schools throughout the state
as authorized by sections 151.01 and 151.03 of the Revised Code,
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution.
Refunding obligations may be issued in amounts sufficient to pay
or to provide for repayment of the principal amount, including
principal amounts maturing prior to the redemption of the
remaining prior obligations or bonds or notes, any redemption
premium, and interest accrued or to accrue to the maturity or
redemption date or dates, payable on the prior obligations or
bonds or notes, and related financing costs and any expenses
incurred or to be incurred in connection with that issuance and
refunding. Subject to the applicable bond proceedings, the portion
of the proceeds of the sale of refunding obligations issued under
division (M)(1)(b) of this section to be applied to debt service
on the prior obligations or bonds or notes shall be credited to an
appropriate separate account in the bond service fund and held in
trust for the purpose by the issuing authority or by a corporate
trustee, and may be invested as provided in the bond proceedings.
Obligations authorized under this division shall be considered to
be issued for those purposes for which the prior obligations or
bonds or notes were issued.
(2) The principal amount of refunding, advance refunding, or
renewal obligations issued pursuant to division (M) of this
section shall be in addition to the amount authorized in division
(C) of this section.
(N) Obligations are lawful investments for banks, savings and
loan associations, credit union share guaranty corporations, trust
companies, trustees, fiduciaries, insurance companies, including
domestic for life and domestic not for life, trustees or other
officers having charge of sinking and bond retirement or other
special funds of the state and political subdivisions and taxing
districts of this state, notwithstanding any other provisions of
the Revised Code or rules adopted pursuant to those provisions by
any state agency with respect to investments by them, and are also
acceptable as security for the repayment of the deposit of public
moneys. The exemptions from taxation in Ohio as provided for in
particular sections of the Ohio Constitution and section 5709.76
of the Revised Code apply to the obligations.
(O)(1) Unless otherwise provided or provided for in any
applicable bond proceedings, moneys to the credit of or in a
special fund shall be disbursed on the order of the issuing
authority. No such order is required for the payment, from the
bond service fund or other special fund, when due of debt service
or required payments under credit enhancement facilities.
(2) Payments received by the issuing authority under interest
rate hedges entered into as credit enhancement facilities under
this section shall be deposited as provided in the applicable bond
proceedings.
(P) The obligations shall not be general obligations of the
state and the full faith and credit, revenue, and taxing power of
the state shall not be pledged to the payment of debt service on
them or to any guarantee of the payment of that debt service. The
holders or owners of the obligations shall have no right to have
any moneys obligated or pledged for the payment of debt service
except as provided in this section and in the applicable bond
proceedings. The rights of the holders and owners to payment of
debt service are limited to all or that portion of the pledged
receipts, and those special funds, pledged to the payment of debt
service pursuant to the bond proceedings in accordance with this
section, and each obligation shall bear on its face a statement to
that effect.
(Q) Each bond service fund is a trust fund and is hereby
pledged to the payment of debt service on the applicable
obligations. Payment of that debt service shall be made or
provided for by the issuing authority in accordance with the bond
proceedings without necessity for any act of appropriation. The
bond proceedings may provide for the establishment of separate
accounts in the bond service fund and for the application of those
accounts only to debt service on specific obligations, and for
other accounts in the bond service fund within the general
purposes of that fund.
(R) Subject to the bond proceedings pertaining to any
obligations then outstanding in accordance with their terms, the
issuing authority may in the bond proceedings pledge all, or such
portion as the issuing authority determines, of the moneys in the
bond service fund to the payment of debt service on particular
obligations, and for the establishment and maintenance of any
reserves for payment of particular debt service.
(S)(1) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of special funds may be invested
by or on behalf of the issuing authority only in one or more of
the following:
(a) Notes, bonds, or other direct obligations of the United
States or of any agency or instrumentality of the United States,
or in no-front-end-load money market mutual funds consisting
exclusively of those obligations, or in repurchase agreements,
including those issued by any fiduciary, secured by those
obligations, or in collective investment funds consisting
exclusively of those obligations;
(b) Obligations of this state or any political subdivision of
this state;
(c) Certificates of deposit of any national bank located in
this state and any bank, as defined in section 1101.01 of the
Revised Code, subject to inspection by the superintendent of
financial institutions;
(d) The treasurer of state's pooled investment program under
section 135.45 of the Revised Code;
(e) Other investment agreements or repurchase agreements that
are consistent with the ratings on the obligations.
(2) The income from investments referred to in division
(S)(1) of this section shall be credited to special funds or
otherwise as the issuing authority determines in the bond
proceedings. Those investments may be sold or exchanged at times
as the issuing authority determines, provides for, or authorizes.
(T) The treasurer of state shall have responsibility for
keeping records, making reports, and making payments, relating to
any arbitrage rebate requirements under the applicable bond
proceedings.
(U) The issuing authority shall make quarterly reports to the
general assembly of the amounts in, and activities of, each
improvement fund, including amounts and activities on the subfund
level. Each report shall include a detailed description and
analysis of the amount of proceeds remaining in each fund from the
sale of obligations pursuant to this section, and any other
deposits, credits, interest earnings, disbursements, expenses,
transfers, or activities of each fund.
(V) The costs of the annual audit of the authority conducted
pursuant to section 117.112 of the Revised Code are payable, as
may be provided in the bond proceedings, from the proceeds of the
obligations, from special funds, or from other moneys available
for the purpose, including as to future financing costs, from the
pledged receipts.
Sec. 185.01. As used in this chapter:
(A) "Advanced practice nurse" has the same meaning as in
section 4723.01 of the Revised Code.
(B) "Collaboration" has the same meaning as in section
4723.01 of the Revised Code.
(C) "Health care coverage and quality council" means the
entity established under section 3923.90 of the Revised Code.
(D) "Patient centered medical home education advisory group"
means the entity established under section 185.03 of the Revised
Code to implement and administer the patient centered medical home
education pilot project.
(E)(D) "Patient centered medical home education pilot
project" means the pilot project established under section 185.02
of the Revised Code.
Sec. 185.03. (A) The patient centered medical home education
advisory group is hereby created for the purpose of implementing
and administering the patient centered medical home pilot project.
The advisory group shall develop a set of expected outcomes for
the pilot project.
(B) The advisory group shall consist of the following voting
members:
(1) One individual with expertise in the training and
education of primary care physicians who is appointed by the dean
of the university of Toledo college of medicine;
(2) One individual with expertise in the training and
education of primary care physicians who is appointed by the dean
of the Boonshoft school of medicine at Wright state university;
(3) One individual with expertise in the training and
education of primary care physicians who is appointed by the
president and dean of the northeastern Ohio universities colleges
of medicine and pharmacy;
(4) One individual with expertise in the training and
education of primary care physicians who is appointed by the dean
of the Ohio university college of osteopathic medicine;
(5) Two individuals appointed by the governing board of the
Ohio academy of family physicians;
(6) One individual appointed by the governing board of the
Ohio chapter of the American college of physicians;
(7) One individual appointed by the governing board of the
American academy of pediatrics;
(8) One individual appointed by the governing board of the
Ohio osteopathic association;
(9) One individual with expertise in the training and
education of advanced practice nurses who is appointed by the
governing board of the Ohio council of deans and directors of
baccalaureate and higher degree programs in nursing;
(10) One individual appointed by the governing board of the
Ohio nurses association;
(11) One individual appointed by the governing board of the
Ohio association of advanced practice nurses;
(12) A member of the health care coverage and quality
council, other than the advisory group member specified in
division (C)(2) of this section, One individual appointed by the
superintendent of insurance.
(C) The advisory group shall consist of the following
nonvoting, ex officio members:
(1) The executive director of the state medical board, or the
director's designee;
(2) The executive director of the board of nursing or the
director's designee;
(3) The chancellor of the Ohio board of regents, or the
chancellor's designee;
(4) The individual within the department of job and family
services who serves as the director of medicaid, or the director's
designee;
(5) The director of health or the director's designee.
(D) Advisory group members who are appointed shall serve at
the pleasure of their appointing authorities. Terms of office of
appointed members shall be three years, except that a member's
term ends if the pilot project ceases operation during the
member's term.
Vacancies shall be filled in the manner provided for original
appointments.
Members shall serve without compensation, except to the
extent that serving on the advisory group is considered part of
their regular employment duties.
(E) The advisory group shall select from among its members a
chairperson and vice-chairperson. The advisory group may select
any other officers it considers necessary to conduct its business.
A majority of the members of the advisory group constitutes a
quorum for the transaction of official business. A majority of a
quorum is necessary for the advisory group to take any action,
except that when one or more members of a quorum are required to
abstain from voting as provided in division (C)(1)(d) or (C)(2)(c)
of section 185.05 of the Revised Code, the number of members
necessary for a majority of a quorum shall be reduced accordingly.
The advisory group shall meet as necessary to fulfill its
duties. The times and places for the meetings shall be selected by
the chairperson.
(F) Sections 101.82 to 101.87 of the Revised Code do not
apply to the advisory group.
Sec. 185.06. (A) To be eligible for inclusion in the patient
centered medical home education pilot project, a physician
practice shall meet all of the following requirements:
(1) Consist of physicians who are board-certified in family
medicine, general pediatrics, or internal medicine, as those
designations are issued by a medical specialty certifying board
recognized by the American board of medical specialties or
American osteopathic association;
(2) Be capable of adapting the practice during the period in
which the practice receives funding from the patient centered
medical home education advisory group in such a manner that the
practice is fully compliant with the minimum standards for
operation of a patient centered medical home, as those standards
are established by the advisory group;
(3) Comply with any reporting requirements recommended by the
health care coverage and quality council under division (A)(12) of
section 3923.91 of the Revised Code;
(4) Meet any other criteria established by the advisory group
as part of the selection process.
(B) To be eligible for inclusion in the pilot project, an
advanced practice nurse primary care practice shall meet all of
the following requirements:
(1) Consist of advanced practice nurses who meet all of the
following requirements:
(a) Hold a certificate to prescribe issued under section
4723.48 of the Revised Code;
(b) Are board-certified as a family nurse practitioner or
adult nurse practitioner by the American academy of nurse
practitioners or American nurses credentialing center,
board-certified as a geriatric nurse practitioner or women's
health nurse practitioner by the American nurses credentialing
center, or is board-certified as a pediatric nurse practitioner by
the American nurses credentialing center or pediatric nursing
certification board;
(c) Has a collaboration agreement with a physician with board
certification as specified in division (A)(1) of this section and
who is an active participant on the health care team.
(2) Be capable of adapting the primary care practice during
the period in which the practice receives funding from the
advisory group in such a manner that the practice is fully
compliant with the minimum standards for operation of a patient
centered medical home, as those standards are established by the
advisory group;
(3) Comply with any reporting requirements recommended by the
health care coverage and quality council under division (A)(12) of
section 3923.91 of the Revised Code;
(4) Meet any other criteria established by the advisory group
as part of the selection process.
Sec. 185.10. The patient centered medical home education
advisory group shall seek funding sources for the patient centered
medical home education pilot project. In doing so, the advisory
group may apply for grants, seek federal funds, seek private
donations, or seek any other type of funding that may be available
for the pilot project. To ensure that appropriate sources of and
opportunities for funding are identified and pursued, the advisory
group may ask for assistance from the health care coverage and
quality council.
Sec. 305.23. (A) As used in this section, "county office"
means the offices of the county commissioner, county auditor,
county treasurer, county engineer, county recorder, county
prosecuting attorney, county sheriff, county coroner, county park
district, clerk of the juvenile court, clerks of court for all
divisions of the courts of common pleas, including the clerk of
the court of common pleas, clerk of a county-operated municipal
court, and clerk of a county court, and any agency or department
under the authority of, or receiving funding in whole or in part
from, any of those county offices.
(B) A board of county commissioners may adopt a resolution
establishing centralized purchasing, printing, transportation,
vehicle maintenance, information technology, human resources,
revenue collection, and mail operation services for a county
office. The resolution shall specify all of the following:
(1) Which county offices are required to use the centralized
services;
(2) If not all of the centralized services, which centralized
service each county office must use;
(3) A list of rates and charges the county office shall pay
for the centralized services;
(4) The date upon which each county office specified in the
resolution shall begin using the centralized services.
Not later than ten days after a resolution is adopted under
this section, the clerk of the board of county commissioners shall
send a copy of the resolution to each county office that is
specified in the resolution.
Sec. 306.322. (A) For any regional transit authority that
levies a property tax and that includes a county having a
population of at least four hundred thousand according to the most
recent federal census, the procedures of this section apply until
November 5, 2013, and are in addition to and an alternative to
those established in sections 306.32 and 306.321 for joining to
the regional transit authority additional counties, municipal
corporations, or townships.
(B) Any county, municipal corporation, or township may adopt
a resolution or ordinance proposing to join a regional transit
authority described in division (A) of this section. In its
resolution or ordinance, the political subdivision may propose
joining the regional transit authority for a limited period of
three years or without a time limit.
(C) The political subdivision proposing to join the regional
transit authority shall submit a copy of its resolution or
ordinance to the board of the county commissioners of each county,
the legislative authority of each municipal corporation, and the
board of trustees of each township comprising the regional transit
authority. Within thirty days of receiving the resolution or
ordinance for inclusion in the regional transit authority, the
board of the county commissioners of each county, the legislative
authority of each municipal corporation, and the board of trustees
of each township shall consider the question of whether to include
the additional subdivision in the regional transit authority,
shall adopt a resolution or ordinance approving or rejecting the
inclusion of the additional subdivision, and shall present its
resolution or ordinance to the board of trustees of the regional
transit authority.
(D) If a majority of the political subdivisions comprising
the regional transit authority approve the inclusion of the
additional political subdivision, the board of trustees of the
regional transit authority, not later than the tenth day following
the day on which the last ordinance or resolution is presented,
shall notify the subdivision proposing to join the regional
transit authority that it may certify the proposal to the board of
elections for the purpose of having the proposal placed on the
ballot at the next general election or at a special election
conducted on the day of the next primary election that occurs not
less than seventy-five days after the resolution or ordinance is
certified to the board of elections.
(E) Upon certification of a proposal to the board of
elections pursuant to this section, the board of elections shall
make the necessary arrangements for the submission of the question
to the electors of the territory to be included in the regional
transit authority qualified to vote on the question, and the
election shall be held, canvassed, and certified in the same
manner as regular elections for the election of officers of the
subdivision proposing to join the regional transit authority,
except that, if the resolution proposed the inclusion without a
time limitation the question appearing on the ballot shall read:
"Shall the territory within the .........................
(Name or names of political subdivisions to be joined) be added to
......................... ......... (Name) regional transit
authority?" and shall a(n) .......... (here insert type of tax or
taxes) at a rate of taxation not to exceed ..... (here insert
maximum tax rate or rates) be levied for all transit purposes?"
If the resolution proposed the inclusion with a three-year
time limitation, the question appearing on the ballot shall read:
"Shall the territory within the .........................
(Name or names of political subdivisions to be joined) be added to
......................... ......... (Name) regional transit
authority?" for three years and shall a(n) .......... (here insert
type of tax or taxes) at a rate of taxation not to exceed .....
(here insert maximum tax rate or rates) be levied for all transit
purposes for three years?"
(F) If the question is approved by at least a majority of the
electors voting on the question, the addition of the new territory
is immediately effective, and the regional transit authority may
extend the levy of the tax against all the taxable property within
the territory that was added. If the question is approved at a
general election or at a special election occurring prior to the
general election but after the fifteenth day of July, the regional
transit authority may amend its budget and resolution adopted
pursuant to section 5705.34 of the Revised Code, and the levy
shall be placed on the current tax list and duplicate and
collected as other taxes are collected from all taxable property
within the territorial boundaries of the regional transit
authority, including the territory within the political
subdivision added as a result of the election. If the budget of
the regional transit authority is amended pursuant to this
paragraph, the county auditor shall prepare and deliver an amended
certificate of estimated resources to reflect the change in
anticipated revenues of the regional transit authority.
(G) If the question is approved by at least a majority of the
electors voting on the question, the board of trustees of the
regional transit authority immediately shall amend the resolution
or ordinance creating the regional transit authority to include
the additional political subdivision.
(H) If the question approved by a majority of the electors
voting on the question added the subdivision for three years, the
territory of the additional county, municipal corporation, or
township in the regional transit authority shall be removed from
the territory of the regional transit authority three years after
the date the territory was added, as determined in the effective
date of the election, and shall no longer be a part of that
authority without any further action by either the political
subdivisions that were included in the authority prior to
submitting the question to the electors or of the political
subdivision added to the authority as a result of the election.
The regional transit authority reduced to its territory as it
existed prior to the inclusion of the additional county, municipal
corporation, or township, shall be entitled to levy and collect
any property taxes that it was authorized to levy and collect
prior to the enlargement of its territory and for which
authorization has not expired, as if the enlargement had not
occurred.
Sec. 306.55. Beginning July 1, 2011 and until November 5,
2013, any county, municipal corporation, or township that has
created or joined a regional transit authority that levies a
property tax and that includes a county having a population of at
least four hundred thousand according to the most recent federal
census, may withdraw from the regional transit authority in the
manner provided in this section. The board of county
commissioners, legislative authority of the municipal corporation,
or board of township trustees of the township proposing to
withdraw shall adopt a resolution to submit the question of
withdrawing from the regional transit authority to the electors of
the territory to be withdrawn and shall certify the proposal to
the board of elections for the purpose of having the proposal
placed on the ballot at the next general election or at a special
election conducted on the day of the next primary election that
occurs not less than seventy-five days after the resolution is
certified to the board of elections.
Upon certification of a proposal to the board of elections
pursuant to this section, the board of elections shall make the
necessary arrangements for the submission of the question to the
electors of the territory to be withdrawn from the regional
transit authority qualified to vote on the question, and the
election shall be held, canvassed, and certified in the same
manner as regular elections for the election of officers of the
subdivision proposing to withdraw from the regional transit
authority, except that the question appearing on the ballot shall
read:
"Shall the territory within the .........................
(Name of political subdivision to be withdrawn) be withdrawn from
......................... ......... (Name) regional transit
authority?"
If the question is approved by at least a majority of the
electors voting on the question, the withdrawal is effective one
year from the date of the certification of its passage.
The board of elections to which the resolution was certified
shall certify the results of the election to the board or
legislative authority of the subdivision that submitted the
resolution to withdraw and to the board of trustees of the
regional transit authority from which the subdivision proposed to
withdraw.
If the question of withdrawing from the regional transit
authority is approved, the power of the regional transit authority
to levy a tax on taxable property in the withdrawing subdivision
terminates.
Sec. 306.551. Any county, municipal corporation, or township
that withdraws from a regional transit authority under section
306.55 of the Revised Code may enter into a contract with a
regional transit authority or other provider of transit services
to provide transportation service for handicapped, disabled, or
elderly persons and for any other service the legislative
authority of the county, municipal corporation, or township may
determine to be appropriate.
Sec. 307.86. Anything to be purchased, leased, leased with
an option or agreement to purchase, or constructed, including, but
not limited to, any product, structure, construction,
reconstruction, improvement, maintenance, repair, or service,
except the services of an accountant, architect, attorney at law,
physician, professional engineer, construction project manager,
consultant, surveyor, or appraiser, by or on behalf of the county
or contracting authority, as defined in section 307.92 of the
Revised Code, at a cost in excess of twenty-five thousand dollars,
except as otherwise provided in division (D) of section 713.23 and
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041,
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16,
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall
be obtained through competitive bidding. However, competitive
bidding is not required when any of the following applies:
(A) The board of county commissioners, by a unanimous vote of
its members, makes a determination that a real and present
emergency exists, and that determination and the reasons for it
are entered in the minutes of the proceedings of the board, when
either of the following applies:
(1) The estimated cost is less than fifty thousand dollars.
(2) There is actual physical disaster to structures, radio
communications equipment, or computers.
For purposes of this division, "unanimous vote" means all
three members of a board of county commissioners when all three
members are present, or two members of the board if only two
members, constituting a quorum, are present.
Whenever a contract of purchase, lease, or construction is
exempted from competitive bidding under division (A)(1) of this
section because the estimated cost is less than fifty thousand
dollars, but the estimated cost is twenty-five thousand dollars or
more, the county or contracting authority shall solicit informal
estimates from no fewer than three persons who could perform the
contract, before awarding the contract. With regard to each such
contract, the county or contracting authority shall maintain a
record of such estimates, including the name of each person from
whom an estimate is solicited. The county or contracting authority
shall maintain the record for the longer of at least one year
after the contract is awarded or the amount of time the federal
government requires.
(B)(1) The purchase consists of supplies or a replacement or
supplemental part or parts for a product or equipment owned or
leased by the county, and the only source of supply for the
supplies, part, or parts is limited to a single supplier.
(2) The purchase consists of services related to information
technology, such as programming services, that are proprietary or
limited to a single source.
(C) The purchase is from the federal government, the state,
another county or contracting authority of another county, or a
board of education, educational service center, township, or
municipal corporation.
(D) The purchase is made by a county department of job and
family services under section 329.04 of the Revised Code and
consists of family services duties or workforce development
activities or is made by a county board of developmental
disabilities under section 5126.05 of the Revised Code and
consists of program services, such as direct and ancillary client
services, child care, case management services, residential
services, and family resource services.
(E) The purchase consists of criminal justice services,
social services programs, family services, or workforce
development activities by the board of county commissioners from
nonprofit corporations or associations under programs funded by
the federal government or by state grants.
(F) The purchase consists of any form of an insurance policy
or contract authorized to be issued under Title XXXIX of the
Revised Code or any form of health care plan authorized to be
issued under Chapter 1751. of the Revised Code, or any combination
of such policies, contracts, plans, or services that the
contracting authority is authorized to purchase, and the
contracting authority does all of the following:
(1) Determines that compliance with the requirements of this
section would increase, rather than decrease, the cost of the
purchase;
(2) Requests issuers of the policies, contracts, plans, or
services to submit proposals to the contracting authority, in a
form prescribed by the contracting authority, setting forth the
coverage and cost of the policies, contracts, plans, or services
as the contracting authority desires to purchase;
(3) Negotiates with the issuers for the purpose of purchasing
the policies, contracts, plans, or services at the best and lowest
price reasonably possible.
(G) The purchase consists of computer hardware, software, or
consulting services that are necessary to implement a computerized
case management automation project administered by the Ohio
prosecuting attorneys association and funded by a grant from the
federal government.
(H) Child care services are purchased for provision to county
employees.
(I)(1) Property, including land, buildings, and other real
property, is leased for offices, storage, parking, or other
purposes, and all of the following apply:
(a) The contracting authority is authorized by the Revised
Code to lease the property.
(b) The contracting authority develops requests for proposals
for leasing the property, specifying the criteria that will be
considered prior to leasing the property, including the desired
size and geographic location of the property.
(c) The contracting authority receives responses from
prospective lessors with property meeting the criteria specified
in the requests for proposals by giving notice in a manner
substantially similar to the procedures established for giving
notice under section 307.87 of the Revised Code.
(d) The contracting authority negotiates with the prospective
lessors to obtain a lease at the best and lowest price reasonably
possible considering the fair market value of the property and any
relocation and operational costs that may be incurred during the
period the lease is in effect.
(2) The contracting authority may use the services of a real
estate appraiser to obtain advice, consultations, or other
recommendations regarding the lease of property under this
division.
(J) The purchase is made pursuant to section 5139.34 or
sections 5139.41 to 5139.46 of the Revised Code and is of programs
or services that provide case management, treatment, or prevention
services to any felony or misdemeanant delinquent, unruly youth,
or status offender under the supervision of the juvenile court,
including, but not limited to, community residential care, day
treatment, services to children in their home, or electronic
monitoring.
(K) The purchase is made by a public children services agency
pursuant to section 307.92 or 5153.16 of the Revised Code and
consists of family services, programs, or ancillary services that
provide case management, prevention, or treatment services for
children at risk of being or alleged to be abused, neglected, or
dependent children.
(L) The purchase is to obtain the services of emergency
medical service organizations under a contract made by the board
of county commissioners pursuant to section 307.05 of the Revised
Code with a joint emergency medical services district.
(M) The county contracting authority determines that the use
of competitive sealed proposals would be advantageous to the
county and the contracting authority complies with section 307.862
of the Revised Code.
Any issuer of policies, contracts, plans, or services listed
in division (F) of this section and any prospective lessor under
division (I) of this section may have the issuer's or prospective
lessor's name and address, or the name and address of an agent,
placed on a special notification list to be kept by the
contracting authority, by sending the contracting authority that
name and address. The contracting authority shall send notice to
all persons listed on the special notification list. Notices shall
state the deadline and place for submitting proposals. The
contracting authority shall mail the notices at least six weeks
prior to the deadline set by the contracting authority for
submitting proposals. Every five years the contracting authority
may review this list and remove any person from the list after
mailing the person notification of that action.
Any contracting authority that negotiates a contract under
division (F) of this section shall request proposals and negotiate
with issuers in accordance with that division at least every three
years from the date of the signing of such a contract, unless the
parties agree upon terms for extensions or renewals of the
contract. Such extension or renewal periods shall not exceed six
years from the date the initial contract is signed.
Any real estate appraiser employed pursuant to division (I)
of this section shall disclose any fees or compensation received
from any source in connection with that employment.
Sec. 307.93. (A) The boards of county commissioners of two
or more adjacent counties may contract for the joint establishment
of a multicounty correctional center, and the board of county
commissioners of a county or the boards of two or more counties
may contract with any municipal corporation or municipal
corporations located in that county or those counties for the
joint establishment of a municipal-county or multicounty-municipal
correctional center. The center shall augment county and, where
applicable, municipal jail programs and facilities by providing
custody and rehabilitative programs for those persons under the
charge of the sheriff of any of the contracting counties or of the
officer or officers of the contracting municipal corporation or
municipal corporations having charge of persons incarcerated in
the municipal jail, workhouse, or other correctional facility who,
in the opinion of the sentencing court, need programs of custody
and rehabilitation not available at the county or municipal jail
and by providing custody and rehabilitative programs in accordance
with division (C) of this section, if applicable. The contract may
include, but need not be limited to, provisions regarding the
acquisition, construction, maintenance, repair, termination of
operations, and administration of the center. The contract shall
prescribe the manner of funding of, and debt assumption for, the
center and the standards and procedures to be followed in the
operation of the center. Except as provided in division (H) of
this section, the contracting counties and municipal corporations
shall form a corrections commission to oversee the administration
of the center. Members of the commission shall consist of the
sheriff of each participating county, the president of the board
of county commissioners of each participating county, the
presiding judge of the court of common pleas of each participating
county, or, if the court of common pleas of a participating county
has only one judge, then that judge, the chief of police of each
participating municipal corporation, the mayor or city manager of
each participating municipal corporation, and the presiding judge
or the sole judge of the municipal court of each participating
municipal corporation. Any of the foregoing officers may appoint a
designee to serve in the officer's place on the corrections
commission. The standards and procedures shall be formulated and
agreed to by the commission and may be amended at any time during
the life of the contract by agreement of the parties to the
contract upon the advice of the commission. The standards and
procedures formulated by the commission shall include, but need
not be limited to, designation of the person in charge of the
center, the categories of employees to be employed at the center,
the appointing authority of the center, and the standards of
treatment and security to be maintained at the center. The person
in charge of, and all persons employed to work at, the center
shall have all the powers of police officers that are necessary
for the proper performance of the duties relating to their
positions at the center.
(B) Each board of county commissioners that enters a contract
under division (A) of this section may appoint a building
commission pursuant to section 153.21 of the Revised Code. If any
commissions are appointed, they shall function jointly in the
construction of a multicounty or multicounty-municipal
correctional center with all the powers and duties authorized by
law.
(C) Prior to the acceptance for custody and rehabilitation
into a center established under this section of any persons who
are designated by the department of rehabilitation and correction,
who plead guilty to or are convicted of a felony of the fourth or
fifth degree, and who satisfy the other requirements listed in
section 5120.161 of the Revised Code, the corrections commission
of a center established under this section shall enter into an
agreement with the department of rehabilitation and correction
under section 5120.161 of the Revised Code for the custody and
rehabilitation in the center of persons who are designated by the
department, who plead guilty to or are convicted of a felony of
the fourth or fifth degree, and who satisfy the other requirements
listed in that section, in exchange for a per diem fee per person.
Persons incarcerated in the center pursuant to an agreement
entered into under this division shall be subject to supervision
and control in the manner described in section 5120.161 of the
Revised Code. This division does not affect the authority of a
court to directly sentence a person who is convicted of or pleads
guilty to a felony to the center in accordance with section
2929.16 of the Revised Code.
(D) Pursuant to section 2929.37 of the Revised Code, each
board of county commissioners and the legislative authority of
each municipal corporation that enters into a contract under
division (A) of this section may require a person who was
convicted of an offense, who is under the charge of the sheriff of
their county or of the officer or officers of the contracting
municipal corporation or municipal corporations having charge of
persons incarcerated in the municipal jail, workhouse, or other
correctional facility, and who is confined in the multicounty,
municipal-county, or multicounty-municipal correctional center as
provided in that division, to reimburse the applicable county or
municipal corporation for its expenses incurred by reason of the
person's confinement in the center.
(E) Notwithstanding any contrary provision in this section or
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the
corrections commission of a center may establish a policy that
complies with section 2929.38 of the Revised Code and that
requires any person who is not indigent and who is confined in the
multicounty, municipal-county, or multicounty-municipal
correctional center to pay a reception fee, a fee for medical
treatment or service requested by and provided to that person, or
the fee for a random drug test assessed under division (E) of
section 341.26 of the Revised Code.
(F)(1) The corrections commission of a center established
under this section may establish a commissary for the center. The
commissary may be established either in-house or by another
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary privileges. A
person's purchases from the commissary shall be deducted from the
person's account record in the center's business office. The
commissary shall provide for the distribution to indigent persons
incarcerated in the center of necessary hygiene articles and
writing materials.
(2) If a commissary is established, the corrections
commission of a center established under this section shall
establish a commissary fund for the center. The management of
funds in the commissary fund shall be strictly controlled in
accordance with procedures adopted by the auditor of state.
Commissary fund revenue over and above operating costs and reserve
shall be considered profits. All profits from the commissary fund
shall be used to purchase supplies and equipment for the benefit
of persons incarcerated in the center and to pay salary and
benefits for employees of the center, or for any other persons,
who work in or are employed for the sole purpose of providing
service to the commissary. The corrections commission shall adopt
rules and regulations for the operation of any commissary fund it
establishes.
(G) In lieu of forming a corrections commission to administer
a multicounty correctional center or a municipal-county or
multicounty-municipal correctional center, the boards of county
commissioners and the legislative authorities of the municipal
corporations contracting to establish the center may also agree to
contract for the private operation and management of the center as
provided in section 9.06 of the Revised Code, but only if the
center houses only misdemeanant inmates. In order to enter into a
contract under section 9.06 of the Revised Code, all the boards
and legislative authorities establishing the center shall approve
and be parties to the contract.
(H) If a person who is convicted of or pleads guilty to an
offense is sentenced to a term in a multicounty correctional
center or a municipal-county or multicounty-municipal correctional
center or is incarcerated in the center in the manner described in
division (C) of this section, or if a person who is arrested for
an offense, and who has been denied bail or has had bail set and
has not been released on bail is confined in a multicounty
correctional center or a municipal-county or multicounty-municipal
correctional center pending trial, at the time of reception and at
other times the officer, officers, or other person in charge of
the operation of the center determines to be appropriate, the
officer, officers, or other person in charge of the operation of
the center may cause the convicted or accused offender to be
examined and tested for tuberculosis, HIV infection, hepatitis,
including but not limited to hepatitis A, B, and C, and other
contagious diseases. The officer, officers, or other person in
charge of the operation of the center may cause a convicted or
accused offender in the center who refuses to be tested or treated
for tuberculosis, HIV infection, hepatitis, including but not
limited to hepatitis A, B, and C, or another contagious disease to
be tested and treated involuntarily.
(I) As used in this section, "multicounty-municipal" means
more than one county and a municipal corporation, or more than one
municipal corporation and a county, or more than one municipal
corporation and more than one county.
Sec. 319.301. (A) The reductions required by division (D) of
this section do not apply to any of the following:
(1) Taxes levied at whatever rate is required to produce a
specified amount of tax money, including a tax levied under
section 5705.199 or 5705.211 of the Revised Code, or an amount to
pay debt charges;
(2) Taxes levied within the one per cent limitation imposed
by Section 2 of Article XII, Ohio Constitution;
(3) Taxes provided for by the charter of a municipal
corporation.
(B) As used in this section:
(1) "Real property" includes real property owned by a
railroad.
(2) "Carryover property" means all real property on the
current year's tax list except:
(a) Land and improvements that were not taxed by the district
in both the preceding year and the current year;
(b) Land and improvements that were not in the same class in
both the preceding year and the current year.
(3) "Effective tax rate" means with respect to each class of
property:
(a) The sum of the total taxes that would have been charged
and payable for current expenses against real property in that
class if each of the district's taxes were reduced for the current
year under division (D)(1) of this section without regard to the
application of division (E)(3) of this section divided by
(b) The taxable value of all real property in that class.
(4) "Taxes charged and payable" means the taxes charged and
payable prior to any reduction required by section 319.302 of the
Revised Code.
(C) The tax commissioner shall make the determinations
required by this section each year, without regard to whether a
taxing district has territory in a county to which section 5715.24
of the Revised Code applies for that year. Separate determinations
shall be made for each of the two classes established pursuant to
section 5713.041 of the Revised Code.
(D) With respect to each tax authorized to be levied by each
taxing district, the tax commissioner, annually, shall do both of
the following:
(1) Determine by what percentage, if any, the sums levied by
such tax against the carryover property in each class would have
to be reduced for the tax to levy the same number of dollars
against such property in that class in the current year as were
charged against such property by such tax in the preceding year
subsequent to the reduction made under this section but before the
reduction made under section 319.302 of the Revised Code. In the
case of a tax levied for the first time that is not a renewal of
an existing tax, the commissioner shall determine by what
percentage the sums that would otherwise be levied by such tax
against carryover property in each class would have to be reduced
to equal the amount that would have been levied if the full rate
thereof had been imposed against the total taxable value of such
property in the preceding tax year. A tax or portion of a tax that
is designated a replacement levy under section 5705.192 of the
Revised Code is not a renewal of an existing tax for purposes of
this division.
(2) Certify each percentage determined in division (D)(1) of
this section, as adjusted under division (E) of this section, and
the class of property to which that percentage applies to the
auditor of each county in which the district has territory. The
auditor, after complying with section 319.30 of the Revised Code,
shall reduce the sum to be levied by such tax against each parcel
of real property in the district by the percentage so certified
for its class. Certification shall be made by the first day of
September except in the case of a tax levied for the first time,
in which case certification shall be made within fifteen days of
the date the county auditor submits the information necessary to
make the required determination.
(E)(1) As used in division (E)(2) of this section, "pre-1982
joint vocational taxes" means, with respect to a class of
property, the difference between the following amounts:
(a) The taxes charged and payable in tax year 1981 against
the property in that class for the current expenses of the joint
vocational school district of which the school district is a part
after making all reductions under this section;
(b) The following percentage of the taxable value of all real
property in that class:
(i) In 1987, five one-hundredths of one per cent;
(ii) In 1988, one-tenth of one per cent;
(iii) In 1989, fifteen one-hundredths of one per cent;
(iv) In 1990 and each subsequent year, two-tenths of one per
cent.
If the amount in division (E)(1)(b) of this section exceeds
the amount in division (E)(1)(a) of this section, the pre-1982
joint vocational taxes shall be zero.
As used in divisions (E)(2) and (3) of this section, "taxes
charged and payable" has the same meaning as in division (B)(4) of
this section and excludes any tax charged and payable in 1985 or
thereafter under sections 5705.194 to 5705.197 or section
5705.199, 5705.213, or 5705.219 of the Revised Code.
(2) If in the case of a school district other than a joint
vocational or cooperative education school district any percentage
required to be used in division (D)(2) of this section for either
class of property could cause the total taxes charged and payable
for current expenses to be less than two per cent of the taxable
value of all real property in that class that is subject to
taxation by the district, the commissioner shall determine what
percentages would cause the district's total taxes charged and
payable for current expenses against that class, after all
reductions that would otherwise be made under this section, to
equal, when combined with the pre-1982 joint vocational taxes
against that class, the lesser of the following:
(a) The sum of the rates at which those taxes are authorized
to be levied;
(b) Two per cent of the taxable value of the property in that
class. The auditor shall use such percentages in making the
reduction required by this section for that class.
(3)(a) If in the case of a joint vocational school district
any percentage required to be used in division (D)(2) of this
section for either class of property could cause the total taxes
charged and payable for current expenses for that class to be less
than the designated amount, the commissioner shall determine what
percentages would cause the district's total taxes charged and
payable for current expenses for that class, after all reductions
that would otherwise be made under this section, to equal the
designated amount. The auditor shall use such percentages in
making the reductions required by this section for that class.
(b) As used in division (E)(3)(a) of this section, the
designated amount shall equal the taxable value of all real
property in the class that is subject to taxation by the district
times the lesser of the following:
(i) Two-tenths of one per cent;
(ii) The district's effective rate plus the following
percentage for the year indicated:
|
WHEN COMPUTING THE |
|
ADD THE FOLLOWING |
|
|
|
TAXES CHARGED FOR |
|
PERCENTAGE: |
|
|
|
1987 |
|
0.025% |
|
|
|
1988 |
|
0.05% |
|
|
|
1989 |
|
0.075% |
|
|
|
1990 |
|
0.1% |
|
|
|
1991 |
|
0.125% |
|
|
|
1992 |
|
0.15% |
|
|
|
1993 |
|
0.175% |
|
|
|
1994 and thereafter |
|
0.2% |
|
|
(F) No reduction shall be made under this section in the rate
at which any tax is levied.
(G) The commissioner may order a county auditor to furnish
any information the commissioner needs to make the determinations
required under division (D) or (E) of this section, and the
auditor shall supply the information in the form and by the date
specified in the order. If the auditor fails to comply with an
order issued under this division, except for good cause as
determined by the commissioner, the commissioner shall withhold
from such county or taxing district therein fifty per cent of
state revenues to local governments pursuant to section 5747.50 of
the Revised Code or shall direct the department of education to
withhold therefrom fifty per cent of state revenues to school
districts pursuant to Chapters 3306. and Chapter 3317. of the
Revised Code. The commissioner shall withhold the distribution of
such revenues until the county auditor has complied with this
division, and the department shall withhold the distribution of
such revenues until the commissioner has notified the department
that the county auditor has complied with this division.
(H) If the commissioner is unable to certify a tax reduction
factor for either class of property in a taxing district located
in more than one county by the last day of November because
information required under division (G) of this section is
unavailable, the commissioner may compute and certify an estimated
tax reduction factor for that district for that class. The
estimated factor shall be based upon an estimate of the
unavailable information. Upon receipt of the actual information
for a taxing district that received an estimated tax reduction
factor, the commissioner shall compute the actual tax reduction
factor and use that factor to compute the taxes that should have
been charged and payable against each parcel of property for the
year for which the estimated reduction factor was used. The amount
by which the estimated factor resulted in an overpayment or
underpayment in taxes on any parcel shall be added to or
subtracted from the amount due on that parcel in the ensuing tax
year.
A percentage or a tax reduction factor determined or computed
by the commissioner under this section shall be used solely for
the purpose of reducing the sums to be levied by the tax to which
it applies for the year for which it was determined or computed.
It shall not be used in making any tax computations for any
ensuing tax year.
(I) In making the determinations under division (D)(1) of
this section, the tax commissioner shall take account of changes
in the taxable value of carryover property resulting from
complaints filed under section 5715.19 of the Revised Code for
determinations made for the tax year in which such changes are
reported to the commissioner. Such changes shall be reported to
the commissioner on the first abstract of real property filed with
the commissioner under section 5715.23 of the Revised Code
following the date on which the complaint is finally determined by
the board of revision or by a court or other authority with
jurisdiction on appeal. The tax commissioner shall account for
such changes in making the determinations only for the tax year in
which the change in valuation is reported. Such a valuation change
shall not be used to recompute the percentages determined under
division (D)(1) of this section for any prior tax year.
Sec. 323.78. Notwithstanding anything in Chapters 323.,
5721., and 5723. of the Revised Code, if the county treasurer of a
county in which a county land reutilization operates, in any
petition for foreclosure of abandoned lands, or for foreclosure as
a result of unpaid community development charges as described in
section 349.17 of the Revised Code, elects to invoke the
alternative redemption period, then upon any adjudication of
foreclosure by any court or the board of revision in any
proceeding under section 323.25, sections 323.65 to 323.79, or
section 5721.18 of the Revised Code, the following apply:
(A) Unless otherwise ordered by a motion of the court or
board of revision, the petition shall assert, and any notice of
final hearing shall include, that upon foreclosure of the parcel,
the equity of redemption in any parcel by its owner shall be
forever terminated after the expiration of the alternative
redemption period, that the parcel thereafter may be sold at
sheriff's sale either by itself or together with other parcels as
permitted by law; or that the parcel may, by order of the court or
board of revision, be transferred directly to a municipal
corporation, township, county, new community authority, school
district, or county land reutilization corporation without
appraisal and without a sale, free and clear of all impositions
and any other liens on the property, which shall be deemed forever
satisfied and discharged.
(B) After the expiration of the alternative redemption period
following an adjudication of foreclosure, by order of the court or
board of revision, any equity of redemption is forever
extinguished, and the parcel may be transferred individually or in
lots with other tax-foreclosed properties to a municipal
corporation, township, county, new community authority, school
district, or county land reutilization corporation without
appraisal and without a sale, upon which all impositions and any
other liens subordinate to liens for impositions due at the time
the deed to the property is conveyed to a purchaser or transferred
to a community development organization, county land reutilization
corporation, municipal corporation, county, new community
authority, township, or school district, shall be deemed satisfied
and discharged. Other than the order of the court or board of
revision so ordering the transfer of the parcel, no further act of
confirmation or other order shall be required for such a transfer,
or for the extinguishment of any right of redemption.
(C) Upon the expiration of the alternative redemption period
in cases to which the alternative redemption period has been
ordered, if no community development organization, county land
reutilization corporation, municipal corporation, county, new
community authority, township, or school district has requested
title to the parcel, the court or board of revision may order the
property sold as otherwise provided in Chapters 323. and 5721. of
the Revised Code, and, failing any bid at any such sale, the
parcel shall be forfeited to the state and otherwise disposed of
pursuant to Chapter 5723. of the Revised Code.
Sec. 340.02. As used in this section, "mental health
professional" means a person who is qualified to work with
mentally ill persons, pursuant to standards established by the
director of mental health under section 5119.611 of the Revised
Code.
For each alcohol, drug addiction, and mental health service
district, there shall be appointed a board of alcohol, drug
addiction, and mental health services of eighteen members. Nine
members shall be interested in mental health programs and
facilities and nine other members shall be interested in alcohol
or drug addiction programs. All members shall be residents of the
service district. The membership shall, as nearly as possible,
reflect the composition of the population of the service district
as to race and sex.
The director of mental health shall appoint four members of
the board, the director of alcohol and drug addiction services
shall appoint four members, and the board of county commissioners
shall appoint ten members. In a joint-county district, the county
commissioners of each participating county shall appoint members
in as nearly as possible the same proportion as that county's
population bears to the total population of the district, except
that at least one member shall be appointed from each
participating county.
The director of mental health shall ensure that at least one
member of the board is a psychiatrist and one member of the board
is a mental health professional. If the appointment of a
psychiatrist is not possible, as determined under rules adopted by
the director, a licensed physician may be appointed in place of
the psychiatrist. If the appointment of a licensed physician is
not possible, the director of mental health may waive the
requirement that the psychiatrist or licensed physician be a
resident of the service district and appoint a psychiatrist or
licensed physician from a contiguous county. The director of
mental health shall ensure that at least one member of the board
is a person who has received or is receiving mental health
services paid for by public funds and at least one member is a
parent or other relative of such a person.
The director of alcohol and drug addiction services shall
ensure that at least one member of the board is a professional in
the field of alcohol or drug addiction services and one member of
the board is an advocate for persons receiving treatment for
alcohol or drug addiction. Of the members appointed by the
director of alcohol and drug addiction services, at least one
shall be a person who has received or is receiving services for
alcohol or drug addiction, and at least one shall be a parent or
other relative of such a person.
No member or employee of a board of alcohol, drug addiction,
and mental health services shall serve as a member of the board of
any agency with which the board of alcohol, drug addiction, and
mental health services has entered into a contract for the
provision of services or facilities. No member of a board of
alcohol, drug addiction, and mental health services shall be an
employee of any agency with which the board has entered into a
contract for the provision of services or facilities. No person
shall be an employee of a board and such an agency unless the
board and agency both agree in writing.
No person shall serve as a member of the board of alcohol,
drug addiction, and mental health services whose spouse, child,
parent, brother, sister, grandchild, stepparent, stepchild,
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law serves as a
member of the board of any agency with which the board of alcohol,
drug addiction, and mental health services has entered into a
contract for the provision of services or facilities. No person
shall serve as a member or employee of the board whose spouse,
child, parent, brother, sister, stepparent, stepchild,
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law serves as a
county commissioner of a county or counties in the alcohol, drug
addiction, and mental health service district.
Each year each board member shall attend at least one
inservice training session provided or approved by the department
of mental health or the department of alcohol and drug addiction
services. Such training sessions shall not be considered to be
regularly scheduled meetings of the board.
Each member shall be appointed for a term of four years,
commencing the first day of July, except that one-third of initial
appointments to a newly established board, and to the extent
possible to expanded boards, shall be for terms of two years,
one-third of initial appointments shall be for terms of three
years, and one-third of initial appointments shall be for terms of
four years. No member shall serve more than two consecutive
four-year terms. A member may serve for three consecutive terms
only if one of the terms is for less than two years. A member who
has served two consecutive four-year terms or three consecutive
terms totaling less than ten years is eligible for reappointment
one year following the end of the second or third term,
respectively.
When a vacancy occurs, appointment for the expired or
unexpired term shall be made in the same manner as an original
appointment. The appointing authority shall be notified by
certified mail of any vacancy and shall fill the vacancy within
sixty days following that notice.
Any member of the board may be removed from office by the
appointing authority for neglect of duty, misconduct, or
malfeasance in office, and shall be removed by the appointing
authority if the member's spouse, child, parent, brother, sister,
stepparent, stepchild, stepbrother, stepsister, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or
sister-in-law serves as a county commissioner of a county or
counties in the service district or serves as a member or employee
of the board of an agency with which the board of alcohol, drug
addiction, and mental health services has entered a contract for
the provision of services or facilities. The member shall be
informed in writing of the charges and afforded an opportunity for
a hearing. Upon the absence of a member within one year from
either four board meetings or from two board meetings without
prior notice, the board shall notify the appointing authority,
which may vacate the appointment and appoint another person to
complete the member's term.
Members of the board shall serve without compensation, but
shall be reimbursed for actual and necessary expenses incurred in
the performance of their official duties, as defined by rules of
the departments of mental health and alcohol and drug addiction
services.
Sec. 340.03. (A) Subject to rules issued by the director of
mental health after consultation with relevant constituencies as
required by division (A)(11)(L) of section 5119.06 of the Revised
Code, with regard to mental health services, the board of alcohol,
drug addiction, and mental health services shall:
(1) Serve as the community mental health planning agency for
the county or counties under its jurisdiction, and in so doing it
shall:
(a) Evaluate the need for facilities and community mental
health services;
(b) In cooperation with other local and regional planning and
funding bodies and with relevant ethnic organizations, assess the
community mental health needs, set priorities, and develop plans
for the operation of facilities and community mental health
services;
(c) In accordance with guidelines issued by the director of
mental health after consultation with board representatives,
annually develop and submit to the department of mental health, no
later than six months prior to the conclusion of the fiscal year
in which the board's current plan is scheduled to expire, a
community mental health plan listing community mental health
needs, including the needs of all residents of the district now
residing in state mental institutions and severely mentally
disabled adults, children, and adolescents; all children subject
to a determination made pursuant to section 121.38 of the Revised
Code; and all the facilities and community mental health services
that are or will be in operation or provided during the period for
which the plan will be in operation in the service district to
meet such needs.
The plan shall include, but not be limited to, a statement of
which of the services listed in section 340.09 of the Revised Code
the board intends to make available. The board must include crisis
intervention services for individuals in an emergency situation in
the plan and explain how the board intends to make such services
available. The plan must also include an explanation of how the
board intends to make any payments that it may be required to pay
under section 5119.62 of the Revised Code, a statement of the
inpatient and community-based services the board proposes that the
department operate, an assessment of the number and types of
residential facilities needed, such other information as the
department requests, and a budget for moneys the board expects to
receive. The board shall also submit an allocation request for
state and federal funds. Within sixty days after the department's
determination that the plan and allocation request are complete,
the department shall approve or disapprove the plan and request,
in whole or in part, according to the criteria developed pursuant
to section 5119.61 of the Revised Code. The department's statement
of approval or disapproval shall specify the inpatient and the
community-based services that the department will operate for the
board. Eligibility for state and federal funding shall be
contingent upon an approved plan or relevant part of a plan.
If the director disapproves all or part of any plan, the
director shall inform the board of the reasons for the disapproval
and of the criteria that must be met before the plan may be
approved. The director shall provide the board an opportunity to
present its case on behalf of the plan. The director shall give
the board a reasonable time in which to meet the criteria, and
shall offer the board technical assistance to help it meet the
criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director may
request that the dispute be submitted to a mutually agreed upon
third-party mediator with the cost to be shared by the board and
the department. The mediator shall issue to the board and the
department recommendations for resolution of the dispute. Prior to
the conclusion of the fiscal year in which the current plan is
scheduled to expire, the director, taking into consideration the
recommendations of the mediator, shall make a final determination
and approve or disapprove the plan, in whole or in part.
If a board determines that it is necessary to amend a plan or
an allocation request that has been approved under division
(A)(1)(c) of this section, the board shall submit a proposed
amendment to the director. The director may approve or disapprove
all or part of the amendment. If the director does not approve all
or part of the amendment within thirty days after it is submitted,
the amendment or part of it shall be considered to have been
approved. The director shall inform the board of the reasons for
disapproval of all or part of an amendment and of the criteria
that must be met before the amendment may be approved. The
director shall provide the board an opportunity to present its
case on behalf of the amendment. The director shall give the board
a reasonable time in which to meet the criteria, and shall offer
the board technical assistance to help it meet the criteria.
The board shall implement the plan approved by the
department.
(d) Receive, compile, and transmit to the department of
mental health applications for state reimbursement;
(e) Promote, arrange, and implement working agreements with
social agencies, both public and private, and with judicial
agencies.
(2) Investigate, or request another agency to investigate,
any complaint alleging abuse or neglect of any person receiving
services from a community mental health agency as defined in
section 5122.01 of the Revised Code, or from a residential
facility licensed under section 5119.22 of the Revised Code. If
the investigation substantiates the charge of abuse or neglect,
the board shall take whatever action it determines is necessary to
correct the situation, including notification of the appropriate
authorities. Upon request, the board shall provide information
about such investigations to the department.
(3) For the purpose of section 5119.611 of the Revised Code,
cooperate with the director of mental health in visiting and
evaluating whether the services of a community mental health
agency satisfy the certification standards established by rules
adopted under that section;
(4) In accordance with criteria established under division
(G)(E) of section 5119.61 of the Revised Code, review and evaluate
the quality, effectiveness, and efficiency of services provided
through its community mental health plan and submit its findings
and recommendations to the department of mental health;
(5) In accordance with section 5119.22 of the Revised Code,
review applications for residential facility licenses and
recommend to the department of mental health approval or
disapproval of applications;
(6) Audit, in accordance with rules adopted by the auditor of
state pursuant to section 117.20 of the Revised Code, at least
annually all programs and services provided under contract with
the board. In so doing, the board may contract for or employ the
services of private auditors. A copy of the fiscal audit report
shall be provided to the director of mental health, the auditor of
state, and the county auditor of each county in the board's
district.
(7) Recruit and promote local financial support for mental
health programs from private and public sources;
(8)(a) Enter into contracts with public and private
facilities for the operation of facility services included in the
board's community mental health plan and enter into contracts with
public and private community mental health agencies for the
provision of community mental health services that are listed in
section 340.09 of the Revised Code and included in the board's
community mental health plan. The board may not contract with a
community mental health agency to provide community mental health
services included in the board's community mental health plan
unless the services are certified by the director of mental health
under section 5119.611 of the Revised Code. Section 307.86 of the
Revised Code does not apply to contracts entered into under this
division. In contracting with a community mental health agency, a
board shall consider the cost effectiveness of services provided
by that agency and the quality and continuity of care, and may
review cost elements, including salary costs, of the services to
be provided. A utilization review process shall be established as
part of the contract for services entered into between a board and
a community mental health agency. The board may establish this
process in a way that is most effective and efficient in meeting
local needs. In the case of Until July 1, 2012, a contract with a
community mental health agency or facility, as defined in section
5111.023 of the Revised Code, to provide services listed in
division (B) of that section, the contract shall provide for the
agency or facility to be paid in accordance with the contract
entered into between the departments of job and family services
and mental health under section 5111.91 of the Revised Code and
any rules adopted under division (A) of section 5119.61 of the
Revised Code.
If either the board or a facility or community mental health
agency with which the board contracts under division (A)(8)(a) of
this section proposes not to renew the contract or proposes
substantial changes in contract terms, the other party shall be
given written notice at least one hundred twenty days before the
expiration date of the contract. During the first sixty days of
this one hundred twenty-day period, both parties shall attempt to
resolve any dispute through good faith collaboration and
negotiation in order to continue to provide services to persons in
need. If the dispute has not been resolved sixty days before the
expiration date of the contract, either party may notify the
department of mental health of the unresolved dispute. The
director may require
request that both parties to submit the
dispute to a third party with the cost to be shared by the board
and the facility or community mental health agency. The third
party shall issue to the board, the and facility or agency, and
the department recommendations on how the dispute may be resolved
twenty days prior to the expiration date of the contract, unless
both parties agree to a time extension.
The director shall adopt
rules establishing the procedures of this dispute resolution
process.
(b) With the prior approval of the director of mental health,
a board may operate a facility or provide a community mental
health service as follows, if there is no other qualified private
or public facility or community mental health agency that is
immediately available and willing to operate such a facility or
provide the service:
(i) In an emergency situation, any board may operate a
facility or provide a community mental health service in order to
provide essential services for the duration of the emergency;
(ii) In a service district with a population of at least one
hundred thousand but less than five hundred thousand, a board may
operate a facility or provide a community mental health service
for no longer than one year;
(iii) In a service district with a population of less than
one hundred thousand, a board may operate a facility or provide a
community mental health service for no longer than one year,
except that such a board may operate a facility or provide a
community mental health service for more than one year with the
prior approval of the director and the prior approval of the board
of county commissioners, or of a majority of the boards of county
commissioners if the district is a joint-county district.
The director shall not give a board approval to operate a
facility or provide a community mental health service under
division (A)(8)(b)(ii) or (iii) of this section unless the
director determines that it is not feasible to have the department
operate the facility or provide the service.
The director shall not give a board approval to operate a
facility or provide a community mental health service under
division (A)(8)(b)(iii) of this section unless the director
determines that the board will provide greater administrative
efficiency and more or better services than would be available if
the board contracted with a private or public facility or
community mental health agency.
The director shall not give a board approval to operate a
facility previously operated by a person or other government
entity unless the board has established to the director's
satisfaction that the person or other government entity cannot
effectively operate the facility or that the person or other
government entity has requested the board to take over operation
of the facility. The director shall not give a board approval to
provide a community mental health service previously provided by a
community mental health agency unless the board has established to
the director's satisfaction that the agency cannot effectively
provide the service or that the agency has requested the board
take over providing the service.
The director shall review and evaluate a board's operation of
a facility and provision of community mental health service under
division (A)(8)(b) of this section.
Nothing in division (A)(8)(b) of this section authorizes a
board to administer or direct the daily operation of any facility
or community mental health agency, but a facility or agency may
contract with a board to receive administrative services or staff
direction from the board under the direction of the governing body
of the facility or agency.
(9) Approve fee schedules and related charges or adopt a unit
cost schedule or other methods of payment for contract services
provided by community mental health agencies in accordance with
guidelines issued by the department as necessary to comply with
state and federal laws pertaining to financial assistance;
(10) Submit to the director and the county commissioners of
the county or counties served by the board, and make available to
the public, an annual report of the programs under the
jurisdiction of the board, including a fiscal accounting;
(11) Establish, to the extent resources are available, a
community support system, which provides for treatment, support,
and rehabilitation services and opportunities. The essential
elements of the system include, but are not limited to, the
following components in accordance with section 5119.06 of the
Revised Code:
(a) To locate persons in need of mental health services to
inform them of available services and benefits mechanisms;
(b) Assistance for clients to obtain services necessary to
meet basic human needs for food, clothing, shelter, medical care,
personal safety, and income;
(c) Mental health care, including, but not limited to,
outpatient, partial hospitalization, and, where appropriate,
inpatient care;
(d) Emergency services and crisis intervention;
(e) Assistance for clients to obtain vocational services and
opportunities for jobs;
(f) The provision of services designed to develop social,
community, and personal living skills;
(g) Access to a wide range of housing and the provision of
residential treatment and support;
(h) Support, assistance, consultation, and education for
families, friends, consumers of mental health services, and
others;
(i) Recognition and encouragement of families, friends,
neighborhood networks, especially networks that include racial and
ethnic minorities, churches, community organizations, and
meaningful employment as natural supports for consumers of mental
health services;
(j) Grievance procedures and protection of the rights of
consumers of mental health services;
(k) Case management, which includes continual individualized
assistance and advocacy to ensure that needed services are offered
and procured.
(12) Designate the treatment program, agency, or facility for
each person involuntarily committed to the board pursuant to
Chapter 5122. of the Revised Code and authorize payment for such
treatment. The board shall provide the least restrictive and most
appropriate alternative that is available for any person
involuntarily committed to it and shall assure that the services
listed in section 340.09 of the Revised Code are available to
severely mentally disabled persons residing within its service
district. The board shall establish the procedure for authorizing
payment for services, which may include prior authorization in
appropriate circumstances. The board may provide for services
directly to a severely mentally disabled person when life or
safety is endangered and when no community mental health agency is
available to provide the service.
(13) Establish a method for evaluating referrals for
involuntary commitment and affidavits filed pursuant to section
5122.11 of the Revised Code in order to assist the probate
division of the court of common pleas in determining whether there
is probable cause that a respondent is subject to involuntary
hospitalization and what alternative treatment is available and
appropriate, if any;
(14) Ensure that apartments or rooms built, subsidized,
renovated, rented, owned, or leased by the board or a community
mental health agency have been approved as meeting minimum fire
safety standards and that persons residing in the rooms or
apartments are receiving appropriate and necessary services,
including culturally relevant services, from a community mental
health agency. This division does not apply to residential
facilities licensed pursuant to section 5119.22 of the Revised
Code.
(15) Establish a mechanism for involvement of consumer
recommendation and advice on matters pertaining to mental health
services in the alcohol, drug addiction, and mental health service
district;
(16) Perform the duties under section 3722.18 5119.88 of the
Revised Code required by rules adopted under section 5119.61 of
the Revised Code regarding referrals by the board or mental health
agencies under contract with the board of individuals with mental
illness or severe mental disability to adult care facilities and
effective arrangements for ongoing mental health services for the
individuals. The board is accountable in the manner specified in
the rules for ensuring that the ongoing mental health services are
effectively arranged for the individuals.
(B) The board shall establish such rules, operating
procedures, standards, and bylaws, and perform such other duties
as may be necessary or proper to carry out the purposes of this
chapter.
(C) A board of alcohol, drug addiction, and mental health
services may receive by gift, grant, devise, or bequest any
moneys, lands, or property for the benefit of the purposes for
which the board is established, and may hold and apply it
according to the terms of the gift, grant, or bequest. All money
received, including accrued interest, by gift, grant, or bequest
shall be deposited in the treasury of the county, the treasurer of
which is custodian of the alcohol, drug addiction, and mental
health services funds to the credit of the board and shall be
available for use by the board for purposes stated by the donor or
grantor.
(D) No board member or employee of a board of alcohol, drug
addiction, and mental health services shall be liable for injury
or damages caused by any action or inaction taken within the scope
of the board member's official duties or the employee's
employment, whether or not such action or inaction is expressly
authorized by this section, section 340.033, or any other section
of the Revised Code, unless such action or inaction constitutes
willful or wanton misconduct. Chapter 2744. of the Revised Code
applies to any action or inaction by a board member or employee of
a board taken within the scope of the board member's official
duties or employee's employment. For the purposes of this
division, the conduct of a board member or employee shall not be
considered willful or wanton misconduct if the board member or
employee acted in good faith and in a manner that the board member
or employee reasonably believed was in or was not opposed to the
best interests of the board and, with respect to any criminal
action or proceeding, had no reasonable cause to believe the
conduct was unlawful.
(E) The meetings held by any committee established by a board
of alcohol, drug addiction, and mental health services shall be
considered to be meetings of a public body subject to section
121.22 of the Revised Code.
Sec. 340.05. A community mental health agency that receives
a complaint under section 3722.17 5119.87 of the Revised Code
alleging abuse or neglect of an individual with mental illness or
severe mental disability who resides in an adult care facility
shall report the complaint to the board of alcohol, drug
addiction, and mental health services serving the alcohol, drug
addiction, and mental health service district in which the adult
care facility is located. A board of alcohol, drug addiction, and
mental health services that receives such a complaint or a report
from a community mental health agency of such a complaint shall
report the complaint to the director of mental health for the
purpose of the director conducting an investigation under section
3722.17 5119.87 of the Revised Code. The board may enter the adult
care facility with or without the director and, if the health and
safety of a resident is in immediate danger, take any necessary
action to protect the resident. The board's action shall not
violate any resident's rights under section
3722.12 5119.81 of the
Revised Code and rules adopted by the public health council
department of mental health under that chapter sections 5119.70 to
5119.88 of the Revised Code. The board shall immediately report to
the director regarding the board's actions under this section.
Sec. 340.091. Each board of alcohol, drug addiction, and
mental health services shall contract with a community mental
health agency under division (A)(8)(a) of section 340.03 of the
Revised Code for the agency to do all of the following in
accordance with rules adopted under section 5119.61 of the Revised
Code for an individual referred to the agency under division
(C)(2) of section 173.35 5119.69 of the Revised Code:
(A) Assess the individual to determine whether to recommend
that a PASSPORT residential state supplement administrative agency
designated under section 5119.69 of the Revised Code determine
that the environment in which the individual will be living while
receiving residential state supplement payments is appropriate for
the individual's needs and, if it determines the environment is
appropriate, issue the recommendation to the PASSPORT residential
state supplement administrative agency;
(B) Provide ongoing monitoring to ensure that services
provided under section 340.09 of the Revised Code are available to
the individual;
(C) Provide discharge planning to ensure the individual's
earliest possible transition to a less restrictive environment.
Sec. 340.11. (A) A board of alcohol, drug addiction, and
mental health services may procure a policy or policies of
insurance insuring board members or employees of the board or
agencies with which the board contracts against liability arising
from the performance of their official duties. If the liability
insurance is unavailable or the amount a board has procured or is
able to procure is insufficient to cover the amount of a claim,
the board may indemnify a board member or employee as follows:
(1)(A) For any action or inaction in his the capacity as a
of
board member or employee or at the request of the board, whether
or not the action or inaction is expressly authorized by this or
any other section of the Revised Code, if:
(a)(1) The board member or employee acted in good faith and
in a manner that he the board member or employee reasonably
believed was in or was not opposed to the best interests of the
board; and
(b)(2) With respect to any criminal action or proceeding, the
board member or employee had no reason to believe his the board
member's or employee's conduct was unlawful.
(2)(B) Against any expenses, including attorneys' fees, the
board member or employee actually and reasonably incurs as a
result of a suit or other proceeding involving the defense of any
action or inaction in his the capacity as a of board member or
employee or at the request of the board, or in defense of any
claim, issue, or matter raised in connection with the defense of
such an action or inaction, to the extent that the board member or
employee is successful on the merits or otherwise.
(B) The board may utilize up to that per cent of its budget
as approved by the department of mental health to purchase
insurance and to pool with funds of other boards of alcohol, drug
addiction, and mental health services, as provided in division (E)
of section 5119.62 of the Revised Code, to pay expenditures for
utilization of state hospital facilities that exceed the amount
allocated to the board under the formula developed under that
section.
Sec. 341.192. (A) As used in this section:
(1) "Jail" means a county jail, or a multicounty,
municipal-county, or multicounty-municipal correctional center.
(2) "Medical assistance program" has the same meaning as in
section 2913.40 of the Revised Code.
(2)(3) "Medical provider" means a physician, hospital,
laboratory, pharmacy, or other health care provider that is not
employed by or under contract to a county, municipal corporation,
township, the department of youth services, or the department of
rehabilitation and correction to provide medical services to
persons confined in the county a jail or
a state correctional
institution, or is in the custody of a law enforcement officer.
(3)(4) "Necessary care" means medical care of a nonelective
nature that cannot be postponed until after the period of
confinement of a person who is confined in a county jail or a
state correctional institution, or is in the custody of a law
enforcement officer without endangering the life or health of the
person.
(B) If a physician employed by or under contract to a county,
municipal corporation, township, the department of youth services,
or the department of rehabilitation and correction to provide
medical services to persons confined in the county a jail or state
correctional institution determines that a person who is confined
in the county jail or a state correctional institution or who is
in the custody of a law enforcement officer prior to the person's
confinement in
the county a jail or a state correctional
institution requires necessary care that the physician cannot
provide, the necessary care shall be provided by a medical
provider. The county, municipal corporation, township, the
department of youth services, or the department of rehabilitation
and correction shall pay a medical provider for necessary care an
amount not exceeding the authorized reimbursement rate for the
same service established by the department of job and family
services under the medical assistance program.
Sec. 341.35. The board of county commissioners of a county
with a county jail, workhouse, minimum security misdemeanant jail,
or other correctional facility may enter into a contract under
section 9.06 of the Revised Code for the private operation and
management of that facility, but only if the facility is used to
house only misdemeanant inmates.
Sec. 349.01. As used in this chapter:
(A) "New community" means a community or an addition to an
existing community planned pursuant to this chapter so that it
includes facilities for the conduct of industrial, commercial,
residential, cultural, educational, and recreational activities,
and designed in accordance with planning concepts for the
placement of utility, open space, and other supportive facilities.
In the case of a new community authority established on or
after the effective date of this amendment and before January 1,
2012, "new community" may mean a community or development of
property planned under this chapter in relation to an existing
community so that the community includes facilities for the
conduct of community activities, and is designed in accordance
with planning concepts for the placement of utility, open space,
and other supportive facilities for the community.
(B) "New community development program" means a program for
the development of a new community characterized by well-balanced
and diversified land use patterns and which includes land
acquisition and land development, the acquisition, construction,
operation, and maintenance of community facilities, and the
provision of services authorized in this chapter.
In the case of a new community authority established on or
after the effective date of this amendment and before January 1,
2012, a A new community development program may take into account
any existing community in relation to which a new community is
developed for purposes of being characterized by well-balanced and
diversified land use patterns.
(C) "New community district" means the area of land described
by the developer in the petition as set forth in division (A) of
section 349.03 of the Revised Code for development as a new
community and any lands added to the district by amendment of the
resolution establishing the community authority.
(D) "New community authority" means a body corporate and
politic in this state, established pursuant to section 349.03 of
the Revised Code and governed by a board of trustees as provided
in section 349.04 of the Revised Code.
(E) "Developer" means any person, organized for carrying out
a new community development program who owns or controls, through
leases of at least seventy-five forty years' duration, options, or
contracts to purchase, the land within a new community district,
or any municipal corporation, county, or port authority that owns
the land within a new community district, or has the ability to
acquire such land, either by voluntary acquisition or condemnation
in order to eliminate slum, blighted, and deteriorated or
deteriorating areas and to prevent the recurrence thereof. In the
case of a new community authority established on or after the
effective date of this amendment and before January 1, 2012,
"developer" may mean a person, municipal corporation, county, or
port authority that controls land within a new community district
through leases of at least forty years' duration.
(F) "Organizational board of commissioners" means, if the new
community district is located in only one county, the board of
county commissioners of such county; if located in more than one
county, a board consisting of the members of the board of county
commissioners of each of the counties in which the district is
located, provided that action of such board shall require a
majority vote of the members of each separate board of county
commissioners; or, if more than half of the new community district
is located within the boundaries of the most populous a municipal
corporation of a county, the legislative authority of the
municipal corporation.
(G) "Land acquisition" means the acquisition of real property
and interests in real property as part of a new community
development program.
(H) "Land development" means the process of clearing and
grading land, making, installing, or constructing water
distribution systems, sewers, sewage collection systems, steam,
gas, and electric lines, roads, streets, curbs, gutters,
sidewalks, storm drainage facilities, and other installations or
work, whether within or without the new community district, and
the construction of community facilities.
(I)(1) "Community facilities" means all real property,
buildings, structures, or other facilities, including related
fixtures, equipment, and furnishings, to be owned, operated,
financed, constructed, and maintained under this chapter,
including public, community, village, neighborhood, or town
buildings, centers and plazas, auditoriums, day care centers,
recreation halls, educational facilities, hospital facilities as
defined in section 140.01 of the Revised Code, recreational
facilities, natural resource facilities, including parks and other
open space land, lakes and streams, cultural facilities, community
streets, including off-street parking facilities, pathway and
bikeway systems, pedestrian underpasses and overpasses, lighting
facilities, design amenities, or other community facilities, and
buildings needed in connection with water supply or sewage
disposal installations or steam, gas, or electric lines or
installation.
(2) In the case of a new community authority established on
or after the effective date of this amendment and before January
1, 2012, "community facilities" may mean, in addition to the
facilities authorized in division (I)(1) of this section, any
other community facilities that are owned, operated, financed,
constructed, or maintained for, relating to, or in furtherance of
community activities, including, but not limited to, town
buildings or other facilities, and health care facilities
including, but limited to, hospital facilities, and off-street
parking facilities.
(J) "Cost" as applied to a new community development program
means all costs related to land acquisition and land development,
the acquisition, construction, maintenance, and operation of
community facilities and offices of the community authority, and
of providing furnishings and equipment therefor, financing charges
including interest prior to and during construction and for the
duration of the new community development program, planning
expenses, engineering expenses, administrative expenses including
working capital, and all other expenses necessary and incident to
the carrying forward of the new community development program.
(K) "Income source" means any and all sources of income to
the community authority, including community development charges
of which the new community authority is the beneficiary as
provided in section 349.07 of the Revised Code, rentals, user fees
and other charges received by the new community authority, any
gift or grant received, any moneys received from any funds
invested by or on behalf of the new community authority, and
proceeds from the sale or lease of land and community facilities.
(L) "Community development charge" means:
(1) A dollar amount which that shall be determined on the
basis of the assessed valuation of real property or interests in
real property in a new community district sold, leased, or
otherwise conveyed by the developer or the new community
authority, the income of the residents of such property subject to
such charge under section 349.07 of the Revised Code, if such
property is devoted to residential uses or to the profits of any
business, a uniform fee on each parcel of such real property
originally sold, leased, or otherwise conveyed by the developer or
new community authority, or any combination of the foregoing
bases.
(2) For a new community authority that is established on or
after the effective date of this amendment and before January 1,
2012, "community development charge" includes, in addition to the
charges authorized in division (L)(1) of this section, a A charge
determined on the basis of all or a part of the income of the
residents of real property within the new community district if
such property is devoted to residential uses, or all or a part of
the profits, gross receipts, retail sales or other revenues of any
business operating in the new community district.
If the charge is
based upon every retail sale made in the new community district,
the charge is not part of the price but is a collection for the
benefit of the new community authority levying the charge.
(3) As used in this division, "retail sale" has the same
meaning as in section 5739.01 of the Revised Code, and it excludes
sales described in division (B) of section 5739.02 of the Revised
Code.
(M) "Proximate city" means, as of the date of filing of the
petition under section 349.03 of the Revised Code, any municipal
corporation in which any portion of the proposed new community
district is located, or if more than one-half of the proposed new
community district is contained within a joint economic
development district under sections 715.70 to 715.83 of the
Revised Code, "proximate city" means the township containing the
greatest portion of such district. Otherwise, "proximate city"
means any city that, as of the date of filing of the petition
under section 349.03 of the Revised Code, is the city with the
greatest population located in the county in which the proposed
new community district is located, is the city with the greatest
population located in an adjoining county if any portion of such
city is within five miles of any part of the boundaries of such
district, or exercises extraterritorial subdivision authority
under section 711.09 of the Revised Code with respect to any part
of such district.
(N) "Community activities" means cultural, educational,
governmental, recreational, residential, industrial, commercial,
distribution and research activities, or any combination thereof
that includes residential activities.
Sec. 349.03. (A) Proceedings for the organization of a new
community authority shall be initiated by a petition filed by the
developer in the office of with the clerk of the organizational
board of county commissioners of one of the counties in which all
or part of for the proposed new community district is located.
Such petition shall be signed by the developer and may be signed
by each proximate city. The legislative authorities of each such
proximate city shall act in behalf of such proximate city. Such
petition shall contain:
(1) The name of the proposed new community authority;
(2) The address where the principal office of the authority
will be located or the manner in which the location will be
selected;
(3) A map and a full and accurate description of the
boundaries of the new community district together with a
description of the properties within such boundaries, if any,
which will not be included in the new community district. Unless
more than one-half of the proposed new community district is or
was contained within a joint economic development district under
sections 715.70 to 715.83 of the Revised Code or the district is
wholly contained within municipalities, the total acreage included
in such district shall not be less than one thousand acres, all of
which acreage shall be owned by, or under the control through
leases of at least seventy-five forty years' duration, options, or
contracts to purchase, of the developer, if the developer is a
private entity. Such acreage shall be developable as one
functionally interrelated community. In the case of a new
community authority established on or after the effective date of
this amendment and before January 1, 2012, such leases may be of
not less than forty years' duration, and the acreage may be
developable so that the community is one functionally interrelated
community.
(4) A statement setting forth the zoning regulations proposed
for zoning the area within the boundaries of the new community
district for comprehensive development as a new community, and if
the area has been zoned for such development, a certified copy of
the applicable zoning regulations therefor;
(5) A current plan indicating the proposed development
program for the new community district, the land acquisition and
land development activities, community facilities, services
proposed to be undertaken by the new community authority under
such program, the proposed method of financing such activities and
services, including a description of the bases, timing, and manner
of collecting any proposed community development charges, and the
projected total residential population of, and employment within,
the new community;
(6) A suggested number of members, consistent with section
349.04 of the Revised Code, for the board of trustees;
(7) A preliminary economic feasibility analysis, including
the area development pattern and demand, location and proposed new
community district size, present and future socio-economic
conditions, public services provision, financial plan, and the
developer's management capability;
(8) A statement that the development will comply with all
applicable environmental laws and regulations.
Upon the filing of such petition, the organizational board of
commissioners shall determine whether such petition complies with
the requirements of this section as to form and substance. The
board in subsequent proceedings may at any time permit the
petition to be amended in form and substance to conform to the
facts by correcting any errors in the description of the proposed
new community district or in any other particular.
Upon the determination of the organizational board of
commissioners that a sufficient petition has been filed in
accordance with this section, the board shall fix the time and
place of a hearing on the petition for the establishment of the
proposed new community authority. Such hearing shall be held not
less than ninety-five nor more than one hundred fifteen days after
the petition filing date, except that if the petition has been
signed by all proximate cities, such hearing shall be held not
less than thirty nor more than forty-five days after the petition
filing date. The clerk of the organizational board of county
commissioners with which the petition was filed shall give notice
thereof by publication once each week for three consecutive weeks
in a newspaper of general circulation in any county of which a
portion is within the proposed new community district. Such clerk
shall also give written notice of the date, time, and place of the
hearing and furnish a certified copy of the petition to the clerk
of the legislative authority of each proximate city which has not
signed such petition. In the event that the legislative authority
of a proximate city which did not sign the petition does not
approve disapproves by ordinance, resolution, or motion the
establishment of the proposed new community authority and does not
deliver delivers such ordinance, resolution, or motion to the
clerk of the organizational board of
county commissioners with
which the petition was filed within
ninety twenty-eight days
following the date of the first publication of the notice
delivered to the clerk of the public hearing legislative authority
of the proximate city, the organizational board of commissioners
shall cancel such public hearing and terminate the proceedings for
the establishment of the new community authority. Any disapproval
by the proximate city must be for good cause shown that the
proposed new community district will not be conducive to the
public health, safety, convenience, and welfare, and is not
intended to result in the development of a new community.
Upon the hearing, if the organizational board of
commissioners determines by resolution that the proposed new
community district will be conducive to the public health, safety,
convenience, and welfare, and is intended to result in the
development of a new community, and if at least twenty-eight days
have elapsed following the date of the notice delivered to the
clerk of the legislative authority of each proximate city that has
not signed the petition and no disapproval of a proximate city for
good cause shown has been received by the clerk of the
organizational board of commissioners, the board shall by its
resolution, entered of record in its journal and the journal of
the board of county commissioners with which the petition was
filed, declare the new community authority to be organized and a
body politic and corporate with the corporate name designated in
the resolution, and define the boundary of the new community
district. In addition, the resolution shall provide the method of
selecting the board of trustees of the new community authority and
fix the surety for their bonds in accordance with section 349.04
of the Revised Code.
If the organizational board of commissioners finds that the
establishment of the district will not be conducive to the public
health, safety, convenience, or welfare, or is not intended to
result in the development of a new community, or if the clerk of
the organizational board of commissioners has received a
disapproval for good cause shown from a proximate city, it shall
reject the petition thereby terminating the proceedings for the
establishment of the new community authority.
(B) At any time after the creation of a new community
authority, the developer may file an application with the clerk of
the organizational board of county commissioners of the county in
with which the original petition was filed, setting forth a
general description of territory it desires to add or to delete
from such district, that such change will be conducive to the
public health, safety, convenience, and welfare, and will be
consistent with the development of a new community and will not
jeopardize the plan of the new community. If the developer is not
a municipal corporation, port authority, or county, all of such an
addition to such a district shall be owned by, or under the
control through leases of at least seventy-five forty years'
duration, options, or contracts to purchase, of the developer. In
the case of a new community authority established on or after the
effective date of this amendment and before January 1, 2012, such
leases may be of not less than forty years' duration. Upon the
filing of the application, the organizational board of
commissioners shall follow the same procedure as required by this
section in relation to the petition for the establishment of the
proposed new community.
(C) If all or any part of the new community district is
annexed to one or more existing municipal corporations, their
legislative authorities may appoint persons to replace any
appointed citizen member of the board of trustees. The number of
such trustees to be replaced by the municipal corporation shall be
the number, rounded to the lowest integer, bearing the
proportionate relationship to the number of existing appointed
citizen members as the acreage of the new community district
within such municipal corporation bears to the total acreage of
the new community district. If any such municipal corporation
chooses to replace an appointed citizen member, it shall do so by
ordinance, the term of the trustee being replaced shall terminate
thirty days from the date of passage of such ordinance, and the
trustee to be replaced shall be determined by lot. Each newly
appointed member shall assume the term of the member's
predecessor.
Sec. 349.04. The following method of selecting a board of
trustees is deemed to be a compelling state interest. Within ten
days after the new community authority has been established, as
provided in section 349.03 of the Revised Code, an initial board
of trustees shall be appointed as follows;: the organizational
board of commissioners shall appoint by resolution at least three,
but not more than six, citizen members of the board of trustees to
represent the interests of present and future residents and
employers of the new community district and one member to serve as
a representative of local government, and the developer shall
appoint a number of members equal to the number of citizen members
to serve as representatives of the developer. In the case of a new
community authority established on or after the effective date of
this amendment and before January 1, 2012, the citizen members may
represent present and future employers within the new community
district and any present or future residents of the district.
Members shall serve two-year overlapping terms, with two of
each of the initial citizen and developer members appointed to
serve initial one year terms. The organizational board of
commissioners shall adopt, by further resolution adopted within
one year of such resolution establishing such initial board of
trustees
adopt, a method for selection of successor members
thereof which determines the projected total population of the
projected new community and meets the following criteria:
(A) The appointed citizen members shall be replaced by
elected citizen members according to a schedule established by the
organizational board of commissioners calculated to achieve one
such replacement each time the new community district gains a
proportion, having a numerator of one and a denominator of twice
the number of citizen members, of its projected total population
until such time as all of the appointed citizen members are
replaced.
(B) Representatives of the developer shall be replaced by
elected citizen members according to a schedule established by the
organizational board of commissioners calculated to achieve one
such replacement each time the new community district gains a
proportion, having a numerator of one and a denominator equal to
the number of developer members, of its projected total population
until such time as all of the developer's representatives are
replaced.
(C) The representative of local government shall be replaced
by an elected citizen member at the time the new community
district gains three-quarters of its projected total population.
Elected citizen members of the board of trustees shall be
elected by a majority of the residents of the new community
district voting at elections held on the first Tuesday after the
first Monday in December of each year. Each citizen member except
an appointed citizen member shall be a qualified elector who
resides within the new community district. In the case of a new
community authority established on or after the effective date of
this amendment and before January 1, 2012, The petition or the
organizational board of directors commissioners, by resolution,
may adopt an alternative method of selection or election of
successor members of the board of trustees. If the alternative
method provides for the election of citizen members, the elections
may be held at the times and in the manner provided in a the
petition or resolution of the organizational board of
commissioners, and the any elected citizen members shall be
qualified electors who resides reside in the new community
district.
Citizen members shall not be employees of or have financial
interest in the developer. If a vacancy occurs in the office of a
member other than a member appointed by the developer, the
organizational board of commissioners may appoint a successor
member for the remainder of the unexpired term. Any appointed
member of the board of trustees may at any time be removed by the
organizational board of commissioners for misfeasance,
nonfeasance, or malfeasance in office. Members appointed by the
developer may also at any time be removed by the developer without
a showing of cause.
Each member of the board of trustees, before entering upon
official duties, shall take and subscribe to an oath before an
officer authorized to administer oaths in Ohio that the member
will honestly and faithfully perform the duties of the member's
office. Such oath shall be filed in the office of the clerk of the
organizational board of county commissioners in which the petition
was filed. Upon taking the oath, the board of trustees shall elect
one of its number as chairperson and another as vice-chairperson,
and shall appoint suitable persons as secretary and treasurer who
need not be members of the board. The treasurer shall be the
fiscal officer of the authority. The board shall adopt by-laws
governing the administration of the affairs of the new community
authority. Each member of the board shall post a bond for the
faithful performance of official duties and give surety therefor
in such amount, but not less than ten thousand dollars, as the
resolution creating such board shall prescribe.
All of the powers of the new community authority shall be
exercised by its board of trustees, but without relief of such
responsibility, such powers may be delegated to committees of the
board or its officers and employees in accordance with its
by-laws. A majority of the board shall constitute a quorum, and a
concurrence of a majority of a quorum in any matter within the
board's duties is sufficient for its determination, provided a
quorum is present when such concurrence is had and a majority of
those members constituting such quorum are trustees not appointed
by the developer. All trustees shall be empowered to vote on all
matters within the authority of the board of trustees, and no vote
by a member appointed by the developer shall be construed to give
rise to civil or criminal liability for conflict of interest on
the part of public officials.
Sec. 349.06. In furtherance of the purposes of this chapter,
a new community authority may:
(A) Acquire by purchase, lease, gift, or otherwise, on such
terms and in such manner as it considers proper, real and personal
property or any estate, interest, or right therein, within or
without the new community district;
(B) Improve, maintain, sell, lease or otherwise dispose of
real and personal property and community facilities, on such terms
and in such manner as it considers proper;
(C) Landscape and otherwise aesthetically improve areas
within the new community district, including but not limited to
maintenance, landscaping and other community improvement services;
(D) Provide, engage in, or otherwise sponsor recreational,
educational, health, social, vocational, cultural, beautification,
and amusement activities and related services primarily for
residents of the district. In the case of a new community
authority established on or after the effective date of this
amendment and before January 1, 2012, such activities and services
may be for residents of, visitors to, employees working within, or
employers operating businesses in the district, or any combination
thereof.
(E) Fix, alter, impose, collect and receive service and user
fees, rentals, and other charges to cover all costs in carrying
out the new community development program;
(F) Adopt, modify, and enforce reasonable rules and
regulations governing the use of community facilities;
(G) Employ such managers, administrative officers, agents,
engineers, architects, attorneys, contractors, sub-contractors,
and employees as may be appropriate in the exercise of the rights,
powers and duties conferred upon it, prescribe the duties and
compensation for such persons, require bonds to be given by any
such persons and by officers of the authority for the faithful
performance of their duties, and fix the amount and surety
therefor; and pay the same;
(H) Sue and be sued in its corporate name;
(I) Make and enter into all contracts and agreements and
execute all instruments relating to a new community development
program, including contracts with the developer and other persons
or entities related thereto for land acquisition and land
development; acquisition, construction, and maintenance of
community facilities; the provision of community services and
management and coordinating services; with federal, state,
interstate, regional, and local agencies and political
subdivisions or combinations thereof in connection with the
financing of such program, and with any municipal corporation or
other public body, or combination thereof, providing for the
acquisition, construction, improvement, extension, maintenance or
operation of joint lands or facilities or for the provision of any
services or activities relating to and in furtherance of a new
community development program, including the creation of or
participation in a regional transit authority created pursuant to
the Revised Code;
(J) Apply for and accept grants, loans or commitments of
guarantee or insurance including any guarantees of community
authority bonds and notes, from the United States, the state, or
other public body or other sources, and provide any consideration
which may be required in order to obtain such grants, loans or
contracts of guarantee or insurance. Such loans or contracts of
guarantee or insurance may be evidenced by the issuance of bonds
as provided in section 349.08 of the Revised Code;
(K) Procure insurance against loss to it by reason of damage
to its properties resulting from fire, theft, accident, or other
casualties, or by reason of its liability for any damages to
persons or property occurring in the construction or operation of
facilities or areas under its jurisdiction or the conduct of its
activities;
(L) Maintain such funds or reserves as it considers necessary
for the efficient performance of its duties;
(M) Enter agreements with the boards of education of any
school districts in which all or part of the new community
district lies, whereby the community authority may acquire
property for, may construct and equip, and may sell, lease,
dedicate, with or without consideration, or otherwise transfer
lands, schools, classrooms, or other facilities, whether or not
within the new community district, from the authority to the
school district for school and related purposes;
(N) Prepare plans for acquisition and development of lands
and facilities, and enter into agreements with city, county, or
regional planning commissions to perform or obtain all or any part
of planning services for the new community district;
(O) Engage in planning for the new community district, which
may be predominantly residential and open space, and prepare or
approve a development plan or plans therefor, and engage in land
acquisitions and land development in accordance with such plan or
plans;
(P) Issue new community authority bonds and notes and
community authority refunding bonds, payable solely from the
income source provided in section 349.08 of the Revised Code,
unless the bonds are refunded by refunding bonds, for the purpose
of paying any part of the cost as applied to the new community
development program or parts thereof;
(Q) Enforce any covenants running with the land of which the
new community authority is the beneficiary, including but not
limited to the collection by any and all appropriate means of any
community development charge deemed to be a covenant running with
the land and enforceable by the new community authority pursuant
to section 349.07 of the Revised Code; and to waive, reduce, or
terminate any community development charge of which it is the
beneficiary to the extent not needed for any of the purposes
provided in section 349.07 of the Revised Code, the procedure for
which shall be provided in such covenants, and if new community
authority bonds have been issued pledging any such community
development charge, to the extent not prohibited in the resolution
authorizing the issuance of such new community authority bonds or
the trust agreement or indenture of mortgage securing the bonds;
(R) Appropriate for its use, under sections 163.01 to 163.22
of the Revised Code, any land, easement, rights, rights-of-way,
franchises, or other property in the new community district
required by the authority for community facilities. The authority
may not so appropriate any land, easement, rights, rights-of-way,
franchises, or other property that is not included in the new
community district.
(S) In the case of a new community authority established on
or after the effective date of this amendment and before January
1, 2012, enter Enter into any agreements as may be necessary,
appropriate, or useful to support a new community development
program, including, but not limited to, cooperative agreements or
other agreements with political subdivisions for services,
materials, or products; for the administration, calculation, or
collection of community development charges; or for sharing of
revenue derived from community development charges, community
facilities, or other sources. The agreements may be made with or
without consideration as the parties determine.
Sec. 349.07. (A) Notwithstanding any other rule of law, any
covenant or agreement in deeds, land contracts, leases and any
other instruments or conveyance by which real estate or any
interest in real estate is conveyed by or to the developer or by
the new community authority to any person or entity, including the
developer, whereby such person or entity agrees, by acceptance of
any such instrument of conveyance containing said covenant of
agreement, to pay annually or semiannually a community development
charge for the benefit and use of the new community authority to
cover all or part of the cost of the acquisition, construction,
operation and maintenance of land, land development and community
facilities, the debt service thereof and any other cost incurred
by the authority in the exercise of the powers granted by Chapter
349. of the Revised Code shall be deemed to be a covenant running
with the land and shall, in any event and without regard to
technical classification, after such instrument has been duly
recorded in the land records of the county, be fully binding on
behalf of and enforceable by the new community authority against
each such person or entity and all successors and assigns of the
property conveyed by such instrument of conveyance.
(B) No purchase agreement for any real estate or interest in
real estate upon which a community development charge exists by
reason of a covenant running with the land shall be enforceable by
the seller or binding upon the purchaser unless such purchase
agreement specifically refers to such community development charge
and identifies the volume and page number of the deed records of
the county in which the covenant running with the land
establishing such community development charge is recorded,
provided that in the event a conveyance of such real estate or
interest in real estate is made pursuant to a purchase agreement
which does not make such reference and identification, the
covenant shall continue to be deemed to be a covenant running with
the land fully binding on behalf of and enforceable by the
community authority against such person or entity accepting the
conveyance pursuant to such purchase agreement.
(C) A vendor shall not include a community development charge
based on business revenues or retail sales, either directly or
indirectly, as part of the price of a good or service. A vendor
may collect a separate charge, in addition to the price of a good
or service, based on business revenues or retail sales, and if so
collected, the charge may be remitted to the new community
authority and shall be a credit against any community development
charge imposed on a property. The price of a good or service may
be used as a basis to calculate the community development charge
payable by a vendor to the new community authority.
(D) When any community development charge is not paid when
due, in addition to any other remedies the new community authority
shall have with respect to collection of such charges, the new
community authority may certify the charge to the county auditor,
who shall enter the unpaid charge on the tax list and duplicates
of real property opposite the parcel against which it is charged,
and certify the charge to the county treasurer. An unpaid
community development charge is a lien on property against which
it is charged from the date the charge is entered on the tax list,
and shall be collected in the manner provided for the collection
of real property taxes. Once the charge is collected, it shall be
paid immediately to the new community district.
(E) No community development charge established pursuant to
this chapter shall be construed as prohibiting or limiting the
taxing power of municipal corporations.
(F) As used in this section, "retail sale" has the same
meaning as in section 5739.01 of the Revised Code.
Sec. 349.09. The issuance of new community authority bonds
and notes or new community authority refunding bonds under this
chapter need not comply with any other law applicable to the
issuance of bonds or notes; however, sections 9.98 and 9.981 to
9.983 and division (A) of section 133.03 of the Revised Code apply
to such bonds and notes.
Sec. 349.14. Except as provided in section 349.03 of the
Revised Code, or as otherwise provided in a resolution adopted by
the organizational board of commissioners, of a new community
authority established on or after the effective date of this
amendment and before January 1, 2012, a new community authority
organized under this chapter may be dissolved only on the vote of
a majority of the voters of the new community district at a
special election called by the board of trustees on the question
of dissolution. Such an election may be called only after the
board has determined that the new community development program
has been completed, when no community authority bonds or notes are
outstanding, and other legal indebtedness of the authority has
been discharged or provided for, and only after there has been
filed with the board of trustees a petition requesting such
election, signed by a number of qualified electors residing in the
new community district equal to not less than eight per cent of
the total vote cast for all candidates for governor in the new
community district at the most recent general election at which a
governor was elected. If a majority of the votes cast favor
dissolution, the board of trustees shall, by resolution, declare
the authority dissolved and thereupon the community authority
shall be dissolved. A certified copy of the resolution shall,
within fifteen days after its adoption, be filed with the clerk of
the organizational board of county commissioners of the county in
with which the petition for the organization of the new community
authority was filed.
Upon dissolution of a new community authority, the powers
thereof shall cease to exist. Any property of the new community
authority which that is located within the corporate limits of a
municipality shall vest in that municipal corporation and all
other property of the community authority shall vest in the county
or township in which said property is located, as provided in the
resolution or petition providing for dissolution. Any vesting of
property in a township shall be subject to acceptance of the
property by resolution of the board of township trustees. Any
funds of the community authority at the time of dissolution shall
be transferred to the municipal corporation and county or
township, as provided in the resolution or petition providing for
dissolution, in which the new community district is located in the
proportion to the assessed valuation of taxable real property of
the new community authority within such municipal corporation and
county or township as said valuation appears on the current
assessment rolls.
Sec. 349.17. (A) Any county, notwithstanding any other
provision of law, may enter into an agreement with a new community
authority within its boundaries for the purpose of designating the
new community authority to act on behalf of the county in
exercising the powers and performing the duties described in
Chapter 5721. of the Revised Code with respect to delinquent
property within the boundaries of the new community authority and
the county, in the case that all or a portion of the community
development charges related to the property are not paid when due.
(B) An agreement as described in division (A) of this section
may permit a new community authority to, on behalf of the county,
elect that the alternative redemption period following an
adjudication of foreclosure as set forth in section 323.78 of the
Revised Code apply to foreclosures of property within the new
community district as a result of nonpayment of community
development charges, taxes, or other charges.
(C) The powers extended to a community authority in this
section shall not be construed as a limitation on the powers
granted to a community authority under Chapter 349. of the Revised
Code, but shall be construed as additional powers.
Sec. 505.101. The board of township trustees of any township
may, by resolution, enter into a contract, without advertising or
bidding, for the purchase or sale of materials, equipment, or
supplies from or to any department, agency, or political
subdivision of the state, for the purchase of services with a soil
and water conservation district established under Chapter 1515. of
the Revised Code, or for the purchase of supplies, services,
materials, and equipment with a regional planning commission
pursuant to division (D) of section 713.23 of the Revised Code, or
for the purchase of services from an educational service center
under section 3313.846 of the Revised Code. The resolution shall:
(A) Set forth the maximum amount to be paid as the purchase
price for the materials, equipment, supplies, or services;
(B) Describe the type of materials, equipment, supplies, or
services that are to be purchased;
(C) Appropriate sufficient funds to pay the purchase price
for the materials, equipment, supplies, or services, except that
no such appropriation is necessary if funds have been previously
appropriated for the purpose and remain unencumbered at the time
the resolution is adopted.
Sec. 507.09. (A) Except as otherwise provided in division
(D) of this section, the township fiscal officer shall be entitled
to compensation as follows:
(1) In townships having a budget of fifty thousand dollars or
less, three thousand five hundred dollars;
(2) In townships having a budget of more than fifty thousand
but not more than one hundred thousand dollars, five thousand five
hundred dollars;
(3) In townships having a budget of more than one hundred
thousand but not more than two hundred fifty thousand dollars,
seven thousand seven hundred dollars;
(4) In townships having a budget of more than two hundred
fifty thousand but not more than five hundred thousand dollars,
nine thousand nine hundred dollars;
(5) In townships having a budget of more than five hundred
thousand but not more than seven hundred fifty thousand dollars,
eleven thousand dollars;
(6) In townships having a budget of more than seven hundred
fifty thousand but not more than one million five hundred thousand
dollars, thirteen thousand two hundred dollars;
(7) In townships having a budget of more than one million
five hundred thousand but not more than three million five hundred
thousand dollars, fifteen thousand four hundred dollars;
(8) In townships having a budget of more than three million
five hundred thousand dollars but not more than six million
dollars, sixteen thousand five hundred dollars;
(9) In townships having a budget of more than six million
dollars, seventeen thousand six hundred dollars.
(B) Any township fiscal officer may elect to receive less
than the compensation the fiscal officer is entitled to under
division (A) of this section. Any township fiscal officer electing
to do this shall so notify the board of township trustees in
writing, and the board shall include this notice in the minutes of
its next board meeting.
(C) The compensation of the township fiscal officer shall be
paid in equal monthly payments. If the office of township fiscal
officer is held by more than one person during any calendar year,
each person holding the office shall receive payments for only
those months, and any fractions of those months, during which the
person holds the office.
The board of township trustees may establish, by resolution,
a method of compensating the township fiscal officer from the
township general fund or from other township funds based on the
proportion of time the township fiscal officer spends providing
services related to each fund. If the board adopts such a
resolution, the board shall require the township fiscal officer to
document and to notify the board periodically of the amount of
time the township fiscal officer spends providing services related
to each fund.
(D) Beginning in calendar year 1999, the township fiscal
officer shall be entitled to compensation as follows:
(1) In calendar year 1999, the compensation specified in
division (A) of this section increased by three per cent;
(2) In calendar year 2000, the compensation determined under
division (D)(1) of this section increased by three per cent;
(3) In calendar year 2001, the compensation determined under
division (D)(2) of this section increased by three per cent;
(4) In calendar year 2002, except in townships having a
budget of more than six million dollars, the compensation
determined under division (D)(3) of this section increased by
three per cent; in townships having a budget of more than six
million but not more than ten million dollars, nineteen thousand
eight hundred ten dollars; and in townships having a budget of
more than ten million dollars, twenty thousand nine hundred
dollars;
(5) In calendar year 2003, the compensation determined under
division (D)(4) of this section increased by three per cent or the
percentage increase in the consumer price index as described in
division (D)(7)(b) of this section, whichever percentage is lower;
(6) In calendar year 2004, except in townships having a
budget of more than six million dollars, the compensation
determined under division (D)(5) of this section for the calendar
year 2003 increased by three per cent or the percentage increase
in the consumer price index as described in division (D)(7)(b) of
this section, whichever percentage is lower; in townships having a
budget of more than six million but not more than ten million
dollars, twenty-two thousand eighty-seven dollars; and in
townships having a budget of more than ten million dollars,
twenty-five thousand five hundred fifty-three dollars;
(7) In calendar years 2005 through 2008, the compensation
determined under division (D) of this section for the immediately
preceding calendar year increased by the lesser of the following:
(b) The percentage increase, if any, in the consumer price
index over the twelve-month period that ends on the thirtieth day
of September of the immediately preceding calendar year, rounded
to the nearest one-tenth of one per cent;
(8) In calendar year 2009 and thereafter, the amount
determined under division (D) of this section for calendar year
2008.
As used in this division, "consumer price index" has the same
meaning as in section 325.18 of the Revised Code.
Sec. 705.16. (A) All ordinances or resolutions shall be in
effect after thirty days from the date of their passage, except as
provided in section 705.75 of the Revised Code.
(B) Notwithstanding any conflicting provision of section 7.12
of the Revised Code, each ordinance and resolution of a general
nature, or providing for public improvements, or assessing
property, or a succinct summary of each such ordinance or
resolution, shall, upon passage of the ordinance or resolution, be
promptly published one time in not more than two newspapers of
general circulation in the municipal corporation. Such publication
shall be made in the body type of the paper under headlines in
eighteen point type, which headlines shall specify the nature of
such legislation. If a summary of an ordinance or resolution is
published, the publication shall contain notice that the complete
text of each such ordinance or resolution may be obtained or
viewed at the office of the clerk of the legislative authority of
the municipal corporation and may be viewed at any other location
designated by the legislative authority of the municipal
corporation. The city director of law, village solicitor, or other
chief legal officer of the municipal corporation shall review any
summary of an ordinance or resolution published under this section
prior to forwarding it to the clerk for publication, to ensure
that the summary is legally accurate and sufficient.
(C) Upon publication of a summary of an ordinance or
resolution in accordance with this section, the clerk of the
legislative authority shall supply a copy of the complete text of
each such ordinance or resolution to any person, upon request, and
may charge a reasonable fee, set by the legislative authority, for
each copy supplied. The clerk shall post a copy of the text at his
the clerk's office and at every other location designated by the
legislative authority.
(D) No newspaper shall be paid a higher price for the
publication of ordinances than its maximum bona fide commercial
government rate established under section 7.10 of the Revised
Code.
Sec. 718.01. (A) As used in this chapter:
(1) "Adjusted federal taxable income" means a C corporation's
federal taxable income before net operating losses and special
deductions as determined under the Internal Revenue Code, adjusted
as follows:
(a) Deduct intangible income to the extent included in
federal taxable income. The deduction shall be allowed regardless
of whether the intangible income relates to assets used in a trade
or business or assets held for the production of income.
(b) Add an amount equal to five per cent of intangible income
deducted under division (A)(1)(a) of this section, but excluding
that portion of intangible income directly related to the sale,
exchange, or other disposition of property described in section
1221 of the Internal Revenue Code;
(c) Add any losses allowed as a deduction in the computation
of federal taxable income if the losses directly relate to the
sale, exchange, or other disposition of an asset described in
section 1221 or 1231 of the Internal Revenue Code;
(d)(i) Except as provided in division (A)(1)(d)(ii) of this
section, deduct income and gain included in federal taxable income
to the extent the income and gain directly relate to the sale,
exchange, or other disposition of an asset described in section
1221 or 1231 of the Internal Revenue Code;
(ii) Division (A)(1)(d)(i) of this section does not apply to
the extent the income or gain is income or gain described in
section 1245 or 1250 of the Internal Revenue Code.
(e) Add taxes on or measured by net income allowed as a
deduction in the computation of federal taxable income;
(f) In the case of a real estate investment trust and
regulated investment company, add all amounts with respect to
dividends to, distributions to, or amounts set aside for or
credited to the benefit of investors and allowed as a deduction in
the computation of federal taxable income;
(g) If Deduct, to the extent not otherwise deducted or
excluded in computing federal taxable income, any income derived
from providing public services under a contract through a project
owned by the state, as described in section 126.604 of the Revised
Code or derived from a contract entered into under section 9.06 of
the Revised Code and described in division (J) of that section, or
derived from a transfer agreement or from the enterprise
transferred under that agreement under section 4313.02 of the
Revised Code.
If the taxpayer is not a C corporation and is not an
individual, the taxpayer shall compute adjusted federal taxable
income as if the taxpayer were a C corporation, except: guaranteed
(i) Guaranteed payments and other similar amounts paid or
accrued to a partner, former partner, member, or former member
shall not be allowed as a deductible expense; and amounts
(ii) Amounts paid or accrued to a qualified self-employed
retirement plan with respect to an owner or owner-employee of the
taxpayer, amounts paid or accrued to or for health insurance for
an owner or owner-employee, and amounts paid or accrued to or for
life insurance for an owner or owner-employee shall not be allowed
as a deduction.
Nothing in division (A)(1) of this section shall be construed
as allowing the taxpayer to add or deduct any amount more than
once or shall be construed as allowing any taxpayer to deduct any
amount paid to or accrued for purposes of federal self-employment
tax.
Nothing in this chapter shall be construed as limiting or
removing the ability of any municipal corporation to administer,
audit, and enforce the provisions of its municipal income tax.
(2) "Internal Revenue Code" means the Internal Revenue Code
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.
(3) "Schedule C" means internal revenue service schedule C
filed by a taxpayer pursuant to the Internal Revenue Code.
(4) "Form 2106" means internal revenue service form 2106
filed by a taxpayer pursuant to the Internal Revenue Code.
(5) "Intangible income" means income of any of the following
types: income yield, interest, capital gains, dividends, or other
income arising from the ownership, sale, exchange, or other
disposition of intangible property including, but not limited to,
investments, deposits, money, or credits as those terms are
defined in Chapter 5701. of the Revised Code, and patents,
copyrights, trademarks, tradenames, investments in real estate
investment trusts, investments in regulated investment companies,
and appreciation on deferred compensation. "Intangible income"
does not include prizes, awards, or other income associated with
any lottery winnings or other similar games of chance.
(6) "S corporation" means a corporation that has made an
election under subchapter S of Chapter 1 of Subtitle A of the
Internal Revenue Code for its taxable year.
(7) For taxable years beginning on or after January 1, 2004,
"net profit" for a taxpayer other than an individual means
adjusted federal taxable income and "net profit" for a taxpayer
who is an individual means the individual's profit required to be
reported on schedule C, schedule E, or schedule F, other than any
amount allowed as a deduction under division (E)(2) or (3) of this
section or amounts described in division (H) of this section.
(8) "Taxpayer" means a person subject to a tax on income
levied by a municipal corporation. Except as provided in division
(L) of this section, "taxpayer" does not include any person that
is a disregarded entity or a qualifying subchapter S subsidiary
for federal income tax purposes, but "taxpayer" includes any other
person who owns the disregarded entity or qualifying subchapter S
subsidiary.
(9) "Taxable year" means the corresponding tax reporting
period as prescribed for the taxpayer under the Internal Revenue
Code.
(10) "Tax administrator" means the individual charged with
direct responsibility for administration of a tax on income levied
by a municipal corporation and includes:
(a) The central collection agency and the regional income tax
agency and their successors in interest, and other entities
organized to perform functions similar to those performed by the
central collection agency and the regional income tax agency;
(b) A municipal corporation acting as the agent of another
municipal corporation; and
(c) Persons retained by a municipal corporation to administer
a tax levied by the municipal corporation, but only if the
municipal corporation does not compensate the person in whole or
in part on a contingency basis.
(11) "Person" includes individuals, firms, companies,
business trusts, estates, trusts, partnerships, limited liability
companies, associations, corporations, governmental entities, and
any other entity.
(12) "Schedule E" means internal revenue service schedule E
filed by a taxpayer pursuant to the Internal Revenue Code.
(13) "Schedule F" means internal revenue service schedule F
filed by a taxpayer pursuant to the Internal Revenue Code.
(B) No municipal corporation shall tax income at other than a
uniform rate.
(C) No municipal corporation shall levy a tax on income at a
rate in excess of one per cent without having obtained the
approval of the excess by a majority of the electors of the
municipality voting on the question at a general, primary, or
special election. The legislative authority of the municipal
corporation shall file with the board of elections at least ninety
days before the day of the election a copy of the ordinance
together with a resolution specifying the date the election is to
be held and directing the board of elections to conduct the
election. The ballot shall be in the following form: "Shall the
Ordinance providing for a ... per cent levy on income for (Brief
description of the purpose of the proposed levy) be passed?
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FOR THE INCOME TAX |
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AGAINST THE INCOME TAX |
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In the event of an affirmative vote, the proceeds of the levy
may be used only for the specified purpose.
(D)(1) Except as otherwise provided in this section, no
municipal corporation shall exempt from a tax on income
compensation for personal services of individuals over eighteen
years of age or the net profit from a business or profession.
(2)(a) For taxable years beginning on or after January 1,
2004, no municipal corporation shall tax the net profit from a
business or profession using any base other than the taxpayer's
adjusted federal taxable income.
(b) Division (D)(2)(a) of this section does not apply to any
taxpayer required to file a return under section 5745.03 of the
Revised Code or to the net profit from a sole proprietorship.
(E)(1) The legislative authority of a municipal corporation
may, by ordinance or resolution, exempt from withholding and from
a tax on income the following:
(a) Compensation arising from the sale, exchange, or other
disposition of a stock option, the exercise of a stock option, or
the sale, exchange, or other disposition of stock purchased under
a stock option; or
(b) Compensation attributable to a nonqualified deferred
compensation plan or program described in section 3121(v)(2)(C) of
the Internal Revenue Code.
(2) The legislative authority of a municipal corporation may
adopt an ordinance or resolution that allows a taxpayer who is an
individual to deduct, in computing the taxpayer's municipal income
tax liability, an amount equal to the aggregate amount the
taxpayer paid in cash during the taxable year to a health savings
account of the taxpayer, to the extent the taxpayer is entitled to
deduct that amount on internal revenue service form 1040.
(3) The legislative authority of a municipal corporation may
adopt an ordinance or resolution that allows a taxpayer who has a
net profit from a business or profession that is operated as a
sole proprietorship to deduct from that net profit the amount that
the taxpayer paid during the taxable year for medical care
insurance premiums for the taxpayer, the taxpayer's spouse, and
dependents as defined in section 5747.01 of the Revised Code. The
deduction shall be allowed to the same extent the taxpayer is
entitled to deduct the premiums on internal revenue service form
1040. The deduction allowed under this division shall be net of
any related premium refunds, related premium reimbursements, or
related insurance premium dividends received by the taxpayer
during the taxable year.
(F) If an individual's taxable income includes income against
which the taxpayer has taken a deduction for federal income tax
purposes as reportable on the taxpayer's form 2106, and against
which a like deduction has not been allowed by the municipal
corporation, the municipal corporation shall deduct from the
taxpayer's taxable income an amount equal to the deduction shown
on such form allowable against such income, to the extent not
otherwise so allowed as a deduction by the municipal corporation.
(G)(1) In the case of a taxpayer who has a net profit from a
business or profession that is operated as a sole proprietorship,
no municipal corporation may tax or use as the base for
determining the amount of the net profit that shall be considered
as having a taxable situs in the municipal corporation, an amount
other than the net profit required to be reported by the taxpayer
on schedule C or F from such sole proprietorship for the taxable
year.
(2) In the case of a taxpayer who has a net profit from
rental activity required to be reported on schedule E, no
municipal corporation may tax or use as the base for determining
the amount of the net profit that shall be considered as having a
taxable situs in the municipal corporation, an amount other than
the net profit from rental activities required to be reported by
the taxpayer on schedule E for the taxable year.
(H) A municipal corporation shall not tax any of the
following:
(1) The military pay or allowances of members of the armed
forces of the United States and of members of their reserve
components, including the Ohio national guard;
(2) The income of religious, fraternal, charitable,
scientific, literary, or educational institutions to the extent
that such income is derived from tax-exempt real estate,
tax-exempt tangible or intangible property, or tax-exempt
activities;
(3) Except as otherwise provided in division (I) of this
section, intangible income;
(4) Compensation paid under section 3501.28 or 3501.36 of the
Revised Code to a person serving as a precinct election official,
to the extent that such compensation does not exceed one thousand
dollars annually. Such compensation in excess of one thousand
dollars may be subjected to taxation by a municipal corporation. A
municipal corporation shall not require the payer of such
compensation to withhold any tax from that compensation.
(5) Compensation paid to an employee of a transit authority,
regional transit authority, or regional transit commission created
under Chapter 306. of the Revised Code for operating a transit bus
or other motor vehicle for the authority or commission in or
through the municipal corporation, unless the bus or vehicle is
operated on a regularly scheduled route, the operator is subject
to such a tax by reason of residence or domicile in the municipal
corporation, or the headquarters of the authority or commission is
located within the municipal corporation;
(6) The income of a public utility, when that public utility
is subject to the tax levied under section 5727.24 or 5727.30 of
the Revised Code, except a municipal corporation may tax the
following, subject to Chapter 5745. of the Revised Code:
(a) Beginning January 1, 2002, the income of an electric
company or combined company;
(b) Beginning January 1, 2004, the income of a telephone
company.
As used in division (H)(6) of this section, "combined
company," "electric company," and "telephone company" have the
same meanings as in section 5727.01 of the Revised Code.
(7) On and after January 1, 2003, items excluded from federal
gross income pursuant to section 107 of the Internal Revenue Code;
(8) On and after January 1, 2001, compensation paid to a
nonresident individual to the extent prohibited under section
718.011 of the Revised Code;
(9)(a) Except as provided in division (H)(9)(b) and (c) of
this section, an S corporation shareholder's distributive share of
net profits of the S corporation, other than any part of the
distributive share of net profits that represents wages as defined
in section 3121(a) of the Internal Revenue Code or net earnings
from self-employment as defined in section 1402(a) of the Internal
Revenue Code.
(b) If, pursuant to division (H) of former section 718.01 of
the Revised Code as it existed before March 11, 2004, a majority
of the electors of a municipal corporation voted in favor of the
question at an election held on November 4, 2003, the municipal
corporation may continue after 2002 to tax an S corporation
shareholder's distributive share of net profits of an S
corporation.
(c) If, on December 6, 2002, a municipal corporation was
imposing, assessing, and collecting a tax on an S corporation
shareholder's distributive share of net profits of the S
corporation to the extent the distributive share would be
allocated or apportioned to this state under divisions (B)(1) and
(2) of section 5733.05 of the Revised Code if the S corporation
were a corporation subject to taxes imposed under Chapter 5733. of
the Revised Code, the municipal corporation may continue to impose
the tax on such distributive shares to the extent such shares
would be so allocated or apportioned to this state only until
December 31, 2004, unless a majority of the electors of the
municipal corporation voting on the question of continuing to tax
such shares after that date vote in favor of that question at an
election held November 2, 2004. If a majority of those electors
vote in favor of the question, the municipal corporation may
continue after December 31, 2004, to impose the tax on such
distributive shares only to the extent such shares would be so
allocated or apportioned to this state.
(d) For the purposes of division (D) of section 718.14 of the
Revised Code, a municipal corporation shall be deemed to have
elected to tax S corporation shareholders' distributive shares of
net profits of the S corporation in the hands of the shareholders
if a majority of the electors of a municipal corporation vote in
favor of a question at an election held under division (H)(9)(b)
or (c) of this section. The municipal corporation shall specify by
ordinance or rule that the tax applies to the distributive share
of a shareholder of an S corporation in the hands of the
shareholder of the S corporation.
(10) Employee compensation that is not "qualifying wages" as
defined in section 718.03 of the Revised Code;
(11) Beginning August 1, 2007, compensation paid to a person
employed within the boundaries of a United States air force base
under the jurisdiction of the United States air force that is used
for the housing of members of the United States air force and is a
center for air force operations, unless the person is subject to
taxation because of residence or domicile. If the compensation is
subject to taxation because of residence or domicile, municipal
income tax shall be payable only to the municipal corporation of
residence or domicile.
(I) Any municipal corporation that taxes any type of
intangible income on March 29, 1988, pursuant to Section 3 of
Amended Substitute Senate Bill No. 238 of the 116th general
assembly, may continue to tax that type of income after 1988 if a
majority of the electors of the municipal corporation voting on
the question of whether to permit the taxation of that type of
intangible income after 1988 vote in favor thereof at an election
held on November 8, 1988.
(J) Nothing in this section or section 718.02 of the Revised
Code shall authorize the levy of any tax on income that a
municipal corporation is not authorized to levy under existing
laws or shall require a municipal corporation to allow a deduction
from taxable income for losses incurred from a sole proprietorship
or partnership.
(K)(1) Nothing in this chapter prohibits a municipal
corporation from allowing, by resolution or ordinance, a net
operating loss carryforward.
(2) Nothing in this chapter requires a municipal corporation
to allow a net operating loss carryforward.
(L)(1) A single member limited liability company that is a
disregarded entity for federal tax purposes may elect to be a
separate taxpayer from its single member in all Ohio municipal
corporations in which it either filed as a separate taxpayer or
did not file for its taxable year ending in 2003, if all of the
following conditions are met:
(a) The limited liability company's single member is also a
limited liability company;
(b) The limited liability company and its single member were
formed and doing business in one or more Ohio municipal
corporations for at least five years before January 1, 2004;
(c) Not later than December 31, 2004, the limited liability
company and its single member each make an election to be treated
as a separate taxpayer under division (L) of this section;
(d) The limited liability company was not formed for the
purpose of evading or reducing Ohio municipal corporation income
tax liability of the limited liability company or its single
member;
(e) The Ohio municipal corporation that is the primary place
of business of the sole member of the limited liability company
consents to the election.
(2) For purposes of division (L)(1)(e) of this section, a
municipal corporation is the primary place of business of a
limited liability company if, for the limited liability company's
taxable year ending in 2003, its income tax liability is greater
in that municipal corporation than in any other municipal
corporation in Ohio, and that tax liability to that municipal
corporation for its taxable year ending in 2003 is at least four
hundred thousand dollars.
Sec. 742.41. (A) As used in this section:
(1) "Other system retirant" has the same meaning as in
section 742.26 of the Revised Code.
(2) "Personal history record" includes a member's, former
member's, or other system retirant's name, address, telephone
number, social security number, record of contributions,
correspondence with the Ohio police and fire pension fund, status
of any application for benefits, and any other information deemed
confidential by the trustees of the fund.
(B) The treasurer of state shall furnish annually to the
board of trustees of the fund a sworn statement of the amount of
the funds in the treasurer of state's custody belonging to the
Ohio police and fire pension fund. The records of the fund shall
be open for public inspection except for the following, which
shall be excluded, except with the written authorization of the
individual concerned:
(1) The individual's personal history record;
(2) Any information identifying, by name and address, the
amount of a monthly allowance or benefit paid to the individual.
(C) All medical reports and recommendations required are
privileged, except that copies of such medical reports or
recommendations shall be made available to the personal physician,
attorney, or authorized agent of the individual concerned upon
written release received from the individual or the individual's
agent or, when necessary for the proper administration of the
fund, to the board-assigned physician.
(D) Any person who is a member of the fund or an other system
retirant shall be furnished with a statement of the amount to the
credit of the person's individual account upon the person's
written request. The fund need not answer more than one such
request of a person in any one year.
(E) Notwithstanding the exceptions to public inspection in
division (B) of this section, the fund may furnish the following
information:
(1) If a member, former member, or other system retirant is
subject to an order issued under section 2907.15 of the Revised
Code or an order issued under division (A) or (B) of section
2929.192 of the Revised Code or is convicted of or pleads guilty
to a violation of section 2921.41 of the Revised Code, on written
request of a prosecutor as defined in section 2935.01 of the
Revised Code, the fund shall furnish to the prosecutor the
information requested from the individual's personal history
record.
(2) Pursuant to a court order issued pursuant to Chapter
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall
furnish to a court or child support enforcement agency the
information required under that section.
(3) At the request of any organization or association of
members of the fund, the fund shall provide a list of the names
and addresses of members of the fund and other system retirants.
The fund shall comply with the request of such organization or
association at least once a year and may impose a reasonable
charge for the list.
(4) Within fourteen days after receiving from the director of
job and family services a list of the names and social security
numbers of recipients of public assistance pursuant to section
5101.181 of the Revised Code, the fund shall inform the auditor of
state of the name, current or most recent employer address, and
social security number of each member or other system retirant
whose name and social security number are the same as that of a
person whose name or social security number was submitted by the
director. The fund and its employees shall, except for purposes of
furnishing the auditor of state with information required by this
section, preserve the confidentiality of recipients of public
assistance in compliance with division (A) of section 5101.181 of
the Revised Code.
(5) The fund shall comply with orders issued under section
3105.87 of the Revised Code.
On the written request of an alternate payee, as defined in
section 3105.80 of the Revised Code, the fund shall furnish to the
alternate payee information on the amount and status of any
amounts payable to the alternate payee under an order issued under
section 3105.171 or 3105.65 of the Revised Code.
(6) At the request of any person, the fund shall make
available to the person copies of all documents, including
resumes, in the fund's possession regarding filling a vacancy of a
police officer employee member, firefighter employee member,
police retirant member, or firefighter retirant member of the
board of trustees. The person who made the request shall pay the
cost of compiling, copying, and mailing the documents. The
information described in this division is a public record.
(F) A statement that contains information obtained from the
fund's records that is signed by the secretary of the board of
trustees of the Ohio police and fire pension fund and to which the
board's official seal is affixed, or copies of the fund's records
to which the signature and seal are attached, shall be received as
true copies of the fund's records in any court or before any
officer of this state.
Sec. 753.03. A municipal legislative authority may, by
ordinance, provide for the keeping of persons convicted and
sentenced for misdemeanors, during the term of their imprisonment,
at such place as the legislative authority determines, provided
that the place selected is in substantial compliance with the
minimum standards for jails in Ohio promulgated by the department
of rehabilitation and correction. The legislative authority may
enter into a contract under section 9.06 of the Revised Code for
the private operation and management of any municipal correctional
facility, but only if the facility is used to house only
misdemeanant inmates.
Sec. 753.15. (A) Except as provided in division (B) of this
section, in a city, a workhouse erected for the joint use of the
city and the county in which such city is located shall be managed
and controlled by a joint board composed of the board of county
commissioners and the board of control of the city, and in a
village by the board of county commissioners and the board of
trustees of public affairs. Such joint board shall have all the
powers and duties in the management, control, and maintenance of
such workhouse as are conferred upon the director of public safety
in cities, and in addition thereto it may construct sewers for
such workhouse and pay therefor from funds raised by taxation for
the maintenance of such institution.
The joint board may lease or purchase suitable property and
buildings for a workhouse, or real estate for the purpose of
erecting and maintaining a workhouse thereon, but it shall not
expend more than ten thousand dollars for any such purpose unless
such amount is approved by a majority of the voters of the county,
exclusive of the municipal corporation, voting at a general
election.
(B) In lieu of forming a joint board to manage and control a
workhouse erected for the joint use of the city and the county in
which the city is located, the board of county commissioners and
the legislative authority of the city may enter into a contract
for the private operation and management of the workhouse as
provided in section 9.06 of the Revised Code, but only if the
workhouse is used solely for misdemeanant inmates. In order to
enter into a contract under section 9.06 of the Revised Code, both
the board and the legislative authority shall approve and be
parties to the contract.
Sec. 755.16. (A) Any municipal corporation, township,
township park district, county, or school district contracting
subdivision, jointly with one or more other municipal
corporations, townships, township park districts, counties, or
school districts or with an educational service center contracting
subdivisions, in any combination, and a joint recreation district,
may acquire property for, construct, operate, and maintain any
parks, playgrounds, playfields, gymnasiums, public baths, swimming
pools, indoor recreation centers, educational facilities, or
community centers. Any school district or, educational service
center, or state institution of higher education may provide by
the erection of any school or, educational service center, or
state institution of higher education building or premises, or by
the enlargement of, addition to, or reconstruction or improvement
of any school or, educational service center, or state institution
of higher education building or premises, for the inclusion of any
such parks, recreational facilities, educational facilities, and
community centers to be jointly acquired, constructed, operated,
and maintained. Any municipal corporation, township, township park
district, county, or school district contracting subdivision,
jointly with one or more other municipal corporations, townships,
township park districts, counties, or school districts or with an
educational service center contracting subdivisions, in any
combination, and a joint recreation district, may equip, operate,
and maintain those parks, recreational facilities, educational
facilities, and community centers and may appropriate money for
them those purposes. An educational service center also may
appropriate money for purposes of equipping, operating, and
maintaining those parks, recreational facilities, and community
centers.
Any municipal corporation, township, township park district,
county, school district, or educational service center contracting
subdivision agreeing to jointly acquire, construct, operate, or
maintain parks, recreational facilities, educational facilities,
and community centers pursuant to this section may contribute
lands, money, other personal property, or services to the joint
venture, as may be agreed upon. Any agreement shall specify the
rights of the parties in any lands or personal property
contributed.
Any lands acquired by a township park district pursuant to
Chapter 511. of the Revised Code and established as a public park
or parks may be contributed to a joint venture authorized by this
section. Fees may be charged in connection with the use of any
recreational facilities, educational facilities, and community
centers that may be constructed on those lands.
(B) Any township may, jointly with a private land owner,
construct, operate, equip, and maintain free public playgrounds
and playfields. Any equipment provided by a township pursuant to
this division shall remain township property and shall be used
subject to a right of removal by the township.
(C) As used in this section and in sections 755.17 and 755.18
of the Revised Code:
(1) "Community centers" means facilities characterized by all
of the following:
(a) They are acquired, constructed, operated, or maintained
by political contracting subdivisions or an educational service
center pursuant to division (A) of this section.
(b) They may be used for governmental, civic, or educational
operations or purposes, or recreational activities.
(c) They may be used only by the entities contracting
subdivisions that acquire, construct, operate, or maintain them or
by any other person upon terms and conditions determined by those
entities contracting subdivisions.
(2) "Educational service center" has the same meaning as in
division (A) of section 3311.05 of the Revised Code.
(3) "Contracting subdivision" means a municipal corporation,
township, joint recreation district, township park district,
county, school district, educational service center, or state
institution of higher education.
(4) "School district" means any of the school districts or
joint vocational school districts referred to in section 3311.01
of the Revised Code.
(5) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
Sec. 755.29. The board of park trustees, before entering
into any contract for the performance of any work, the cost of
which exceeds ten twenty-five thousand dollars, shall cause plans
and specifications and forms of bids to be prepared, and when
adopted by the board, it shall have them printed for distribution
among bidders.
Sec. 901.09. (A) The director of agriculture may employ and
establish a compensation rate for seasonal produce graders and
seasonal gypsy mothtrap tenders, who shall be in the unclassified
civil service.
(B) In lieu of employing seasonal gypsy moth tenders as
provided in division (A) of this section, the director may
contract with qualified individuals or entities to perform gypsy
moth trapping.
Sec. 924.52. (A) The Ohio grape industries committee may:
(1) Conduct, and contract with others to conduct, research,
including the study, analysis, dissemination, and accumulation of
information obtained from the research or elsewhere, concerning
the marketing and distribution of grapes and grape products, the
storage, refrigeration, processing, and transportation of them,
and the production and product development of grapes and grape
products. The committee shall expend for these activities no less
than thirty per cent and no more than seventy per cent of all
money it receives from the Ohio grape industries fund created
under section 924.54 of the Revised Code.
(2) Provide the wholesale and retail trade with information
relative to proper methods of handling and selling grapes and
grape products;
(3) Make or contract for market surveys and analyses,
undertake any other similar activities that it determines are
appropriate for the maintenance and expansion of present markets
and the creation of new and larger markets for grapes and grape
products, and make, in the name of the committee, contracts to
render service in formulating and conducting plans and programs
and such other contracts or agreements as the committee considers
necessary for the promotion of the sale of grapes and grape
products. The committee shall expend for these activities no less
than thirty per cent and no more than seventy per cent of all
money it receives from the fund.
(4) Publish and distribute to producers and others
information relating to the grape and grape product industries;
(5) Propose to the director of agriculture for adoption,
rescission, or amendment, pursuant to Chapter 119. of the Revised
Code, rules necessary for the exercise of its powers and the
performance of its duties;
(6) Advertise for, post notices seeking, or otherwise solicit
applicants to serve in administrative positions in the department
of agriculture as employees who support the administrative
functions of the committee. Applications shall be submitted to the
committee. The committee shall select applicants that it wishes to
recommend for employment and shall submit a list of the
recommended applicants to the director.
(1) Promote the sale of grapes and grape products for the
purpose of maintaining and expanding present markets and creating
new and larger intrastate, interstate, and foreign markets for
grapes and grape products, and inform the public of the uses and
benefits of grapes and grape products;
(2) Perform all acts and exercise all powers incidental to,
in connection with, or considered reasonably necessary, proper, or
advisable to effectuate the purposes of this section.
Sec. 927.69. To effect the purpose of sections 927.51 to
927.73 of the Revised Code, the director of agriculture or the
director's authorized representative may:
(A) Make reasonable inspection of any premises in this state
and any property therein or thereon;
(B) Stop and inspect in a reasonable manner, any means of
conveyance moving within this state upon probable cause to believe
it contains or carries any pest, host, commodity, or other article
that is subject to sections 927.51 to 927.72 of the Revised Code;
(C) Conduct inspections of agricultural products that are
required by other states, the United States department of
agriculture, other federal agencies, or foreign countries to
determine whether the products are infested. If, upon making such
an inspection, the director or the director's authorized
representative determines that an agricultural product is not
infested, the director or the director's authorized representative
may issue a certificate, as required by other states, the United
States department of agriculture, other federal agencies, or
foreign countries, indicating that the product is not infested.
If the director charges fees for any of the certificates,
agreements, or inspections specified in this section, the fees
shall be as follows:
(1) Phyto sanitary Phytosanitary certificates, twenty-five
dollars for
those collectors or dealers that are licensed under
section 927.53 of the Revised Code shipments comprised exclusively
of nursery stock;
(2) Phyto sanitary Phytosanitary certificates, one hundred
dollars for all others;
(3) Phytosanitary certificates, twenty-five dollars for
replacement of an issued certificate because of a mistake on the
certificate or a change made by the shipper if no additional
inspection is required;
(4) Compliance agreements, forty dollars;
(4)(5) Agricultural products and their conveyances
inspections, an amount equal to the hourly rate of pay in the
highest step in the pay range, including fringe benefits, of a
plant pest control specialist multiplied by the number of hours
worked by such a specialist in conducting an inspection.
The director may adopt rules under section 927.52 of the
Revised Code that define the certificates, agreements, and
inspections.
The fees shall be credited to the plant pest program fund
created in section 927.54 of the Revised Code.
Sec. 1309.528.
(A) All fees collected by the secretary of
state for filings under Title XIII or XVII of the Revised Code
shall be deposited into the state treasury to the credit of the
corporate and uniform commercial code filing fund, which is hereby
created. All moneys credited to the fund, subject to division (B)
of this section, shall be used for the purpose of paying for the
operations of the office of the secretary of state and for the
purpose of paying for expenses relating to the processing of
filings under Title XIII or XVII of the Revised Code.
(B) There is hereby created in the state treasury the
secretary of state business technology fund. One per cent of the
money credited to the corporate and uniform commercial code filing
fund created in division (A) of this section shall be transferred
to the credit of this fund. All moneys credited to this fund shall
be used only for the upkeep, improvement, or replacement of
equipment, or for the purpose of training employees in the use of
equipment, used to conduct business of the secretary of state's
office under Title XIII or XVII of the Revised Code.
Sec. 1327.46. (A) As used in sections 1327.46 to 1327.61 of
the Revised Code:
(A) "Weights and measures" means all weights and measures of
every kind, instruments and devices for weighing and measuring,
and any appliances and accessories associated with any such
instruments and devices, except that the term "weights and
measures" shall not be construed to include meters for the
measurement of electricity, gas, whether natural or manufactured,
or water when the same are operated in a public utility system.
Such electricity, gas, and water meters, and appliances or
accessories associated therewith, are specifically excluded from
the purview of the weights and measures laws.
(B) "Intrastate commerce" means all commerce or trade that is
begun, carried on, and completed wholly within the limits of this
state, and "introduced into intrastate commerce" defines the time
and place in which the first sale and delivery of a commodity is
made within the state, the delivery being made either directly to
the purchaser or to a common carrier for shipment to the
purchaser.
(C) "Package" means any commodity put up or packaged in any
manner in advance of sale in units suitable for either wholesale
or retail sale.
(D) "Consumer package" means a package that is customarily
produced or distributed for sale through a retail sales agency for
consumption by an individual or use by an individual.
(E) "Weight" as used in connection with any commodity means
net weight.
(F) "Correct" as used in connection with weights and measures
means conformity with all applicable requirements of sections
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant
to those sections.
(G) "Primary standards" means the physical standards of the
state that serve as the legal reference from which all other
standards and weights and measures are derived.
(H) "Secondary standards" means the physical standards that
are traceable to the primary standards through comparisons, using
acceptable laboratory procedures, and used in the enforcement of
weights and measures laws and rules.
(I) "Sale from bulk" means the sale of commodities when the
quantity is determined at the time of sale.
(J) "Net weight" means the weight of a commodity, excluding
any materials, substances, or items not considered to be a part of
the commodity. Materials, substances, or items not considered to
be part of the commodity include, but are not limited to,
containers, conveyances, bags, wrappers, packaging materials,
labels, individual piece coverings, decorative accompaniments, and
coupons.
(K) "Random weight package" means a package that is one of a
lot, shipment, or delivery of packages of the same commodity with
no fixed pattern of weights.
(L) "Sold" includes keeping, offering, or exposing for sale.
(M) "Commercially used weighing and measuring device" means a
device described in the national institute of standards and
technology handbook 44 or its supplements and revisions and any
other weighing and measuring device designated by rules adopted
under division (C) of section 1327.50 of the Revised Code.
"Commercially used weighing and measuring device" includes, but is
not limited to, a livestock scale, vehicle scale, railway scale,
vehicle tank meter, bulk rack meter, and LPG meter.
(N) "Livestock scale" means a scale equipped with stock racks
and gates that is adapted to weighing livestock standing on the
scale platform.
(O) "Vehicle scale" means a scale that is adapted to weighing
highway, farm, or other large industrial vehicles other than
railroad cars.
(P) "Railway scale" means a rail scale that is designed to
weigh railroad cars.
(Q) "Vehicle tank meter" means a vehicle mounted device that
is designed for the measurement and delivery of liquid products
from a tank.
(R) "Bulk rack meter" means a wholesale device, usually
mounted on a rack, that is designed for the measurement and
delivery of liquid products.
(S) "LPG meter" means a system, including a mechanism or
machine of the meter type, that is designed to measure and deliver
liquefied petroleum gas in the liquid state by a definite quantity
whether installed in a permanent location or mounted on a vehicle.
Sec. 1327.50. The director of agriculture shall:
(A) Maintain traceability of the state standards to those of
the national institute of standards and technology;
(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;
(C) Issue reasonable rules for the uniform enforcement of
sections 1327.46 to 1327.61 of the Revised Code, which rules shall
have the force and effect of law;
(D) Establish standards of weight, measure, or count,
reasonable standards of fill, and standards for the voluntary
presentation of cost per unit information for any package;
(E) Grant any exemptions from sections 1327.46 to 1327.61 of
the Revised Code, or any rules adopted under those sections, when
appropriate to the maintenance of good commercial practices in the
state;
(F) Conduct investigations to ensure compliance with sections
1327.46 to 1327.61 of the Revised Code;
(G) Delegate to appropriate personnel any of these
responsibilities for the proper administration of the director's
office;
(H) Test as often as is prescribed by rule the standards of
weight and measure used by any municipal corporation or county
within the state, and approve the same when found to be correct;
(I) Inspect and test weights and measures kept, offered, or
exposed for sale that are sold;
(J) Inspect and test to ascertain if they are correct,
weights and measures commercially used either:
(1) In determining the weight, measure, or count of
commodities or things sold, or offered or exposed for sale, on the
basis of weight, measure, or count;
(2) In computing the basic charge or payment for goods or
services rendered on the basis of weight, measure, or count.
(K) Test all weights and measures used in checking the
receipt or disbursement of supplies in every institution, for the
maintenance of which funds are appropriated by the general
assembly;
(L) Approve for use, and may mark, such weights and measures
as the director finds to be correct, and shall reject and mark as
rejected such weights and measures as the director finds to be
incorrect. Weights and measures that have been rejected may be
seized if not corrected within the time specified or if used or
disposed of in a manner not specifically authorized, and may be
condemned and seized if found to be incorrect and not capable of
being made correct.
(M) Weigh, measure, or inspect packaged commodities kept,
offered, or exposed for sale, that are sold, or in the process of
delivery to determine whether they contain the amounts represented
and whether they are kept, offered, or exposed for sale sold in
accordance with sections 1327.46 to 1327.61 of the Revised Code or
rules adopted under those sections. In carrying out this section,
the director shall employ recognized sampling procedures, such as
those designated in the national institute of standards and
technology handbook 133 "checking the net contents of packaged
goods."
(N) Prescribe by rule the appropriate term or unit of weight
or measure to be used, whenever the director determines in the
case of a specific commodity that an existing practice of
declaring the quantity by weight, measure, numerical count, or
combination thereof, does not facilitate value comparisons by
consumers, or offers an opportunity for consumer confusion;
(O) Allow reasonable variations from the stated quantity of
contents, which shall include those caused by unavoidable
deviations in good manufacturing practice and by loss or gain of
moisture during the course of good distribution practice, only
after the commodity has entered intrastate commerce;
(P) Provide for the weights and measures training of
inspector personnel and establish minimum training requirements,
which shall be met by all inspector personnel, whether county,
municipal, or state;
(Q) Prescribe the methods of tests and inspections to be
employed in the enforcement of sections 1327.46 to 1327.61 of the
Revised Code. The director may prescribe the official test and
inspection forms to be used.
(R) Provide by rule for voluntary registration with the
director of private weighing and measuring device servicing
agencies, and personnel;
(S) In conjunction with the national institute of standards
and technology, operate a type evaluation program for
certification of weighing and measuring devices as part of the
national type evaluation program. The director shall establish a
schedule of fees for services rendered by the department of
agriculture for type evaluation services. The director may require
any weighing or measuring instrument or device to be traceable to
a national type evaluation program certificate of conformance
prior to use for commercial or law enforcement purposes.
Sec. 1327.501. (A) No person shall operate in this state a
commercially used weighing and measuring device, for which a fee
is established in division (G) of this section unless the operator
of the device obtains a permit issued by the director of
agriculture or the director's designee.
(B) An application for a permit shall be submitted to the
director on a form that the director prescribes and provides. The
applicant shall include with the application any information that
is specified on the application form as well as the application
fee established in this section.
(C) Upon receipt of a completed application and the required
fee from an applicant, the director or the director's designee
shall issue or deny the permit to operate the commercially used
weighing and measuring device that was the subject of the
application.
(D) A permit issued under this section expires on the
thirtieth day of June of the year following its issuance and may
be renewed annually on or before the first day of July of that
year upon payment of a permit renewal fee established in this
section.
(E) If a permit renewal fee is more than sixty days past due,
the director may assess a late penalty in an amount established
under this section.
(F) The director shall do both of the following:
(1) Establish procedures and requirements governing the
issuance or denial of permits under this section;
(2) Establish late penalties to be assessed for the late
payment of a permit renewal fee and fees for the replacement of
lost or destroyed permits.
(G) An applicant for a permit to operate under this section
shall pay an application fee in the following applicable amount:
(1) Seventy-five dollars for a livestock scale;
(2) Seventy-five dollars for a vehicle scale;
(3) Seventy-five dollars for a railway scale;
(4) Seventy-five dollars for a vehicle tank meter;
(5) Seventy-five dollars for a bulk rack meter;
(6) Seventy-five dollars for a LPG meter.
A person who is issued a permit under this section and who
seeks to renew that permit shall pay an annual permit renewal fee.
The amount of a permit renewal fee shall be equal to the
application fee for that permit established in this division.
(H) All money collected through the payment of fees and the
imposition of penalties under this section shall be credited to
the metrology and scale certification and device permitting fund
created in section 1327.511 of the Revised Code.
Sec. 1327.51. (A) When necessary for the enforcement of
sections 1327.46 to 1327.61 of the Revised Code or rules adopted
pursuant thereto, the director of agriculture and any weights and
measures official acting under the authority of section 1327.52 of
the Revised Code may do any of the following:
(1) Enter any commercial premises during normal business
hours, except that in the event such premises are not open to the
public, he the director or official shall first present
his the
director's or official's credentials and obtain consent before
making entry thereto, unless a search warrant previously has been
obtained;
(2) Issue stop-use, hold, and removal orders with respect to
any weights and measures commercially used, and stop-sale, hold,
and removal orders with respect to any packaged commodities or
bulk commodity observed to be or believed to be kept, offered, or
exposed for sale sold;
(3) Seize for use as evidence any incorrect or unapproved
weight or measure or any package or commodity found to be used,
retained, offered or exposed for sale, or sold in violation of
sections 1327.46 to 1327.61 of the Revised Code or rules
promulgated adopted pursuant thereto.
(B) The director shall afford an opportunity for a hearing in
accordance with Chapter 119. of the Revised Code to any owner or
operator whose property is seized by the Ohio department of
agriculture.
Sec. 1327.511. All money collected under section sections
1327.50 and 1327.501 of the Revised Code
from fees and for
services rendered by the department of agriculture in operating
the type evaluation program, a metrology laboratory program, and
the device permitting program shall be deposited in the state
treasury to the credit of the metrology and scale certification
and device permitting fund, which is hereby created. Money
credited to the fund shall be used to pay operating costs incurred
by the department in administering the program programs.
Sec. 1327.54. No person shall misrepresent the price of any
commodity or service sold, offered, exposed, or advertised for
sale by weight, measure, or count, nor represent the price in any
manner calculated or tending to mislead or in any way deceive a
person.
Sec. 1327.57. (A) Except as otherwise provided by law, any
consumer package or commodity in package form introduced or
delivered for introduction into or received in intrastate
commerce, kept for the purpose of sale, or offered or exposed for
sale sold in intrastate commerce shall bear on the outside of the
package a definite, plain, and conspicuous declaration, as may be
prescribed by rule adopted by the director of agriculture, of any
of the following, as applicable:
(1) The identity of the commodity in the package unless the
same can easily be identified through the wrapper or container;
(2) The net quantity of the contents in terms of weight,
measure, or count;
(3) In the case of any package kept, or offered or exposed
for sale, or sold at any place other than on the premises where
packed, the name and place of business of the manufacturer,
packer, or distributor.
This section does not apply to beer or intoxicating liquor as
defined in section 4301.01 of the Revised Code, or packages
thereof, or to malt or brewer's wort, or packages thereof.
(B) Under division (A)(2) of this section, neither the
qualifying term "when packed" or any words of similar import, nor
any term qualifying a unit of weight, measure, or count that tends
to exaggerate the amount of commodity in a package, shall be used.
(C) In addition to the declarations required by division (A)
of this section, any package or commodity in package form, if the
package is one of a lot containing random weights, measures, or
counts of the same commodity and bears the total selling price of
the package, shall bear on the outside of the package a plain and
conspicuous declaration of the price per single unit of weight,
measure, or count.
(D) No package or commodity in package form shall be so
wrapped, nor shall it be in a container so made, formed, or
filled, as to mislead the purchaser as to the quantity of the
contents of the package, and the contents of a container shall not
fall below any reasonable standard of fill that may have been
prescribed for the commodity in question by the director.
Sec. 1327.62. Whenever the director of agriculture, or his
the director's designee, has cause to believe that any person has
violated, or is violating, section any provision of sections
1327.54 or 1327.46 to 1327.61 of the Revised Code or a rule
adopted under them, he the director, or his the director's
designee, may conduct a hearing in accordance with Chapter 119. of
the Revised Code to determine whether a violation has occurred. If
the director or his
the director's designee determines that the
person has violated or is violating section 1327.54 or
any
provision of sections 1327.46 to 1327.61 of the Revised Code or a
rule adopted under it, he the director or the director's designee
may assess a civil penalty against the person. The person is
liable for a civil penalty of not more than five hundred dollars
for a first violation; for a second violation the person is liable
for a civil penalty of not more than two thousand five hundred
dollars; for each subsequent violation that occurs within five
years after the second violation, the person is liable for a civil
penalty of not more than ten thousand dollars.
Any person assessed a civil penalty under this section shall
pay the amount prescribed to the department of agriculture. The
department shall remit all moneys collected under this section to
the treasurer of state for deposit in the general revenue fund.
Sec. 1327.99. Whoever violates section 1327.501 or 1327.54
or division (A), (B), (C), or (D) of section 1327.61 of the
Revised Code or a rule adopted under sections 1327.46 to 1327.61
of the Revised Code is guilty of a misdemeanor of the second
degree on a first offense; on each subsequent offense within seven
years after the first offense, such person is guilty of a
misdemeanor of the first degree.
Sec. 1329.04. Registration of a trade name or report of a
fictitious name, under sections 1329.01 to 1329.10 of the Revised
Code, shall be effective for a term of five years from the date of
registration or report. Upon application filed within six months
prior to the expiration of such term, on a form furnished by the
secretary of state, the registration or report may be renewed at
the end of each five-year period for a like term, provided that a
general partnership shall renew its registration or report
whenever any partner named on its registration or report ceases to
be a partner. Such a renewal shall extend the registration or
report for five years, unless further changes occur in the
interim. The renewal fee specified in division (S)(3) of section
111.16 of the Revised Code, payable to the secretary of state,
shall accompany the application for renewal of the registration or
report.
The secretary of state shall notify persons who have
registered trade names or reported fictitious names, within the
six months next preceding the expiration of the five years from
the date of registration or report, of the necessity of renewal by
writing ordinary or electronic mail to the last known physical or
electronic mail address of such persons.
Sec. 1329.42. A person who uses in this state a name, mark,
or device to indicate ownership of articles or supplies may file
in the office of the secretary of state, on a form to be
prescribed by the secretary of state, a verified statement setting
forth, but not limited to, the following information:
(A) The name and business address of the person filing the
statement; and, if a corporation, the state of incorporation;
(B) The nature of the business of the applicant;
(C) The type of articles or supplies in connection with which
the name, mark, or device is used.
The statement shall include or be accompanied by a specimen
evidencing actual use of the name, mark, or device, together with
the filing fee specified in division (U)(1) of section 111.16 of
the Revised Code. The registration of a name, mark, or device
pursuant to this section is effective for a ten-year period
beginning on the date of registration. If an application for
renewal is filed within six months prior to the expiration of the
ten-year period on a form prescribed by the secretary of state,
the registration may be renewed at the end of each ten-year period
for an additional ten-year period. The renewal fee specified in
division (U)(2) of section 111.16 of the Revised Code shall
accompany the application for renewal. The secretary of state
shall notify a registrant within the six months next preceding the
expiration of ten years from the date of registration of the
necessity of renewal by writing ordinary or electronic mail to the
last known physical or electronic mail address of the registrant.
Sec. 1332.24. (A)(1) In accordance with section 1332.25 of
the Revised Code, the director of commerce may issue to any
person, or renew, a video service authorization, which
authorization confers on the person the authority, subject to
sections 1332.21 to 1332.34 of the Revised Code, to provide video
service in its video service area; construct and operate a video
service network in, along, across, or on public rights-of-way for
the provision of video service; and, when necessary to provide
that service, exercise the power of a telephone company under
section 4931.04 of the Revised Code. The term of a video service
authorization or authorization renewal shall be ten years.
(2) For the purposes of the "Cable Communications Policy Act
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et
seq., a video service authorization shall constitute a franchise
under that law, and the director shall be the sole franchising
authority under that law for video service authorizations in this
state.
(3) The director may impose upon and collect an annual
assessment on video service providers. All money collected under
division (A)(3) of this section shall be deposited in the state
treasury to the credit of the division of administration video
service authorization fund created under section
121.08 1332.25
of the Revised Code. The total amount assessed in a fiscal year
shall not exceed the lesser of four hundred fifty thousand dollars
or, as shall be determined annually by the director, the
department's actual, current fiscal year administrative costs in
carrying out its duties under sections 1332.21 to 1332.34 of the
Revised Code. The director shall allocate that total amount
proportionately among the video service providers to be assessed,
using a formula based on subscriber counts as of the thirty-first
day of December of the preceding calendar year, which counts shall
be submitted to the director not later than the thirty-first day
of January of each year, via a notarized statement signed by an
authorized officer. Any information submitted by a video service
provider to the director for the purpose of determining subscriber
counts shall be considered trade secret information, shall not be
disclosed except by court order, and shall not constitute a public
record under section 149.43 of the Revised Code. On or about the
first day of June of each year, the director shall send to each
video service provider to be assessed written notice of its
proportional amount of the total assessment. The provider shall
pay that amount on a quarterly basis not later than forty-five
days after the end of each calendar quarter. After the initial
assessment, the director annually shall reconcile the amount
collected with the total, current amount assessed pursuant to this
section, and either shall charge each assessed video service
provider its respective proportion of any insufficiency or
proportionately credit the provider's next assessment for any
excess collected.
(B)(1) The director may investigate alleged violations of or
failures to comply with division (A) of section 1332.23, division
(A) of this section, division (C) of section 1332.25, division (C)
or (D) of section 1332.26, division (A), (B), or (C) of section
1332.27, division (A) of section 1332.28, division (A) or (B) of
section 1332.29, or section 1332.30 or 1332.31 of the Revised
Code, or complaints concerning any such violation or failure.
Except as provided in this section, the director has no authority
to regulate video service in this state, including, but not
limited to, the rates, terms, or conditions of that service.
(2) In conducting an investigation under division (B)(1) of
this section, the director, by subpoena, may compel witnesses to
testify in relation to any matter over which the director has
jurisdiction and may require the production of any book, record,
or other document pertaining to that matter. If a person fails to
file any statement or report, obey any subpoena, give testimony,
produce any book, record, or other document as required by a
subpoena, or permit photocopying of any book, record, or other
document subpoenaed, the court of common pleas of any county in
this state, upon application made to it by the director, shall
compel obedience by attachment proceedings for contempt, as in the
case of disobedience of the requirements of a subpoena issued from
the court or a refusal to testify.
(C)(1) If the director finds that a person has violated or
failed to comply with division (A) of section 1332.23, division
(A) of this section, division (C) of section 1332.25, division (C)
or (D) of section 1332.26, division (A), (B), or (C) of section
1332.27, division (A) of section 1332.28, division (A) or (B) of
section 1332.29, or section 1332.30 or 1332.31 of the Revised
Code, and the person has failed to cure the violation or failure
after reasonable, written notice and reasonable time to cure, the
director may do any of the following:
(a) Apply to the court of common pleas of any county in this
state for an order enjoining the activity or requiring compliance.
Such an action shall be commenced not later than three years after
the date the alleged violation or failure occurred or was
reasonably discovered. Upon a showing by the director that the
person has engaged in a violation or failure to comply, the court
shall grant an injunction, restraining order, or other appropriate
relief.
(b) Enter into a written assurance of voluntary compliance
with the person;
(c) Pursuant to an adjudication under Chapter 119. of the
Revised Code, assess a civil penalty in an amount determined by
the director, including for any failure to comply with an
assurance of voluntary compliance under division (C)(1)(b) of this
section. The amount shall be not more than one thousand dollars
for each day of violation or noncompliance, not to exceed a total
of ten thousand dollars, counting all subscriber impacts as a
single violation or act of noncompliance. In determining whether a
civil penalty is appropriate under division (C)(1)(c) of this
section, the director shall consider all of the following factors:
(i) The seriousness of the noncompliance;
(ii) The good faith efforts of the person to comply;
(iii) The person's history of noncompliance;
(iv) The financial resources of the person;
(v) Any other matter that justice requires.
Civil penalties collected pursuant to division (C)(1)(c) of
this section shall be deposited to the credit of the video service
enforcement fund in the state treasury, which is hereby created,
to be used by the department of commerce in carrying out its
duties under this section.
(2) Pursuant to an adjudication under Chapter 119. of the
Revised Code, the director may revoke, in whole or in part, the
video service authorization of any person that has repeatedly and
knowingly violated or failed to comply with division (A) of
section 1332.23, division (A) of this section, division (C) of
section 1332.25, division (C) or (D) of section 1332.26, division
(A), (B), or (C) of section 1332.27, division (A) of section
1332.28, division (A) or (B) of section 1332.29, or section
1332.30 or 1332.31 of the Revised Code and that has failed to cure
the violations or noncompliances after reasonable written notice
and reasonable time to cure. Such person acts knowingly,
regardless of the person's purpose, when the person is aware that
the person's conduct will probably cause a certain result or will
probably be of a certain nature. A person has knowledge of
circumstances when the person is aware that such circumstances
probably exist.
(3) The court shall conduct a de novo review in any appeal
from an adjudication under division (C)(1)(c) or (C)(2) of this
section.
(D) The public utilities commission has no authority over a
video service provider in its offering of video service or a cable
operator in its offering of cable or video service, or over any
person in its offering of video service pursuant to a competitive
video service agreement.
Sec. 1501.022. There is hereby created in the state treasury
the injection well review fund consisting of moneys transferred to
it under section 6111.046 of the Revised Code. Moneys in the fund
shall be used by the chiefs of the divisions of mineral resources
management, oil and gas resources management, geological survey,
and soil and water resources in the department of natural
resources exclusively for the purpose of executing their duties
under sections 6111.043 to 6111.047 of the Revised Code.
Sec. 1501.40. The department of natural resources is the
designated state agency responsible for the coordination and
administration of sections 120 to 136 of the "National and
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A.
12401 to 12456, as amended. With the assistance of the Ohio
community commission on service
council and volunteerism created
in section 121.40 of the Revised Code, the director of natural
resources shall coordinate with other state agencies to apply for
funding under the act when appropriate and shall administer any
federal funds the state receives under sections 120 to 136 of the
act.
Sec. 1503.05. (A) The chief of the division of forestry may
sell timber and other forest products from the state forest and
state forest nurseries whenever the chief considers such a sale
desirable and, with the approval of the attorney general and the
director of natural resources, may sell portions of the state
forest lands when such a sale is advantageous to the state.
(B) Except as otherwise provided in this section, a timber
sale agreement shall not be executed unless the person or
governmental entity bidding on the sale executes and files a
surety bond conditioned on completion of the timber sale in
accordance with the terms of the agreement in an amount equal to
twenty-five per cent of the highest value cutting section. All
bonds shall be given in a form prescribed by the chief and shall
run to the state as obligee.
The chief shall not approve any bond until it is personally
signed and acknowledged by both principal and surety, or as to
either by the attorney in fact thereof, with a certified copy of
the power of attorney attached. The chief shall not approve the
bond unless there is attached a certificate of the superintendent
of insurance that the company is authorized to transact a fidelity
and surety business in this state.
In lieu of a bond, the bidder may deposit any of the
following:
(1) Cash in an amount equal to the amount of the bond;
(2) United States government securities having a par value
equal to or greater than the amount of the bond;
(3) Negotiable certificates of deposit or irrevocable letters
of credit issued by any bank organized or transacting business in
this state having a par value equal to or greater than the amount
of the bond.
The cash or securities shall be deposited on the same terms
as bonds. If one or more certificates of deposit are deposited in
lieu of a bond, the chief shall require the bank that issued any
of the certificates to pledge securities of the aggregate market
value equal to the amount of the certificate or certificates that
is in excess of the amount insured by the federal deposit
insurance corporation. The securities to be pledged shall be those
designated as eligible under section 135.18 of the Revised Code.
The securities shall be security for the repayment of the
certificate or certificates of deposit.
Immediately upon a deposit of cash, securities, certificates
of deposit, or letters of credit, the chief shall deliver them to
the treasurer of state, who shall hold them in trust for the
purposes for which they have been deposited. The treasurer of
state is responsible for the safekeeping of the deposits. A bidder
making a deposit of cash, securities, certificates of deposit, or
letters of credit may withdraw and receive from the treasurer of
state, on the written order of the chief, all or any portion of
the cash, securities, certificates of deposit, or letters of
credit upon depositing with the treasurer of state cash, other
United States government securities, or other negotiable
certificates of deposit or irrevocable letters of credit issued by
any bank organized or transacting business in this state, equal in
par value to the par value of the cash, securities, certificates
of deposit, or letters of credit withdrawn.
A bidder may demand and receive from the treasurer of state
all interest or other income from any such securities or
certificates as it becomes due. If securities so deposited with
and in the possession of the treasurer of state mature or are
called for payment by their issuer, the treasurer of state, at the
request of the bidder who deposited them, shall convert the
proceeds of the redemption or payment of the securities into other
United States government securities, negotiable certificates of
deposit, or cash as the bidder designates.
When the chief finds that a person or governmental agency has
failed to comply with the conditions of the person's or
governmental agency's bond, the chief shall make a finding of that
fact and declare the bond, cash, securities, certificates, or
letters of credit forfeited. The chief thereupon shall certify the
total forfeiture to the attorney general, who shall proceed to
collect the amount of the bond, cash, securities, certificates, or
letters of credit.
In lieu of total forfeiture, the surety, at its option, may
cause the timber sale to be completed or pay to the treasurer of
state the cost thereof.
All moneys collected as a result of forfeitures of bonds,
cash, securities, certificates, and letters of credit under this
section shall be credited to the state forest fund created in this
section.
(C) The chief may grant easements and leases on portions of
the state forest lands and state forest nurseries under terms that
are advantageous to the state, and the chief may grant mineral
rights on a royalty basis on those lands and nurseries, with the
approval of the attorney general and the director.
(D) All moneys received from the sale of state forest lands,
or in payment for easements or leases on or as rents from those
lands or from state forest nurseries, shall be paid into the state
treasury to the credit of the state forest fund, which is hereby
created. In addition, all moneys received from federal grants,
payments, and reimbursements, from the sale of reforestation tree
stock, from the sale of forest products, other than standing
timber, and from the sale of minerals taken from the state forest
lands and state forest nurseries, together with royalties from
mineral rights, shall be paid into the state treasury to the
credit of the state forest fund. Any other revenues derived from
the operation of the state forests and related facilities or
equipment also shall be paid into the state treasury to the credit
of the state forest fund, as shall contributions received for the
issuance of Smokey Bear license plates under section 4503.574 of
the Revised Code and any other moneys required by law to be
deposited in the fund.
The state forest fund shall not be expended for any purpose
other than the administration, operation, maintenance,
development, or utilization of the state forests, forest
nurseries, and forest programs, for facilities or equipment
incident to them, or for the further purchase of lands for state
forest or forest nursery purposes and, in the case of
contributions received pursuant to section 4503.574 of the Revised
Code, for fire prevention purposes.
All moneys received from the sale of standing timber taken
from state forest lands and state forest nurseries shall be
deposited into the state treasury to the credit of the forestry
holding account redistribution fund, which is hereby created. The
moneys shall remain in the fund until they are redistributed in
accordance with this division.
The redistribution shall occur at least once each year. To
begin the redistribution, the chief first shall determine the
amount of all standing timber sold from state forest lands and
state forest nurseries, together with the amount of the total sale
proceeds, in each county, in each township within the county, and
in each school district within the county. The chief next shall
determine the amount of the direct costs that the division of
forestry incurred in association with the sale of that standing
timber. The amount of the direct costs shall be subtracted from
the amount of the total sale proceeds and shall be transferred
from the forestry holding account redistribution fund to the state
forest fund.
The remaining amount of the total sale proceeds equals the
net value of the standing timber that was sold. The chief shall
determine the net value of standing timber sold from state forest
lands and state forest nurseries in each county, in each township
within the county, and in each school district within the county
and shall send to each county treasurer a copy of the
determination at the time that moneys are paid to the county
treasurer under this division.
Twenty-five per cent of the net value of standing timber sold
from state forest lands and state forest nurseries located in a
county shall be transferred from the forestry holding account
redistribution fund to the state forest fund. Ten per cent of that
net value shall be transferred from the forestry holding account
redistribution fund to the general revenue fund. The remaining
sixty-five per cent of the net value shall be transferred from the
forestry holding account redistribution fund and paid to the
county treasurer for the use of the general fund of that county.
The county auditor shall do all of the following:
(1) Retain for the use of the general fund of the county
one-fourth of the amount received by the county under division (D)
of this section;
(2) Pay into the general fund of any township located within
the county and containing such lands and nurseries one-fourth of
the amount received by the county from standing timber sold from
lands and nurseries located in the township;
(3) Request the board of education of any school district
located within the county and containing such lands and nurseries
to identify which fund or funds of the district should receive the
moneys available to the school district under division (D)(3) of
this section. After receiving notice from the board, the county
auditor shall pay into the fund or funds so identified one-half of
the amount received by the county from standing timber sold from
lands and nurseries located in the school district, distributed
proportionately as identified by the board.
The division of forestry shall not supply logs, lumber, or
other forest products or minerals, taken from the state forest
lands or state forest nurseries, to any other agency or
subdivision of the state unless payment is made therefor in the
amount of the actual prevailing value thereof. This section is
applicable to the moneys so received.
(E) The chief may enter into a personal service contract for
consulting services to assist the chief with the sale of timber or
other forest products and related inventory. Compensation for
consulting services shall be paid from the proceeds of the sale of
timber or other forest products and related inventory that are the
subject of the personal service contract.
Sec. 1505.01. The division of geological survey:
(A) Shall collect, study, and interpret all available
information pertaining to the geomorphology, stratigraphy,
paleontology, mineralogy, and geologic structure of the state and
shall publish reports on the same;
(B) Shall collect, study, and interpret all available data
pertaining to the origin, distribution, extent, use, and valuation
of mineralogical and geological raw materials and natural
resources such as: clays, coals, building stones, gypsum, salt,
limestones and, dolomite, aggregates, sand, gravel, shales for
cement and other uses, petroleum, oil, natural gas, brines, saline
deposits, molding sands, and other natural substances of use and
value, excluding only those pertaining to water usable as such for
agricultural, industrial, commercial, and domestic purposes, but
not excluding other rock fluids such as natural and artificial
brines and oil-well fluids;
(C) Shall make special studies and reports of resources of
geological nature within the state which that in its discretion
are of current or potential economic, environmental, or
educational significance or of significance to the health,
welfare, and safety of the public;
(D) May examine the technological processes by which mining,
quarrying, or other extracting processes may be improved, or by
which materials now uneconomical to exploit may be extracted and
used commercially for the public welfare;
(E) Shall make, store, catalog, and have available for
distribution
in perpetuity data, maps, diagrams, records, rock
cores, samples, profiles, and geologic sections portraying the
geological characteristics and topography of the state, both of
general nature and of specific localities;
(F) May, or at the request of other agencies of the state
government shall, advise and, consult, or collaborate with
representatives of
those agencies of the state, other state
governments, or the United States government on problems or issues
of a geological nature;
(G) Shall advise, consult, or collaborate with
representatives of agencies of the state, other state governments,
or the United States government on problems or issues of a
geological nature when requested by such an agency or government;
(H) May create custom maps, custom data sets, or other custom
products for government agencies, colleges and universities, and
persons;
(I) May provide information on the geological nature of the
state to government agencies, colleges and universities, and
persons.
Sec. 1505.011. (A) Custom maps, custom data sets, and other
custom products created and information provided pursuant to
divisions (H) and (I) of section 1505.01 of the Revised Code for
use by governmental agencies and colleges and universities are
intellectual property records as defined in section 149.43 of the
Revised Code and may be held confidential pursuant to a contract.
(B) Custom maps, custom data sets, and other custom products
created and information provided pursuant to divisions (H) and (I)
of section 1505.01 of the Revised Code for use by persons are
intellectual property records as defined in section 149.43 of the
Revised Code and shall be held confidential pursuant to a
contract.
Sec. 1505.04. (A) Any person, firm, government agency, or
corporation who, for hire, or by its own forces for economic use
or exploration, drills, bores, or digs within the state a well for
the production or extraction of any gas or liquid, excluding only
water to be used as such, but including natural or artificial
brines and oil-filled waters, or who drills wells, bores, or digs
within the state a well to explore geological formations, shall
keep a careful and accurate log of such
the activity and report
the same together with the results of any rock or fluid analyses
or of any production test results or pressure tests in such form
as is designated by the division of geological survey to the chief
of the division of geological survey.
(B) The division may file such well logs and establish and
observe such regulations regarding their availability and use as
will meet the legitimate requirements of the owner or lessee of
the well. Personnel of the division of may examine any such well
during its construction to confirm the accuracy of the log and to
collect samples of the cores, chips, fluids, gases, or sludge.
(C) No person, firm, agency, or corporation shall fail to
keep an accurate log or file a report as required in division (A)
of this section.
Sec. 1505.05. (A) Notwithstanding any other provision of the
Revised Code to the contrary, the chief of the division of
geological survey shall adopt rules under Chapter 119. of the
Revised Code that establish a fee schedule for requests for
manipulated, interpreted, or analyzed data from the geologic
records, data, maps, rock cores, and samples archived by the
division. The fee schedule may include the cost of specialized
storage requirements, programming, labor, research, retrieval,
data manipulation, and copying and mailing of records requested
from the archives. In addition, the rules shall establish
procedures for the levying and collection of the fees in the fee
schedule.
(B) For purposes of divisions (H) and (I) of section 1505.01
of the Revised Code, the chief shall adopt rules under Chapter
119. of the Revised Code that establish a fee schedule to be paid
for creating custom maps, custom data sets, and other custom
products and for providing geological information of the state.
The fee schedule may include the costs of labor, research,
analysis, equipment, and technology. In addition, the rules shall
establish procedures for the levying and collection of the fees in
the fee schedule.
(C) The chief may reduce or waive a fee in a fee schedule
established in rules adopted under division (A) or (B) of this
section for a student that is enrolled in an institution of higher
education.
(D) Any revision to a fee schedule established in rules
adopted under division (A) or (B) of this section shall be
established in rules adopted under Chapter 119. of the Revised
Code. A revision to a fee schedule is subject to review by the
Ohio geology advisory council created in section 1505.11 of the
Revised Code and to approval by the director of natural resources.
(E) All fees collected under this section shall be credited
to the geological mapping fund created in section 1505.09 of the
Revised Code.
Sec. 1505.06. The chief of the division of geological survey
in the discharge of his official duties under section sections
1505.01 to 1505.08, inclusive, of the Revised Code, may call to
his the chief's assistance, temporarily, any engineers or other
employees in any state department, or in the Ohio state
university, or other educational institutions financed wholly or
in part by the state, for the purpose of making studies, surveys,
maps, and plans for erosion economic development or geologic
hazards projects.
Such engineers and employees shall not receive any additional
compensation over that which they receive from the departments by
which they are employed, but they shall be reimbursed for their
actual necessary expenses incurred while working under the
direction of the chief on erosion the projects.
Sec. 1505.09. There is hereby created in the state treasury
the geological mapping fund, to be administered by the chief of
the division of geological survey. The fund shall be used
exclusively for the purposes of performing the necessary field,
laboratory, and administrative tasks to map and make public
reports on the geology, geologic hazards, and energy and mineral
resources of each county of the state. The source of moneys for
the fund shall include, but not be limited to, the mineral
severance tax as specified in section 5749.02 of the Revised Code
and the fees collected under rules adopted under section 1505.05
of the Revised Code. The chief may seek federal or other moneys in
addition to the mineral severance tax and fees to carry out the
purposes of this section. If the chief receives federal moneys for
the purposes of this section, he the chief shall deposit those
moneys into the state treasury to the credit of a fund which shall
be created at that time by the controlling board to carry out
those purposes. Other moneys received by the chief for the
purposes of this section in addition to the mineral severance tax,
fees, and federal moneys shall be credited to the geological
mapping fund.
Sec. 1505.11. There is hereby created in the department of
natural resources the Ohio geology advisory council consisting of
seven members to be appointed by the governor with the advice and
consent of the senate. No more than four of the members shall be
of the same political party. Members shall be persons who have a
demonstrated interest in Ohio the geology and mineral resources of
this state and whose expertise reflects the various
responsibilities of the division of geological survey. The council
shall include at least one representative from each of the
following: the oil and gas industry, the industrial minerals
industry, the coal industry, hydrogeology interests, environmental
geology interests, and an institution of higher education in this
state. The chief of the division of geological survey may
participate in the deliberations of the council, but shall not
vote.
Within ninety days after the effective date of this section
May 3, 1990, the governor shall make initial appointments to the
council. Of the initial appointments, three shall be for a term
ending one year after the effective date of this section May 3,
1990, three shall be for a term ending two years after the
effective date of this section May 3, 1990, and one shall be for a
term ending three years after the effective date of this section
May 3, 1990. Thereafter, terms of office shall be for three years,
with each term ending on the same day of the same month as did the
term that it succeeds. Members may be reappointed. The governor
may remove any member at any time for inefficiency, neglect of
duty, or malfeasance in office. Vacancies shall be filled in the
manner provided for original appointments. Any member appointed to
fill a vacancy prior to the expiration date of the term for which
his the member's predecessor was appointed shall hold office as a
member for the remainder of that term. A member shall continue in
office subsequent to the expiration date of his the member's term
until his the member's successor takes office or until a period of
sixty days has elapsed, whichever occurs first.
Serving as an appointed member on the council does not
constitute holding a public office or position of employment under
the laws of this state and does not constitute grounds for removal
of public officers or employees from their offices or positions of
employment.
Members shall serve without compensation, but shall be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties from moneys appropriated to
the division.
The council annually shall select from its members a
chairman
chairperson and a vice-chairman vice-chairperson. The council
shall hold at least one meeting each calendar quarter and shall
keep a record of its proceedings, which shall be open to public
inspection. Special meetings may be called by the chairman
chairperson and shall be called upon the written request of two or
more members. A majority of the members constitutes a quorum. The
division shall furnish clerical, technical, legal, and other
services required by the council in the performance of its duties.
The council shall do all of the following:
(A) Advise the chief of the division of geological survey in
carrying out the duties of the division under this chapter;
(B) Recommend policy and legislation with respect to geology,
resource analysis, and management that will promote the economic
and industrial development of the state while minimizing threats
to the natural environment of the state;
(C) Review and make recommendations on the development of
plans and programs for long-term, comprehensive geologic mapping
and analysis throughout the state;
(D) Recommend ways to enhance cooperation among governmental
agencies having an interest in Ohio the geology of the state to
encourage wise use and management of the geology and mineral
resources of the state. To this end, the council shall request
nonvoting representation from appropriate governmental agencies.
(E) Review and make recommendations with respect to changes
in the fee schedules established in rules adopted under section
1505.05 of the Revised Code.
Sec. 1505.99. (A) Whoever violates section 1505.07 of the
Revised Code shall be fined not less than one thousand nor more
than two thousand dollars on a first offense; on each subsequent
offense, the person shall be fined not less than two thousand nor
more than five thousand dollars.
(B) Whoever violates section 1505.04 or 1505.10 of the
Revised Code shall be fined not less than one hundred nor more
than one thousand dollars on a first offense; on each subsequent
offense, the person shall be fined not less than one thousand nor
more than two thousand dollars. Notwithstanding any section of the
Revised Code relating to the distribution or crediting of fines
for violations of the Revised Code, all fines imposed under this
division shall be paid into the geological mapping fund created in
section 1505.09 of the Revised Code.
Sec. 1509.01. As used in this chapter:
(A) "Well" means any borehole, whether drilled or bored,
within the state for production, extraction, or injection of any
gas or liquid mineral, excluding potable water to be used as such,
but including natural or artificial brines and oil field waters.
(B) "Oil" means crude petroleum oil and all other
hydrocarbons, regardless of gravity, that are produced in liquid
form by ordinary production methods, but does not include
hydrocarbons that were originally in a gaseous phase in the
reservoir.
(C) "Gas" means all natural gas and all other fluid
hydrocarbons that are not oil, including condensate.
(D) "Condensate" means liquid hydrocarbons that were
originally in the gaseous phase in the reservoir.
(E) "Pool" means an underground reservoir containing a common
accumulation of oil or gas, or both, but does not include a gas
storage reservoir. Each zone of a geological structure that is
completely separated from any other zone in the same structure may
contain a separate pool.
(F) "Field" means the general area underlaid by one or more
pools.
(G) "Drilling unit" means the minimum acreage on which one
well may be drilled, but does not apply to a well for injecting
gas into or removing gas from a gas storage reservoir.
(H) "Waste" includes all of the following:
(1) Physical waste, as that term generally is understood in
the oil and gas industry;
(2) Inefficient, excessive, or improper use, or the
unnecessary dissipation, of reservoir energy;
(3) Inefficient storing of oil or gas;
(4) Locating, drilling, equipping, operating, or producing an
oil or gas well in a manner that reduces or tends to reduce the
quantity of oil or gas ultimately recoverable under prudent and
proper operations from the pool into which it is drilled or that
causes or tends to cause unnecessary or excessive surface loss or
destruction of oil or gas;
(5) Other underground or surface waste in the production or
storage of oil, gas, or condensate, however caused.
(I) "Correlative rights" means the reasonable opportunity to
every person entitled thereto to recover and receive the oil and
gas in and under the person's tract or tracts, or the equivalent
thereof, without having to drill unnecessary wells or incur other
unnecessary expense.
(J) "Tract" means a single, individually taxed parcel of land
appearing on the tax list.
(K) "Owner," unless referring to a mine, means the person who
has the right to drill on a tract or drilling unit, to drill into
and produce from a pool, and to appropriate the oil or gas
produced therefrom either for the person or for others, except
that a person ceases to be an owner with respect to a well when
the well has been plugged in accordance with applicable rules
adopted and orders issued under this chapter. "Owner" does not
include a person who obtains a lease of the mineral rights for oil
and gas on a parcel of land if the person does not attempt to
produce or produce oil or gas from a well or obtain a permit under
this chapter for a well or if the entire interest of a well is
transferred to the person in accordance with division (B) of
section 1509.31 of the Revised Code.
(L) "Royalty interest" means the fee holder's share in the
production from a well.
(M) "Discovery well" means the first well capable of
producing oil or gas in commercial quantities from a pool.
(N) "Prepared clay" means a clay that is plastic and is
thoroughly saturated with fresh water to a weight and consistency
great enough to settle through saltwater in the well in which it
is to be used, except as otherwise approved by the chief of the
division of mineral oil and gas resources management.
(O) "Rock sediment" means the combined cutting and residue
from drilling sedimentary rocks and formation.
(P) "Excavations and workings," "mine," and "pillar" have the
same meanings as in section 1561.01 of the Revised Code.
(Q) "Coal bearing township" means a township designated as
such by the chief of the division of mineral resources management
under section 1561.06 of the Revised Code.
(R) "Gas storage reservoir" means a continuous area of a
subterranean porous sand or rock stratum or strata into which gas
is or may be injected for the purpose of storing it therein and
removing it therefrom and includes a gas storage reservoir as
defined in section 1571.01 of the Revised Code.
(S) "Safe Drinking Water Act" means the "Safe Drinking Water
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and
regulations adopted under those acts.
(T) "Person" includes any political subdivision, department,
agency, or instrumentality of this state; the United States and
any department, agency, or instrumentality thereof; and any legal
entity defined as a person under section 1.59 of the Revised Code.
(U) "Brine" means all saline geological formation water
resulting from, obtained from, or produced in connection with
exploration, drilling, well stimulation, production of oil or gas,
or plugging of a well.
(V) "Waters of the state" means all streams, lakes, ponds,
marshes, watercourses, waterways, springs, irrigation systems,
drainage systems, and other bodies of water, surface or
underground, natural or artificial, that are situated wholly or
partially within this state or within its jurisdiction, except
those private waters that do not combine or effect a junction with
natural surface or underground waters.
(W) "Exempt Mississippian well" means a well that meets all
of the following criteria:
(1) Was drilled and completed before January 1, 1980;
(2) Is located in an unglaciated part of the state;
(3) Was completed in a reservoir no deeper than the
Mississippian Big Injun sandstone in areas underlain by
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea
sandstone in areas directly underlain by Permian stratigraphy;
(4) Is used primarily to provide oil or gas for domestic use.
(X) "Exempt domestic well" means a well that meets all of the
following criteria:
(1) Is owned by the owner of the surface estate of the tract
on which the well is located;
(2) Is used primarily to provide gas for the owner's domestic
use;
(3) Is located more than two hundred feet horizontal distance
from any inhabited private dwelling house other than an inhabited
private dwelling house located on the tract on which the well is
located;
(4) Is located more than two hundred feet horizontal distance
from any public building that may be used as a place of resort,
assembly, education, entertainment, lodging, trade, manufacture,
repair, storage, traffic, or occupancy by the public.
(Y) "Urbanized area" means an area where a well or production
facilities of a well are located within a municipal corporation or
within a township that has an unincorporated population of more
than five thousand in the most recent federal decennial census
prior to the issuance of the permit for the well or production
facilities.
(Z) "Well stimulation" or "stimulation of a well" means the
process of enhancing well productivity, including hydraulic
fracturing operations.
(AA) "Production operation" means all operations and
activities and all related equipment, facilities, and other
structures that may be used in or associated with the exploration
and production of oil, gas, or other mineral resources that are
regulated under this chapter, including operations and activities
associated with site preparation, site construction, access
roads
road construction, well drilling, well completion, well
stimulation, well
operation site activities, site reclamation,
and well plugging. "Production operation" also includes all of the
following:
(1) The piping and, equipment, and facilities used for the
production and preparation of hydrocarbon gas or liquids for
transportation or delivery;
(2) The processes of extraction and recovery, lifting,
stabilization, treatment, separation, production processing,
storage, waste disposal, and measurement of hydrocarbon gas and
liquids, including related equipment and facilities;
(3) The processes and related equipment and facilities
associated with production compression, gas lift, gas injection,
and fuel gas supply, well drilling, well stimulation, and well
completion activities, including dikes, pits, and earthen and
other impoundments used for the temporary storage of fluids and
waste substances associated with well drilling, well stimulation,
and well completion activities.
(BB) "Annular overpressurization" means the accumulation of
fluids within an annulus with sufficient pressure to allow
migration of annular fluids into underground sources of drinking
water.
(CC) "Idle and orphaned well" means a well for which a bond
has been forfeited or an abandoned well for which no money is
available to plug the well in accordance with this chapter and
rules adopted under it.
(DD) "Temporarily inactive well" means a well that has been
granted temporary inactive status under section 1509.062 of the
Revised Code.
(EE) "Material and substantial violation" means any of the
following:
(1) Failure to obtain a permit to drill, reopen, convert,
plugback, or plug a well under this chapter;
(2) Failure to obtain or maintain insurance coverage that is
required under this chapter;
(3) Failure to obtain or maintain a surety bond that is
required under this chapter;
(4) Failure to plug an abandoned well or idle and orphaned
well unless the well has been granted temporary inactive status
under section 1509.062 of the Revised Code or the chief of the
division of oil and gas resources management has approved another
option concerning the abandoned well or idle and orphaned well;
(5) Failure to restore a disturbed land surface as required
by section 1509.072 of the Revised Code;
(6) Failure to reimburse the oil and gas well fund pursuant
to a final order issued under section 1509.071 of the Revised
Code;
(7) Failure to comply with a final nonappealable order of the
chief issued under section 1509.04 of the Revised Code.
(FF) "Severer" has the same meaning as in section 5749.01 of
the Revised Code.
Sec. 1509.02. There is hereby created in the department of
natural resources the division of mineral oil and gas resources
management, which shall be administered by the chief of the
division of
mineral oil and gas resources management. The
division has sole and exclusive authority to regulate the
permitting, location, and spacing of oil and gas wells and
production operations within the state. The regulation of oil and
gas activities is a matter of general statewide interest that
requires uniform statewide regulation, and this chapter and rules
adopted under it constitute a comprehensive plan with respect to
all aspects of the locating, drilling, well stimulation,
completing, and operating of oil and gas wells within this state,
including site construction and restoration, the permitting of
discharges related to those activities, and the disposal of wastes
from those wells. Nothing in this section affects the authority
granted to the director of transportation and local authorities in
section 723.01 or 4513.34 of the Revised Code, provided that the
authority granted under those sections shall not be exercised in a
manner that discriminates against, unfairly impedes, or obstructs
oil and gas activities and operations regulated under this
chapter.
The chief shall not hold any other public office, nor shall
the chief be engaged in any occupation or business that might
interfere with or be inconsistent with the duties as chief.
All moneys collected by the chief pursuant to sections
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.221,
1509.222, 1509.34, and 1509.50 of the Revised Code, ninety per
cent of moneys received by the treasurer of state from the tax
levied in divisions (A)(5) and (6) of section 5749.02 of the
Revised Code, all civil penalties paid under section 1509.33 of
the Revised Code, and, notwithstanding any section of the Revised
Code relating to the distribution or crediting of fines for
violations of the Revised Code, all fines imposed under divisions
(A) and (B) of section 1509.99 of the Revised Code and fines
imposed under divisions (C) and (D) of section 1509.99 of the
Revised Code for all violations prosecuted by the attorney general
and for violations prosecuted by prosecuting attorneys that do not
involve the transportation of brine by vehicle shall be deposited
into the state treasury to the credit of the oil and gas well
fund, which is hereby created. Fines imposed under divisions (C)
and (D) of section 1509.99 of the Revised Code for violations
prosecuted by prosecuting attorneys that involve the
transportation of brine by vehicle and penalties associated with a
compliance agreement entered into pursuant to this chapter shall
be paid to the county treasury of the county where the violation
occurred.
The fund shall be used solely and exclusively for the
purposes enumerated in division (B) of section 1509.071 of the
Revised Code, for the expenses of the division associated with the
administration of this chapter and Chapter 1571. of the Revised
Code and rules adopted under them, and for expenses that are
critical and necessary for the protection of human health and
safety and the environment related to oil and gas production in
this state. The expenses of the division in excess of the moneys
available in the fund shall be paid from general revenue fund
appropriations to the department.
Sec. 1509.021. On and after the effective date of this
section June 30, 2010, all of the following apply:
(A) The surface location of a new well or a tank battery of a
well shall not be within one hundred fifty feet of an occupied
dwelling that is located in an urbanized area unless the owner of
the land on which the occupied dwelling is located consents in
writing to the surface location of the well or tank battery of a
well less than one hundred fifty feet from the occupied dwelling
and the chief of the division of mineral oil and gas resources
management approves the written consent of that owner. However,
the chief shall not approve the written consent of such an owner
when the surface location of a new well or a tank battery of a
well will be within one hundred feet of an occupied dwelling that
is located in an urbanized area.
(B) The surface location of a new well shall not be within
one hundred fifty feet from the property line of a parcel of land
that is not in the drilling unit of the well if the parcel of land
is located in an urbanized area and directional drilling will be
used to drill the new well unless the owner of the parcel of land
consents in writing to the surface location of the well less than
one hundred fifty feet from the property line of the parcel of
land and the chief approves the written consent of that owner.
However, the chief shall not approve the written consent of such
an owner when the surface location of a new well will be less than
one hundred feet from the property line of the owner's parcel of
land that is not in the drilling unit of the well if the parcel of
land is located in an urbanized area and directional drilling will
be used.
(C) The surface location of a new well shall not be within
two hundred feet of an occupied dwelling that is located in an
urbanized area and that is located on land that has become part of
the drilling unit of the well pursuant to a mandatory pooling
order issued under section 1509.27 of the Revised Code unless the
owner of the land on which the occupied dwelling is located
consents in writing to the surface location of the well at a
distance that is less than two hundred feet from the occupied
dwelling. However, if the owner of the land on which the occupied
dwelling is located provides such written consent, the surface
location of the well shall not be within one hundred feet of the
occupied dwelling.
If an applicant cannot identify an owner of land or if an
owner of land is not responsive to attempts by the applicant to
contact the owner, the applicant may submit an affidavit to the
chief attesting to such an unidentifiable owner or to such
unresponsiveness of an owner and attempts by the applicant to
contact the owner and include a written request to reduce the
distance of the location of the well from the occupied dwelling to
less than two hundred feet. If the chief receives such an
affidavit and written request, the chief shall reduce the distance
of the location of the well from the occupied dwelling to a
distance of not less than one hundred feet.
(D) Except as otherwise provided in division (L) of this
section, the surface location of a new well shall not be within
one hundred fifty feet of the property line of a parcel of land
that is located in an urbanized area and that has become part of
the drilling unit of the well pursuant to a mandatory pooling
order issued under section 1509.27 of the Revised Code unless the
owner of the land consents in writing to the surface location of
the well at a distance that is less than one hundred fifty feet
from the owner's property line. However, if the owner of the land
provides such written consent, the surface location of the well
shall not be within seventy-five feet of the property line of the
owner's parcel of land.
If an applicant cannot identify an owner of land or if an
owner of land is not responsive to attempts by the applicant to
contact the owner, the applicant may submit an affidavit to the
chief attesting to such an unidentifiable owner or to such
unresponsiveness of an owner and attempts by the applicant to
contact the owner and include a written request to reduce the
distance of the location of the well from the property line of the
owner's parcel of land to less than one hundred fifty feet. If the
chief receives such an affidavit and written request, the chief
shall reduce the distance of the location of the well from the
property line to a distance of not less than seventy-five feet.
(E) The surface location of a new tank battery of a well
shall not be within one hundred fifty feet of an occupied dwelling
that is located in an urbanized area and that is located on land
that has become part of the drilling unit of the well pursuant to
a mandatory pooling order issued under section 1509.27 of the
Revised Code unless the owner of the land on which the occupied
dwelling is located consents in writing to the location of the
tank battery at a distance that is less than one hundred fifty
feet from the occupied dwelling. However, if the owner of the land
on which the occupied dwelling is located provides such written
consent, the location of the tank battery shall not be within one
hundred feet of the occupied dwelling.
If an applicant cannot identify an owner of land or if an
owner of land is not responsive to attempts by the applicant to
contact the owner, the applicant may submit an affidavit to the
chief attesting to such an unidentifiable owner or to such
unresponsiveness of an owner and attempts by the applicant to
contact the owner and include a written request to reduce the
distance of the location of the tank battery from the occupied
dwelling to less than one hundred fifty feet. If the chief
receives such an affidavit and written request, the chief shall
reduce the distance of the location of the tank battery from the
occupied dwelling to a distance of not less than one hundred feet.
(F) Except as otherwise provided in division (L) of this
section, the location of a new tank battery of a well shall not be
within seventy-five feet of the property line of a parcel of land
that is located in an urbanized area and that has become part of
the drilling unit of the well pursuant to a mandatory pooling
order issued under section 1509.27 of the Revised Code unless the
owner of the land consents in writing to the location of the tank
battery at a distance that is less than seventy-five feet from the
owner's property line. However, if the owner of the land provides
such written consent, the location of the tank battery shall not
be within the property line of the owner's parcel of land.
If an applicant cannot identify an owner of land or if an
owner of land is not responsive to attempts by the applicant to
contact the owner, the applicant may submit an affidavit to the
chief attesting to such an unidentifiable owner or to such
unresponsiveness of an owner and attempts by the applicant to
contact the owner and include a written request to reduce the
distance of the location of the tank battery from the property
line of the owner's parcel of land to less than seventy-five feet.
If the chief receives such an affidavit and written request, the
chief shall reduce the distance of the location of the tank
battery from the property line, provided that the tank battery
shall not be within the property line of the owner's parcel of
land.
(G) For purposes of divisions (C) to (F) of this section,
written consent of an owner of land may be provided by any of the
following:
(1) A copy of an original lease agreement as recorded in the
office of the county recorder of the county in which the occupied
dwelling or property is located that expressly provides for the
reduction of the distance of the location of a well or a tank
battery, as applicable, from an occupied dwelling or a property
line;
(2) A copy of a deed severing the oil or gas mineral rights,
as applicable, from the owner's parcel of land as recorded in the
office of the county recorder of the county in which the property
is located that expressly provides for the reduction of the
distance of the location of a well or a tank battery, as
applicable, from an occupied dwelling or a property line;
(3) A written statement that consents to the proposed
location of a well or a tank battery, as applicable, and that is
approved by the chief. For purposes of division (G)(3) of this
section, an applicant shall submit a copy of a written statement
to the chief.
(H) For areas that are not urbanized areas, the surface
location of a new well shall not be within one hundred feet of an
occupied private dwelling or of a public building that may be used
as a place of assembly, education, entertainment, lodging, trade,
manufacture, repair, storage, or occupancy by the public. This
division does not apply to a building or other structure that is
incidental to agricultural use of the land on which the building
or other structure is located unless the building or other
structure is used as an occupied private dwelling or for retail
trade.
(I) The surface location of a new well shall not be within
one hundred feet of any other well. However, an applicant may
submit a written statement to request the chief to authorize a new
well to be located at a distance that is less than one hundred
feet from another well. If the chief receives such a written
statement, the chief may authorize a new well to be located within
one hundred feet of another well if the chief determines that the
applicant satisfactorily has demonstrated that the location of the
new well at a distance that is less than one hundred feet from
another well is necessary to reduce impacts to the owner of the
land on which the well is to be located or to the surface of the
land on which the well is to be located.
(J) For areas that are not urbanized areas, the location of a
new tank battery of a well shall not be within one hundred feet of
an existing inhabited structure.
(K) The location of a new tank battery of a well shall not be
within fifty feet of any other well.
(L) The location of a new well or a new tank battery of a
well shall not be within fifty feet of a stream, river,
watercourse, water well, pond, lake, or other body of water.
However, the chief may authorize a new well or a new tank battery
of a well to be located at a distance that is less than fifty feet
from a stream, river, watercourse, water well, pond, lake, or
other body of water if the chief determines that the reduction in
the distance is necessary to reduce impacts to the owner of the
land on which the well or tank battery of a well is to be located
or to protect public safety or the environment.
(M) The surface location of a new well or a new tank battery
of a well shall not be within fifty feet of a railroad track or of
the traveled portion of a public street, road, or highway. This
division applies regardless of whether the public street, road, or
highway has become part of the drilling unit of the well pursuant
to a mandatory pooling order issued under section 1509.27 of the
Revised Code.
(M)(N) A new oil tank shall not be within three feet of
another oil tank.
(N)(O) The surface location of a mechanical separator shall
not be within any of the following:
(1) Fifty feet of a well;
(2) Ten feet of an oil tank;
(3) One hundred feet of an existing inhabited structure.
(O)(P) A vessel that is equipped in such a manner that the
contents of the vessel may be heated shall not be within any of
the following:
(1) Fifty feet of an oil production tank;
(2) Fifty feet of a well;
(3) One hundred feet of an existing inhabited structure;
(4) If the contents of the vessel are heated by a direct fire
heater, fifty feet of a mechanical separator.
Sec. 1509.022. Except as provided in section 1509.021 of the
Revised Code, the surface location of a new well that will be
drilled using directional drilling may be located on a parcel of
land that is not in the drilling unit of the well.
Sec. 1509.03. (A) The chief of the division of mineral oil
and gas resources management shall adopt, rescind, and amend, in
accordance with Chapter 119. of the Revised Code, rules for the
administration, implementation, and enforcement of this chapter.
The rules shall include an identification of the subjects that the
chief shall address when attaching terms and conditions to a
permit with respect to a well and production facilities of a well
that are located within an urbanized area. The subjects shall
include all of the following:
(1) Safety concerning the drilling or operation of a well;
(2) Protection of the public and private water supply;
(3) Fencing and screening of surface facilities of a well;
(4) Containment and disposal of drilling and production
wastes;
(5) Construction of access roads for purposes of the drilling
and operation of a well;
(6) Noise mitigation for purposes of the drilling of a well
and the operation of a well, excluding safety and maintenance
operations.
No person shall violate any rule of the chief adopted under
this chapter.
(B) Any order issuing, denying, or modifying a permit or
notices required to be made by the chief pursuant to this chapter
shall be made in compliance with Chapter 119. of the Revised Code,
except that personal service may be used in lieu of service by
mail. Every order issuing, denying, or modifying a permit under
this chapter and described as such shall be considered an
adjudication order for purposes of Chapter 119. of the Revised
Code.
Where notice to the owners is required by this chapter, the
notice shall be given as prescribed by a rule adopted by the chief
to govern the giving of notices. The rule shall provide for notice
by publication except in those cases where other types of notice
are necessary in order to meet the requirements of the law.
(C) The chief or the chief's authorized representative may at
any time enter upon lands, public or private, for the purpose of
administration or enforcement of this chapter, the rules adopted
or orders made thereunder, or terms or conditions of permits or
registration certificates issued thereunder and may examine and
copy records pertaining to the drilling, conversion, or operation
of a well for injection of fluids and logs required by division
(C) of section 1509.223 of the Revised Code. No person shall
prevent or hinder the chief or the chief's authorized
representative in the performance of official duties. If entry is
prevented or hindered, the chief or the chief's authorized
representative may apply for, and the court of common pleas may
issue, an appropriate inspection warrant necessary to achieve the
purposes of this chapter within the court's territorial
jurisdiction.
(D) The chief may issue orders to enforce this chapter, rules
adopted thereunder, and terms or conditions of permits issued
thereunder. Any such order shall be considered an adjudication
order for the purposes of Chapter 119. of the Revised Code. No
person shall violate any order of the chief issued under this
chapter. No person shall violate a term or condition of a permit
or registration certificate issued under this chapter.
(E) Orders of the chief denying, suspending, or revoking a
registration certificate; approving or denying approval of an
application for revision of a registered transporter's plan for
disposal; or to implement, administer, or enforce division (A) of
section 1509.224 and sections 1509.22, 1509.222, 1509.223,
1509.225, and 1509.226 of the Revised Code pertaining to the
transportation of brine by vehicle and the disposal of brine so
transported are not adjudication orders for purposes of Chapter
119. of the Revised Code. The chief shall issue such orders under
division (A) or (B) of section 1509.224 of the Revised Code, as
appropriate.
Sec. 1509.04. (A) The chief of the division of mineral oil
and gas resources management, or the chief's authorized
representatives, shall enforce this chapter and the rules, terms
and conditions of permits and registration certificates, and
orders adopted or issued pursuant thereto, except that any peace
officer, as defined in section 2935.01 of the Revised Code, may
arrest for violations of this chapter involving transportation of
brine by vehicle. The enforcement authority of the chief includes
the authority to issue compliance notices and to enter into
compliance agreements.
(B)(1) The chief or the chief's authorized representative may
issue an administrative order to an owner for a violation of this
chapter or rules adopted under it, terms and conditions of a
permit issued under it, a registration certificate that is
required under this chapter, or orders issued under this chapter.
(2) The chief may issue an order finding that an owner has
committed a material and substantial violation.
(C) The chief, by order, immediately may suspend drilling,
operating, or plugging activities that are related to a material
and substantial violation and suspend and revoke an unused permit
after finding either of the following:
(1) An owner has failed to comply with an order issued under
division (B)(2) of this section that is final and nonappealable.
(2) An owner is causing, engaging in, or maintaining a
condition or activity that the chief determines presents an
imminent danger to the health or safety of the public or that
results in or is likely to result in immediate substantial damage
to the natural resources of this state.
(D)(1) The chief may issue an order under division (C) of
this section without prior notification if reasonable attempts to
notify the owner have failed or if the owner is currently in
material breach of a prior order, but in such an event
notification shall be given as soon thereafter as practical.
(2) Not later than five days after the issuance of an order
under division (C) of this section, the chief shall provide the
owner an opportunity to be heard and to present evidence that one
of the following applies:
(a) The condition or activity does not present an imminent
danger to the public health or safety or is not likely to result
in immediate substantial damage to natural resources.
(b) Required records, reports, or logs have been submitted.
(3) If the chief, after considering evidence presented by the
owner under division (D)(2)(a) of this section, determines that
the activities do not present such a threat or that the required
records, reports, or logs have been submitted under division
(D)(2)(b) of this section, the chief shall revoke the order. The
owner may appeal an order to the court of common pleas of the
county in which the activity that is the subject of the order is
located.
(E) The chief may issue a bond forfeiture order pursuant to
section 1509.071 of the Revised Code for failure to comply with a
final nonappealable order issued or compliance agreement entered
into under this section.
(F) The chief may notify drilling contractors, transporters,
service companies, or other similar entities of the compliance
status of an owner.
If the owner fails to comply with a prior enforcement action
of the chief, the chief may issue a suspension order without prior
notification, but in such an event the chief shall give notice as
soon thereafter as practical. Not later than five calendar days
after the issuance of an order, the chief shall provide the owner
an opportunity to be heard and to present evidence that required
records, reports, or logs have been submitted. If the chief, after
considering the evidence presented by the owner, determines that
the requirements have been satisfied, the chief shall revoke the
suspension order. The owner may appeal a suspension order to the
court of common pleas of the county in which the activity that is
the subject of the suspension order is located.
(G) The prosecuting attorney of the county or the attorney
general, upon the request of the chief, may apply to the court of
common pleas in the county in which any of the provisions of this
chapter or any rules, terms or conditions of a permit or
registration certificate, or orders adopted or issued pursuant to
this chapter are being violated for a temporary restraining order,
preliminary injunction, or permanent injunction restraining any
person from such violation.
Sec. 1509.041. The chief of the division of mineral oil and
gas resources management shall maintain a database on the division
of
mineral oil and gas resources management's web site that is
accessible to the public. The database shall list each final
nonappealable order issued for a material and substantial
violation under this chapter. The list shall identify the
violator, the date on which the violation occurred, and the date
on which the violation was corrected.
Sec. 1509.05. No person shall drill a new well, drill an
existing well any deeper, reopen a well, convert a well to any use
other than its original purpose, or plug back a well to a source
of supply different from the existing pool, without having a
permit to do so issued by the chief of the division of mineral oil
and gas resources management, and until the original permit or a
photostatic copy thereof is posted or displayed in a conspicuous
and easily accessible place at the well site, with the name,
current address, and telephone number of the permit holder and the
telephone numbers for fire and emergency medical services
maintained on the posted permit or copy. The permit or a copy
shall be continuously displayed in that manner at all times during
the work authorized by the permit.
Sec. 1509.06. (A) An application for a permit to drill a new
well, drill an existing well deeper, reopen a well, convert a well
to any use other than its original purpose, or plug back a well to
a different source of supply, including associated production
operations, shall be filed with the chief of the division of
mineral oil and gas resources management upon such form as the
chief prescribes and shall contain each of the following that is
applicable:
(1) The name and address of the owner and, if a corporation,
the name and address of the statutory agent;
(2) The signature of the owner or the owner's authorized
agent. When an authorized agent signs an application, it shall be
accompanied by a certified copy of the appointment as such agent.
(3) The names and addresses of all persons holding the
royalty interest in the tract upon which the well is located or is
to be drilled or within a proposed drilling unit;
(4) The location of the tract or drilling unit on which the
well is located or is to be drilled identified by section or lot
number, city, village, township, and county;
(5) Designation of the well by name and number;
(6) The geological formation to be tested or used and the
proposed total depth of the well;
(7) The type of drilling equipment to be used;
(8) If the well is for the injection of a liquid, identity of
the geological formation to be used as the injection zone and the
composition of the liquid to be injected;
(9) For an application for a permit to drill a new well
within an urbanized area, a sworn statement that the applicant has
provided notice by regular mail of the application to the owner of
each parcel of real property that is located within five hundred
feet of the surface location of the well and to the executive
authority of the municipal corporation or the board of township
trustees of the township, as applicable, in which the well is to
be located. In addition, the notice shall contain a statement that
informs an owner of real property who is required to receive the
notice under division (A)(9) of this section that within five days
of receipt of the notice, the owner is required to provide notice
under section 1509.60 of the Revised Code to each residence in an
occupied dwelling that is located on the owner's parcel of real
property. The notice shall contain a statement that an application
has been filed with the division of mineral oil and gas resources
management, identify the name of the applicant and the proposed
well location, include the name and address of the division, and
contain a statement that comments regarding the application may be
sent to the division. The notice may be provided by hand delivery
or regular mail. The identity of the owners of parcels of real
property shall be determined using the tax records of the
municipal corporation or county in which a parcel of real property
is located as of the date of the notice.
(10) A plan for restoration of the land surface disturbed by
drilling operations. The plan shall provide for compliance with
the restoration requirements of division (A) of section 1509.072
of the Revised Code and any rules adopted by the chief pertaining
to that restoration.
(11) A description by name or number of the county, township,
and municipal corporation roads, streets, and highways that the
applicant anticipates will be used for access to and egress from
the well site;
(12) Such other relevant information as the chief prescribes
by rule.
Each application shall be accompanied by a map, on a scale
not smaller than four hundred feet to the inch, prepared by an
Ohio registered surveyor, showing the location of the well and
containing such other data as may be prescribed by the chief. If
the well is or is to be located within the excavations and
workings of a mine, the map also shall include the location of the
mine, the name of the mine, and the name of the person operating
the mine.
(B) The chief shall cause a copy of the weekly circular
prepared by the division to be provided to the county engineer of
each county that contains active or proposed drilling activity.
The weekly circular shall contain, in the manner prescribed by the
chief, the names of all applicants for permits, the location of
each well or proposed well, the information required by division
(A)(11) of this section, and any additional information the chief
prescribes. In addition, the chief promptly shall transfer an
electronic copy or facsimile, or if those methods are not
available to a municipal corporation or township, a copy via
regular mail, of a drilling permit application to the clerk of the
legislative authority of the municipal corporation or to the clerk
of the township in which the well or proposed well is or is to be
located if the legislative authority of the municipal corporation
or the board of township trustees has asked to receive copies of
such applications and the appropriate clerk has provided the chief
an accurate, current electronic mailing address or facsimile
number, as applicable.
(C)(1) Except as provided in division (C)(2) of this section,
the chief shall not issue a permit for at least ten days after the
date of filing of the application for the permit unless, upon
reasonable cause shown, the chief waives that period or a request
for expedited review is filed under this section. However, the
chief shall issue a permit within twenty-one days of the filing of
the application unless the chief denies the application by order.
(2) If the location of a well or proposed well will be or is
within an urbanized area, the chief shall not issue a permit for
at least eighteen days after the date of filing of the application
for the permit unless, upon reasonable cause shown, the chief
waives that period or the chief at the chief's discretion grants a
request for an expedited review. However, the chief shall issue a
permit for a well or proposed well within an urbanized area within
thirty days of the filing of the application unless the chief
denies the application by order.
(D) An applicant may file a request with the chief for
expedited review of a permit application if the well is not or is
not to be located in a gas storage reservoir or reservoir
protective area, as "reservoir protective area" is defined in
section 1571.01 of the Revised Code. If the well is or is to be
located in a coal bearing township, the application shall be
accompanied by the affidavit of the landowner prescribed in
section 1509.08 of the Revised Code.
In addition to a complete application for a permit that meets
the requirements of this section and the permit fee prescribed by
this section, a request for expedited review shall be accompanied
by a separate nonrefundable filing fee of two hundred fifty
dollars. Upon the filing of a request for expedited review, the
chief shall cause the county engineer of the county in which the
well is or is to be located to be notified of the filing of the
permit application and the request for expedited review by
telephone or other means that in the judgment of the chief will
provide timely notice of the application and request. The chief
shall issue a permit within seven days of the filing of the
request unless the chief denies the application by order.
Notwithstanding the provisions of this section governing expedited
review of permit applications, the chief may refuse to accept
requests for expedited review if, in the chief's judgment, the
acceptance of the requests would prevent the issuance, within
twenty-one days of their filing, of permits for which applications
are pending.
(E) A well shall be drilled and operated in accordance with
the plans, sworn statements, and other information submitted in
the approved application.
(F) The chief shall issue an order denying a permit if the
chief finds that there is a substantial risk that the operation
will result in violations of this chapter or rules adopted under
it that will present an imminent danger to public health or safety
or damage to the environment, provided that where the chief finds
that terms or conditions to the permit can reasonably be expected
to prevent such violations, the chief shall issue the permit
subject to those terms or conditions, including, if applicable,
terms and conditions regarding subjects identified in rules
adopted under section 1509.03 of the Revised Code. The issuance of
a permit shall not be considered an order of the chief.
(G) Each application for a permit required by section 1509.05
of the Revised Code, except an application to plug back an
existing well that is required by that section and an application
for a well drilled or reopened for purposes of section 1509.22 of
the Revised Code, also shall be accompanied by a nonrefundable fee
as follows:
(1) Five hundred dollars for a permit to conduct activities
in a township with a population of fewer than ten thousand;
(2) Seven hundred fifty dollars for a permit to conduct
activities in a township with a population of ten thousand or
more, but fewer than fifteen thousand;
(3) One thousand dollars for a permit to conduct activities
in either of the following:
(a) A township with a population of fifteen thousand or more;
(b) A municipal corporation regardless of population.
(4) If the application is for a permit that requires
mandatory pooling, an additional five thousand dollars.
For purposes of calculating fee amounts, populations shall be
determined using the most recent federal decennial census.
Each application for the revision or reissuance of a permit
shall be accompanied by a nonrefundable fee of two hundred fifty
dollars.
(H) Prior to the issuance of a permit to drill a proposed
well that is to be located in an urbanized area, the division
shall conduct a site review to identify and evaluate any
site-specific terms and conditions that may be attached to the
permit. At the site review, a representative of the division shall
consider fencing, screening, and landscaping requirements, if any,
for similar structures in the community in which the well is
proposed to be located. The terms and conditions that are attached
to the permit shall include the establishment of fencing,
screening, and landscaping requirements for the surface facilities
of the proposed well, including a tank battery of the well.
(I) A permit shall be issued by the chief in accordance with
this chapter. A permit issued under this section for a well that
is or is to be located in an urbanized area shall be valid for
twelve months, and all other permits issued under this section
shall be valid for twenty-four months.
(J) A permittee or a permittee's authorized representative
shall notify an inspector from the division of mineral resources
management at least twenty-four hours, or another time period
agreed to by the chief's authorized representative, prior to the
commencement of drilling, reopening, converting, well stimulation,
or plugback operations.
Sec. 1509.061. An owner of a well who has been issued a
permit under section 1509.06 of the Revised Code may submit to the
chief of the division of mineral oil and gas resources management,
on a form prescribed by the chief, a request to revise an existing
tract upon which exists a producing or idle well. The chief shall
adopt, and may amend and rescind, rules under section 1509.03 of
the Revised Code that are necessary for the administration of this
section. The rules at least shall stipulate the information to be
included on the request form and shall establish a fee to be paid
by the person submitting the request, which fee shall not exceed
two hundred fifty dollars.
The chief shall approve a request submitted under this
section unless it would result in a violation of this chapter or
rules adopted under it, including provisions establishing spacing
or minimum acreage requirements.
Sec. 1509.062. (A)(1) The owner of a well that has not been
completed, a well that has not produced within one year after
completion, or an existing well that has no reported production
for two consecutive reporting periods as reported in accordance
with section 1509.11 of the Revised Code shall plug the well in
accordance with section 1509.12 of the Revised Code, obtain
temporary inactive well status for the well in accordance with
this section, or perform another activity regarding the well that
is approved by the chief of the division of mineral oil and gas
resources management.
(2) If a well has a reported annual production that is less
than one hundred thousand cubic feet of natural gas or fifteen
barrels of crude oil, or a combination thereof, the chief may
require the owner of the well to submit an application for
temporary inactive well status under this section for the well.
(B) In order for the owner of a well to submit an application
for temporary inactive well status for the well under this
division, the owner and the well shall be in compliance with this
chapter and rules adopted under it, any terms and conditions of
the permit for the well, and applicable orders issued by the
chief. An application for temporary inactive status for a well
shall be submitted to the chief on a form prescribed and provided
by the chief and shall contain all of the following:
(1) The owner's name and address and, if the owner is a
corporation, the name and address of the corporation's statutory
agent;
(2) The signature of the owner or of the owner's authorized
agent. When an authorized agent signs an application, the
application shall be accompanied by a certified copy of the
appointment as such agent.
(3) The permit number assigned to the well. If the well has
not been assigned a permit number, the chief shall assign a permit
number to the well.
(4) A map, on a scale not smaller than four hundred feet to
the inch, that shows the location of the well and the tank
battery, that includes the latitude and longitude of the well, and
that contains all other data that are required by the chief;
(5) A demonstration that the well is of future utility and
that the applicant has a viable plan to utilize the well within a
reasonable period of time;
(6) A demonstration that the well poses no threat to the
health or safety of persons, property, or the environment;
(7) Any other relevant information that the chief prescribes
by rule.
The chief may waive any of the requirements established in
divisions (B)(1) to (6) of this section if the division of mineral
oil and gas resources management possesses a current copy of the
information or document that is required in the applicable
division.
(C) Upon receipt of an application for temporary inactive
well status, the chief shall review the application and shall
either deny the application by issuing an order or approve the
application. The chief shall approve the application only if the
chief determines that the well that is the subject of the
application poses no threat to the health or safety of persons,
property, or the environment. If the chief approves the
application, the chief shall notify the applicant of the chief's
approval. Upon receipt of the chief's approval, the owner shall
shut in the well and empty all liquids and gases from all storage
tanks, pipelines, and other equipment associated with the well. In
addition, the owner shall maintain the well, other equipment
associated with the well, and the surface location of the well in
a manner that prevents hazards to the health and safety of people
and the environment. The owner shall inspect the well at least
every six months and submit to the chief within fourteen days
after the inspection a record of inspection on a form prescribed
and provided by the chief.
(D) Not later than thirty days prior to the expiration of
temporary inactive well status or a renewal of temporary inactive
well status approved by the chief for a well, the owner of the
well may submit to the chief an application for renewal of the
temporary inactive well status on a form prescribed and provided
by the chief. The application shall include a detailed plan that
describes the ultimate disposition of the well, the time frames
for that disposition, and any other information that the chief
determines is necessary. The chief shall either deny an
application by order or approve the application. If the chief
approves the application, the chief shall notify the owner of the
well of the chief's approval.
(E) An application for temporary inactive well status shall
be accompanied by a nonrefundable fee of one hundred dollars. An
application for a renewal of temporary inactive well status shall
be accompanied by a nonrefundable fee of two hundred fifty dollars
for the first renewal and five hundred dollars for each subsequent
renewal.
(F) After a third renewal, the chief may require an owner to
provide a surety bond in an amount not to exceed ten thousand
dollars for each of the owner's wells that has been approved by
the chief for temporary inactive well status.
(G) Temporary inactive well status approved by the chief
expires one year after the date of approval of the application for
temporary inactive well status or production from the well
commences, whichever occurs sooner. In addition, a renewal of a
temporary inactive well status expires one year after the
expiration date of the initial temporary inactive well status or
one year after the expiration date of the previous renewal of the
temporary inactive well status, as applicable, or production from
the well commences, whichever occurs sooner.
(H) The owner of a well that has been approved by the chief
for temporary inactive well status may commence production from
the well at any time. Not later than sixty days after the
commencement of production from such a well, the owner shall
notify the chief of the commencement of production.
(I) This chapter and rules adopted under it, any terms and
conditions of the permit for a well, and applicable orders issued
by the chief apply to a well that has been approved by the chief
for temporary inactive well status or renewal of that status.
Sec. 1509.07. An owner of any well, except an exempt
Mississippian well or an exempt domestic well, shall obtain
liability insurance coverage from a company authorized to do
business in this state in an amount of not less than one million
dollars bodily injury coverage and property damage coverage to pay
damages for injury to persons or damage to property caused by the
drilling, operation, or plugging of all the owner's wells in this
state. However, if any well is located within an urbanized area,
the owner shall obtain liability insurance coverage in an amount
of not less than three million dollars for bodily injury coverage
and property damage coverage to pay damages for injury to persons
or damage to property caused by the drilling, operation, or
plugging of all of the owner's wells in this state. The owner
shall maintain the coverage until all the owner's wells are
plugged and abandoned or are transferred to an owner who has
obtained insurance as required under this section and who is not
under a notice of material and substantial violation or under a
suspension order. The owner shall provide proof of liability
insurance coverage to the chief of the division of mineral oil and
gas resources management upon request. Upon failure of the owner
to provide that proof when requested, the chief may order the
suspension of any outstanding permits and operations of the owner
until the owner provides proof of the required insurance coverage.
Except as otherwise provided in this section, an owner of any
well, before being issued a permit under section 1509.06 of the
Revised Code or before operating or producing from a well, shall
execute and file with the division of mineral oil and gas
resources management a surety bond conditioned on compliance with
the restoration requirements of section 1509.072, the plugging
requirements of section 1509.12, the permit provisions of section
1509.13 of the Revised Code, and all rules and orders of the chief
relating thereto, in an amount set by rule of the chief.
The owner may deposit with the chief, instead of a surety
bond, cash in an amount equal to the surety bond as prescribed
pursuant to this section or negotiable certificates of deposit or
irrevocable letters of credit, issued by any bank organized or
transacting business in this state or by any savings and loan
association as defined in section 1151.01 of the Revised Code,
having a cash value equal to or greater than the amount of the
surety bond as prescribed pursuant to this section. Cash or
certificates of deposit shall be deposited upon the same terms as
those upon which surety bonds may be deposited. If certificates of
deposit are deposited with the chief instead of a surety bond, the
chief shall require the bank or savings and loan association that
issued any such certificate to pledge securities of a cash value
equal to the amount of the certificate that is in excess of the
amount insured by any of the agencies and instrumentalities
created under the "Federal Deposit Insurance Act," 64 Stat. 873
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under
it, including at least the federal deposit insurance corporation,
bank insurance fund, and savings association insurance fund. The
securities shall be security for the repayment of the certificate
of deposit.
Immediately upon a deposit of cash, certificates of deposit,
or letters of credit with the chief, the chief shall deliver them
to the treasurer of state who shall hold them in trust for the
purposes for which they have been deposited.
Instead of a surety bond, the chief may accept proof of
financial responsibility consisting of a sworn financial statement
showing a net financial worth within this state equal to twice the
amount of the bond for which it substitutes and, as may be
required by the chief, a list of producing properties of the owner
within this state or other evidence showing ability and intent to
comply with the law and rules concerning restoration and plugging
that may be required by rule of the chief. The owner of an exempt
Mississippian well is not required to file scheduled updates of
the financial documents, but shall file updates of those documents
if requested to do so by the chief. The owner of a nonexempt
Mississippian well shall file updates of the financial documents
in accordance with a schedule established by rule of the chief.
The chief, upon determining that an owner for whom the chief has
accepted proof of financial responsibility instead of bond cannot
demonstrate financial responsibility, shall order that the owner
execute and file a bond or deposit cash, certificates of deposit,
or irrevocable letters of credit as required by this section for
the wells specified in the order within ten days of receipt of the
order. If the order is not complied with, all wells of the owner
that are specified in the order and for which no bond is filed or
cash, certificates of deposit, or letters of credit are deposited
shall be plugged. No owner shall fail or refuse to plug such a
well. Each day on which such a well remains unplugged thereafter
constitutes a separate offense.
The surety bond provided for in this section shall be
executed by a surety company authorized to do business in this
state.
The chief shall not approve any bond until it is personally
signed and acknowledged by both principal and surety, or as to
either by the principal's or surety's attorney in fact, with a
certified copy of the power of attorney attached thereto. The
chief shall not approve a bond unless there is attached a
certificate of the superintendent of insurance that the company is
authorized to transact a fidelity and surety business in this
state.
All bonds shall be given in a form to be prescribed by the
chief and shall run to the state as obligee.
An owner of an exempt Mississippian well or an exempt
domestic well, in lieu of filing a surety bond, cash in an amount
equal to the surety bond, certificates of deposit, irrevocable
letters of credit, or a sworn financial statement, may file a
one-time fee of fifty dollars, which shall be deposited in the oil
and gas well plugging fund created in section 1509.071 of the
Revised Code.
An owner, operator, producer, or other person shall not
operate a well or produce from a well at any time if the owner,
operator, producer, or other person has not satisfied the
requirements established in this section.
Sec. 1509.071. (A) When the chief of the division of mineral
oil and gas resources management finds that an owner has failed to
comply with a final nonappealable order issued or compliance
agreement entered into under section 1509.04, the restoration
requirements of section 1509.072, plugging requirements of section
1509.12, or permit provisions of section 1509.13 of the Revised
Code, or rules and orders relating thereto, the chief shall make a
finding of that fact and declare any surety bond filed to ensure
compliance with those sections and rules forfeited in the amount
set by rule of the chief. The chief thereupon shall certify the
total forfeiture to the attorney general, who shall proceed to
collect the amount of the forfeiture. In addition, the chief may
require an owner, operator, producer, or other person who
forfeited a surety bond to post a new surety bond in the amount of
fifteen thousand dollars for a single well, thirty thousand
dollars for two wells, or fifty thousand dollars for three or more
wells.
In lieu of total forfeiture, the surety or owner, at the
surety's or owner's option, may cause the well to be properly
plugged and abandoned and the area properly restored or pay to the
treasurer of state the cost of plugging and abandonment.
(B) All moneys collected because of forfeitures of bonds as
provided in this section shall be deposited in the state treasury
to the credit of the oil and gas well fund created in section
1509.02 of the Revised Code.
The chief annually shall spend not less than fourteen per
cent of the revenue credited to the fund during the previous
fiscal year for the following purposes:
(1) In accordance with division (D) of this section, to plug
idle and orphaned wells or to restore the land surface properly as
required in section 1509.072 of the Revised Code;
(2) In accordance with division (E) of this section, to
correct conditions that the chief reasonably has determined are
causing imminent health or safety risks at an idle and orphaned
well or a well for which the owner cannot be contacted in order to
initiate a corrective action within a reasonable period of time as
determined by the chief.
Expenditures from the fund shall be made only for lawful
purposes. In addition, expenditures from the fund shall not be
made to purchase real property or to remove a dwelling in order to
access a well.
(C)(1) Upon determining that the owner of a well has failed
to properly plug and abandon it or to properly restore the land
surface at the well site in compliance with the applicable
requirements of this chapter and applicable rules adopted and
orders issued under it or that a well is an abandoned well for
which no funds are available to plug the well in accordance with
this chapter, the chief shall do all of the following:
(a) Determine from the records in the office of the county
recorder of the county in which the well is located the identity
of the owner of the land on which the well is located, the
identity of the owner of the oil or gas lease under which the well
was drilled or the identity of each person owning an interest in
the lease, and the identities of the persons having legal title
to, or a lien upon, any of the equipment appurtenant to the well;
(b) Mail notice to the owner of the land on which the well is
located informing the landowner that the well is to be plugged. If
the owner of the oil or gas lease under which the well was drilled
is different from the owner of the well or if any persons other
than the owner of the well own interests in the lease, the chief
also shall mail notice that the well is to be plugged to the owner
of the lease or to each person owning an interest in the lease, as
appropriate.
(c) Mail notice to each person having legal title to, or a
lien upon, any equipment appurtenant to the well, informing the
person that the well is to be plugged and offering the person the
opportunity to plug the well and restore the land surface at the
well site at the person's own expense in order to avoid forfeiture
of the equipment to this state.
(2) If none of the persons described in division (C)(1)(c) of
this section plugs the well within sixty days after the mailing of
the notice required by that division, all equipment appurtenant to
the well is hereby declared to be forfeited to this state without
compensation and without the necessity for any action by the state
for use to defray the cost of plugging and abandoning the well and
restoring the land surface at the well site.
(D) Expenditures from the fund for the purpose of division
(B)(1) of this section shall be made in accordance with either of
the following:
(1) The expenditures may be made pursuant to contracts
entered into by the chief with persons who agree to furnish all of
the materials, equipment, work, and labor as specified and
provided in such a contract for activities associated with the
restoration or plugging of a well as determined by the chief. The
activities may include excavation to uncover a well, geophysical
methods to locate a buried well when clear evidence of leakage
from the well exists, cleanout of wellbores to remove material
from a failed plugging of a well, plugging operations,
installation of vault and vent systems, including associated
engineering certifications and permits, restoration of property,
and repair of damage to property that is caused by such
activities. Expenditures shall not be used for salaries,
maintenance, equipment, or other administrative purposes, except
for costs directly attributed to the plugging of an idle and
orphaned well. Agents or employees of persons contracting with the
chief for a restoration or plugging project may enter upon any
land, public or private, on which the well is located for the
purpose of performing the work. Prior to such entry, the chief
shall give to the following persons written notice of the
existence of a contract for a project to restore or plug a well,
the names of the persons with whom the contract is made, and the
date that the project will commence: the owner of the well, the
owner of the land upon which the well is located, the owner or
agents of adjoining land, and, if the well is located in the same
township as or in a township adjacent to the excavations and
workings of a mine and the owner or lessee of that mine has
provided written notice identifying those townships to the chief
at any time during the immediately preceding three years, the
owner or lessee of the mine.
(2)(a) The owner of the land on which a well is located who
has received notice under division (C)(1)(b) of this section may
plug the well and be reimbursed by the division of oil and gas
resources management for the reasonable cost of plugging the well.
In order to plug the well, the landowner shall submit an
application to the chief on a form prescribed by the chief and
approved by the technical advisory council on oil and gas created
in section 1509.38 of the Revised Code. The application, at a
minimum, shall require the landowner to provide the same
information as is required to be included in the application for a
permit to plug and abandon under section 1509.13 of the Revised
Code. The application shall be accompanied by a copy of a proposed
contract to plug the well prepared by a contractor regularly
engaged in the business of plugging oil and gas wells. The
proposed contract shall require the contractor to furnish all of
the materials, equipment, work, and labor necessary to plug the
well properly and shall specify the price for doing the work,
including a credit for the equipment appurtenant to the well that
was forfeited to the state through the operation of division
(C)(2) of this section. Expenditures under division (D)(2)(a) of
this section shall be consistent with the expenditures for
activities described in division (D)(1) of this section. The
application also shall be accompanied by the permit fee required
by section 1509.13 of the Revised Code unless the chief, in the
chief's discretion, waives payment of the permit fee. The
application constitutes an application for a permit to plug and
abandon the well for the purposes of section 1509.13 of the
Revised Code.
(b) Within thirty days after receiving an application and
accompanying proposed contract under division (D)(2)(a) of this
section, the chief shall determine whether the plugging would
comply with the applicable requirements of this chapter and
applicable rules adopted and orders issued under it and whether
the cost of the plugging under the proposed contract is
reasonable. If the chief determines that the proposed plugging
would comply with those requirements and that the proposed cost of
the plugging is reasonable, the chief shall notify the landowner
of that determination and issue to the landowner a permit to plug
and abandon the well under section 1509.13 of the Revised Code.
Upon approval of the application and proposed contract, the chief
shall transfer ownership of the equipment appurtenant to the well
to the landowner. The chief may disapprove an application
submitted under division (D)(2)(a) of this section if the chief
determines that the proposed plugging would not comply with the
applicable requirements of this chapter and applicable rules
adopted and orders issued under it, that the cost of the plugging
under the proposed contract is unreasonable, or that the proposed
contract is not a bona fide, arms arm's length contract.
(c) After receiving the chief's notice of the approval of the
application and permit to plug and abandon a well under division
(D)(2)(b) of this section, the landowner shall enter into the
proposed contract to plug the well.
(d) Upon determining that the plugging has been completed in
compliance with the applicable requirements of this chapter and
applicable rules adopted and orders issued under it, the chief
shall reimburse the landowner for the cost of the plugging as set
forth in the proposed contract approved by the chief. The
reimbursement shall be paid from the oil and gas well fund. If the
chief determines that the plugging was not completed in accordance
with the applicable requirements, the chief shall not reimburse
the landowner for the cost of the plugging, and the landowner or
the contractor, as applicable, promptly shall transfer back to
this state title to and possession of the equipment appurtenant to
the well that previously was transferred to the landowner under
division (D)(2)(b) of this section. If any such equipment was
removed from the well during the plugging and sold, the landowner
shall pay to the chief the proceeds from the sale of the
equipment, and the chief promptly shall pay the moneys so received
to the treasurer of state for deposit into the oil and gas well
fund.
The chief may establish an annual limit on the number of
wells that may be plugged under division (D)(2) of this section or
an annual limit on the expenditures to be made under that
division.
As used in division (D)(2) of this section, "plug" and
"plugging" include the plugging of the well and the restoration of
the land surface disturbed by the plugging.
(E) Expenditures from the oil and gas well fund for the
purpose of division (B)(2) of this section may be made pursuant to
contracts entered into by the chief with persons who agree to
furnish all of the materials, equipment, work, and labor as
specified and provided in such a contract. The competitive bidding
requirements of Chapter 153. of the Revised Code do not apply if
the chief reasonably determines that correction of the applicable
health or safety risk requires immediate action. The chief,
designated representatives of the chief, and agents or employees
of persons contracting with the chief under this division may
enter upon any land, public or private, for the purpose of
performing the work.
(F) Contracts entered into by the chief under this section
are not subject to either of the following:
(1) Chapter 4115. of the Revised Code;
(2) Section 153.54 of the Revised Code, except that the
contractor shall obtain and provide to the chief as a bid guaranty
a surety bond or letter of credit in an amount equal to ten per
cent of the amount of the contract.
(G) The owner of land on which a well is located who has
received notice under division (C)(1)(b) of this section, in lieu
of plugging the well in accordance with division (D)(2) of this
section, may cause ownership of the well to be transferred to an
owner who is lawfully doing business in this state and who has met
the financial responsibility requirements established under
section 1509.07 of the Revised Code, subject to the approval of
the chief. The transfer of ownership also shall be subject to the
landowner's filing the appropriate forms required under section
1509.31 of the Revised Code and providing to the chief sufficient
information to demonstrate the landowner's or owner's right to
produce a formation or formations. That information may include a
deed, a lease, or other documentation of ownership or property
rights.
The chief shall approve or disapprove the transfer of
ownership of the well. If the chief approves the transfer, the
owner is responsible for operating the well in accordance with
this chapter and rules adopted under it, including, without
limitation, all of the following:
(1) Filing an application with the chief under section
1509.06 of the Revised Code if the owner intends to drill deeper
or produce a formation that is not listed in the records of the
division for that well;
(2) Taking title to and possession of the equipment
appurtenant to the well that has been identified by the chief as
having been abandoned by the former owner;
(3) Complying with all applicable requirements that are
necessary to drill deeper, plug the well, or plug back the well.
(H) The chief shall issue an order that requires the owner of
a well to pay the actual documented costs of a corrective action
that is described in division (B)(2) of this section concerning
the well. The chief shall transmit the money so recovered to the
treasurer of state who shall deposit the money in the state
treasury to the credit of the oil and gas well fund.
Sec. 1509.072. No oil or gas well owner or agent of an oil
or gas well owner shall fail to restore the land surface within
the area disturbed in siting, drilling, completing, and producing
the well as required in this section.
(A) Within fourteen days after the date upon which the
drilling of a well is completed to total depth in an urbanized
area and within two months after the date upon which the drilling
of a well is completed in all other areas, the owner or the
owner's agent, in accordance with the restoration plan filed under
division (A)(10) of section 1509.06 of the Revised Code, shall
fill all the pits for containing brine and other waste substances
resulting, obtained, or produced in connection with exploration or
drilling for oil or gas that are not required by other state or
federal law or regulation, and remove all drilling supplies and
drilling equipment. Unless the chief of the division of mineral
oil and gas resources management approves a longer time period,
within three months after the date upon which the surface drilling
of a well is commenced in an urbanized area and within six months
after the date upon which the surface drilling of a well is
commenced in all other areas, the owner or the owner's agent shall
grade or terrace and plant, seed, or sod the area disturbed that
is not required in production of the well where necessary to bind
the soil and prevent substantial erosion and sedimentation. If the
chief finds that a pit used for containing brine, other waste
substances, or oil is in violation of section 1509.22 of the
Revised Code or rules adopted or orders issued under it, the chief
may require the pit to be emptied and closed before expiration of
the fourteen-day or three-month restoration period.
(B) Within three months after a well that has produced oil or
gas is plugged in an urbanized area and within six months after a
well that has produced oil or gas is plugged in all other areas,
or after the plugging of a dry hole, unless the chief approves a
longer time period, the owner or the owner's agent shall remove
all production and storage structures, supplies, and equipment,
and any oil, salt water, and debris, and fill any remaining
excavations. Within that period the owner or the owner's agent
shall grade or terrace and plant, seed, or sod the area disturbed
where necessary to bind the soil and prevent substantial erosion
and sedimentation.
The owner shall be released from responsibility to perform
any or all restoration requirements of this section on any part or
all of the area disturbed upon the filing of a request for a
waiver with and obtaining the written approval of the chief, which
request shall be signed by the surface owner to certify the
approval of the surface owner of the release sought. The chief
shall approve the request unless the chief finds upon inspection
that the waiver would be likely to result in substantial damage to
adjoining property, substantial contamination of surface or
underground water, or substantial erosion or sedimentation.
The chief, by order, may shorten the time periods provided
for under division (A) or (B) of this section if failure to
shorten the periods would be likely to result in damage to public
health or the waters or natural resources of the state.
The chief, upon written application by an owner or an owner's
agent showing reasonable cause, may extend the period within which
restoration shall be completed under divisions (A) and (B) of this
section, but not to exceed a further six-month period, except
under extraordinarily adverse weather conditions or when essential
equipment, fuel, or labor is unavailable to the owner or the
owner's agent.
If the chief refuses to approve a request for waiver or
extension, the chief shall do so by order.
Sec. 1509.073. A person that is issued a permit under this
chapter to drill a new well or drill an existing well deeper in an
urbanized area shall establish fluid drilling conditions prior to
penetration of the Onondaga limestone and continue to use fluid
drilling until total depth of the well is achieved unless the
chief of the division of mineral oil and gas resources management
authorizes such drilling without using fluid.
Sec. 1509.08. Upon receipt of an application for a permit
required by section 1509.05 of the Revised Code, or upon receipt
of an application for a permit to plug and abandon under section
1509.13 of the Revised Code, the chief of the division of mineral
oil and gas resources management shall determine whether the well
is or is to be located in a coal bearing township.
Whether or not the well is or is to be located in a coal
bearing township, the chief, by order, may refuse to issue a
permit required by section 1509.05 of the Revised Code to any
applicant who at the time of applying for the permit is in
material or substantial violation of this chapter or rules adopted
or orders issued under it. The chief shall refuse to issue a
permit to any applicant who at the time of applying for the permit
has been found liable by a final nonappealable order of a court of
competent jurisdiction for damage to streets, roads, highways,
bridges, culverts, or drainways pursuant to section 4513.34 or
5577.12 of the Revised Code until the applicant provides the chief
with evidence of compliance with the order. No applicant shall
attempt to circumvent this provision by applying for a permit
under a different name or business organization name, by
transferring responsibility to another person or entity, by
abandoning the well or lease, or by any other similar act.
If the well is not or is not to be located in a coal bearing
township, or if it is to be located in a coal bearing township,
but the landowner submits an affidavit attesting to ownership of
the property in fee simple, including the coal, and has no
objection to the well, the chief shall issue the permit.
If the application to drill, reopen, or convert concerns a
well that is or is to be located in a coal bearing township, the
chief shall transmit to the chief of the division of mineral
resources management two copies of the application and three
copies of the map required in section 1509.06 of the Revised Code,
except that, when the affidavit with the waiver of objection
described above is submitted, the chief of the division of oil and
gas resources management shall not transmit the copies.
The chief of the division of mineral resources management
immediately shall notify the owner or lessee of any affected mine
that the application has been filed and send to the owner or
lessee two copies of the map accompanying the application setting
forth the location of the well.
If the owner or lessee objects to the location of the well or
objects to any location within fifty feet of the original location
as a possible site for relocation of the well, the owner or lessee
shall notify the chief of the division of mineral resources
management of the objection, giving the reasons for the objection
and, if applicable, indicating on a copy of the map the particular
location or locations within fifty feet of the original location
to which the owner or lessee objects as a site for possible
relocation of the well, within six days after the receipt of the
notice. If the chief receives no objections from the owner or
lessee of the mine within ten days after the receipt of the notice
by the owner or lessee, or if in the opinion of the chief the
objections offered by the owner or lessee are not sufficiently
well founded, the chief immediately shall notify the owner or
lessee of those findings. The owner or lessee may appeal the
decision of the chief to the reclamation commission under section
1513.13 of the Revised Code. The appeal shall be filed within
fifteen days, notwithstanding provisions in divisions (A)(1) of
section 1513.13 of the Revised Code, to the contrary, from the
date on which the owner or lessee receives the notice. If the
appeal is not filed within that time, the chief immediately shall
approve the application and, retain a copy of the application and
map, and return a copy of the application to the chief of the
division of oil and gas resources management with the approval
noted on it. The chief of the division of oil and gas resources
management then shall issue the permit if the provisions of this
chapter pertaining to the issuance of such a permit have been
complied with.
If the chief of the division of mineral resources management
receives an objection from the owner or lessee of the mine as to
the location of the well within ten days after receipt of the
notice by the owner or lessee, and if in the opinion of the chief
the objection is well founded, the chief shall disapprove the
application and
suggest immediately return it to the chief of the
division of oil and gas resources management together with the
reasons for disapproval and a suggestion for a new location for
the well, provided that the suggested new location shall not be a
location within fifty feet of the original location to which the
owner or lessee has objected as a site for possible relocation of
the well if the chief of the division of mineral resources
management has determined that the objection is well founded. The
chief of the division of oil and gas resources management
immediately shall notify the applicant for the permit of the
disapproval and any suggestion made by the chief of the division
of mineral resources management as to a new location for the well.
The applicant may withdraw the application or amend the
application to drill the well at the location suggested by the
chief, or the applicant may appeal the disapproval of the
application by the chief to the reclamation commission.
If the chief of the division of mineral resources management
receives no objection from the owner or lessee of a mine as to the
location of the well, but does receive an objection from the owner
or lessee as to one or more locations within fifty feet of the
original location as possible sites for relocation of the well
within ten days after receipt of the notice by the owner or
lessee, and if in the opinion of the chief the objection is well
founded, the chief nevertheless shall approve the application and
shall return it immediately to the chief of the division of oil
and gas resources management together with the reasons for
disapproving any of the locations to which the owner or lessee
objects as possible sites for the relocation of the well. The
chief of the division of oil and gas resources management then
shall issue a permit if the provisions of this chapter pertaining
to the issuance of such a permit have been complied with,
incorporating as a term or condition of the permit that the
applicant is prohibited from commencing drilling at any location
within fifty feet of the original location that has been
disapproved by the chief of the division of mineral resources
management. The applicant may appeal to the reclamation commission
the terms and conditions of the permit prohibiting the
commencement of drilling at any such location disapproved by the
chief of the division of mineral resources management.
Any such appeal shall be filed within fifteen days,
notwithstanding provisions in division (A)(1) of section 1513.13
of the Revised Code to the contrary, from the date the applicant
receives notice of the disapproval of the application, any other
location within fifty feet of the original location, or terms or
conditions of the permit, or the owner or lessee receives notice
of the chief's decision. No approval or disapproval of an
application shall be delayed by the chief of the division of
mineral resources management for more than fifteen days from the
date of sending the notice of the application to the mine owner or
lessee as required by this section.
All appeals provided for in this section shall be treated as
expedited appeals. The reclamation commission shall hear any such
appeal in accordance with section 1513.13 of the Revised Code and
issue a decision within thirty days of the filing of the notice of
appeal.
The chief of the division of oil and gas resources management
shall not issue a permit to drill a new well or reopen a well that
is or is to be located within three hundred feet of any opening of
any mine used as a means of ingress, egress, or ventilation for
persons employed in the mine, nor within one hundred feet of any
building or inflammable structure connected with the mine and
actually used as a part of the operating equipment of the mine,
unless the chief of the division of mineral resources management
determines that life or property will not be endangered by
drilling and operating the well in that location.
The chief of the division of mineral resources management may
suspend the drilling or reopening of a well in a coal bearing
township after determining that the drilling or reopening
activities present an imminent and substantial threat to public
health or safety or to miners' health or safety and having been
unable to contact the chief of the division of oil and gas
resources management to request an order of suspension under
section 1509.06 of the Revised Code. Before issuing a suspension
order for that purpose, the chief of the division of mineral
resources management shall notify the owner in a manner that in
the chief's judgment would provide reasonable notification that
the chief intends to issue a suspension order. The chief may issue
such an order without prior notification if reasonable attempts to
notify the owner have failed, but in that event notification shall
be given as soon thereafter as practical. Within five calendar
days after the issuance of the order, the chief shall provide the
owner an opportunity to be heard and to present evidence that the
activities do not present an imminent and substantial threat to
public health or safety or to miners' health or safety. If, after
considering the evidence presented by the owner, the chief
determines that the activities do not present such a threat, the
chief shall revoke the suspension order. An owner may appeal a
suspension order issued by the chief of the division of mineral
resources management under this section to the reclamation
commission in accordance with section 1513.13 of the Revised Code
or may appeal the order directly to the court of common pleas of
the county in which the well is located.
Sec. 1509.09. A well may be drilled under a permit only at
the location designated on the map required in section 1509.06 of
the Revised Code. The location of a well may be changed after the
issuance of a permit only with the approval of the chief of the
division of mineral oil and gas resources management and, if the
well is located in a coal bearing township, with the approval of
the chief of the division of mineral resources management using
the procedures required in section 1509.08 of the Revised Code for
a permit to drill a well unless the permit holder requests the
issuance of an emergency drilling permit under this section due to
a lost hole under such circumstances that completion of the well
is not feasible at the original location. If a permit holder
requests a change of location, the permit holder shall return the
original permit and file an amended map indicating the proposed
new location.
Drilling shall not be commenced at a new location until the
original permit bearing a notation of approval by the chief or
chiefs is posted at the well site. However, a permit holder may
commence drilling at a new location without first receiving the
prior approval required by this section, if all of the following
conditions are met:
(A) Within one working day after spudding the new well, the
permit holder files a request for an emergency drilling permit and
submits to the chief of the division of oil and gas resources
management an application for a permit that meets the requirements
of section 1509.06 of the Revised Code, including the permit fee
required by that section, with an amended map showing the new
location;.
(B) A mineral An oil and gas resources inspector is present
before spudding operations are commenced at the location;.
(C) The original well is plugged prior to the skidding of the
drilling rig to the new location, and the plugging is witnessed or
verified by a mineral an oil and gas resources inspector or, if
the well is located in a coal bearing township, both a deputy mine
inspector and a mineral an oil and gas resources inspector unless
the chief or the chief's authorized representative temporarily
waives the requirement, but in any event the original well shall
be plugged before the drilling rig is moved from the location;.
(D) The new location is within fifty feet of the original
location unless, upon request of the permit holder, the chief,
with the approval of the chief of the division of mineral
resources management if the well is located in a coal bearing
township, agrees to a new location farther than fifty feet from
the original location;.
(E) The new location meets all the distance and spacing
requirements prescribed by rules adopted under sections 1509.23
and 1509.24 of the Revised Code;.
(F) If the well is located in a coal bearing township, use of
the new well location has not been disapproved by the chief of the
division of mineral resources management and has not been
prohibited as a term or condition of the permit under section
1509.08 of the Revised Code.
If the chief of the division of oil and gas resources
management approves the change of location, the chief shall issue
an emergency permit within two working days after the filing of
the request for the emergency permit. If the chief disapproves the
change of location, the chief shall, by order, deny the request
and may issue an appropriate enforcement order under section
1509.03 of the Revised Code.
Sec. 1509.10. (A) Any person drilling within the state
shall, within sixty days after the completion of drilling
operations to the proposed total depth or after a determination
that a well is a dry or lost hole, file with the division of
mineral oil and gas resources management all wireline electric
logs and an accurate well completion record on a form that is
approved by the chief of the division of mineral oil and gas
resources management that designates:
(1) The purpose for which the well was drilled;
(2) The character, depth, and thickness of geological units
encountered, including coal seams, mineral beds, associated fluids
such as fresh water, brine, and crude oil, natural gas, and sour
gas, if such seams, beds, fluids, or gases are known;
(3) The dates on which drilling operations were commenced and
completed;
(4) The types of drilling tools used and the name of the
person that drilled the well;
(5) The length in feet of the various sizes of casing and
tubing used in drilling the well, the amount removed after
completion, the type and setting depth of each packer, all other
data relating to cementing in the annular space behind such casing
or tubing, and data indicating completion as a dry, gas, oil,
combination oil and gas, brine injection, or artificial brine well
or a stratigraphic test;
(6) The number of perforations in the casing and the
intervals of the perforations;
(7) The elevation above mean sea level of the point from
which the depth measurements were made, stating also the height of
the point above ground level at the well, the total depth of the
well, and the deepest geological unit that was penetrated in the
drilling of the well;
(8) If applicable, the type, volume, and concentration of
acid, and the date on which acid was used in acidizing the well;
(9) If applicable, the type and volume of fluid used to
stimulate the reservoir of the well, the reservoir breakdown
pressure, the method used for the containment of fluids recovered
from the fracturing of the well, the methods used for the
containment of fluids when pulled from the wellbore from swabbing
the well, the average pumping rate of the well, and the name of
the person that performed the well stimulation. In addition, the
owner shall include a copy of the log from the stimulation of the
well, a copy of the invoice for each of the procedures and methods
described in division (A)(9) of this section that were used on a
well, and a copy of the pumping pressure and rate graphs. However,
the owner may redact from the copy of each invoice that is
required to be included under division (A)(9) of this section the
costs of and charges for the procedures and methods described in
division (A)(9) of this section that were used on a well.
(10) The name of the company that performed the logging of
the well and the types of wireline electric logs performed on the
well.
The well completion record shall be submitted in duplicate.
The first copy shall be retained as a permanent record in the
files of the division, and the second copy shall be transmitted by
the chief to the division of geological survey.
(B)(1) Not later than sixty days after the completion of the
drilling operations to the proposed total depth, the owner shall
file all wireline electric logs with the division of mineral oil
and gas resources management and the chief shall transmit such
logs electronically, if available, to the division of geological
survey. Such logs may be retained by the owner for a period of not
more than six months, or such additional time as may be granted by
the chief in writing, after the completion of the well
substantially to the depth shown in the application required by
section 1509.06 of the Revised Code.
(2) If a well is not completed within sixty days after the
completion of drilling operations, the owner shall file with the
division of oil and gas resources management a supplemental well
completion record that includes all of the information required
under this section within sixty days after the completion of the
well.
(C) Upon request in writing by the chief of the division of
geological survey prior to the beginning of drilling of the well,
the person drilling the well shall make available a complete set
of cuttings accurately identified as to depth.
(D) The form of the well completion record required by this
section shall be one that has been approved by the chief of the
division of mineral oil and gas resources management and the chief
of the division of geological survey. The filing of a log as
required by this section fulfills the requirement of filing a log
with the chief of the division of geological survey in section
1505.04 of the Revised Code.
(E) If there is a material listed on the invoice that is
required by division (A)(9) of this section for which the division
of mineral oil and gas resources management does not have a
material safety data sheet, the chief shall obtain a copy of the
material safety data sheet for the material and post a copy of the
material safety data sheet on the division's web site.
Sec. 1509.11. The owner of any well producing or capable of
producing oil or gas shall file with the chief of the division of
mineral oil and gas resources management, on or before the
thirty-first day of March, a statement of production of oil, gas,
and brine for the last preceding calendar year in such form as the
chief may prescribe. An owner that has more than one hundred wells
in this state shall submit electronically the statement of
production in a format that is approved by the chief. The chief
shall include on the form, at the minimum, a request for the
submittal of the information that a person who is regulated under
this chapter is required to submit under the "Emergency Planning
and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42
U.S.C.A. 11001, and regulations adopted under it, and that the
division does not obtain through other reporting mechanisms.
Sec. 1509.12. (A) No owner of any well shall construct a
well, or permit defective casing in a well to leak fluids or
gases, that causes damage to other permeable strata, underground
sources of drinking water, or the surface of the land or that
threatens the public health and safety or the environment. Upon
the discovery that the casing in a well is defective or that a
well was not adequately constructed, the owner of the well shall
notify the chief of the division of mineral oil and gas resources
management within twenty-four hours of the discovery, and the
owner shall immediately repair the casing, correct the
construction inadequacies, or plug and abandon the well.
(B) When the chief finds that a well should be plugged, the
chief shall notify the owner to that effect by order in writing
and shall specify in the order a reasonable time within which to
comply. No owner shall fail or refuse to plug a well within the
time specified in the order. Each day on which such a well remains
unplugged thereafter constitutes a separate offense.
Where the plugging method prescribed by rules adopted
pursuant to section 1509.15 of the Revised Code cannot be applied
or if applied would be ineffective in carrying out the protection
that the law is meant to give, the chief may designate a different
method of plugging. The abandonment report shall show the manner
in which the well was plugged.
(C) In case of oil or gas wells abandoned prior to September
1, 1978, the board of county commissioners of the county in which
the wells are located may submit to the electors of the county the
question of establishing a special fund, by general levy, by
general bond issue, or out of current funds, which shall be
approved by a majority of the electors voting upon that question
for the purpose of plugging the wells. The fund shall be
administered by the board and the plugging of oil and gas wells
shall be under the supervision of the chief, and the board shall
let contracts for that purpose, provided that the fund shall not
be used for the purpose of plugging oil and gas wells that were
abandoned subsequent to September 1, 1978.
Sec. 1509.13. (A) No person shall plug and abandon a well
without having a permit to do so issued by the chief of the
division of mineral oil and gas resources management. The permit
shall be issued by the chief in accordance with this chapter and
shall be valid for a period of twenty-four months from the date of
issue.
(B) Application by the owner for a permit to plug and abandon
shall be filed as many days in advance as will be necessary for a
mineral an oil and gas resources inspector or, if the well is
located in a coal bearing township, both a deputy mine inspector
and a mineral an oil and gas resources inspector to be present at
the plugging. The application shall be filed with the chief upon a
form that the chief prescribes and shall contain the following
information:
(1) The name and address of the owner;
(2) The signature of the owner or the owner's authorized
agent. When an authorized agent signs an application, it shall be
accompanied by a certified copy of the appointment as that agent.
(3) The location of the well identified by section or lot
number, city, village, township, and county;
(4) Designation of well by name and number;
(5) The total depth of the well to be plugged;
(6) The date and amount of last production from the well;
(7) Other data that the chief may require.
(C) If oil or gas has been produced from the well, the
application shall be accompanied by a fee of two hundred fifty
dollars. If a well has been drilled in accordance with law and the
permit is still valid, the permit holder may receive approval to
plug the well from a mineral an oil and gas resources inspector so
that the well can be plugged and abandoned without undue delay.
Unless waived by
a mineral an oil and gas resources inspector,
the owner of a well or the owner's authorized representative shall
notify a mineral an oil and gas resources inspector at least
twenty-four hours prior to the commencement of the plugging of a
well. No well shall be plugged and abandoned without a mineral an
oil and gas resources inspector present unless permission has been
granted by the chief. The owner of a well that has produced oil or
gas shall give written notice at the same time to the owner of the
land upon which the well is located and to all lessors that
receive gas from the well pursuant to a lease agreement. If the
well penetrates or passes within one hundred feet of the
excavations and workings of a mine, the owner of the well shall
give written notice to the owner or lessee of that mine, of the
well owner's intention to abandon the well and of the time when
the well owner will be prepared to commence plugging it.
(D) An applicant may file a request with the chief for
expedited review of an application for a permit to plug and
abandon a well. The chief may refuse to accept a request for
expedited review if, in the chief's judgment, acceptance of the
request will prevent the issuance, within twenty-one days of
filing, of permits for which applications filed under section
1509.06 of the Revised Code are pending. In addition to a complete
application for a permit that meets the requirements of this
section and the permit fee prescribed by this section, if
applicable, a request shall be accompanied by a nonrefundable
filing fee of five hundred dollars unless the chief has ordered
the applicant to plug and abandon the well. When a request for
expedited review is filed, the chief shall immediately begin to
process the application and shall issue a permit within seven days
of the filing of the request unless the chief, by order, denies
the application.
(E) This section does not apply to a well plugged or
abandoned in compliance with section 1571.05 of the Revised Code.
Sec. 1509.14. Any person who abandons a well, when written
permission has been granted by the chief of the division of
mineral oil and gas resources management to abandon and plug the
well without an inspector being present to supervise the plugging,
shall make a written report of the abandonment to the chief. The
report shall be submitted not later than thirty days after the
date of abandonment and shall include all of the following:
(A) The date of abandonment;
(B) The name of the owner or operator of the well at the time
of abandonment and the post-office address of the owner or
operator;
(C) The location of the well as to township and county and
the name of the owner of the surface upon which the well is
drilled, with the address thereof;
(D) The date of the permit to drill;
(E) The date when drilled;
(F) The depth of the well;
(G) The depth of the top of the formation to which the well
was drilled;
(H) The depth of each seam of coal drilled through, if known;
(I) A detailed report as to how the well was plugged, giving
in particular the manner in which the coal and various formations
were plugged, and the date of the plugging of the well, including
the names of those who witnessed the plugging of the well.
The report shall be signed by the owner or operator, or the
agent of the owner or operator, who abandons and plugs the well
and verified by the oath of the party so signing. For the purposes
of this section, the mineral oil and gas resources inspectors may
take acknowledgments and administer oaths to the parties signing
the report.
Sec. 1509.15. When any well is to be abandoned, it shall
first be plugged in accordance with a method of plugging adopted
by rule by the chief of the division of mineral oil and gas
resources management. The abandonment report shall show the manner
in which the well was plugged.
Sec. 1509.17. (A) A well shall be constructed in a manner
that is approved by the chief of the division of mineral oil and
gas resources management as specified in the permit using
materials that comply with industry standards for the type and
depth of the well and the anticipated fluid pressures that are
associated with the well. In addition, a well shall be constructed
using sufficient steel or conductor casing in a manner that
supports unconsolidated sediments, that protects and isolates all
underground sources of drinking water as defined by the Safe
Drinking Water Act, and that provides a base for a blowout
preventer or other well control equipment that is necessary to
control formation pressures and fluids during the drilling of the
well and other operations to complete the well. Using steel
production casing with sufficient cement, an oil and gas reservoir
shall be isolated during well stimulation and during the
productive life of the well. In addition, sour gas zones and gas
bearing zones that have sufficient pressure and volume to
over-pressurize the surface production casing annulus resulting in
annular overpressurization shall be isolated using approved
cementing, casing, and well construction practices. However,
isolating an oil and gas reservoir shall not exclude open-hole
completion. A well shall not be perforated for purposes of well
stimulation in any zone that is located around casing that
protects underground sources of drinking water without written
authorization from the chief in accordance with division (D) of
this section. When the well penetrates the excavations of a mine,
the casing shall remain intact as provided in section 1509.18 of
the Revised Code and be plugged and abandoned in accordance with
section 1509.15 of the Revised Code.
(B) The chief may adopt rules in accordance with Chapter 119.
of the Revised Code that are consistent with division (A) of this
section and that establish standards for constructing a well, for
evaluating the quality of well construction materials, and for
completing remedial cementing. In addition, the standards
established in the rules shall consider local geology and various
drilling conditions and shall require the use of reasonable
methods that are based on sound engineering principles.
(C) An owner or an owner's authorized representative shall
notify a mineral an oil and gas resources inspector each time that
the owner or the authorized representative notifies a person to
perform the cementing of the conductor casing, the surface casing,
or the production casing. In addition, not later than sixty days
after the completion of the cementing of the production casing, an
owner shall submit to the chief a copy of the cement tickets for
each cemented string of casing and a copy of all logs that were
used to evaluate the quality of the cementing.
(D) The chief shall grant an exemption from this section and
rules adopted under it for a well if the chief determines that a
cement bond log confirms zonal isolation and there is a minimum of
five hundred feet between the uppermost perforation of the casing
and the lowest depth of an underground source of drinking water.
Sec. 1509.181. (A) The chief of the division of mineral
resources management may order the immediate suspension of the
drilling or reopening of a well in a coal bearing township after
determining that the drilling or reopening activities present an
imminent and substantial threat to public health or safety or to a
miner's health or safety.
(B) Before issuing an order under division (A) of this
section, the chief shall notify the chief of the division of oil
and gas resources management and the owner in any manner that the
chief of the division of mineral resources management determines
would provide reasonable notification of the chief's intent to
issue a suspension order. However, the chief may order the
immediate suspension of the drilling or reopening of a well in a
coal bearing township without prior notification to the owner if
the chief has made reasonable attempts to notify the owner and the
attempts have failed. If the chief orders the immediate suspension
of such drilling or reopening, the chief shall provide the chief
of the division of oil and gas resources management and the owner
notice of the order as soon as practical.
(C) Not later than five days after the issuance of an order
under division (A) of this section to immediately suspend the
drilling or reopening of a well in a coal bearing township, the
chief of the division of mineral resources management shall
provide the owner an opportunity to be heard and to present
evidence that the drilling or reopening activities will not likely
result in an imminent and substantial threat to public health or
safety or to a miner's health or safety, as applicable. If the
chief, after considering all evidence presented by the owner,
determines that the activities do not present such a threat, the
chief shall revoke the suspension order.
(D) Notwithstanding any other provision of this chapter, an
owner may appeal a suspension order issued under this section to
the reclamation commission in accordance with section 1513.13 of
the Revised Code.
Sec. 1509.19. An owner who elects to stimulate a well shall
stimulate the well in a manner that will not endanger underground
sources of drinking water. Not later than twenty-four hours before
commencing the stimulation of a well, the owner or the owner's
authorized representative shall notify a mineral an oil and gas
resources inspector. If during the stimulation of a well damage to
the production casing or cement occurs and results in the
circulation of fluids from the annulus of the surface production
casing, the owner shall immediately terminate the stimulation of
the well and notify the chief of the division of mineral oil and
gas resources management. If the chief determines that the casing
and the cement may be remediated in a manner that isolates the oil
and gas bearing zones of the well, the chief may authorize the
completion of the stimulation of the well. If the chief determines
that the stimulation of a well resulted in irreparable damage to
the well, the chief shall order that the well be plugged and
abandoned within thirty days of the issuance of the order.
For purposes of determining the integrity of the remediation
of the casing or cement of a well that was damaged during the
stimulation of the well, the chief may require the owner of the
well to submit cement evaluation logs, temperature surveys,
pressure tests, or a combination of such logs, surveys, and tests.
Sec. 1509.21. No person shall, without first having obtained
a permit from the chief of the division of mineral oil and gas
resources management, conduct secondary or additional recovery
operations, including any underground injection of fluids or
carbon dioxide for the secondary or tertiary recovery of oil or
natural gas or for the storage of hydrocarbons that are liquid at
standard temperature or pressure, unless a rule of the chief
expressly authorizes such operations without a permit. The permit
shall be in addition to any permit required by section 1509.05 of
the Revised Code. Secondary or additional recovery operations
shall be conducted in accordance with rules and orders of the
chief and any terms or conditions of the permit authorizing such
operations. In addition, the chief may authorize tests to evaluate
whether fluids or carbon dioxide may be injected in a reservoir
and to determine the maximum allowable injection pressure. The
tests shall be conducted in accordance with methods prescribed in
rules of the chief or conditions of the permit. Rules adopted
under this section shall include provisions regarding applications
for and the issuance of permits; the terms and conditions of
permits; entry to conduct inspections and to examine records to
ascertain compliance with this section and rules, orders, and
terms and conditions of permits adopted or issued thereunder; the
provision and maintenance of information through monitoring,
recordkeeping, and reporting; and other provisions in furtherance
of the goals of this section and the Safe Drinking Water Act. To
implement the goals of the Safe Drinking Water Act, the chief
shall not issue a permit for the underground injection of fluids
for the secondary or tertiary recovery of oil or natural gas or
for the storage of hydrocarbons that are liquid at standard
temperature and pressure, unless the chief concludes that the
applicant has demonstrated that the injection will not result in
the presence of any contaminant in underground water that supplies
or can be reasonably expected to supply any public water system,
such that the presence of any such contaminant may result in the
system's not complying with any national primary drinking water
regulation or may otherwise adversely affect the health of
persons. Rules, orders, and terms or conditions of permits adopted
or issued under this section shall be construed to be no more
stringent than required for compliance with the Safe Drinking
Water Act, unless essential to ensure that underground sources of
drinking water will not be endangered.
Sec. 1509.22. (A) Except when acting in accordance with
section 1509.226 of the Revised Code, no person shall place or
cause to be placed brine, crude oil, natural gas, or other fluids
associated with the exploration or development of oil and gas
resources in surface or ground water or in or on the land in such
quantities or in such manner as actually causes or could
reasonably be anticipated to cause either of the following:
(1) Water used for consumption by humans or domestic animals
to exceed the standards of the Safe Drinking Water Act;
(2) Damage or injury to public health or safety or the
environment.
(B) No person shall store or dispose of brine in violation of
a plan approved under division (A) of section 1509.222 or section
1509.226 of the Revised Code, in violation of a resolution
submitted under section 1509.226 of the Revised Code, or in
violation of rules or orders applicable to those plans or
resolutions.
(C) The chief of the division of mineral oil and gas
resources management shall adopt rules and issue orders regarding
storage and disposal of brine and other waste substances; however,
the storage and disposal of brine and other waste substances and
the chief's rules relating to storage and disposal are subject to
all of the following standards:
(1) Brine from any well except an exempt Mississippian well
shall be disposed of only by injection into an underground
formation, including annular disposal if approved by rule of the
chief, which injection shall be subject to division (D) of this
section; by surface application in accordance with section
1509.226 of the Revised Code; in association with a method of
enhanced recovery as provided in section 1509.21 of the Revised
Code; or by other methods approved by the chief for testing or
implementing a new technology or method of disposal. Brine from
exempt Mississippian wells shall not be discharged directly into
the waters of the state.
(2) Muds, cuttings, and other waste substances shall not be
disposed of in violation of any rule.
(3) Pits or steel tanks shall be used as authorized by the
chief for containing brine and other waste substances resulting
from, obtained from, or produced in connection with drilling, well
stimulation, reworking, reconditioning, plugging back, or plugging
operations. The pits and steel tanks shall be constructed and
maintained to prevent the escape of brine and other waste
substances.
(4) A dike or pit may be used for spill prevention and
control. A dike or pit so used shall be constructed and maintained
to prevent the escape of brine and crude oil, and the reservoir
within such a dike or pit shall be kept reasonably free of brine,
crude oil, and other waste substances.
(5) Earthen impoundments constructed pursuant to the
division's specifications may be used for the temporary storage of
fluids used in the stimulation of a well.
(6) No pit, earthen impoundment, or dike shall be used for
the temporary storage of brine or other substances except in
accordance with divisions (C)(3) to (5) of this section.
(7) No pit or dike shall be used for the ultimate disposal of
brine or other liquid waste substances.
(D) No person, without first having obtained a permit from
the chief, shall inject brine or other waste substances resulting
from, obtained from, or produced in connection with oil or gas
drilling, exploration, or production into an underground formation
unless a rule of the chief expressly authorizes the injection
without a permit. The permit shall be in addition to any permit
required by section 1509.05 of the Revised Code, and the permit
application shall be accompanied by a permit fee of one thousand
dollars. The chief shall adopt rules in accordance with Chapter
119. of the Revised Code regarding the injection into wells of
brine and other waste substances resulting from, obtained from, or
produced in connection with oil or gas drilling, exploration, or
production. The rules may authorize tests to evaluate whether
fluids or carbon dioxide may be injected in a reservoir and to
determine the maximum allowable injection pressure, which shall be
conducted in accordance with methods prescribed in the rules or in
accordance with conditions of the permit. In addition, the rules
shall include provisions regarding applications for and issuance
of the permits required by this division; entry to conduct
inspections and to examine and copy records to ascertain
compliance with this division and rules, orders, and terms and
conditions of permits adopted or issued under it; the provision
and maintenance of information through monitoring, recordkeeping,
and reporting; and other provisions in furtherance of the goals of
this section and the Safe Drinking Water Act. To implement the
goals of the Safe Drinking Water Act, the chief shall not issue a
permit for the injection of brine or other waste substances
resulting from, obtained from, or produced in connection with oil
or gas drilling, exploration, or production unless the chief
concludes that the applicant has demonstrated that the injection
will not result in the presence of any contaminant in ground water
that supplies or can reasonably be expected to supply any public
water system, such that the presence of the contaminant may result
in the system's not complying with any national primary drinking
water regulation or may otherwise adversely affect the health of
persons. This division and rules, orders, and terms and conditions
of permits adopted or issued under it shall be construed to be no
more stringent than required for compliance with the Safe Drinking
Water Act unless essential to ensure that underground sources of
drinking water will not be endangered.
(E) The owner holding a permit, or an assignee or transferee
who has assumed the obligations and liabilities imposed by this
chapter and any rules adopted or orders issued under it pursuant
to section 1509.31 of the Revised Code, and the operator of a well
shall be liable for a violation of this section or any rules
adopted or orders or terms or conditions of a permit issued under
it.
(F) An owner shall replace the water supply of the holder of
an interest in real property who obtains all or part of the
holder's supply of water for domestic, agricultural, industrial,
or other legitimate use from an underground or surface source
where the supply has been substantially disrupted by
contamination, diminution, or interruption proximately resulting
from the owner's oil or gas operation, or the owner may elect to
compensate the holder of the interest in real property for the
difference between the fair market value of the interest before
the damage occurred to the water supply and the fair market value
after the damage occurred if the cost of replacing the water
supply exceeds this difference in fair market values. However,
during the pendency of any order issued under this division, the
owner shall obtain for the holder or shall reimburse the holder
for the reasonable cost of obtaining a water supply from the time
of the contamination, diminution, or interruption by the operation
until the owner has complied with an order of the chief for
compliance with this division or such an order has been revoked or
otherwise becomes not effective. If the owner elects to pay the
difference in fair market values, but the owner and the holder
have not agreed on the difference within thirty days after the
chief issues an order for compliance with this division, within
ten days after the expiration of that thirty-day period, the owner
and the chief each shall appoint an appraiser to determine the
difference in fair market values, except that the holder of the
interest in real property may elect to appoint and compensate the
holder's own appraiser, in which case the chief shall not appoint
an appraiser. The two appraisers appointed shall appoint a third
appraiser, and within thirty days after the appointment of the
third appraiser, the three appraisers shall hold a hearing to
determine the difference in fair market values. Within ten days
after the hearing, the appraisers shall make their determination
by majority vote and issue their final determination of the
difference in fair market values. The chief shall accept a
determination of the difference in fair market values made by
agreement of the owner and holder or by appraisers under this
division and shall make and dissolve orders accordingly. This
division does not affect in any way the right of any person to
enforce or protect, under applicable law, the person's interest in
water resources affected by an oil or gas operation.
(G) In any action brought by the state for a violation of
division (A) of this section involving any well at which annular
disposal is used, there shall be a rebuttable presumption
available to the state that the annular disposal caused the
violation if the well is located within a one-quarter-mile radius
of the site of the violation.
Sec. 1509.221. (A) No person, without first having obtained
a permit from the chief of the division of mineral oil and gas
resources management, shall drill a well or inject a substance
into a well for the exploration for or extraction of minerals or
energy, other than oil or natural gas, including, but not limited
to, the mining of sulfur by the Frasch process, the solution
mining of minerals, the in situ combustion of fossil fuel, or the
recovery of geothermal energy to produce electric power, unless a
rule of the chief expressly authorizes the activity without a
permit. The permit shall be in addition to any permit required by
section 1509.05 of the Revised Code. The chief shall adopt rules
in accordance with Chapter 119. of the Revised Code governing the
issuance of permits under this section. The rules shall include
provisions regarding the matters the applicant for a permit shall
demonstrate to establish eligibility for a permit; the form and
content of applications for permits; the terms and conditions of
permits; entry to conduct inspections and to examine and copy
records to ascertain compliance with this section and rules,
orders, and terms and conditions of permits adopted or issued
thereunder; provision and maintenance of information through
monitoring, recordkeeping, and reporting; and other provisions in
furtherance of the goals of this section and the Safe Drinking
Water Act. To implement the goals of the Safe Drinking Water Act,
the chief shall not issue a permit under this section, unless the
chief concludes that the applicant has demonstrated that the
drilling, injection of a substance, and extraction of minerals or
energy will not result in the presence of any contaminant in
underground water that supplies or can reasonably be expected to
supply any public water system, such that the presence of the
contaminant may result in the system's not complying with any
national primary drinking water regulation or may otherwise
adversely affect the health of persons. The chief may issue,
without a prior adjudication hearing, orders requiring compliance
with this section and rules, orders, and terms and conditions of
permits adopted or issued thereunder. This section and rules,
orders, and terms and conditions of permits adopted or issued
thereunder shall be construed to be no more stringent than
required for compliance with the Safe Drinking Water Act, unless
essential to ensure that underground sources of drinking water
will not be endangered.
(B)(1) There is levied on the owner of an injection well who
has been issued a permit under division (D) of section 1509.22 of
the Revised Code the following fees:
(a) Five cents per barrel of each substance that is delivered
to a well to be injected in the well when the substance is
produced within the division of mineral oil and gas resources
management regulatory district in which the well is located or
within an adjoining mineral oil and gas resources management
regulatory district;
(b) Twenty cents per barrel of each substance that is
delivered to a well to be injected in the well when the substance
is not produced within the division of mineral oil and gas
resources management regulatory district in which the well is
located or within an adjoining mineral oil and gas resources
management regulatory district.
(2) The maximum number of barrels of substance per injection
well in a calendar year on which a fee may be levied under
division (B) of this section is five hundred thousand. If in a
calendar year the owner of an injection well receives more than
five hundred thousand barrels of substance to be injected in the
owner's well and if the owner receives at least one substance that
is produced within the division's regulatory district in which the
well is located or within an adjoining regulatory district and at
least one substance that is not produced within the division's
regulatory district in which the well is located or within an
adjoining regulatory district, the fee shall be calculated first
on all of the barrels of substance that are not produced within
the division's regulatory district in which the well is located or
within an adjoining district at the rate established in division
(B)(2) of this section. The fee then shall be calculated on the
barrels of substance that are produced within the division's
regulatory district in which the well is located or within an
adjoining district at the rate established in division (B)(1) of
this section until the maximum number of barrels established in
division (B)(2) of this section has been attained.
(3) The owner of an injection well who is issued a permit
under division (D) of section 1509.22 of the Revised Code shall
collect the fee levied by division (B) of this section on behalf
of the division of mineral oil and gas resources management and
forward the fee to the division. The chief shall transmit all
money received under division (B) of this section to the treasurer
of state who shall deposit the money in the state treasury to the
credit of the oil and gas well fund created in section 1509.02 of
the Revised Code. The owner of an injection well who collects the
fee levied by this division may retain up to three per cent of the
amount that is collected.
(4) The chief shall adopt rules in accordance with Chapter
119. of the Revised Code establishing requirements and procedures
for collection of the fee levied by division (B) of this section.
(C) In an action under section 1509.04 or 1509.33 of the
Revised Code to enforce this section, the court shall grant
preliminary and permanent injunctive relief and impose a civil
penalty upon the showing that the person against whom the action
is brought has violated, is violating, or will violate this
section or rules, orders, or terms or conditions of permits
adopted or issued thereunder. The court shall not require, prior
to granting such preliminary and permanent injunctive relief or
imposing a civil penalty, proof that the violation was, is, or
will be the result of intentional conduct or negligence. In any
such action, any person may intervene as a plaintiff upon the
demonstration that the person has an interest that is or may be
adversely affected by the activity for which injunctive relief or
a civil penalty is sought.
Sec. 1509.222. (A)(1) Except as provided in section 1509.226
of the Revised Code, no person shall transport brine by vehicle in
this state unless the business entity that employs the person
first registers with and obtains a registration certificate and
identification number from the chief of the division of mineral
oil and gas resources management.
(2) No more than one registration certificate shall be
required of any business entity. Registration certificates issued
under this section are not transferable. An applicant shall file
an application with the chief, containing such information in such
form as the chief prescribes, but including a plan for disposal
that provides for compliance with the requirements of this chapter
and rules of the chief pertaining to the transportation of brine
by vehicle and the disposal of brine so transported and that lists
all disposal sites that the applicant intends to use, the bond
required by section 1509.225 of the Revised Code, and a
certificate issued by an insurance company authorized to do
business in this state certifying that the applicant has in force
a liability insurance policy in an amount not less than three
hundred thousand dollars bodily injury coverage and three hundred
thousand dollars property damage coverage to pay damages for
injury to persons or property caused by the collecting, handling,
transportation, or disposal of brine. The policy shall be
maintained in effect during the term of the registration
certificate. The policy or policies providing the coverage shall
require the insurance company to give notice to the chief if the
policy or policies lapse for any reason. Upon such termination of
the policy, the chief may suspend the registration certificate
until proper insurance coverage is obtained. Each application for
a registration certificate shall be accompanied by a nonrefundable
fee of five hundred dollars.
(3) If a business entity that has been issued a registration
certificate under this section changes its name due to a business
reorganization or merger, the business entity shall revise the
bond or certificates of deposit required by section 1509.225 of
the Revised Code and obtain a new certificate from an insurance
company in accordance with division (A)(2) of this section to
reflect the change in the name of the business entity.
(B) The chief shall issue an order denying an application for
a registration certificate if the chief finds that either of the
following applies:
(1) The applicant, at the time of applying for the
registration certificate, has been found liable by a final
nonappealable order of a court of competent jurisdiction for
damage to streets, roads, highways, bridges, culverts, or
drainways pursuant to section 4513.34 or 5577.12 of the Revised
Code until the applicant provides the chief with evidence of
compliance with the order.
(2) The applicant's plan for disposal does not provide for
compliance with the requirements of this chapter and rules of the
chief pertaining to the transportation of brine by vehicle and the
disposal of brine so transported.
(C) No applicant shall attempt to circumvent division (B) of
this section by applying for a registration certificate under a
different name or business organization name, by transferring
responsibility to another person or entity, or by any similar act.
(D) A registered transporter shall apply to revise a disposal
plan under procedures that the chief shall prescribe by rule.
However, at a minimum, an application for a revision shall list
all sources and disposal sites of brine currently transported. The
chief shall deny any application for a revision of a plan under
this division if the chief finds that the proposed revised plan
does not provide for compliance with the requirements of this
chapter and rules of the chief pertaining to the transportation of
brine by vehicle and the disposal of brine so transported.
Approvals and denials of revisions shall be by order of the chief.
(E) The chief may adopt rules, issue orders, and attach terms
and conditions to registration certificates as may be necessary to
administer, implement, and enforce sections 1509.222 to 1509.226
of the Revised Code for protection of public health or safety or
conservation of natural resources.
Sec. 1509.223. (A) No permit holder or owner of a well shall
enter into an agreement with or permit any person to transport
brine produced from the well who is not registered pursuant to
section 1509.222 of the Revised Code or exempt from registration
under section 1509.226 of the Revised Code.
(B) Each registered transporter shall file with the chief of
the division of mineral oil and gas resources management, on or
before the fifteenth day of April, a statement concerning brine
transported, including quantities transported and source and
delivery points, during the last preceding calendar year, and such
other information in such form as the chief may prescribe.
(C) Each registered transporter shall keep on each vehicle
used to transport brine a daily log and have it available upon the
request of the chief or an authorized representative of the chief
or a peace officer. The log shall, at a minimum, include all of
the following information:
(1) The name of the owner or owners of the well or wells
producing the brine to be transported;
(2) The date and time the brine is loaded;
(3) The name of the driver;
(4) The amount of brine loaded at each collection point;
(5) The disposal location;
(6) The date and time the brine is disposed of and the amount
of brine disposed of at each location.
No registered transporter shall falsify or fail to keep or
submit the log required by this division.
(D) Each registered transporter shall legibly identify with
reflective paints all vehicles employed in transporting or
disposing of brine. Letters shall be no less than four inches in
height and shall indicate the identification number issued by the
chief, the word "brine," and the name and telephone number of the
transporter.
(E) The chief shall maintain and keep a current list of
persons registered to transport brine under section 1509.222 of
the Revised Code. The list shall be open to public inspection. It
is an affirmative defense to a charge under division (A) of this
section that at the time the permit holder or owner of a well
entered into an agreement with or permitted a person to transport
brine, the person was shown on the list as currently registered to
transport brine.
Sec. 1509.224. (A) In addition to any other remedies
provided in this chapter, if the chief of the division of mineral
oil and gas resources management has reason to believe that a
pattern of the same or similar violations of any requirements of
sections section 1509.22, 1509.222, or 1509.223 of the Revised
Code, or any rule adopted thereunder or term or condition of the
registration certificate issued thereunder exists or has existed,
and the violations are caused by the transporter's indifference,
lack of diligence, or lack of reasonable care, or are willfully
caused by the transporter, the chief shall immediately issue an
order to the transporter to show cause why the certificate should
not be suspended or revoked. After the issuance of the order, the
chief shall provide the transporter an opportunity to be heard and
to present evidence at an informal hearing conducted by the chief.
If, at the conclusion of the hearing, the chief finds that such a
pattern of violations exists or has existed, the chief shall issue
an order suspending or revoking the transporter's registration
certificate. An order suspending or revoking a certificate under
this section may be appealed under sections 1509.36 and 1509.37 of
the Revised Code, or notwithstanding any other provision of this
chapter, may be appealed directly to the court of common pleas of
Franklin county.
(B) Before issuing an order denying a registration
certificate; approving or denying approval of an application for
revision of a registered transporter's plan for disposal; or to
implement, administer, or enforce section 1509.22, 1509.222,
1509.223, 1509.225, or 1509.226 of the Revised Code and rules and
terms and conditions of registration certificates adopted or
issued thereunder pertaining to the transportation of brine by
vehicle and the disposal of brine so transported, the chief shall
issue a preliminary order indicating the chief's intent to issue a
final order. The preliminary order shall clearly state the nature
of the chief's proposed action and the findings on which it is
based and shall state that the preliminary order becomes a final
order thirty days after its issuance unless the person to whom the
preliminary order is directed submits to the chief a written
request for an informal hearing before the chief within that
thirty-day period. At the hearing the person may present evidence
as to why the preliminary order should be revoked or modified.
Based upon the findings from the informal hearing, the chief shall
revoke, issue, or modify and issue the preliminary order as a
final order. A final order may be appealed under sections 1509.36
and 1509.37 of the Revised Code.
Sec. 1509.225. (A) Before being issued a registration
certificate under section 1509.222 of the Revised Code, an
applicant shall execute and file with the division of mineral oil
and gas resources management a surety bond for fifteen thousand
dollars to provide compensation for damage and injury resulting
from transporters' violations of sections 1509.22, 1509.222, and
1509.223 of the Revised Code, all rules and orders of the chief of
the division of mineral resource oil and gas resources management
relating thereto, and all terms and conditions of the registration
certificate imposed thereunder. The applicant may deposit with the
chief, in lieu of a surety bond, cash in an amount equal to the
surety bond as prescribed in this section, or negotiable
certificates of deposit issued by any bank organized or
transacting business in this state, or certificates of deposit
issued by any building and loan association as defined in section
1151.01 of the Revised Code, having a cash value equal to or
greater than the amount of the surety bond as prescribed in this
section. Cash or certificates of deposit shall be deposited upon
the same terms as those upon which surety bonds may be deposited.
If certificates of deposit are deposited with the chief in lieu of
a surety bond, the chief shall require the bank or building and
loan association that issued any such certificate to pledge
securities of a cash value equal to the amount of the certificate
that is in excess of the amount insured by any of the agencies and
instrumentalities created under the "Federal Deposit Insurance
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and
regulations adopted under it, including at least the federal
deposit insurance corporation, bank insurance fund, and savings
association insurance fund.
Such securities shall be security for the repayment of the
certificate of deposit. Immediately upon a deposit of cash or
certificates with the chief, the chief shall deliver it to the
treasurer of state who shall hold it in trust for the purposes for
which it has been deposited.
(B) The surety bond provided for in this section shall be
executed by a surety company authorized to do business in this
state. The chief shall not approve any bond until it is personally
signed and acknowledged by both principal and surety, or as to
either by an attorney in fact, with a certified copy of the power
of attorney attached thereto. The chief shall not approve the bond
unless there is attached a certificate of the superintendent of
insurance that the company is authorized to transact a fidelity
and surety business in this state. All bonds shall be given in a
form to be prescribed by the chief.
(C) If a registered transporter is found liable for a
violation of section 1509.22, 1509.222, or 1509.223 of the Revised
Code or a rule, order, or term or condition of a certificate
involving, in any case, damage or injury to persons or property,
or both, the court may order the forfeiture of any portion of the
bond, cash, or other securities required by this section in full
or partial payment of damages to the person to whom the damages
are due. The treasurer of state and the chief shall deliver the
bond or any cash or other securities deposited in lieu of bond, as
specified in the court's order, to the person to whom the damages
are due; however, execution against the bond, cash, or other
securities, if necessary, is the responsibility of the person to
whom the damages are due. The chief shall not release the bond,
cash, or securities required by this section except by court order
or until the registration is terminated.
Sec. 1509.226. (A) If a board of county commissioners, a
board of township trustees, or the legislative authority of a
municipal corporation wishes to permit the surface application of
brine to roads, streets, highways, and other similar land surfaces
it owns or has the right to control for control of dust or ice, it
may adopt a resolution permitting such application as provided in
this section. If a board or legislative authority does not adopt
such a resolution, then no such surface application of brine is
permitted on such roads, streets, highways, and other similar
surfaces. If a board or legislative authority votes on a proposed
resolution to permit such surface application of brine, but the
resolution fails to receive the affirmative vote of a majority of
the board or legislative authority, the board or legislative
authority shall not adopt such a resolution for one year following
the date on which the vote was taken. A board or legislative
authority shall hold at least one public hearing on any proposal
to permit surface application of brine under this division and may
hold additional hearings. The board or legislative authority shall
publish notice of the time and place of each such public hearing
in a newspaper of general circulation in the political subdivision
at least five days before the day on which the hearing is to be
held.
(B) If a board or legislative authority adopts a resolution
permitting the surface application of brine to roads, streets,
highways, and other similar land surfaces under division (A) of
this section, the board or legislative authority shall, within
thirty days after the adoption of the resolution, prepare and
submit to the chief of the division of mineral oil and gas
resources management a copy of the resolution. Any department,
agency, or instrumentality of this state or the United States that
wishes to permit the surface application of brine to roads,
streets, highways, and other similar land surfaces it owns or has
a right to control shall prepare and submit guidelines for such
application, but need not adopt a resolution under division (A) of
this section permitting such surface application.
All resolutions and guidelines shall be subject to the
following standards:
(1) Brine shall not be applied:
(a) To a water-saturated surface;
(b) Directly to vegetation near or adjacent to surfaces being
treated;
(c) Within twelve feet of structures crossing bodies of water
or crossing drainage ditches;
(d) Between sundown and sunrise, except for ice control.
(2) The discharge of brine through the spreader bar shall
stop when the application stops.
(3) The applicator vehicle shall be moving at least five
miles per hour at all times while the brine is being applied.
(4) The maximum spreader bar nozzle opening shall be
three-quarters of an inch in diameter.
(5) The maximum uniform application rate of brine shall be
three thousand gallons per mile on a twelve-foot-wide road or
three gallons per sixty square feet on unpaved lots.
(6) The applicator vehicle discharge valve shall be closed
between the brine collection point and the specific surfaces that
have been approved for brine application.
(7) Any valves that provide for tank draining other than
through the spreader bar shall be closed during the brine
application and transport.
(8) The angle of discharge from the applicator vehicle
spreader bar shall not be greater than sixty degrees from the
perpendicular to the unpaved surface.
(9) Only the last twenty-five per cent of an applicator
vehicle's contents shall be allowed to have a pressure greater
than atmospheric pressure; therefore, the first seventy-five per
cent of the applicator vehicle's contents shall be discharged
under atmospheric pressure.
(10) Only brine that is produced from a well shall be allowed
to be spread on a road. Fluids from the drilling of a well,
flowback from the stimulation of a well, and other fluids used to
treat a well shall not be spread on a road.
If a resolution or guidelines contain only the standards
listed in division divisions (B)(1) to (10) of this section,
without addition or qualification, the resolution or guidelines
shall be deemed effective when submitted to the chief without
further action by the chief. All other resolutions and guidelines
shall comply with and be no less stringent than this chapter,
rules concerning surface application that the chief shall adopt
under division (C) of section 1509.22 of the Revised Code, and
other rules of the chief. Within fifteen days after receiving such
other resolutions and guidelines, the chief shall review them for
compliance with the law and rules and disapprove them if they do
not comply.
The board, legislative authority, or department, agency, or
instrumentality may revise and resubmit any resolutions or
guidelines that the chief disapproves after each disapproval, and
the chief shall again review and approve or disapprove them within
fifteen days after receiving them. The board, legislative
authority, or department, agency, or instrumentality may amend any
resolutions or guidelines previously approved by the chief and
submit them, as amended, to the chief. The chief shall receive,
review, and approve or disapprove the amended resolutions or
guidelines on the same basis and in the same time as original
resolutions or guidelines. The board, legislative authority, or
department, agency, or instrumentality shall not implement amended
resolutions or guidelines until they are approved by the chief
under this division.
(C) Any person, other than a political subdivision required
to adopt a resolution under division (A) of this section or a
department, agency, or instrumentality of this state or the United
States, who owns or has a legal right or obligation to maintain a
road, street, highway, or other similar land surface may file with
the board of county commissioners a written plan for the
application of brine to the road, street, highway, or other
surface. The board need not approve any such plans, but if it
approves a plan, the plan shall comply with this chapter, rules
adopted thereunder, and the board's resolutions, if any.
Disapproved plans may be revised and resubmitted for the board's
approval. Approved plans may also be revised and submitted to the
board. A plan or revised plan shall do all of the following:
(1) Identify the sources of brine to be used under the plan;
(2) Identify by name, address, and registration certificate,
if applicable, any transporters of the brine;
(3) Specifically identify the places to which the brine will
be applied;
(4) Specifically describe the method, rate, and frequency of
application.
(D) The board may attach terms and conditions to approval of
a plan, or revised plan, and may revoke approval for any violation
of this chapter, rules adopted thereunder, resolutions adopted by
the board, or terms or conditions attached by the board. The board
shall conduct at least one public hearing before approving a plan
or revised plan, publishing notice of the time and place of each
such public hearing in a newspaper of general circulation in the
county at least five days before the day on which the hearing is
to be held. The board shall record the filings of all plans and
revised plans in its journal. The board shall approve, disapprove,
or revoke approval of a plan or revised plan by the adoption of a
resolution. Upon approval of a plan or revised plan, the board
shall send a copy of the plan to the chief. Upon revoking approval
of a plan or revised plan, the board shall notify the chief of the
revocation.
(1) Apply brine to a water-saturated surface;
(2) Apply brine directly to vegetation adjacent to the
surface of roads, streets, highways, and other surfaces to which
brine may be applied.
(F) Each political subdivision that adopts a resolution under
divisions (A) and (B) of this section, each department, agency, or
instrumentality of this state or the United States that submits
guidelines under division (B) of this section, and each person who
files a plan under divisions (C) and (D) of this section shall, on
or before the fifteenth day of April of each year, file a report
with the chief concerning brine applied within the person's or
governmental entity's jurisdiction, including the quantities
transported and the sources and application points during the last
preceding calendar year and such other information in such form as
the chief requires.
(G) Any political subdivision or department, agency, or
instrumentality of this state or the United States that applies
brine under this section may do so with its own personnel,
vehicles, and equipment without registration under or compliance
with section 1509.222 or 1509.223 of the Revised Code and without
the necessity for filing the surety bond or other security
required by section 1509.225 of the Revised Code. However, each
such entity shall legibly identify vehicles used to apply brine
with reflective paint in letters no less than four inches in
height, indicating the word "brine" and that the vehicle is a
vehicle of the political subdivision, department, agency, or
instrumentality. Except as stated in this division, such entities
shall transport brine in accordance with sections 1509.22 to
1509.226 of the Revised Code.
(H) A surface application plan filed for approval under
division (C) of this section shall be accompanied by a
nonrefundable fee of fifty dollars, which shall be credited to the
general fund of the county. An approved plan is valid for one year
from the date of its approval unless it is revoked before that
time. An approved revised plan is valid for the remainder of the
term of the plan it supersedes unless it is revoked before that
time. Any person who has filed such a plan or revised plan and had
it approved may renew it by refiling it in accordance with
divisions (C) and (D) of this section within thirty days before
any anniversary of the date on which the original plan was
approved. The board shall notify the chief of renewals and
nonrenewals of plans. Even if a renewed plan is approved under
those divisions, the plan is not effective until notice is
received by the chief, and until notice is received, the chief
shall enforce this chapter and rules adopted thereunder with
regard to the affected roads, streets, highways, and other similar
land surfaces as if the plan had not been renewed.
(I) A resolution adopted under division (A) of this section
by a board or legislative authority shall be effective for one
year following the date of its adoption and from month to month
thereafter until the board or legislative authority, by
resolution, terminates the authority granted in the original
resolution. The termination shall be effective not less than seven
days after enactment of the resolution, and a copy of the
resolution shall be sent to the chief.
Sec. 1509.23. (A) Rules of the chief of the division of
mineral oil and gas resources management may specify practices to
be followed in the drilling and treatment of wells, production of
oil and gas, and plugging of wells for protection of public health
or safety or to prevent damage to natural resources, including
specification of the following:
(2) Minimum distances that wells and other excavations,
structures, and equipment shall be located from water wells,
streets, roads, highways, rivers, lakes, streams, ponds, other
bodies of water, railroad tracks, public or private recreational
areas, zoning districts, and buildings or other structures. Rules
adopted under division (A)(2) of this section shall not conflict
with section 1509.021 of the Revised Code.
(3) Other methods of operation;
(4) Procedures, methods, and equipment and other requirements
for equipment to prevent and contain discharges of oil and brine
from oil production facilities and oil drilling and workover
facilities consistent with and equivalent in scope, content, and
coverage to section 311(j)(1)(c) of the "Federal Water Pollution
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251,
as amended, and regulations adopted under it. In addition, the
rules may specify procedures, methods, and equipment and other
requirements for equipment to prevent and contain surface and
subsurface discharges of fluids, condensates, and gases.
(B) The chief, in consultation with the emergency response
commission created in section 3750.02 of the Revised Code, shall
adopt rules in accordance with Chapter 119. of the Revised Code
that specify the information that shall be included in an
electronic database that the chief shall create and host. The
information shall be that which the chief considers to be
appropriate for the purpose of responding to emergency situations
that pose a threat to public health or safety or the environment.
At the minimum, the information shall include that which a person
who is regulated under this chapter is required to submit under
the "Emergency Planning and Community Right-To-Know Act of 1986,"
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under
it.
In addition, the rules shall specify whether and to what
extent the database and the information that it contains will be
made accessible to the public. The rules shall ensure that the
database will be made available via the internet or a system of
computer disks to the emergency response commission and to every
local emergency planning committee and fire department in this
state.
Sec. 1509.24. (A) The chief of the division of mineral oil
and gas resources management, with the approval of the technical
advisory council on oil and gas created in section 1509.38 of the
Revised Code, may adopt, amend, or rescind rules relative to
minimum acreage requirements for drilling units and minimum
distances from which a new well may be drilled or an existing well
deepened, plugged back, or reopened to a source of supply
different from the existing pool from boundaries of tracts,
drilling units, and other wells for the purpose of conserving oil
and gas reserves. The rules relative to minimum acreage
requirements for drilling units shall require a drilling unit to
be compact and composed of contiguous land.
(B) Rules adopted under this section and special orders made
under section 1509.25 of the Revised Code shall apply only to new
wells to be drilled or existing wells to be deepened, plugged
back, or reopened to a source of supply different from the
existing pool for the purpose of extracting oil or gas in their
natural state.
Sec. 1509.25. The chief of the division of mineral oil and
gas resources management, upon the chief's own motion or upon
application of an owner, may hold a hearing to consider the need
or desirability of adopting a special order for drilling unit
requirements in a particular pool different from those established
under section 1509.24 of the Revised Code. The chief shall notify
every owner of land within the area proposed to be included within
the order, of the date, time, and place of the hearing and the
nature of the order being considered at least thirty days prior to
the date of the hearing. Each application for such an order shall
be accompanied by such information as the chief may request. If
the chief finds that the pool can be defined with reasonable
certainty, that the pool is in the initial state of development,
and that the establishment of such different requirements for
drilling a well on a tract or drilling unit in such the pool is
reasonably necessary to protect correlative rights or to provide
effective development, use, or conservation of oil and gas, the
chief, with the written approval of the technical advisory council
on oil and gas created in section 1509.38 of the Revised Code,
shall make a special order designating the area covered by the
order, and specifying the acreage requirements for drilling a well
on a tract or drilling unit in such the area, which acreage
requirements shall be uniform for the entire pool. The order shall
specify minimum distances from the boundary of the tract or
drilling unit for the drilling of wells and minimum distances from
other wells and allow exceptions for wells drilled or drilling in
a particular pool at the time of the filing of the application.
The chief may exempt the discovery well from minimum acreage and
distance requirements in the order. After the date of the notice
for a hearing called to make such the order, no additional well
shall be commenced in the pool for a period of sixty days or until
an order has been made pursuant to the application, whichever is
earlier. The chief, upon the chief's own motion or upon
application of an owner, after a hearing and with the approval of
the technical advisory council on oil and gas, may include
additional lands determined to be underlaid by a particular pool
or to exclude lands determined not to be underlaid by a particular
pool, and may modify the spacing and acreage requirements of the
order.
Nothing in this section permits the chief to establish
drilling units in a pool by requiring the use of a survey grid
coordinate system with fixed or established unit boundaries.
Sec. 1509.26. The owners of adjoining tracts may agree to
pool such the tracts to form a drilling unit that conforms to the
minimum acreage and distance requirements of the division of
mineral oil and gas resources management under section 1509.24 or
1509.25 of the Revised Code. Such The agreement shall be in
writing, a copy of which shall be submitted to the division with
the application for a permit required by section 1509.05 of the
Revised Code. Parties to the agreement shall designate one of
their number as the applicant for such the permit.
Sec. 1509.27. If a tract of land is of insufficient size or
shape to meet the requirements for drilling a well thereon as
provided in section 1509.24 or 1509.25 of the Revised Code,
whichever is applicable, and the owner of the tract who also is
the owner of the mineral interest has been unable to form a
drilling unit under agreement as provided in section 1509.26 of
the Revised Code, on a just and equitable basis, such an owner may
make application to the division of mineral oil and gas resources
management for a mandatory pooling order.
The application shall include information as shall be
reasonably required by the chief of the division of mineral oil
and gas resources management and shall be accompanied by an
application for a permit as required by section 1509.05 of the
Revised Code. The chief shall notify all owners of land within the
area proposed to be included within the drilling unit of the
filing of the application and of their right to a hearing. After
the hearing or after the expiration of thirty days from the date
notice of application was mailed to such owners, the chief, if
satisfied that the application is proper in form and that
mandatory pooling is necessary to protect correlative rights and
to provide effective development, use, and conservation of oil and
gas, shall issue a drilling permit and a mandatory pooling order
complying with the requirements for drilling a well as provided in
section 1509.24 or 1509.25 of the Revised Code, whichever is
applicable. The mandatory pooling order shall:
(A) Designate the boundaries of the drilling unit within
which the well shall be drilled;
(B) Designate the proposed production site;
(C) Describe each separately owned tract or part thereof
pooled by the order;
(D) Allocate on a surface acreage basis a pro rata portion of
the production to the owner of each tract pooled by the order. The
pro rata portion shall be in the same proportion that the
percentage of the owner's acreage is to the state minimum acreage
requirements established in rules adopted under this chapter for a
drilling unit unless the applicant demonstrates to the chief using
geological evidence that the geologic structure containing the oil
or gas is larger than the minimum acreage requirement in which
case the pro rata portion shall be in the same proportion that the
percentage of the owner's acreage is to the geologic structure.
(E) Specify the basis upon which each owner of a tract pooled
by the order shall share all reasonable costs and expenses of
drilling and producing if the owner elects to participate in the
drilling and operation of the well;
(F) Designate the person to whom the permit shall be issued.
A person shall not submit more than five applications for
mandatory pooling orders per year under this section unless
otherwise approved by the chief.
No surface operations or disturbances to the surface of the
land shall occur on a tract pooled by an order without the written
consent of or a written agreement with the owner of the tract that
approves the operations or disturbances.
If an owner of a tract pooled by the order does not elect to
participate in the risk and cost of the drilling and operation of
a well, the owner shall be designated as a nonparticipating owner
in the drilling and operation of the well on a limited or carried
basis and is subject to terms and conditions determined by the
chief to be just and reasonable. In addition, if an owner is
designated as a nonparticipating owner, the owner is not liable
for actions or conditions associated with the drilling or
operation of the well. If the applicant bears the costs of
drilling, equipping, and operating a well for the benefit of a
nonparticipating owner, as provided for in the pooling order, then
the applicant shall be entitled to the share of production from
the drilling unit accruing to the interest of that
nonparticipating owner, exclusive of the nonparticipating owner's
proportionate share of the royalty interest until there has been
received the share of costs charged to that nonparticipating owner
plus such additional percentage of the share of costs as the chief
shall determine. The total amount receivable hereunder shall in no
event exceed two hundred per cent of the share of costs charged to
that nonparticipating owner. After receipt of that share of costs
by such an applicant, a nonparticipating owner shall receive a
proportionate share of the working interest in the well in
addition to a proportionate share of the royalty interest, if any.
If there is a dispute as to costs of drilling, equipping, or
operating a well, the chief shall determine those costs.
Sec. 1509.28. (A) The chief of the division of mineral oil
and gas resources management, upon the chief's own motion or upon
application by the owners of sixty-five per cent of the land area
overlying the pool, shall hold a hearing to consider the need for
the operation as a unit of an entire pool or part thereof. An
application by owners shall be accompanied by such information as
the chief may request.
The chief shall make an order providing for the unit
operation of a pool or part thereof if the chief finds that such
operation is reasonably necessary to increase substantially the
ultimate recovery of oil and gas, and the value of the estimated
additional recovery of oil or gas exceeds the estimated additional
cost incident to conducting such the operation. The order shall be
upon terms and conditions that are just and reasonable and shall
prescribe a plan for unit operations that shall include:
(1) A description of the unitized area, termed the unit area;
(2) A statement of the nature of the operations contemplated;
(3) An allocation to the separately owned tracts in the unit
area of all the oil and gas that is produced from the unit area
and is saved, being the production that is not used in the conduct
of operations on the unit area or not unavoidably lost. The
allocation shall be in accord with the agreement, if any, of the
interested parties. If there is no such agreement, the chief shall
determine the value, from the evidence introduced at the hearing,
of each separately owned tract in the unit area, exclusive of
physical equipment, for development of oil and gas by unit
operations, and the production allocated to each tract shall be
the proportion that the value of each tract so determined bears to
the value of all tracts in the unit area.
(4) A provision for the credits and charges to be made in the
adjustment among the owners in the unit area for their respective
investments in wells, tanks, pumps, machinery, materials, and
equipment contributed to the unit operations;
(5) A provision providing how the expenses of unit
operations, including capital investment, shall be determined and
charged to the separately owned tracts and how the expenses shall
be paid;
(6) A provision, if necessary, for carrying or otherwise
financing any person who is unable to meet the person's financial
obligations in connection with the unit, allowing a reasonable
interest charge for such service;
(7) A provision for the supervision and conduct of the unit
operations, in respect to which each person shall have a vote with
a value corresponding to the percentage of the expenses of unit
operations chargeable against the interest of such that person;
(8) The time when the unit operations shall commence, and the
manner in which, and the circumstances under which, the unit
operations shall terminate;
(9) Such additional provisions as are found to be appropriate
for carrying on the unit operations, and for the protection or
adjustment of correlative rights.
(B) No order of the chief providing for unit operations shall
become effective unless and until the plan for unit operations
prescribed by the chief has been approved in writing by those
owners who, under the chief's order, will be required to pay at
least sixty-five per cent of the costs of the unit operation, and
also by the royalty or, with respect to unleased acreage, fee
owners of sixty-five per cent of the acreage to be included in the
unit. If the plan for unit operations has not been so approved by
owners and royalty owners at the time the order providing for unit
operations is made, the chief shall upon application and notice
hold such supplemental hearings as may be required to determine if
and when the plan for unit operations has been so approved. If the
owners and royalty owners, or either, owning the required
percentage of interest in the unit area do not approve the plan
for unit operations within a period of six months from the date on
which the order providing for unit operations is made, such the
order shall cease to be of force and shall be revoked by the
chief.
An order providing for unit operations may be amended by an
order made by the chief, in the same manner and subject to the
same conditions as an original order providing for unit
operations, provided that:
(1) If such an amendment affects only the rights and
interests of the owners, the approval of the amendment by the
royalty owners shall not be required.
(2) No such order of amendment shall change the percentage
for allocation of oil and gas as established for any separately
owned tract by the original order, except with the consent of all
persons owning interest in such the tract.
The chief, by an order, may provide for the unit operation of
a pool or a part thereof that embraces a unit area established by
a previous order of the chief. Such an order, in providing for the
allocation of unit production, shall first treat the unit area
previously established as a single tract, and the portion of the
unit production so allocated thereto shall then be allocated among
the separately owned tracts included in such the previously
established unit area in the same proportions as those specified
in the previous order.
Oil and gas allocated to a separately owned tract shall be
deemed, for all purposes, to have been actually produced from
such
the tract, and all operations, including, but not limited to, the
commencement, drilling, operation of, or production from a well
upon any portion of the unit area shall be deemed for all purposes
the conduct of such operations and production from any lease or
contract for lands any portion of which is included in the unit
area. The operations conducted pursuant to the order of the chief
shall constitute a fulfillment of all the express or implied
obligations of each lease or contract covering lands in the unit
area to the extent that compliance with such obligations cannot be
had because of the order of the chief.
Oil and gas allocated to any tract, and the proceeds from the
sale thereof, shall be the property and income of the several
persons to whom, or to whose credit, the same are allocated or
payable under the order providing for unit operations.
No order of the chief or other contract relating to the sale
or purchase of production from a separately owned tract shall be
terminated by the order providing for unit operations, but shall
remain in force and apply to oil and gas allocated to
such the
tract until terminated in accordance with the provisions thereof.
Except to the extent that the parties affected so agree, no
order providing for unit operations shall be construed to result
in a transfer of all or any part of the title of any person to the
oil and gas rights in any tract in the unit area. All property,
whether real or personal, that may be acquired for the account of
the owners within the unit area shall be the property of such
owners in the proportion that the expenses of unit operations are
charged.
Sec. 1509.29. Upon application by an owner of a tract for
which a drilling permit may not be issued, and a showing by the
owner that the owner is unable to enter a voluntary pooling
agreement and that the owner would be unable to participate under
a mandatory pooling order, the chief of the division of mineral
oil and gas resources management shall issue a permit and order
establishing the tract as an exception tract if the chief finds
that such the owner would otherwise be precluded from producing
oil or gas from the owner's tract because of minimum acreage or
distance requirements. The order shall set a percentage of the
maximum daily potential production at which the well may be
produced. The percentage shall be the same as the percentage that
the number of acres in the tract bears to the number of acres in
the minimum acreage requirement that has been established under
section 1509.24 or 1509.25 of the Revised Code, whichever is
applicable, but if the well drilled on such the tract is located
nearer to the boundary of the tract than the required minimum
distance, the percentage may not exceed the percentage determined
by dividing the distance from the well to the boundary by the
minimum distance requirement. Within ten days after completion of
the well, the maximum daily potential production of the well shall
be determined by such drill stem, open flow, or other tests as may
be required by the chief. The chief shall require such tests, at
least once every three months, as are necessary to determine the
maximum daily potential production at that time.
Sec. 1509.31. (A) Whenever the entire interest of an oil and
gas lease is assigned or otherwise transferred, the assignor or
transferor shall notify the holders of the royalty interests, and,
if a well or wells exist on the lease, the division of mineral oil
and gas resources management, of the name and address of the
assignee or transferee by certified mail, return receipt
requested, not later than thirty days after the date of the
assignment or transfer. When notice of any such assignment or
transfer is required to be provided to the division, it shall be
provided on a form prescribed and provided by the division and
verified by both the assignor or transferor and by the assignee or
transferee and shall be accompanied by a nonrefundable fee of one
hundred dollars for each well. The notice form applicable to
assignments or transfers of a well to the owner of the surface
estate of the tract on which the well is located shall contain a
statement informing the landowner that the well may require
periodic servicing to maintain its productivity; that, upon
assignment or transfer of the well to the landowner, the landowner
becomes responsible for compliance with the requirements of this
chapter and rules adopted under it, including, without limitation,
the proper disposal of brine obtained from the well, the plugging
of the well when it becomes incapable of producing oil or gas, and
the restoration of the well site; and that, upon assignment or
transfer of the well to the landowner, the landowner becomes
responsible for the costs of compliance with the requirements of
this chapter and rules adopted under it and the costs for
operating and servicing the well.
(B) When the entire interest of a well is proposed to be
assigned or otherwise transferred to the landowner for use as an
exempt domestic well, the owner who has been issued a permit under
this chapter for the well shall submit to the chief of the
division of oil and gas resources management an application for
the assignment or transfer that contains all documents that the
chief requires and a nonrefundable fee of one hundred dollars. The
application for such an assignment or transfer shall be prescribed
and provided by the chief. The chief may approve the application
if the application is accompanied by a release of all of the oil
and gas leases that are included in the applicable formation of
the drilling unit, the release is in a form such that the well
ownership merges with the fee simple interest of the surface
tract, and the release is in a form that may be recorded. However,
if the owner of the well does not release the oil and gas leases
associated with the well that is proposed to be assigned or
otherwise transferred or if the fee simple tract that results from
the merger of the well ownership with the fee simple interest of
the surface tract is less than five acres, the proposed exempt
domestic well owner shall post a five thousand dollar bond with
the division of mineral resources management prior to the
assignment or transfer of the well to ensure that the well will be
properly plugged. The chief, for good cause, may modify the
requirements of this section governing the assignment or transfer
of the interests of a well to the landowner. Upon the assignment
or transfer of the well, the owner of an exempt domestic well is
not subject to the severance tax levied under section 5749.02 of
the Revised Code, but is subject to all applicable fees
established in this chapter.
(C) The owner holding a permit under section 1509.05 of the
Revised Code is responsible for all obligations and liabilities
imposed by this chapter and any rules, orders, and terms and
conditions of a permit adopted or issued under it, and no
assignment or transfer by the owner relieves the owner of the
obligations and liabilities until and unless the assignee or
transferee files with the division the information described in
divisions (A)(1), (2), (3), (4), (5), (10), (11), and (12) of
section 1509.06 of the Revised Code; obtains liability insurance
coverage required by section 1509.07 of the Revised Code, except
when none is required by that section; and executes and files a
surety bond, negotiable certificates of deposit or irrevocable
letters of credit, or cash, as described in that section. Instead
of a bond, but only upon acceptance by the chief of the division
of mineral resources management, the assignee or transferee may
file proof of financial responsibility, described in section
1509.07 of the Revised Code. Section 1509.071 of the Revised Code
applies to the surety bond, cash, and negotiable certificates of
deposit and irrevocable letters of credit described in this
section. Unless the chief approves a modification, each assignee
or transferee shall operate in accordance with the plans and
information filed by the permit holder pursuant to section 1509.06
of the Revised Code.
(D) If a mortgaged property that is being foreclosed is
subject to an oil or gas lease, pipeline agreement, or other
instrument related to the production or sale of oil or natural gas
and the lease, agreement, or other instrument was recorded
subsequent to the mortgage, and if the lease, agreement, or other
instrument is not in default, the oil or gas lease, pipeline
agreement, or other instrument, as applicable, has priority over
all other liens, claims, or encumbrances on the property so that
the oil or gas lease, pipeline agreement, or other instrument is
not terminated or extinguished upon the foreclosure sale of the
mortgaged property. If the owner of the mortgaged property was
entitled to oil and gas royalties before the foreclosure sale, the
oil or gas royalties shall be paid to the purchaser of the
foreclosed property.
Sec. 1509.32. Any person adversely affected may file with
the chief of the division of mineral oil and gas resources
management a written complaint alleging failure to restore
disturbed land surfaces in violation of section 1509.072 or
1509.22 of the Revised Code or a rule adopted thereunder.
Upon receipt of a complaint, the chief shall cause an
investigation to be made of the lands where the alleged violation
has occurred and send copies of the investigation report to the
person who filed the complaint and to the owner. Upon finding a
violation the chief shall order the owner to eliminate the
violation within a specified time. If the owner fails to eliminate
the violation within the time specified, the chief may request the
prosecuting attorney of the county in which the violation occurs
or the attorney general to bring appropriate action to secure
compliance with such those sections. If the chief fails to bring
an appropriate action to secure compliance with
such those
sections within twenty days after the time specified, the person
filing the complaint may request the prosecuting attorney of the
county in which the violation occurs to bring an appropriate
action to secure compliance with such those sections. The division
of mineral oil and gas resources management may cooperate with any
state or local agency to provide technical advice or minimum
standards for the restoration of various soils and land surfaces
or to assist in any investigation.
Sec. 1509.33. (A) Whoever violates sections 1509.01 to
1509.31 of the Revised Code, or any rules adopted or orders or
terms or conditions of a permit or registration certificate issued
pursuant to these sections for which no specific penalty is
provided in this section, shall pay a civil penalty of not more
than four thousand dollars for each offense.
(B) Whoever violates section 1509.221 of the Revised Code or
any rules adopted or orders or terms or conditions of a permit
issued thereunder shall pay a civil penalty of not more than two
thousand five hundred dollars for each violation.
(C) Whoever violates division (D) of section 1509.22 or
division (A)(1) of section 1509.222 of the Revised Code shall pay
a civil penalty of not less than two thousand five hundred dollars
nor more than twenty thousand dollars for each violation.
(D) Whoever violates division (A) of section 1509.22 of the
Revised Code shall pay a civil penalty of not less than two
thousand five hundred dollars nor more than ten thousand dollars
for each violation.
(E) Whoever violates division (A) of section 1509.223 of the
Revised Code shall pay a civil penalty of not more than ten
thousand dollars for each violation.
(F) Whoever violates section 1509.072 of the Revised Code or
any rules adopted or orders issued to administer, implement, or
enforce that section shall pay a civil penalty of not more than
five thousand dollars for each violation.
(G) In addition to any other penalties provided in this
chapter, whoever violates division (B) of section 1509.22 or
division (A)(1) of section 1509.222 or knowingly violates division
(A) of section 1509.223 of the Revised Code is liable for any
damage or injury caused by the violation and for the cost of
rectifying the violation and conditions caused by the violation.
If two or more persons knowingly violate one or more of such those
divisions in connection with the same event, activity, or
transaction, they are jointly and severally liable under this
division.
(H) The attorney general, upon the request of the chief of
the division of mineral oil and gas resources management, shall
commence an action under this section against any person who
violates sections 1509.01 to 1509.31 of the Revised Code, or any
rules adopted or orders or terms or conditions of a permit or
registration certificate issued pursuant to these sections. Any
action under this section is a civil action, governed by the Rules
of Civil Procedure and other rules of practice and procedure
applicable to civil actions. The remedy provided in this division
is cumulative and concurrent with any other remedy provided in
this chapter, and the existence or exercise of one remedy does not
prevent the exercise of any other, except that no person shall be
subject to both a civil penalty under division (A), (B), (C), or
(D) of this section and a criminal penalty under section 1509.99
of the Revised Code for the same offense.
Sec. 1509.34. (A)(1) If an owner fails to pay the fees
imposed by this chapter, or if the chief of the division of
mineral oil and gas resources management incurs costs under
division (E) of section 1509.071 of the Revised Code to correct
conditions associated with the owner's well that the chief
reasonably has determined are causing imminent health or safety
risks, the division of mineral oil and gas resources management
shall have a priority lien against that owner's interest in the
applicable well in front of all other creditors for the amount of
any such unpaid fees and costs incurred. The chief shall file a
statement in the office of the county recorder of the county in
which the applicable well is located of the amount of the unpaid
fees and costs incurred as described in this division. The
statement shall constitute a lien on the owner's interest in the
well as of the date of the filing. The lien shall remain in force
so long as any portion of the lien remains unpaid or until the
chief issues a certificate of release of the lien. If the chief
issues a certificate of release of the lien, the chief shall file
the certificate of release in the office of the applicable county
recorder.
(2) A lien imposed under division (A)(1) of this section
shall be in addition to any lien imposed by the attorney general
for failure to pay the assessment imposed by section 1509.50 of
the Revised Code or the tax levied under division (A)(5) or (6) of
section 5749.02 of the Revised Code, as applicable.
(3) If the attorney general cannot collect from a severer or
an owner for an outstanding balance of amounts due under section
1509.50 of the Revised Code or of unpaid taxes levied under
division (A)(5) or (6) of section 5749.02 of the Revised Code, as
applicable, the tax commissioner may request the chief to impose a
priority lien against the owner's interest in the applicable well.
Such a lien has priority in front of all other creditors.
(B) The chief promptly shall issue a certificate of release
of a lien under either of the following circumstances:
(1) Upon the repayment in full of the amount of unpaid fees
imposed by this chapter or costs incurred by the chief under
division (E) of section 1509.071 of the Revised Code to correct
conditions associated with the owner's well that the chief
reasonably has determined are causing imminent health or safety
risks;
(2) Any other circumstance that the chief determines to be in
the best interests of the state.
(C) The chief may modify the amount of a lien under this
section. If the chief modifies a lien, the chief shall file a
statement in the office of the county recorder of the applicable
county of the new amount of the lien.
(D) An owner regarding which the division has recorded a lien
against the owner's interest in a well in accordance with this
section shall not transfer a well, lease, or mineral rights to
another owner or person until the chief issues a certificate of
release for each lien against the owner's interest in the well.
(E) All money from the collection of liens under this section
shall be deposited in the state treasury to the credit of the oil
and gas well fund created in section 1509.02 of the Revised Code.
Sec. 1509.36. Any person adversely affected by an order by
the chief of the division of mineral oil and gas resources
management may appeal to the oil and gas commission for an order
vacating or modifying the order.
The person so appealing to the commission shall be known as
appellant and the chief shall be known as appellee. Appellant and
appellee shall be deemed to be parties to the appeal.
The appeal shall be in writing and shall set forth the order
complained of and the grounds upon which the appeal is based. The
appeal shall be filed with the commission within thirty days after
the date upon which the appellant received notice by certified
mail and, for all other persons adversely affected by the order,
within thirty days after the date of the order complained of.
Notice of the filing of the appeal shall be filed with the chief
within three days after the appeal is filed with the commission.
Upon the filing of the appeal the commission promptly shall
fix the time and place at which the hearing on the appeal will be
held, and shall give the appellant and the chief at least ten
days' written notice thereof by mail. The commission may postpone
or continue any hearing upon its own motion or upon application of
the appellant or of the chief.
The filing of an appeal provided for in this section does not
automatically suspend or stay execution of the order appealed
from, but upon application by the appellant the commission may
suspend or stay the execution pending determination of the appeal
upon such terms as the commission considers proper.
Either party to the appeal or any interested person who,
pursuant to commission rules has been granted permission to
appear, may submit such evidence as the commission considers
admissible.
For the purpose of conducting a hearing on an appeal, the
commission may require the attendance of witnesses and the
production of books, records, and papers, and it may, and at the
request of any party it shall, issue subpoenas for witnesses or
subpoenas duces tecum to compel the production of any books,
records, or papers, directed to the sheriffs of the counties where
the witnesses are found. The subpoenas shall be served and
returned in the same manner as subpoenas in criminal cases are
served and returned. The fees of sheriffs shall be the same as
those allowed by the court of common pleas in criminal cases.
Witnesses shall be paid the fees and mileage provided for under
section 119.094 of the Revised Code. Such fees and mileage
expenses incurred at the request of appellant shall be paid in
advance by the appellant, and the remainder of those expenses
shall be paid out of funds appropriated for the expenses of the
division of mineral oil and gas resources management.
In case of disobedience or neglect of any subpoena served on
any person, or the refusal of any witness to testify to any matter
regarding which the witness may be lawfully interrogated, the
court of common pleas of the county in which the disobedience,
neglect, or refusal occurs, or any judge thereof, on application
of the commission or any member thereof, shall compel obedience by
attachment proceedings for contempt as in the case of disobedience
of the requirements of a subpoena issued from that court or a
refusal to testify therein. Witnesses at such hearings shall
testify under oath, and any member of the commission may
administer oaths or affirmations to persons who so testify.
At the request of any party to the appeal, a stenographic or
electronic record of the testimony and other evidence submitted
shall be taken by an official court shorthand reporter at the
expense of the party making the request therefor for the record.
The record shall include all of the testimony and other evidence
and the rulings on the admissibility thereof presented at the
hearing. The commission shall pass upon the admissibility of
evidence, but any party may at the time object to the admission of
any evidence and except to the rulings of the commission thereon,
and if the commission refuses to admit evidence the party offering
same may make a proffer thereof, and such proffer shall be made a
part of the record of the hearing.
If upon completion of the hearing the commission finds that
the order appealed from was lawful and reasonable, it shall make a
written order affirming the order appealed from; if the commission
finds that the order was unreasonable or unlawful, it shall make a
written order vacating the order appealed from and making the
order that it finds the chief should have made. Every order made
by the commission shall contain a written finding by the
commission of the facts upon which the order is based.
Notice of the making of the order shall be given forthwith to
each party to the appeal by mailing a certified copy thereof to
each such party by certified mail.
The order of the commission is final unless vacated by the
court of common pleas of Franklin county in an appeal as provided
for in section 1509.37 of the Revised Code. Sections 1509.01 to
1509.37 of the Revised Code, providing for appeals relating to
orders by the chief or by the commission, or relating to rules
adopted by the chief, do not constitute the exclusive procedure
that any person who believes the person's rights to be unlawfully
affected by those sections or any official action taken thereunder
must pursue in order to protect and preserve those rights, nor do
those sections constitute a procedure that that person must pursue
before that person may lawfully appeal to the courts to protect
and preserve those rights.
Sec. 1509.38. There is hereby created in the division of
mineral oil and gas resources management a technical advisory
council on oil and gas, which shall consist of eight members to be
appointed by the governor with the advice and consent of the
senate. Three members shall be independent oil or gas producers,
operators, or their representatives, operating and producing
primarily in this state, three members shall be oil or gas
producers, operators, or their representatives having substantial
oil and gas producing operations in this state and at least one
other state, one member shall represent the public, and one member
shall represent persons having landowners' royalty interests in
oil and gas production. All members shall be residents of this
state, and all members, except the members representing the public
and persons having landowners' royalty interests, shall have at
least five years of practical or technical experience in oil or
gas drilling and production. Not more than one member may
represent any one company, producer, or operator.
Terms of office shall be for three years, commencing on the
first day of February and ending on the thirty-first day of
January. Each member shall hold office from the date of
appointment until the end of the term for which the member was
appointed. A vacancy in the office of a member shall be filled by
the governor, with the advice and consent of the senate. Any
member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. Any
member shall continue in office subsequent to the expiration date
of the member's term until the member's successor takes office, or
until a period of sixty days has elapsed, whichever occurs first.
The council shall select from among its members a
chairperson, a vice-chairperson, and a secretary. All members are
entitled to their actual and necessary expenses incurred in the
performance of their duties as members, payable from the
appropriations for the division.
The governor may remove any member for inefficiency, neglect
of duty, or malfeasance in office.
The council shall hold at least one regular meeting in each
quarter of a calendar year and shall keep a record of its
proceedings. Special meetings may be called by the chairperson and
shall be called by the chairperson upon receipt of a written
request signed by two or more members of the council. A written
notice of the time and place of each meeting shall be sent to each
member of the council. Five members constitute a quorum, and no
action of the council is valid unless five members concur.
The council, when requested by the chief of the division of
mineral oil and gas resources management, shall consult with and
advise the chief and perform other duties that may be lawfully
delegated to it by the chief. The council may participate in
hearings held by the chief under this chapter and has powers of
approval as provided in sections 1509.24 and 1509.25 of the
Revised Code. The council shall conduct the activities required,
and exercise the authority granted, under Chapter 1510. of the
Revised Code.
The council, upon receiving a request from the chairperson of
the oil and gas commission under division (C) of section 1509.35
of the Revised Code, immediately shall prepare and provide to the
chairperson a list of its members who may serve as temporary
members of the oil and gas commission as provided in that
division.
Sec. 1509.40. Except as provided in section 1509.29 of the
Revised Code, no authority granted in this chapter shall be
construed as authorizing a limitation on the amount that any well,
leasehold, or field is permitted to produce under proration orders
of the division of mineral oil and gas resources management.
Sec. 1509.50. (A) An oil and gas regulatory cost recovery
assessment is hereby imposed by this section on an owner. An owner
shall pay the assessment in the same manner as a severer who is
required to file a return under section 5749.06 of the Revised
Code. However, an owner may designate a severer who shall pay the
owner's assessment on behalf of the owner on the return that the
severer is required to file under that section. If a severer so
pays an owner's assessment, the severer may recoup from the owner
the amount of the assessment. Except for an exempt domestic well,
the assessment imposed shall be in addition to the taxes levied on
the severance of oil and gas under section 5749.02 of the Revised
Code.
(B)(1) Except for an exempt domestic well, the oil and gas
regulatory cost recovery assessment shall be calculated on a
quarterly basis and shall be one of the following:
(a) If the sum of ten cents per barrel of oil for all of the
wells of the owner, one-half of one cent per one thousand cubic
feet of natural gas for all of the wells of the owner, and the
amount of the severance tax levied on each severer for all of the
wells of the owner under divisions (A)(5) and (6) of section
5749.02 of the Revised Code, as applicable, is greater than the
sum of fifteen dollars for each well owned by the owner, the
amount of the assessment is the sum of ten cents per barrel of oil
for all of the wells of the owner and one-half of one cent per one
thousand cubic feet of natural gas for all of the wells of the
owner.
(b) If the sum of ten cents per barrel of oil for all of the
wells of the owner, one-half of one cent per one thousand cubic
feet of natural gas for all of the wells of the owner, and the
amount of the severance tax levied on each severer for all of the
wells of the owner under divisions (A)(5) and (6) of section
5749.02 of the Revised Code, as applicable, is less than the sum
of fifteen dollars for each well owned by the owner, the amount of
the assessment is the sum of fifteen dollars for each well owned
by the owner less the amount of the tax levied on each severer for
all of the wells of the owner under divisions (A)(5) and (6) of
section 5749.02 of the Revised Code, as applicable.
(2) The oil and gas regulatory cost recovery assessment for a
well that becomes an exempt domestic well on and after the
effective date of this section June 30, 2010, shall be sixty
dollars to be paid to the division of mineral oil and gas
resources management on the first day of July of each year.
(C) All money collected pursuant to this section shall be
deposited in the state treasury to the credit of the oil and gas
well fund created in section 1509.02 of the Revised Code.
(D) Except for purposes of revenue distribution as specified
in division (B) of section 5749.02 of the Revised Code, the oil
and gas regulatory cost recovery assessment imposed by this
section shall be treated the same and equivalent for all purposes
as the taxes levied on the severance of oil and gas under that
section. However, the assessment imposed by this section is not a
tax under Chapter 5749. of the Revised Code.
Sec. 1510.01. As used in this chapter:
(A) "First purchaser" means:
(1) With regard to crude oil, the person to whom title first
is transferred beyond the gathering tank or tanks, beyond the
facility from which the crude oil was first produced, or both;
(2) With regard to natural gas, the person to whom title
first is transferred beyond the inlet side of the measurement
station from which the natural gas was first produced.
(B) "Independent producer" means a person who complies with
both of the following:
(1) Produces oil or natural gas and is not engaged in
refining either product;
(2) Derives a majority of income from ownership in properties
producing oil or natural gas.
(C) "Qualified independent producer association" means an
association that complies with all of the following:
(1) It is in existence on December 18, 1997.
(2) It is organized and operating within this state.
(3) A majority of the members of its governing body are
independent producers.
(D) "Technical advisory council" or "council" means the
technical advisory council created in the division of mineral oil
and gas resources management under section 1509.38 of the Revised
Code.
Sec. 1510.08. (A)(1) Except as provided in division (A)(2)
of this section, an operating committee may levy assessments on
the production of oil and natural gas in this state for the
purposes of a marketing program established under this chapter.
(2) An operating committee shall not levy an assessment that
was not approved by independent producers or that exceeds the
amount authorized under division (B)(1) of section 1510.04 of the
Revised Code. An operating committee shall not levy an assessment
against an independent producer who is not eligible to vote in a
referendum for the marketing program that the operating committee
administers, as determined under division (C) of section 1510.02
of the Revised Code.
(B) The technical advisory council may require a first
purchaser to withhold assessments from any amounts that the first
purchaser owes to independent producers and, notwithstanding
division (A)(2) of this section, to remit them to the chairperson
of the council at the office of the division of mineral oil and
gas resources management. A first purchaser who pays an assessment
that is levied pursuant to this section for an independent
producer may deduct the amount of the assessment from any moneys
that the first purchaser owes the independent producer.
(C) A marketing program shall require a refund of assessments
collected under this section after receiving an application for a
refund from an independent producer. An application for a refund
shall be made on a form furnished by the council. The operating
committee shall ensure that refund forms are available where
assessments for its program are withheld.
An independent producer who desires a refund shall submit a
request for a refund not later than the thirty-first day of March
of the year in which the request is submitted. The council shall
refund the assessment to the independent producer not later than
the thirtieth day of June of the year in which the request for the
refund is submitted.
(D) An operating committee shall not use moneys from any
assessments that it levies for any political or legislative
purpose or for preferential treatment of one person to the
detriment of another person who is affected by the marketing
program that the operating committee administers.
Sec. 1515.14. Within the limits of funds appropriated to the
department of natural resources and the soil and water
conservation district assistance fund created in this section,
there shall be paid in each calendar year to each local soil and
water conservation district an amount not to exceed one dollar for
each one dollar received in accordance with section 1515.10 of the
Revised Code, received from tax levies in excess of the ten-mill
levy limitation approved for the benefit of local soil and water
conservation districts, or received from an appropriation by a
municipal corporation or a township to a maximum of eight thousand
dollars, provided that the Ohio soil and water conservation
commission may approve payment to a district in an amount in
excess of eight thousand dollars in any calendar year upon receipt
of a request and justification from the district. The county
auditor shall credit such payments to the special fund established
pursuant to section 1515.10 of the Revised Code for the local soil
and water conservation district. The department may make advances
at least quarterly to each district on the basis of the estimated
contribution of the state to each district. Moneys received by
each district shall be expended for the purposes of the district.
For the purpose of providing money to soil and water
conservation districts under this section, there is hereby created
in the state treasury the soil and water conservation district
assistance fund consisting of money credited to it under sections
3714.073 and 3734.901 and division (A)(5)(4) of section 3734.57 of
the Revised Code.
Sec. 1517.02. There is hereby created in the department of
natural resources the division of natural areas and preserves,
which shall be administered by the chief of the division of
natural areas and preserves. The chief shall take an oath of
office and shall file in the office of the secretary of state a
bond signed by the chief and by a surety approved by the governor
for a sum fixed pursuant to section 121.11 of the Revised Code.
The chief shall administer a system of nature preserves. The
chief shall establish a system of nature preserves through
acquisition and dedication of natural areas of state or national
significance, which shall include, but not be limited to, areas
that represent characteristic examples of Ohio's natural landscape
types and its natural vegetation and geological history. The chief
shall encourage landowners to dedicate areas of unusual
significance as nature preserves, and shall establish and maintain
a registry of natural areas of unusual significance.
The chief may participate in watershed planning activities
with other states or federal agencies.
The chief shall do the following:
(A) Formulate policies and plans for the acquisition, use,
management, and protection of nature preserves;
(B) Formulate policies for the selection of areas suitable
for registration;
(C) Formulate policies for the dedication of areas as nature
preserves;
(D) Prepare and maintain surveys and inventories of natural
areas, rare and endangered species of plants and animals, and
other unique natural features. The information shall be stored
entered in the Ohio natural heritage database, established
pursuant to this division, and may be made available to any
individual or private or public agency for research, educational,
environmental, land management, or other similar purposes that are
not detrimental to the conservation of a species or feature.
Information regarding sensitive site locations of species that are
listed pursuant to section 1518.01 of the Revised Code and of
unique natural features that are included in the Ohio natural
heritage database is not subject to section 149.43 of the Revised
Code if the chief determines that the release of the information
could be detrimental to the conservation of a species or unique
natural feature under section 1531.04 of the Revised Code.
(E) Adopt rules for the use, visitation, and protection of
nature preserves and natural areas owned or managed through
easement, license, or lease by the department and administered by
the division in accordance with Chapter 119. of the Revised Code;
(F) Provide facilities and improvements within the state
system of nature preserves that are necessary for their
visitation, use, restoration, and protection and do not impair
their natural character;
(G) Provide interpretive programs and publish and disseminate
information pertaining to nature preserves and natural areas for
their visitation and use;
(H) Conduct and grant permits to qualified persons for the
conduct of scientific research and investigations within nature
preserves;
(I) Establish an appropriate system for marking nature
preserves;
(J) Publish and submit to the governor and the general
assembly a biennial report of the status and condition of each
nature preserve, activities conducted within each preserve, and
plans and recommendations for natural area preservation.
Sec. 1531.04. The division of wildlife, at the direction of
the chief of the division, shall do all of the following:
(A) Plan, develop, and institute programs and policies based
on the best available information, including biological
information derived from professionally accepted practices in
wildlife and fisheries management, with the approval of the
director of natural resources;
(B) Have and take the general care, protection, and
supervision of the wildlife in the state parks known as Lake St.
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye Lake,
Guilford Lake, such part of Pymatuning reservoir as lies in this
state, and all other state parks and lands owned by the state or
in which it is interested or may acquire or become interested,
except lands and lakes the care and supervision of which are
vested in some other officer, body, board, association, or
organization;
(C) Enforce by proper legal action or proceeding the laws of
the state and division rules for the protection, preservation,
propagation, and management of wild animals and sanctuaries and
refuges for the propagation of those wild animals, and adopt and
carry into effect such measures as it considers necessary in the
performance of its duties;
(D) Promote, educate, and inform the citizens of the state
about conservation and the values of fishing, hunting, and
trapping, with the approval of the director;
(E) Prepare and maintain surveys and inventories of rare and
endangered species of plants and animals and other unique natural
features. The information shall be stored in the Ohio natural
heritage database, established pursuant to this division, and may
be made available to any individual or private or public agency
for research, educational, environmental, land management, or
other similar purposes that are not detrimental to the
conservation of a species or feature. Information regarding
sensitive site locations of species that are listed pursuant to
section 1518.01 of the Revised Code and of unique natural features
that are included in the Ohio natural heritage database is not
subject to section 149.43 of the Revised Code if the chief
determines that the release of the information could be
detrimental to the conservation of a species or unique natural
feature.
Sec. 1541.03. All lands and waters dedicated and set apart
for state park purposes shall be under the control and management
of the division of parks and recreation, which shall protect,
maintain, and keep them in repair. The division shall have the
following powers over all such lands and waters:
(A) To make alterations and improvements;
(B) To construct and maintain dikes, wharves, landings,
docks, dams, and other works;
(C) To construct and maintain roads and drives in, around,
upon, and to the lands and waters to make them conveniently
accessible and useful to the public;
(D) Except as otherwise provided in this section, to adopt,
amend, and rescind, in accordance with Chapter 119. of the Revised
Code, rules necessary for the proper management of state parks,
bodies of water, and the lands adjacent to them under its
jurisdiction and control, including the following:
(1) Governing opening and closing times and dates of the
parks;
(2) Establishing fees and charges for use of facilities in
state parks;
(3) Governing camps, camping, and fees for camps and camping;
(4) Governing the application for and rental of, rental fees
for, and the use of cottages;
(5) Relating to public use of state park lands, and governing
the operation of motor vehicles, including speeds, and parking on
those lands;
(6) Governing all advertising within state parks and the
requirements for the operation of places selling tangible personal
property and control of food service sales on lands and waters
under the control of the division, which rules shall establish
uniform requirements;
(7) Providing uniform standards relating to the size, type,
location, construction, and maintenance of structures and devices
used for fishing or moorage of watercraft, rowboats, sailboats,
and powercraft, as those terms are defined in section 1547.01 of
the Revised Code, over waters under the control of the division
and establishing reasonable fees for the construction of and
annual use permits for those structures and devices;
(8) Governing state beaches, swimming, inflatable devices,
and fees for them;
(9) Governing the removal and disposition of any watercraft,
rowboat, sailboat, or powercraft, as those terms are defined in
section 1547.01 of the Revised Code, left unattended for more than
seven days on any lands or waters under the control of the
division;
(10) Governing the establishment and collection of check
collection charges for checks that are returned to the division or
dishonored for any reason.
(E) To coordinate and plan trails in accordance with section
1519.03 of the Revised Code;
(F) To cooperate with the United States and agencies of it
and with political subdivisions in administering federal
recreation moneys under the "Land and Water Conservation Fund Act
of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and
distribute the statewide comprehensive outdoor recreation plan;
and administer the state recreational vehicle fund created in
section 4519.11 of the Revised Code;
(G) To administer any state or federally funded grant program
that is related to natural resources and recreation as considered
necessary by the director of natural resources;
(H) To assist the department of natural resources and its
divisions by providing department-wide planning, capital
improvements planning, and special purpose planning.
With the approval of the director, the chief of the division
of parks and recreation may enter into contracts or agreements
with any agency of the United States government, any other public
agency, or any private entity or organization for the performance
of the duties of the division.
The chief may sell, lease, or transfer minerals or mineral
rights, with the approval of the director of natural resources,
when the chief and the director determine it to be in the best
interest of the state. Upon approval of the director, the chief
may make, execute, and deliver contracts, including leases, to
drill for oil and natural gas on and under lands owned by the
state and administered by the division to any person who complies
with the terms of such a contract. No such contract shall be valid
for more than fifty years from its effective date. Consideration
for minerals and mineral rights shall be by rental or royalty
basis as prescribed by the chief and payable as prescribed by
contract. Money collected from rentals shall be paid into the
state treasury to the credit of the state park fund created in
section 1541.22 of the Revised Code. Money collected from
royalties shall be paid into the parks mineral royalties trust
fund created in section 1541.25 of the Revised Code.
The division shall adopt rules under this section
establishing a discount program for all persons who are issued a
golden buckeye card under section 173.06 of the Revised Code. The
discount program shall provide a discount for all park services
and rentals, but shall not provide a discount for the purchase of
merchandise.
The division shall not adopt rules establishing fees or
charges for parking a motor vehicle in a state park or for
admission to a state park.
Every resident of this state with a disability that has been
determined by the veterans administration to be permanently and
totally disabling, who receives a pension or compensation from the
veterans administration, and who received an honorable discharge
from the armed forces of the United States, and every veteran to
whom the registrar of motor vehicles has issued a set of license
plates under section 4503.41 of the Revised Code, shall be exempt
from the fees for camping, provided that the resident or veteran
carries in the state park such evidence of the resident's or
veteran's disability as the chief prescribes by rule.
Unless otherwise provided by division rule, every resident of
this state who is sixty-five years of age or older or who is
permanently and totally disabled and who furnishes evidence of
that age or disability in a manner prescribed by division rule
shall be charged one-half of the regular fee for camping, except
on the weekends and holidays designated by the division, and shall
not be charged more than ninety per cent of the regular charges
for state recreational facilities, equipment, services, and food
service operations utilized by the person at any time of year,
whether maintained or operated by the state or leased for
operation by another entity.
As used in this section, "food service operations" means
restaurants that are owned by the department of natural resources
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state
parks or are part of a state park lodge. "Food service operations"
does not include automatic vending machines, concession stands, or
snack bars.
As used in this section, "prisoner of war" means any
regularly appointed, enrolled, enlisted, or inducted member of the
military forces of the United States who was captured, separated,
and incarcerated by an enemy of the United States. Any person who
has been a prisoner of war, was honorably discharged from the
military forces, and is a resident of this state is exempt from
the fees for camping. To claim this exemption, the person shall
present written evidence in the form of a record of separation, a
letter from one of the military forces of the United States, or
such other evidence as the chief prescribes by rule that satisfies
the eligibility criteria established by this section.
Sec. 1541.05. (A) The chief of the division of parks and
recreation, with the approval of the director of natural
resources, may dispose of any of the following by sale, donation,
trade, trade-in, recycling, or any other lawful means, in a manner
that will benefit the division:
(1) Standing timber that as a result of wind, storm,
pestilence, or any other natural occurrence may present a hazard
to life or property, timber that has weakened or fallen on lands
under the control and management of the division, or any timber or
other forest products that requires require management to improve
wildlife habitat, protect against wildfires, provide access to
recreational facilities, implement sustainable forestry practices,
or improve the safety, quality, or appearance of any state park
area;
(2) Spoils of a dredging operation conducted by the division
in waters under the control and management of the division. Prior
to the disposition of any spoils under this division, the chief
shall notify the director of environmental protection of the
chief's intent so that the director may determine if the spoils
constitute solid wastes or hazardous waste, as those terms are
defined in section 3734.01 of the Revised Code, that must be
disposed of in accordance with Chapter 3734. of the Revised Code.
If the director does not notify the chief within thirty days after
receiving notice of the disposition that the spoils must be
disposed of in accordance with Chapter 3734. of the Revised Code,
the chief may proceed with the disposition.
(3) Notwithstanding sections 125.12 to 125.14 of the Revised
Code, excess supplies and surplus supplies, as those terms are
defined in section 125.12 of the Revised Code;
(4) Agricultural products that are grown or raised by the
division. As used in this division, "agricultural products"
includes products of apiculture, animal husbandry, or poultry
husbandry, field crops, fruits, and vegetables.
(5) Abandoned personal property, including golf balls that
are found on property under the control and management of the
division.
(B) In accordance with Chapter 119. of the Revised Code, the
chief shall adopt, and may amend and rescind, such rules as are
necessary to administer this section.
(C) Proceeds Except as provided in division (D) of this
section, proceeds from the disposition of items under this section
shall be deposited in the state treasury to the credit of the
state park fund created in section 1541.22 of the Revised Code.
(D) The chief of the division of parks and recreation may
enter into a memorandum of understanding with the chief of the
division of forestry to allow the division of forestry to
administer the sale of timber and forest products on lands that
are owned or controlled by the division of parks and recreation.
Proceeds from the sale of timber or forest products pursuant to
the memorandum of understanding shall be apportioned as follows:
(1) Seventy-five per cent of the proceeds shall be deposited
in the state treasury to the credit of the state park fund.
(2) Twenty-five per cent of the proceeds shall be deposited
in the state treasury to the credit of the state forest fund
created in section 1503.05 of the Revised Code.
Sec. 1541.25. There is hereby created the parks mineral
royalties trust fund, which shall be in the custody of the
treasurer of state and shall not be a part of the state treasury.
The fund shall consist of royalties paid to the division of parks
and recreation pursuant to the sale, lease, or transfer of
minerals or mineral rights as provided in section 1541.03 of the
Revised Code. Money in the fund shall be used by the division to
facilitate capital improvements, maintenance, repairs, and
renovations on properties that are owned by the state and
administered by the division.
Investment earnings of the fund shall be credited to the
parks mineral royalties fund created in section 1541.26 of the
Revised Code. Quarterly each fiscal year, the investment earnings
of the parks mineral royalties trust fund shall be transferred to
the parks mineral royalties fund.
Upon the request of the director of natural resources, the
director of budget and management annually may transfer an amount
not to exceed ten per cent of the principal of the parks mineral
royalties trust fund to the parks mineral royalties fund.
Sec. 1541.26. There is hereby created in the state treasury
the parks mineral royalties fund. The fund shall consist of all
investment earnings of the parks mineral royalties trust fund
created in section 1541.25 of the Revised Code and any principal
transferred from the trust fund as authorized by that section.
Money in the parks mineral royalties fund shall be used by
the division of parks and recreation to facilitate capital
improvements, maintenance, repairs, and renovations on properties
that are owned by the state and administered by the division. All
expenditures from the fund shall be approved by the director of
natural resources.
Sec. 1551.311. The general assembly hereby finds and
declares that the future of the Ohio coal industry lies in the
development of clean coal technology and that the disproportionate
economic impact on the state under Title IV of the "Clean Air Act
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, warrants
maximum federal assistance to this state for such development. It
is therefore imperative that the Ohio air quality department of
development authority created under Chapter 3706. of the Revised
Code, its Ohio coal development office, the Ohio coal industry,
the Ohio Washington office in the office of the governor, and the
state's congressional delegation make every effort to acquire any
federal assistance available for the development of clean coal
technology, including assisting entities eligible for grants in
their acquisition. The Ohio coal development agenda required by
section 1551.34 of the Revised Code shall include, in addition to
the other information required by that section, a description of
such efforts and a description of the current status of the
development of clean coal technology in this state and elsewhere.
Sec. 1551.32. (A) There is hereby established within the
Ohio air quality department of development authority the Ohio coal
development office whose purposes are to do all of the following:
(1) Encourage, promote, and support siting, financing,
construction, and operation of commercially available or scaled
facilities and technologies, including, without limitation,
commercial-scale demonstration facilities and, when necessary or
appropriate to demonstrate the commercial acceptability of a
specific technology, up to three installations within this state
utilizing the specific technology, to more efficiently produce,
beneficiate, market, or use Ohio coal;
(2) Encourage, promote, and support the market acceptance and
increased market use of Ohio coal through technology and market
development;
(3) Assist in the financing of coal development facilities;
(4) Encourage, promote, and support, in state-owned
buildings, facilities, and operations, use of Ohio coal and
electricity sold by utilities and others in this state that use
Ohio coal for generation;
(5) Improve environmental quality, particularly through
cleaner use of Ohio coal;
(6) Assist and cooperate with governmental agencies,
universities and colleges, coal producers, coal miners, electric
utilities and other coal users, public and private sector coal
development interests, and others in achieving these purposes.
(B) The office shall give priority to improvement or
reconstruction of existing facilities and equipment when
economically feasible, to construction and operation of
commercial-scale facilities, and to technologies, equipment, and
other techniques that enable maximum use of Ohio coal in an
environmentally acceptable, cost-effective manner.
Sec. 1551.33. (A) The Ohio air quality director of
development authority, by the affirmative vote of a majority of
its members, shall appoint and fix the compensation of the
director of the Ohio coal development office. The director shall
serve at the pleasure of the authority director of development.
(B) The director of the office shall do all of the following:
(1) Biennially prepare and maintain the Ohio coal development
agenda required under section 1551.34 of the Revised Code;
(2) Propose and support policies for the office consistent
with the Ohio coal development agenda and develop means to
implement the agenda;
(3) Initiate, undertake, and support projects to carry out
the office's purposes and ensure that the projects are consistent
with and meet the selection criteria established by the Ohio coal
development agenda;
(4) Actively encourage joint participation in and, when
feasible, joint funding of the office's projects with governmental
agencies, electric utilities, universities and colleges, other
public or private interests, or any other person;
(5) Establish a table of organization for and employ such
employees and agents as are necessary for the administration and
operation of the office. Any such employees shall be in the
unclassified service and shall serve at the pleasure of the
authority director of development.
(6) Appoint specified members of and convene the technical
advisory committee established under section 1551.35 of the
Revised Code;
(7) Review, with the assistance of the technical advisory
committee, proposed coal research and development projects as
defined in section 1555.01 of the Revised Code, and coal
development projects, submitted to the office by public utilities
for the purpose of section 4905.304 of the Revised Code. If the
director and the advisory committee determine that any such
facility or project has as its purpose the enhanced use of Ohio
coal in an environmentally acceptable, cost effective manner,
promotes energy conservation, is cost effective, and is
environmentally sound, the director shall submit to the public
utilities commission a report recommending that the commission
allow the recovery of costs associated with the facility or
project under section 4905.304 of the Revised Code and including
the reasons for the recommendation.
(8) Establish such policies, procedures, and guidelines as
are necessary to achieve the office's purposes.
(C) By the affirmative vote of a majority of the members of
the Ohio air quality development authority, the The director of
the office may exercise any of the powers and duties
of the
director of development as the authority and that the director of
the office consider considers appropriate or desirable to achieve
the office's purposes, including, but not limited to, the powers
and duties enumerated in sections 1551.11, 1551.12, 1551.13, and
1551.15 of the Revised Code.
Additionally, the director of the office may make loans to
governmental agencies or persons for projects to carry out the
office's purposes. Fees, charges, rates of interest, times of
payment of interest and principal, and other terms, conditions,
and provisions of the loans shall be such as the director of the
office determines to be appropriate and in furtherance of the
purposes for which the loans are made. The mortgage lien securing
any moneys lent by the director of the office may be subordinate
to the mortgage lien securing any moneys lent or invested by a
financial institution, but shall be superior to that securing any
moneys lent or expended by any other person. The moneys used in
making the loans shall be disbursed upon order of the director of
the office.
Sec. 1551.35. (A) There is hereby established a technical
advisory committee to assist the director of the Ohio coal
development office in achieving the office's purposes. The
director shall appoint to the committee one member of the public
utilities commission and one representative each of coal
production companies, the united mine workers of America, electric
utilities, manufacturers that use Ohio coal, and environmental
organizations, as well as two people with a background in coal
research and development technology, one of whom is employed at
the time of the member's appointment by a state university, as
defined in section 3345.011 of the Revised Code. In addition, the
committee shall include four legislative members. The speaker and
minority leader of the house of representatives each shall appoint
one member of the house of representatives, and the president and
minority leader of the senate each shall appoint one member of the
senate, to the committee. The director of environmental protection
and the director of development shall serve on the committee as an
ex officio members member. Any member of the committee may
designate in writing a substitute to serve in the member's absence
on the committee. The director of environmental protection may
designate in writing the chief of the air pollution control
division of the agency to represent the agency. Members shall
serve on the committee at the pleasure of their appointing
authority. Members of the committee appointed by the director of
the office and, notwithstanding section 101.26 of the Revised
Code, legislative members of the committee, when engaged in their
official duties as members of the committee, shall be compensated
on a per diem basis in accordance with division (J) of section
124.15 of the Revised Code, except that the member of the public
utilities commission and, while employed by a state university,
the member with a background in coal research, shall not be so
compensated. Members shall receive their actual and necessary
expenses incurred in the performance of their duties.
(B) The technical advisory committee shall review and make
recommendations concerning the Ohio coal development agenda
required under section 1551.34 of the Revised Code, project
proposals, research and development projects submitted to the
office by public utilities for the purpose of section 4905.304 of
the Revised Code, proposals for grants, loans, and loan guarantees
for purposes of sections 1555.01 to 1555.06 of the Revised Code,
and such other topics as the director of the office considers
appropriate.
(C) The technical advisory committee may hold an executive
session at any regular or special meeting for the purpose of
considering research and development project proposals or
applications for assistance submitted to the Ohio coal development
office under section 1551.33, or sections 1555.01 to 1555.06, of
the Revised Code, to the extent that the proposals or applications
consist of trade secrets or other proprietary information.
Any materials or data submitted to, made available to, or
received by the Ohio air quality department of development
authority or the director of the Ohio coal development office in
connection with agreements for assistance entered into under this
chapter or Chapter 1555. of the Revised Code, or any information
taken from those materials or data for any purpose, to the extent
that the materials or data consist of trade secrets or other
proprietary information, are not public records for the purposes
of section 149.43 of the Revised Code.
As used in this division, "trade secrets" has the same
meaning as in section 1333.61 of the Revised Code.
Sec. 1555.02. It is hereby declared to be the public policy
of this state through the operations of the Ohio coal development
office under this chapter to contribute toward one or more of the
following: to provide for the comfort, health, safety, and general
welfare of all employees and other inhabitants of this state
through research and development directed toward the discovery of
new technologies or the demonstration or application of existing
technologies to enable the conversion or use of Ohio coal as a
fuel or chemical feedstock in an environmentally acceptable manner
thereby enhancing the marketability and fostering the use of this
state's vast reserves of coal, to assist in the financing of coal
research and development and coal research and development
projects or facilities for persons doing business in this state
and educational and scientific institutions located in this state,
to create or preserve jobs and employment opportunities or improve
the economic welfare of the people of this state, or to assist and
cooperate with such persons and educational and scientific
institutions in conducting coal research and development. In
furtherance of this public policy, the Ohio coal development
office, with the advice of the technical advisory committee
created in section 1551.35 of the Revised Code and the affirmative
vote of a majority of the members of the Ohio air quality
development authority, may make loans, guarantee loans, and make
grants to persons doing business in this state or to educational
or scientific institutions located in this state for coal research
and development projects by such persons or educational or
scientific institutions; may, with the advice of the technical
advisory committee and the affirmative vote of a majority of the
members of the Ohio air quality development authority, request the
issuance of coal research and development general obligations
under section 151.07 of the Revised Code to provide funds for
making such loans, loan guarantees, and grants; and may, with the
advice of the technical advisory committee and the affirmative
vote of a majority of the members of the Ohio air quality
development authority, expend moneys credited to the coal research
and development fund created in section 1555.15 of the Revised
Code for the purpose of making such loans, loan guarantees, and
grants. Determinations by the director of the Ohio coal
development office that coal research and development or a coal
research and development facility is a coal research and
development project under this chapter and is consistent with the
purposes of Section 15 of Article VIII, Ohio Constitution, and
this chapter shall be conclusive as to the validity and
enforceability of the coal research and development general
obligations issued to finance such project and of the
authorizations, trust agreements or indentures, loan agreements,
loan guarantee agreements, or grant agreements, and other
agreements made in connection therewith, all in accordance with
their terms.
Sec. 1555.03. For the purposes of this chapter, the director
of the Ohio coal development office may:
(A) With the advice of the technical advisory committee
created in section 1551.35 of the Revised Code and the affirmative
vote of a majority of the members of the Ohio air quality
development authority, make loans, guarantee loans, and make
grants to persons doing business in this state or to educational
or scientific institutions located in this state for coal research
and development projects by any such person or educational or
scientific institution and adopt rules under Chapter 119. of the
Revised Code for making such loans, guarantees, and grants.
(B) In making loans, loan guarantees, and grants under
division (A) of this section and section 1555.04 of the Revised
Code, the director of the office shall ensure that an adequate
portion of the total amount of those loans, loan guarantees, and
grants, as determined by the director with the advice of the
technical advisory committee, is used for conducting research on
fundamental scientific problems related to the utilization of Ohio
coal and shall ensure, to the maximum feasible extent, joint
financial participation by the federal government or other
investors or interested parties in conjunction with any such loan,
loan guarantee, or grant. The director, in each grant agreement or
contract under division (A) of this section, loan contract or
agreement under this division or section 1555.04 of the Revised
Code, and contract of guarantee under section 1555.05 of the
Revised Code, shall require that the facility or project be
maintained and kept in good condition and repair by the person or
educational or scientific institution to whom the grant or loan
was made or for whom the guarantee was made.
(C) From time to time, with the advice of the technical
advisory committee and the affirmative vote of a majority of the
members of the Ohio air quality development authority, request the
issuance of coal research and development general obligations
under section 151.07 of the Revised Code, for any of the purposes
set forth in Section 15 of Article VIII, Ohio Constitution, and
subject to the limitations therein upon the aggregate total amount
of obligations that may be outstanding at any time.
(D) Include as a condition of any loan, loan guarantee, or
grant contract or agreement with any such person or educational or
scientific institution that the director of the office receive, in
addition to payments of principal and interest on any such loan or
service charges for any such guarantee, as appropriate, as
authorized by Section 15, Article VIII, Ohio Constitution, a
reasonable royalty or portion of the income or profits arising out
of the developments, discoveries, or inventions, including patents
or copyrights, that result in whole or in part from coal research
and development projects conducted under any such contract or
agreement, in such amounts and for such period of years as may be
negotiated and provided by the contract or agreement in advance of
the making of the grant, loan, or loan guarantee. Moneys received
by the director of the office under this section may be credited
to the coal research and development bond service fund or used to
make additional loans, loan guarantees, grants, or agreements
under this section.
(E) Employ managers, superintendents, and other employees and
retain or contract with consulting engineers, financial
consultants, accounting experts, architects, and such other
consultants and independent contractors as are necessary in the
judgment of the director of the office to carry out this chapter,
and fix the compensation thereof.
(F) Receive and accept from any federal agency, subject to
the approval of the governor, grants for or in aid of the
construction or operation of any coal research and development
project or for coal research and development, and receive and
accept aid or contributions from any source of money, property,
labor, or other things of value, to be held, used, and applied
only for the purposes for which such grants and contributions are
made.
(G) Purchase fire and extended coverage and liability
insurance for any coal research and development project, insurance
protecting the office and its officers and employees against
liability for damage to property or injury to or death of persons
arising from its operations, and any other insurance the director
of the office determines necessary or proper under this chapter.
Any moneys received by the director from the proceeds of any such
insurance with respect to a coal research and development project
and any moneys received by the director from the proceeds of any
settlement, judgment, foreclosure, or other insurance with respect
to a coal research and development project or facility shall be
credited to the coal research and development bond service fund.
(H) In the exercise of the powers of the director of the
office under this chapter, call to the director's assistance,
temporarily, from time to time, any engineers, technical experts,
financial experts, and other employees in any state department,
agency, or commission, or in the Ohio state university, or other
educational institutions financed wholly or partially by this
state for purposes of assisting the director of the office with
reviewing and evaluating applications for financial assistance
under this chapter, monitoring performance of coal research and
development projects receiving financial assistance under this
chapter, and reviewing and evaluating the progress and findings of
those projects. Such engineers, experts, and employees shall not
receive any additional compensation over that which they receive
from the department, agency, commission, or educational
institution by which they are employed, but they shall be
reimbursed for their actual and necessary expenses incurred while
working under the direction of the director.
(I) Do all acts necessary or proper to carry out the powers
expressly granted in this chapter.
Sec. 1555.04. (A) With respect to coal research and
development projects financed wholly or partially from a loan or
loan guarantee under this chapter, the director of the Ohio coal
development office, in addition to other powers under this
chapter, with the advice of the technical advisory committee
created in section 1551.35 of the Revised Code and the affirmative
vote of a majority of the members of the Ohio air quality
development authority, may enter into loan agreements, accept
notes and other forms of obligation to evidence such indebtedness
and mortgages, liens, pledges, assignments, or other security
interests to secure such indebtedness, which may be prior or
subordinate to or on a parity with other indebtedness,
obligations, mortgages, pledges, assignments, other security
interests, or liens or encumbrances, and take such actions as the
director of the office considers appropriate to protect such
security and safeguard against losses, including, without
limitation, foreclosure and the bidding upon and purchase of
property upon foreclosure or other sale.
(B) The authority granted by this section is cumulative and
supplementary to all other authority granted in this chapter. The
authority granted by this section does not alter or impair any
similar authority granted elsewhere in this chapter with respect
to other projects.
Sec. 1555.05. (A) Subject to any limitations as to aggregate
amounts thereof that may from time to time be prescribed by the
general assembly and to other applicable provisions of this
chapter, and subject to the one-hundred-million-dollar limitation
provided in Section 15 of Article VIII, Ohio Constitution, the
director of the Ohio coal development office, on behalf of this
state, with the advice of the technical advisory committee created
in section 1551.35 of the Revised Code and the affirmative vote of
a majority of the members of the Ohio air quality development
authority, may enter into contracts to guarantee the repayment or
payment of the unpaid principal amount of loans made to pay the
costs of coal research and development projects.
(B) The contract of guarantee may make provision for the
conditions of, time for, and manner of fulfillment of the
guarantee commitment, subrogation of this state to the rights of
the parties guaranteed and exercise of such parties' rights by the
state, giving the state the option of making payment of the
principal amount guaranteed in one or more installments and, if
deferred, to pay interest thereon from the source specified in
division (A) of this section, and any other terms or conditions
customary to such guarantees and as the director of the office may
approve, and may contain provisions for securing the guarantee in
the manner consistent with this section, covenants on behalf of
this state to issue obligations under section 1555.08 of the
Revised Code to provide moneys to fulfill such guarantees and
covenants, and covenants restricting the aggregate amount of
guarantees that may be contracted under this section and
obligations that may be issued under section 151.07 of the Revised
Code, and terms pertinent to either, to better secure the parties
guaranteed.
(C) The director of the office may fix service charges for
making a guarantee. Such charges shall be payable at such times
and place and in such amounts and manner as may be prescribed by
the director. Moneys received from such charges shall be credited
to the coal research and development bond service fund.
(D) Any guaranteed parties under this section, by any
suitable form of legal proceedings and except to the extent that
their rights are restricted by the guarantee documents, may
protect and enforce any rights under the laws of this state or
granted by such guarantee or guarantee documents. Such rights
include the right to compel the performance of all duties of the
office required by this section or the guarantee or guarantee
documents; and in the event of default with respect to the payment
of any guarantees, to apply to a court having jurisdiction of the
cause to appoint a receiver to receive and administer the moneys
pledged to such guarantee with full power to pay, and to provide
for payment of, such guarantee, and with such powers, subject to
the direction of the court, as are accorded receivers in general
equity cases, excluding any power to pledge or apply additional
revenues or receipts or other income or moneys of this state. Each
duty of the office and its director and employees required or
undertaken under this section or a guarantee made under this
section is hereby established as a duty of the office and of its
director and each such employee having authority to perform such
duty, specifically enjoined by the law resulting from an office,
trust, or station within the meaning of section 2731.01 of the
Revised Code. The persons who are at the time the director of the
office, or its employees, are not liable in their personal
capacities on any guarantees or contracts to make guarantees by
the director.
Sec. 1555.06. Upon application by the director of the Ohio
coal development office with the affirmative vote of a majority of
the members of the Ohio air quality development authority, the
controlling board, from appropriations available to the board, may
provide funds for surveys or studies by the office of any proposed
coal research and development project subject to repayment by the
office from funds available to it, within the time fixed by the
board. Funds to be repaid shall be charged by the office to the
appropriate coal research and development project and the amount
thereof shall be a cost of the project. This section does not
abrogate the authority of the controlling board to otherwise
provide funds for use by the office in the exercise of the powers
granted to it by this chapter.
Sec. 1555.08. (A) Subject to the limitations provided in
Section 15 of Article VIII, Ohio Constitution, the commissioners
of the sinking fund, upon certification by the director of the
Ohio coal development office of the amount of moneys or additional
moneys needed in the coal research and development fund for the
purpose of making grants or loans for allowable costs, or needed
for capitalized interest, for funding reserves, and for paying
costs and expenses incurred in connection with the issuance,
carrying, securing, paying, redeeming, or retirement of the
obligations or any obligations refunded thereby, including payment
of costs and expenses relating to letters of credit, lines of
credit, insurance, put agreements, standby purchase agreements,
indexing, marketing, remarketing and administrative arrangements,
interest swap or hedging agreements, and any other credit
enhancement, liquidity, remarketing, renewal, or refunding
arrangements, all of which are authorized by this section, or
providing moneys for loan guarantees, shall issue obligations of
the state under this section in amounts authorized by the general
assembly; provided that such obligations may be issued to the
extent necessary to satisfy the covenants in contracts of
guarantee made under section 1555.05 of the Revised Code to issue
obligations to meet such guarantees, notwithstanding limitations
otherwise applicable to the issuance of obligations under this
section except the one-hundred-million-dollar limitation provided
in Section 15 of Article VIII, Ohio Constitution. The proceeds of
such obligations, except for the portion to be deposited in the
coal research and development bond service fund as may be provided
in the bond proceedings, shall as provided in the bond proceedings
be deposited in the coal research and development fund. The
commissioners of the sinking fund may appoint trustees, paying
agents, and transfer agents and may retain the services of
financial advisors, accounting experts, and attorneys, and retain
or contract for the services of marketing, remarketing, indexing,
and administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in
their judgment to carry out this section.
(B) The full faith and credit of the state of Ohio is hereby
pledged to obligations issued under this section. The right of the
holders and owners to payment of bond service charges is limited
to all or that portion of the moneys pledged thereto pursuant to
the bond proceedings in accordance with this section, and each
such obligation shall bear on its face a statement to that effect.
(C) Obligations shall be authorized by resolution of the
commissioners of the sinking fund on request of the director of
the Ohio coal development office as provided in section 1555.02 of
the Revised Code and the bond proceedings shall provide for the
purpose thereof and the principal amount or amounts, and shall
provide for or authorize the manner or agency for determining the
principal maturity or maturities, not exceeding forty years from
the date of issuance, the interest rate or rates or the maximum
interest rate, the date of the obligations and the dates of
payment of interest thereon, their denomination, and the
establishment within or without the state of a place or places of
payment of bond service charges. Sections 9.98 to 9.983 of the
Revised Code apply to obligations issued under this section. The
purpose of such obligations may be stated in the bond proceedings
in terms describing the general purpose or purposes to be served.
The bond proceedings shall also provide, subject to the provisions
of any other applicable bond proceedings, for the pledge of all,
or such part as the commissioners of the sinking fund may
determine, of the moneys credited to the coal research and
development bond service fund to the payment of bond service
charges, which pledges may be made either prior or subordinate to
other expenses, claims, or payments and may be made to secure the
obligations on a parity with obligations theretofore or thereafter
issued, if and to the extent provided in the bond proceedings. The
moneys so pledged and thereafter received by the state are
immediately subject to the lien of such pledge without any
physical delivery thereof or further act, and the lien of any such
pledges is valid and binding against all parties having claims of
any kind against the state or any governmental agency of the
state, irrespective of whether such parties have notice thereof,
and shall create a perfected security interest for all purposes of
Chapter 1309. of the Revised Code, without the necessity for
separation or delivery of funds or for the filing or recording of
the bond proceedings by which such pledge is created or any
certificate, statement, or other document with respect thereto;
and the pledge of such moneys is effective and the money therefrom
and thereof may be applied to the purposes for which pledged
without necessity for any act of appropriation. Every pledge, and
every covenant and agreement made with respect thereto, made in
the bond proceedings may therein be extended to the benefit of the
owners and holders of obligations authorized by this section, and
to any trustee therefor, for the further security of the payment
of the bond service charges.
(D) The bond proceedings may contain additional provisions as
to:
(1) The redemption of obligations prior to maturity at the
option of the commissioners of the sinking fund at such price or
prices and under such terms and conditions as are provided in the
bond proceedings;
(2) Other terms of the obligations;
(3) Limitations on the issuance of additional obligations;
(4) The terms of any trust agreement or indenture securing
the obligations or under which the obligations may be issued;
(5) The deposit, investment, and application of the coal
research and development bond service fund, and the safeguarding
of moneys on hand or on deposit, without regard to Chapter 131. or
135. of the Revised Code, but subject to any special provisions of
this chapter, with respect to particular moneys; provided, that
any bank or trust company which acts as depository of any moneys
in the fund may furnish such indemnifying bonds or may pledge such
securities as required by the commissioners of the sinking fund;
(6) Any other provision of the bond proceedings being binding
upon the commissioners of the sinking fund, or such other body or
person as may from time to time have the authority under law to
take such actions as may be necessary to perform all or any part
of the duty required by such provision;
(7) Any provision which may be made in a trust agreement or
indenture;
(8) Any other or additional agreements with the holders of
the obligations, or the trustee therefor, relating to the
obligations or the security therefor, including the assignment of
mortgages or other security obtained or to be obtained for loans
under this chapter.
(E) The obligations may have the great seal of the state or a
facsimile thereof affixed thereto or printed thereon. The
obligations shall be signed by such members of the commissioners
of the sinking fund as are designated in the resolution
authorizing the obligations or bear the facsimile signatures of
such members. Any coupons attached to the obligations shall bear
the facsimile signature of the treasurer of state. Any obligations
may be executed by the persons who, on the date of execution, are
the commissioners although on the date of such bonds the persons
were not the commissioners. Any coupons may be executed by the
person who, on the date of execution, is the treasurer of state
although on the date of such coupons the person was not the
treasurer of state. In case any officer or commissioner whose
signature or a facsimile of whose signature appears on any such
obligations or any coupons ceases to be such officer or
commissioner before delivery thereof, such signature or facsimile
is nevertheless valid and sufficient for all purposes as if the
individual had remained such officer or commissioner until such
delivery; and in case the seal to be affixed to obligations has
been changed after a facsimile of the seal has been imprinted on
such obligations, such facsimile seal shall continue to be
sufficient as to such obligations and obligations issued in
substitution or exchange therefor.
(F) All obligations except loan guarantees are negotiable
instruments and securities under Chapter 1308. of the Revised
Code, subject to the provisions of the bond proceedings as to
registration. The obligations may be issued in coupon or in
registered form, or both, as the commissioners of the sinking fund
determine. Provision may be made for the registration of any
obligations with coupons attached thereto as to principal alone or
as to both principal and interest, their exchange for obligations
so registered, and for the conversion or reconversion into
obligations with coupons attached thereto of any obligations
registered as to both principal and interest, and for reasonable
charges for such registration, exchange, conversion, and
reconversion.
(G) Obligations may be sold at public sale or at private
sale, as determined in the bond proceedings.
(H) Pending preparation of definitive obligations, the
commissioners of the sinking fund may issue interim receipts or
certificates which shall be exchanged for such definitive
obligations.
(I) In the discretion of the commissioners of the sinking
fund, obligations may be secured additionally by a trust agreement
or indenture between the commissioners and a corporate trustee,
which may be any trust company or bank having a place of business
within the state. Any such agreement or indenture may contain the
resolution authorizing the issuance of the obligations, any
provisions that may be contained in any bond proceedings, and
other provisions that are customary or appropriate in an agreement
or indenture of such type, including, but not limited to:
(1) Maintenance of each pledge, trust agreement, indenture,
or other instrument comprising part of the bond proceedings until
the state has fully paid the bond service charges on the
obligations secured thereby, or provision therefor has been made;
(2) In the event of default in any payments required to be
made by the bond proceedings, or any other agreement of the
commissioners of the sinking fund made as a part of the contract
under which the obligations were issued, enforcement of such
payments or agreement by mandamus, the appointment of a receiver,
suit in equity, action at law, or any combination of the
foregoing;
(3) The rights and remedies of the holders of obligations and
of the trustee, and provisions for protecting and enforcing them,
including limitations on rights of individual holders of
obligations;
(4) The replacement of any obligations that become mutilated
or are destroyed, lost, or stolen;
(5) Such other provisions as the trustee and the
commissioners of the sinking fund agree upon, including
limitations, conditions, or qualifications relating to any of the
foregoing.
(J) Any holder of obligations or a trustee under the bond
proceedings, except to the extent that the holder's rights are
restricted by the bond proceedings, may by any suitable form of
legal proceedings protect and enforce any rights under the laws of
this state or granted by such bond proceedings. Such rights
include the right to compel the performance of all duties of the
commissioners of the sinking fund, the Ohio air quality department
of development authority, or the Ohio coal development office
required by this chapter and Chapter 1551. of the Revised Code or
the bond proceedings; to enjoin unlawful activities; and in the
event of default with respect to the payment of any bond service
charges on any obligations or in the performance of any covenant
or agreement on the part of the commissioners, the authority
department, or the office in the bond proceedings, to apply to a
court having jurisdiction of the cause to appoint a receiver to
receive and administer the moneys pledged, other than those in the
custody of the treasurer of state, that are pledged to the payment
of the bond service charges on such obligations or that are the
subject of the covenant or agreement, with full power to pay, and
to provide for payment of bond service charges on, such
obligations, and with such powers, subject to the direction of the
court, as are accorded receivers in general equity cases,
excluding any power to pledge additional revenues or receipts or
other income or moneys of the commissioners of the sinking fund or
the state or governmental agencies of the state to the payment of
such principal and interest and excluding the power to take
possession of, mortgage, or cause the sale or otherwise dispose of
any project.
Each duty of the commissioners of the sinking fund and their
employees, and of each governmental agency and its officers,
members, or employees, undertaken pursuant to the bond proceedings
or any grant, loan, or loan guarantee agreement made under
authority of this chapter, and in every agreement by or with the
commissioners, is hereby established as a duty of the
commissioners, and of each such officer, member, or employee
having authority to perform such duty, specifically enjoined by
the law resulting from an office, trust, or station within the
meaning of section 2731.01 of the Revised Code.
The persons who are at the time the commissioners of the
sinking fund, or their employees, are not liable in their personal
capacities on any obligations issued by the commissioners or any
agreements of or with the commissioners.
(K) Obligations issued under this section are lawful
investments for banks, societies for savings, savings and loan
associations, deposit guarantee associations, trust companies,
trustees, fiduciaries, insurance companies, including domestic for
life and domestic not for life, trustees or other officers having
charge of sinking and bond retirement or other special funds of
political subdivisions and taxing districts of this state, the
commissioners of the sinking fund of the state, the administrator
of workers' compensation, the state teachers retirement system,
the public employees retirement system, the school employees
retirement system, and the Ohio police and fire pension fund,
notwithstanding any other provisions of the Revised Code or rules
adopted pursuant thereto by any governmental agency of the state
with respect to investments by them, and are also acceptable as
security for the deposit of public moneys.
(L) If the law or the instrument creating a trust pursuant to
division (I) of this section expressly permits investment in
direct obligations of the United States or an agency of the United
States, unless expressly prohibited by the instrument, such moneys
also may be invested in no-front-end-load money market mutual
funds consisting exclusively of obligations of the United States
or an agency of the United States and in repurchase agreements,
including those issued by the fiduciary itself, secured by
obligations of the United States or an agency of the United
States; and in collective investment funds established in
accordance with section 1111.14 of the Revised Code and consisting
exclusively of any such securities, notwithstanding division
(A)(1)(c) of that section. The income from such investments shall
be credited to such funds as the commissioners of the sinking fund
determine, and such investments may be sold at such times as the
commissioners determine or authorize.
(M) Provision may be made in the applicable bond proceedings
for the establishment of separate accounts in the bond service
fund and for the application of such accounts only to the
specified bond service charges on obligations pertinent to such
accounts and bond service fund and for other accounts therein
within the general purposes of such fund. Moneys to the credit of
the bond service fund shall be disbursed on the order of the
treasurer of state; provided, that no such order is required for
the payment from the bond service fund when due of bond service
charges on obligations.
(N) The commissioners of the sinking fund may pledge all, or
such portion as they determine, of the receipts of the bond
service fund to the payment of bond service charges on obligations
issued under this section, and for the establishment and
maintenance of any reserves, as provided in the bond proceedings,
and make other provisions therein with respect to pledged receipts
as authorized by this chapter, which provisions control
notwithstanding any other provisions of law pertaining thereto.
(O) The commissioners of the sinking fund may covenant in the
bond proceedings, and any such covenants control notwithstanding
any other provision of law, that the state and applicable officers
and governmental agencies of the state, including the general
assembly, so long as any obligations are outstanding, shall:
(1) Maintain statutory authority for and cause to be levied
and collected taxes so that the pledged receipts are sufficient in
amount to meet bond service charges, and the establishment and
maintenance of any reserves and other requirements provided for in
the bond proceedings, and, as necessary, to meet covenants
contained in any loan guarantees made under this chapter;
(2) Take or permit no action, by statute or otherwise, that
would impair the exemption from federal income taxation of the
interest on the obligations.
(P) All moneys received by or on account of the state and
required by the applicable bond proceedings, consistent with this
section, to be deposited, transferred, or credited to the coal
research and development bond service fund, and all other moneys
transferred or allocated to or received for the purposes of the
fund, shall be credited to such fund and to any separate accounts
therein, subject to applicable provisions of the bond proceedings,
but without necessity for any act of appropriation. During the
period beginning with the date of the first issuance of
obligations and continuing during such time as any such
obligations are outstanding, and so long as moneys in the bond
service fund are insufficient to pay all bond service charges on
such obligations becoming due in each year, a sufficient amount of
moneys of the state are committed and shall be paid to the bond
service fund in each year for the purpose of paying the bond
service charges becoming due in that year without necessity for
further act of appropriation for such purpose. The bond service
fund is a trust fund and is hereby pledged to the payment of bond
service charges to the extent provided in the applicable bond
proceedings, and payment thereof from such fund shall be made or
provided for by the treasurer of state in accordance with such
bond proceedings without necessity for any act of appropriation.
All investment earnings of the fund shall be credited to the fund.
(Q) For purposes of establishing the limitations contained in
Section 15 of Article VIII, Ohio Constitution, the "principal
amount" refers to the aggregate of the offering price of the bonds
or notes. "Principal amount" does not refer to the aggregate value
at maturity or redemption of the bonds or notes.
(R) This section applies only with respect to obligations
issued and delivered prior to September 30, 2000.
Sec. 1555.17. All final actions of the director of the Ohio
coal development office shall be journalized and such journal
shall be open to inspection of the public at all reasonable times.
Any materials or data, to the extent that they consist of trade
secrets, as defined in section 1333.61 of the Revised Code, or
other proprietary information, that are submitted or made
available to, or received by, the Ohio air quality department of
development authority or the director of the Ohio coal development
office, in connection with agreements for assistance entered into
under this chapter or Chapter 1551. of the Revised Code, or any
information taken from those materials or data, are not public
records for the purposes of section 149.43 of the Revised Code.
Sec. 1561.06. The chief of the division of mineral resources
management shall designate the townships in which mineable or
quarryable coal or other mineral is or may be mined or quarried,
which townships shall be considered coal or mineral bearing
townships. The chief shall divide the coal or other mineral
bearing townships into such districts as the chief deems best for
inspection purposes, and the chief may change such districts
whenever, in the chief's judgment, the best interests of the
service require.
The chief shall designate as provided in this section as coal
or mineral bearing townships those townships in which coal is
being mined or in which coal is found in such thickness as to make
the mining of such the coal or mineral probable at some future
time, and shall designate such the township as a unit. As used in
this chapter and Chapters 1563., 1565., and 1567. of the Revised
Code, "coal or mineral bearing township" means a township that has
been so designated by the chief under this section.
The chief shall also designate the townships in which coal is
being mined or in which coal is found in such thickness as to make
the mining of such the coal probable at some future time as "coal
bearing townships" as such that term is used in Chapter 1509. of
the Revised Code. The chief shall certify to the chief of the
division of oil and gas resources management the townships that
are designated as coal bearing townships.
Sec. 1561.12. An applicant for any examination or
certificate under this section shall, before being examined,
register the applicant's name with the chief of the division of
mineral resources management and file with the chief an affidavit
as to all matters of fact establishing the applicant's right to
receive the examination, a certificate of good character and
temperate habits signed by at least three reputable citizens of
the community in which the applicant resides, and a certificate
from a reputable and disinterested physician as to the physical
condition of such the applicant showing that the applicant is
physically capable of performing the duties of the office or
position.
Each applicant for examination for any of the following
positions shall present evidence satisfactory to the chief that
the applicant has been a resident and citizen of this state for
two years next preceding the date of application:
(A) An applicant for the position of deputy mine inspector of
underground mines shall have had actual practical experience of
not less than six years, at least two of which shall have been in
the underground workings of mines in this state. In the case of an
applicant who would inspect underground coal mines, the two years
shall consist of actual practical experience in underground coal
mines. In the case of an applicant who would inspect noncoal
mines, the two years shall consist of actual practical experience
in noncoal mines. In lieu of two years of the actual practical
experience required, the chief may accept as the equivalent
thereof a certificate evidencing graduation from an accredited
school of mines or mining, after a four-year course of study, but
such credit shall not apply as to the two years' actual practical
experience required in the mines in this state.
The applicant shall pass an examination as to the applicant's
practical and technological knowledge of mine surveying, mining
machinery, and appliances; the proper development and operation of
mines; the best methods of working and ventilating mines; the
nature, properties, and powers of noxious, poisonous, and
explosive gases, particularly methane; the best means and methods
of detecting, preventing, and removing the accumulation of such
gases; the use and operation of gas detecting devices and
appliances; first aid to the injured; and the uses and dangers of
electricity as applied and used in, at, and around mines. Such The
applicant shall also hold a certificate for foreperson of gaseous
mines issued by the chief.
(B) An applicant for the position of deputy mine inspector of
surface mines shall have had actual practical mining experience of
not less than six years, at least two of which shall have been in
surface mines in this state. In lieu of two years of the actual
practical experience required, the chief may accept as the
equivalent thereof a certificate evidencing graduation from an
accredited school of mines or mining, after a four-year course of
study, but that credit shall not apply as to the two years' actual
practical experience required in the mines in this state. The
applicant shall pass an examination as to the applicant's
practical and technological knowledge of surface mine surveying,
machinery, and appliances; the proper development and operations
of surface mines; first aid to the injured; and the use and
dangers of explosives and electricity as applied and used in, at,
and around surface mines. The applicant shall also hold a surface
mine foreperson certificate issued by the chief.
(C) An applicant for the position of electrical inspector
shall have had at least five years' practical experience in the
installation and maintenance of electrical circuits and equipment
in mines, and the applicant shall be thoroughly familiar with the
principles underlying the safety features of permissible and
approved equipment as authorized and used in mines.
The applicant shall be required to pass the examination
required for deputy mine inspectors and an examination testing and
determining the applicant's qualification and ability to
competently inspect and administer the mining law that relates to
electricity used in and around mines and mining in this state.
(D) An applicant for the position of superintendent or
assistant superintendent of rescue stations shall possess the same
qualifications as those required for a deputy mine inspector. In
addition, the applicant shall present evidence satisfactory to the
chief that the applicant is sufficiently qualified and trained to
organize, supervise, and conduct group training classes in first
aid, safety, and rescue work.
The applicant shall pass the examination required for deputy
mine inspectors and shall be tested as to the applicant's
practical and technological experience and training in first aid,
safety, and mine rescue work.
(E) An applicant for the position of mine chemist shall have
such educational training as is represented by the degree MS in
chemistry from a university of recognized standing, and at least
five years of actual practical experience in research work in
chemistry or as an assistant chemist. The chief may provide that
an equivalent combination of education and experience together
with a wide knowledge of the methods of and skill in chemical
analysis and research may be accepted in lieu of the above
qualifications. It is preferred that such the chemist shall have
had actual experience in mineralogy and metallurgy.
(F) An applicant for the position of gas storage well
inspector shall possess the same qualifications as an applicant
for the position of deputy mine inspector and shall have a
practical knowledge and experience of and in the operation,
location, drilling, maintenance, and abandonment of oil and gas
wells, especially in coal or mineral bearing townships, and shall
have a thorough knowledge of the latest and best method of
plugging and sealing abandoned oil and gas wells.
Such applicant for gas storage well inspector shall pass an
examination conducted by the chief to determine the applicant's
fitness to act as a gas storage well inspector before being
eligible for appointment.
Sec. 1561.13. The chief of the division of mineral resources
management shall conduct examinations for offices and positions in
the division of mineral resources management, and for mine
forepersons, mine electricians, shot firers, surface mine
blasters, and fire bosses, as follows:
(A) Division of mineral resources management:
(1) Deputy mine inspectors of underground mines;
(2) Deputy mine inspectors of surface mines;
(3) Electrical inspectors;
(4) Superintendent of rescue stations;
(5) Assistant superintendents of rescue stations;
(6) Mine chemists at a division laboratory if the chief
chooses to operate a laboratory;
(7) Gas storage well inspector.
(1) Mine foreperson of gaseous mines;
(2) Mine foreperson of nongaseous mines;
(3) Mine foreperson of surface mines.
(1) Foreperson of gaseous mines;
(2) Foreperson of nongaseous mines;
(3) Foreperson of surface maintenance facilities at
underground or surface mines;
(4) Foreperson of surface mines.
(F) Surface mine blasters.
The chief annually shall provide for the examination of
candidates for appointment or promotion as deputy mine inspectors
and such other positions and offices set forth in division (A) of
this section as are necessary. Special examinations may be held
whenever it becomes necessary to make appointments to any of those
positions.
The chief shall provide for the examination of persons
seeking certificates of competency as mine forepersons,
forepersons, mine electricians, shot firers, surface mine
blasters, and fire bosses quarterly or more often as required, at
such times and places within the state as shall, in the judgment
of the chief, afford the best facilities to the greatest number of
applicants. Public notice shall be given through the press or
otherwise, not less than ten days in advance, announcing the time
and place at which examinations under this section are to be held.
The examinations provided for in this section shall be
conducted under rules adopted under section 1561.05 of the Revised
Code and conditions prescribed by the chief. Any rules that relate
to particular candidates shall, upon application of any candidate,
be furnished to the candidate by the chief; they shall also be of
uniform application to all candidates in the several groups.
Sec. 1561.35. If the deputy mine inspector finds that any
matter, thing, or practice connected with any mine and not
prohibited specifically by law is dangerous or hazardous, or that
from a rigid enforcement of this chapter and Chapters 1509.,
1563., 1565., and 1567. and applicable provisions of Chapter 1509.
of the Revised Code, the matter, thing, or practice would become
dangerous and hazardous so as to tend to the bodily injury of any
person, the deputy mine inspector forthwith shall give notice in
writing to the owner, lessee, or agent of the mine of the
particulars in which the deputy mine inspector considers the mine
or any matter, thing, or practice connected therewith is dangerous
or hazardous and recommend changes that the conditions require,
and forthwith shall mail a copy of the report and the deputy mine
inspector's recommendations to the chief of the division of
mineral resources management. Upon receipt of the report and
recommendations, the chief forthwith shall make a finding thereon
and mail a copy to the owner, operator, lessee, or agent of the
mine, and to the deputy mine inspector; a copy of the finding of
the chief shall be posted upon the bulletin board of the mine.
Where the miners have a mine safety committee, one additional copy
shall be posted on the bulletin board for the use and possession
of the committee.
The owner, operator, lessee, or agent of the mine, or the
authorized representative of the workers of the mine, within ten
days may appeal to the reclamation commission for a review and
redetermination of the finding of the chief in the matter in
accordance with section 1513.13 of the Revised Code,
notwithstanding division (A)(1) of that section, which provides
for appeals within thirty days. A copy of the decision of the
commission shall be mailed as required by this section for the
mailing of the finding by the chief on the deputy mine inspector's
report.
Sec. 1561.49. The chief of the division of mineral resources
management may designate not more than thirty deputy mine
inspectors, at least one of whom shall be classified and appointed
as electrical inspector provided for in division (B) of section
1561.12 of the Revised Code; one gas storage well inspector; one
superintendent of rescue stations; three assistant superintendents
of rescue stations; three chemists; and such clerks,
stenographers, and other employees as are necessary for the
administration of this chapter and Chapters 1563., 1565., and
1567., and applicable provisions of Chapter 1509. of the Revised
Code.
Such officers, employees, and personnel shall be appointed
and employed under such conditions and qualifications as set forth
in such those chapters.
Sec. 1563.06. For the purpose of making the examinations
provided for in this chapter and Chapters 1509., 1561., 1565., and
1567. and applicable provisions of Chapter 1509. of the Revised
Code, the chief of the division of mineral resources management,
and each deputy mine inspector, may enter any mine at a reasonable
time, by day or by night, but in such manner as will not
necessarily impede the working of the mine, and the owner, lessee,
or agent thereof shall furnish the means necessary for such entry
and examination.
Sec. 1563.24. In all mines generating methane in such
quantities as to be considered a gaseous mine under section
1563.02 of the Revised Code, the mine foreperson of such a mine
shall:
(A) Employ a sufficient number of competent persons holding
foreperson of gaseous mines or fire boss certificates, except as
provided in section 1565.02 of the Revised Code, to examine the
working places whether they are in actual course of working or
not, and the traveling ways and entrances to old workings with
approved flame safety lamps, all of which shall be done not more
than three hours prior to the time fixed for the employees to
enter such the mine;
(B) Have all old parts of the mine not in the actual course
of working, but that are open and safe to travel, examined not
less than once each three days by a competent person who holds a
foreperson of gaseous mines or a fire boss certificate;
(C) See that all parts of the mine not sealed off as provided
in section 1563.41 of the Revised Code are kept free from standing
gas, and upon the discovery of any standing gas, see that the
entrance to the place where the gas is so discovered is fenced off
and marked with a sign upon which is written the word "danger,"
and such the sign shall so remain until such the gas has been
removed;
(D) Have the mine examined on all idle days, holidays, and
Sundays on which employees are required to work therein;
(E) If more than three hours elapse between shifts, have the
places in which the succeeding shift works examined by a competent
person who holds a foreperson of gaseous mines or fire boss
certificate;
(F) See that this chapter and Chapters 1509., 1561., 1565.,
and 1567. and applicable provisions of Chapter 1509. of the
Revised Code, with regard to examination of working places,
removal of standing gas, and fencing off of dangerous places, are
complied with before the employees employed by the mine foreperson
for this particular work are permitted to do any other work;
(G) Have a report made on the blackboard provided for in
section 1567.06 of the Revised Code, which report shall show the
condition of the mine as to the presence of gas and the place
where such gas is present, if there is any, before the mine
foreperson permits the employees to enter the mine;
(H) Have reports of the duties and activities enumerated in
this section signed by the person who makes such the examination.
The reports so signed shall be sent once each week to the deputy
mine inspector of the district in which the mine is located on
blanks furnished by the division of mineral resources management
for that purpose, and a copy of such the report shall be kept on
file at the mine.
(I) Have the fire boss record a report after each
examination, in ink, in the fire boss' record book, which book
shall show the time taken in making the examination and also
clearly state the nature and location of any danger that was
discovered in any room, entry, or other place in the mine, and, if
any danger was discovered, the fire boss shall immediately report
the location thereof to the mine foreperson.
No person shall enter the mine until the fire bosses return
to the mine office on the surface, or to a station located in the
mine, where a record book as provided for in this section shall be
kept and signed by the person making the examination, and report
to the oncoming mine foreperson that the mine is in safe condition
for the employees to enter. When a station is located in any mine,
the fire bosses shall sign also the report entered in the record
book in the mine office on the surface. The record books of the
fire bosses shall at all times during working hours be accessible
to the deputy mine inspector and the employees of the mine.
In every mine generating explosive gas in quantities
sufficient to be detected by an approved flame safety lamp, when
the working portions are one mile or more from the entrance to the
mine or from the bottom of the shaft or slope, a permanent station
of suitable dimensions may be erected by the mine foreperson,
provided that the location is approved by the deputy mine
inspector, for the use of the fire bosses, and a fireproof vault
of ample strength shall be erected in such the station of brick,
stone, or concrete, in which the temporary record book of the fire
bosses, as described in this section, shall be kept. No person,
except a mine foreperson of gaseous mines, and in case of
necessity such other persons as are designated by the mine
foreperson, shall pass beyond the permanent station and danger
signal until the mine has been examined by a fire boss, and the
mine or certain portions thereof reported by the fire boss to be
safe.
This section does not prevent a mine foreperson or foreperson
of gaseous mines from being qualified to act and acting in the
capacity of fire boss. The record book shall be supplied by the
division and purchased by the operator.
No mine foreperson or person delegated by the mine
foreperson, or any operator of a mine, or other person, shall
refuse or neglect to comply with this section.
Sec. 1563.28. The man worker performing the duties of fire
boss shall, in an approved manner, use a flame safety lamp when
making examinations under this chapter and Chapters 1509., 1561.,
1565., and 1567. and applicable provisions of Chapter 1509. of the
Revised Code. As evidence of such examinations he the fire boss
shall mark with chalk, upon the face of the coal or in some other
conspicuous place, his the fire boss's initials and the date of
the month that
such the examination is made, and shall fully
comply with all the law relating to gas and his the fire boss's
duties as to making such examinations. After making his such an
examination and report, prior to employees entering the mine for
the oncoming shift, he the fire boss who made the examination or
another fire boss shall return to the working places with the
employees at the starting time of the oncoming shift.
No person shall refuse or neglect to comply with this
section.
Sec. 1571.01. As used in this chapter, unless other meaning
is clearly indicated in the context:
(A) "Gas storage reservoir" or "storage reservoir" or
"reservoir" means a continuous area of a subterranean porous sand
or rock stratum or strata, any part of which or of the protective
area of which, is within a coal bearing township, into which gas
is or may be injected for the purpose of storing it therein and
removing it therefrom, or for the purpose of testing whether such
stratum is suitable for such storage purposes.
(B) "Gas" means any natural, manufactured, or by-product gas
or any mixture thereof.
(C) "Reservoir operator" or "operator," when used in
referring to the operator of a gas storage reservoir, means a
person who is engaged in the work of preparing to inject, or who
injects gas into, or who stores gas in, or who removes gas from, a
gas storage reservoir, and who owns the right to do so.
(D)(1) "Boundary," when used in referring to the boundary of
a gas storage reservoir, means the boundary of such reservoir as
shown on the map or maps thereof on file in the division of
mineral oil and gas resources management as required by this
chapter.
(2) "Boundary," when used in referring to the boundary of a
reservoir protective area, means the boundary of such reservoir
protective area as shown on the map or maps thereof on file in the
division as required by this chapter.
(E) "Reservoir protective area" or "reservoir's protective
area" means the area of land outside the boundary of a gas storage
reservoir shown as such on the map or maps thereof on file in the
division as required by this chapter. The area of land shown on
such map or maps as such reservoir protective area shall be
outside the boundary of such reservoir, and shall encircle such
reservoir and touch all parts of the boundary of such reservoir,
and no part of the outside boundary of such protective area shall
be less than two thousand nor more than five thousand linear feet
distant from the boundary of such reservoir.
(F) "Coal bearing township" means a township designated as a
coal bearing township by the chief of the division of mineral
resources management as required by section 1561.06 of the Revised
Code.
(G) "Coal mine" means the underground excavations of a mine
that are being used or are usable or are being developed for use
in connection with the extraction of coal from its natural deposit
in the earth. "Underground excavations," when used in referring to
the underground excavations of a coal mine, includes the abandoned
underground excavations of such mine. It also includes the
underground excavations of an abandoned coal mine if such
abandoned mine is connected with underground excavations of a coal
mine. "Coal mine" does not mean or include:
(1) A mine in which coal is extracted from its natural
deposit in the earth by strip or open pit mining methods or by
other methods by which individuals are not required to go
underground in connection with the extraction of coal from its
natural deposit in the earth;
(2) A mine in which not more than fourteen individuals are
regularly employed underground.
(H) "Operator," when used in referring to the operator of a
coal mine, means a person who engages in the work of developing
such mine for use in extracting coal from its natural deposit in
the earth, or who so uses such mine, and who owns the right to do
so.
(I) "Boundary," when used in referring to the boundary of a
coal mine, means the boundary of the underground excavations of
such mine as shown on the maps of such mine on file in the
division of mineral resources management as required by sections
1563.03 to 1563.05 and 1571.03 of the Revised Code.
(J) "Mine protective area" or "mine's protective area" means
the area of land that the operator of a coal mine designates and
shows as such on the map or maps of such coal mine filed with the
division as required by sections 1563.03 to 1563.05 and 1571.03 of
the Revised Code. Such area of land shall be outside of the
boundary of such coal mine, but some part of the boundary of such
area of land shall abut upon a part of the boundary of such coal
mine. Such area of land shall be comprised of such tracts of land
in which such coal mine operator owns the right to extract coal
therefrom by underground mining methods and in which underground
excavations of such coal mine are likely to be made within the
ensuing year for use in connection with the extraction of coal
therefrom.
(K) "Pillar" means a solid block of coal or other material
left unmined to support the overlying strata in a coal mine, or to
protect a well.
(L) "Retreat mining" means the removal of pillars and ribs
and stumps and other coal remaining in a section of a coal mine
after the development mining has been completed in such section.
(M) "Linear feet," when used to indicate distance between two
points that are not in the same plane, means the length in feet of
the shortest horizontal line that connects two lines projected
vertically upward or downward from the two points.
(N) "Map" means a graphic representation of the location and
size of the existing or proposed items it is made to represent,
accurately drawn according to a given scale.
(O) "Well" means any hole, drilled or bored, or being drilled
or bored, into the earth, whether for the purpose of, or whether
used for:
(1) Producing or extracting any gas or liquid mineral, or
natural or artificial brines, or oil field waters;
(2) Injecting gas into or removing gas from an underground
gas storage reservoir;
(3) Introducing water or other liquid pressure into an oil
bearing sand to recover oil contained in such sand, provided that
"well" does not mean a hole drilled or bored, or being drilled or
bored, into the earth, whether for the purpose of, or whether used
for, producing or extracting potable water to be used as such.
(P) "Testing" means injecting gas into, or storing gas in or
removing gas from, a gas storage reservoir for the sole purpose of
determining whether such reservoir is suitable for use as a gas
storage reservoir.
(Q) "Casing" means a string or strings of pipe commonly
placed in a well.
(R) "Inactivate" means to shut off temporarily all flow of
gas from a well at a point below the horizon of the coal mine that
might be affected by such flow of gas, by means of a plug or other
suitable device or by injecting water, bentonite, or some other
equally nonporous material into the well, or any other method
approved by the mineral an oil and gas resources inspector.
(S) "Gas storage well inspector" means the gas storage well
inspector in the division.
(T) The verb "open" or the noun "opening," when used in
clauses relating to the time when a coal mine operator intends to
open a new coal mine, or the time when a new coal mine is opened,
or the time of the opening of a new coal mine, or when used in
other similar clauses to convey like meanings, means that time and
condition in the initial development of a new coal mine when the
second opening required by section 1563.14 of the Revised Code is
completed in such mine.
Sec. 1571.012. An applicant for the position of gas storage
well inspector shall register the applicant's name with the chief
of the division of oil and gas resources management and file with
the chief an affidavit as to all matters of fact establishing the
applicant's right to take the examination for that position, a
certificate of good character and temperate habits signed by at
least three reputable citizens of the community in which the
applicant resides, and a certificate from a reputable and
disinterested physician as to the physical condition of the
applicant showing that the applicant is physically capable of
performing the duties of the position. The applicant also shall
present evidence satisfactory to the chief that the applicant has
been a resident and citizen of this state for at least two years
next preceding the date of application.
An applicant shall possess the same qualifications as an
applicant for the position of deputy mine inspector established in
section 1561.12 of the Revised Code. In addition, the applicant
shall have practical knowledge and experience of and in the
operation, location, drilling, maintenance, and abandonment of oil
and gas wells, especially in coal or mineral bearing townships,
and shall have a thorough knowledge of the latest and best method
of plugging and sealing abandoned oil and gas wells.
An applicant for gas storage well inspector shall pass an
examination conducted by the chief to determine the applicant's
fitness to act as gas storage well inspector before being eligible
for appointment.
Sec. 1571.013. (A) The chief of the division of oil and gas
resources management shall conduct examinations for the position
of gas storage well inspector. The chief annually shall provide
for the examination of candidates for appointment as gas storage
well inspector. Special examinations may be held whenever it
becomes necessary to make an appointment of gas storage well
inspector.
(B) Public notice shall be given through the press or
otherwise, not less than ten days in advance, announcing the time
and place at which examinations under this section are to be held.
(C) The examinations provided for in this section shall be
conducted in accordance with rules adopted under section 1571.014
of the Revised Code and conditions prescribed by the chief.
Sec. 1571.014. The chief of the division of oil and gas
resources management shall appoint a gas storage well inspector
from the eligible list of candidates for that position that is
prepared under section 124.24 of the Revised Code. If a vacancy
occurs in the position of gas storage well inspector, the chief
shall fill the position by selecting a person from that list.
The chief shall adopt rules in accordance with Chapter 119.
of the Revised Code that are necessary for conducting examinations
for the position of gas storage well inspector.
Sec. 1571.02. (A) Any reservoir operator who, on September
9, 1957, is injecting gas into, storing gas in, or removing gas
from a reservoir shall within sixty days after such date file with
the division of mineral
oil and gas resources management a map
thereof as described in division (C) of this section, provided
that if a reservoir operator is, on September 9, 1957, injecting
gas into or storing gas in a reservoir solely for testing, the
reservoir operator shall at once file such map with the division.
(B) If the injection of gas into or storage of gas in a gas
storage reservoir is begun after September 9, 1957, the operator
of such reservoir shall file with the division a map thereof as
described in division (C) of this section, on the same day and not
less than three months prior to beginning such injection or
storage.
(C) Each map filed with the division pursuant to this section
shall be prepared by a registered surveyor, registered engineer,
or competent geologist. It shall show both of the following:
(1) The location of the boundary of such reservoir and the
boundary of such reservoir's protective area, and the known fixed
monuments, corner stones, or other permanent markers in such
boundary lines;
(2) The boundary lines of the counties, townships, and
sections or lots that are within the limits of such map, and the
name of each such county and township and the number of each such
section or lot clearly indicated thereon. The legend of the map
shall indicate the stratum or strata in which the gas storage
reservoir is located.
The location of the boundary of the gas storage reservoir as
shown on the map shall be defined by the location of those wells
around the periphery of such reservoir that had no gas production
when drilled into the storage stratum of such reservoir, provided
that if the operator of such reservoir, upon taking into
consideration the number and nature of such wells, the geological
and production knowledge of the storage stratum, its character,
permeability, and distribution, and operating experience,
determines that the location of the boundary of such reservoir
should be differently defined, the reservoir operator may, on such
map, show the boundary of such reservoir to be located at a
location different than the location defined by the location of
those wells around the periphery of such reservoir that had no gas
production when drilled into the storage stratum.
Whenever the operator of a gas storage reservoir determines
that the location of the boundary of such reservoir as shown on
the most recent map thereof on file in the division pursuant to
this section is incorrect, the reservoir operator shall file with
the division an amended map showing the boundary of such reservoir
to be located at the location that the reservoir operator then
considers to be correct.
(D) Each operator of a gas storage reservoir who files with
the division a map as required by this section shall, at the end
of each six-month period following the date of such filing, file
with the division an amended map showing changes, if any, in the
boundary line of such reservoir or of such reservoir's protective
area that have occurred in the six-month period. Nothing in this
division shall be construed to require such a reservoir operator
to file an amended map at the end of any such six-month period if
no such boundary changes have occurred in such period.
An operator of a gas storage reservoir who is required by
this section to file an amended map with the division shall not be
required to so file such an amended map after such time when the
reservoir operator files with the division a map pertaining to
such reservoir, as provided in section 1571.04 of the Revised
Code.
Sec. 1571.03. (A) Every operator of a coal mine who is
required by sections 1563.03 to 1563.05 of the Revised Code, to
file maps of such mine, shall cause to be shown on each of such
maps, in addition to the boundary lines of each tract under which
excavations are likely to be made during the ensuing year, as
referred to in section 1563.03 of the Revised Code:
(1) The boundary of such coal mine in accordance with the
meaning of the term "boundary" when used in referring to the
boundary of a coal mine, and the term "coal mine" as those terms
are defined in section 1571.01 of the Revised Code;
(2) The boundary of the mine protective area of such mine.
This division shall not be construed to amend or repeal any
provisions of sections 1563.03 to 1563.05 of the Revised Code,
either by implication or otherwise.
This division is intended only to add to existing statutory
requirements pertaining to the filing of coal mine maps with the
division of mineral resources management, the requirements
established in this division.
(B) Every operator of a coal mine who believes that any part
of the boundary of such mine is within two thousand linear feet of
a well that is drilled through the horizon of such coal mine and
into or through the storage stratum or strata of a gas storage
reservoir within the boundary of such reservoir or within its
protective area, shall at once send notice to that effect by
registered mail to the operator of such reservoir, the division of
mineral resources management, and
to the division of oil and gas
resources management.
(C) Every operator of a coal mine who expects that any part
of the boundary of such mine will, on a date after September 9,
1957, be extended beyond its location on such date to a point
within two thousand linear feet of a well that is drilled through
the horizon of such mine and into or through the stratum or strata
of a gas storage reservoir within the boundary of such reservoir
or within its protective area, shall send at least nine months'
notice of such date and of the location of such well by registered
mail to the operator of such reservoir, the division of mineral
resources management, and to the division of oil and gas resources
management. If at the end of three years after the date stated in
the notice by an operator of a coal mine to an operator of a
storage reservoir as the date upon which part of the boundary of
such coal mine is expected to be extended to a point within two
thousand linear feet of such well, no part of such coal mine is so
extended, the operator of such coal mine shall be liable to the
operator of such storage reservoir for all expenses incurred by
such reservoir operator in doing the plugging or reconditioning of
such well as the reservoir operator is required to do in such
cases as provided in section 1571.05 of the Revised Code. Such
mine operator shall in no event be liable to such reservoir
operator:
(1) For expenses of plugging or reconditioning such well
incurred prior to receipt by such reservoir operator from such
mine operator of a notice as provided for in this division;
(2) For any expenses of plugging or reconditioning such well
if any part of the work of plugging or reconditioning was
commenced prior to receipt by such reservoir operator from such
mine operator of a notice as provided for in this division.
(D) If a person intends to open a new coal mine after
September 9, 1957, and if at the time of its opening any part of
the boundary of such mine will be within two thousand linear feet
of a well that is drilled through the horizon of such mine and
into or through the storage stratum or strata of a gas storage
reservoir within the boundary of such reservoir or within its
protective area, such person shall send by registered mail to the
operator of such storage reservoir, the division of mineral
resources management, and to the division of oil and gas resources
management at least nine months' notice of the date upon which the
person intends to open such mine, and of the location of such
well. If at the end of nine months after the date stated in the
notice by an operator of a coal mine to an operator of a storage
reservoir, the division of mineral resources management, and to
the division of oil and gas resources management, as the date upon
which such coal mine operator intends to open such new mine, such
new mine is not opened, the operator of such coal mine shall be
liable to the operator of such storage reservoir for all expenses
incurred by such reservoir operator in doing the plugging or
reconditioning of such well as the reservoir operator is required
to do in such cases as provided in section 1571.05 of the Revised
Code, provided:
(1) That such mine operator may, prior to the end of nine
months after the date stated in such mine operator's notice to
such reservoir operator, the division of mineral resources
management, and the division of oil and gas resources management
as the date upon which the mine operator intended to open such new
mine, notify such reservoir operator, the division of mineral
resources management, and the division of oil and gas resources
management in writing by registered mail, that the opening of such
new mine will be delayed beyond the end of such nine-month period
of time, and that the mine operator requests that a conference be
held as provided in section 1571.10 of the Revised Code for the
purpose of endeavoring to reach an agreement establishing a date
subsequent to the end of such nine-month period of time, on or
before which such mine operator may open such new mine without
being liable to pay such reservoir operator expenses incurred by
such reservoir operator in plugging or reconditioning such well as
in this division provided;
(2) That if such mine operator sends to such reservoir
operator, the division of mineral resources management, and to the
division of oil and gas resources management a notice and request
for a conference as provided in division (D)(1) of this section,
such mine operator shall not be liable to pay such reservoir
operator for expenses incurred by such reservoir operator in
plugging and reconditioning such well, unless such mine operator
fails to open such new mine within the period of time fixed by an
approved agreement reached in such conference, or fixed by an
order by the chief of the division of mineral oil and gas
resources management upon a hearing held in the matter in the
event of failure to reach an approved agreement in the
conference;. After issuing an order under this division, the chief
shall notify the chief of the division of mineral resources
management and send a copy of the order to the chief.
(3) That such mine operator shall in no event be liable to
such reservoir operator:
(a) For expense of plugging or reconditioning such well
incurred prior to the receipt by such reservoir operator from such
mine operator of the notice of the date upon which such mine
operator intends to open such new mine;
(b) For any expense of plugging or reconditioning such well
if any part of the work of plugging or reconditioning was
commenced prior to receipt by such reservoir operator from such
mine operator of such notice.
Sec. 1571.04. (A) Upon the filing of each map or amended map
with the division of mineral oil and gas resources management by
operators of gas storage reservoirs as required by this chapter,
and each coal mine map with the division of mineral resources
management as required by sections 1563.03 to 1563.05 and division
(A) of section 1571.03 of the Revised Code, the gas storage well
inspector shall cause an examination to be made of all maps on
file in the division those divisions as the gas storage well
inspector may deem necessary to ascertain whether any part of a
reservoir protective area as shown on any such map is within ten
thousand linear feet of any part of the boundary of a coal mine as
shown on any such map. If, upon making that examination, the gas
storage well inspector finds that any part of such a reservoir
protective area is within ten thousand linear feet of any part of
the boundary of such a coal mine, the gas storage well inspector
shall promptly send by registered mail notice to that effect to
the operator of the reservoir and to the operator of the coal
mine.
(B) Within sixty days after receipt by an operator of a gas
storage reservoir of a notice from the gas storage well inspector
under division (A) of this section, such operator shall file on
the same day with both the division a map of mineral resources
management and the division of oil and gas resources management
identical maps prepared by a registered surveyor, registered
engineer, or competent geologist, which shall do all of the
following:
(1) Indicate the stratum or strata in which such gas storage
reservoir is located;
(2) Show the location of the boundary of the reservoir and
the boundary of its protective area, and the known fixed
monuments, corner stones, or other permanent markers in such
boundary lines;
(3) Show the boundary lines of the counties, townships, and
sections or lots that are within the limits of such maps, and the
name of each such county and township and the number of each such
section or lot clearly indicated thereon;
(4) Show the location of all oil or gas wells known to the
operator of such reservoir that have been drilled within the
boundary of the reservoir or within its protective area, and
indicate which of such wells, if any, have been or are to be
plugged or reconditioned for use in the operation of such
reservoir.
The location of the boundary of the gas storage reservoir as
shown on the maps shall be defined by the location of those wells
around the periphery of the reservoir that had no gas production
when drilled into the storage stratum of the reservoir, provided
that, if the operator of the reservoir, upon taking into
consideration the number and nature of such wells, the geological
and production knowledge of the storage stratum, its character,
permeability, and distribution, and operating experience,
determines that the location of the boundary of the reservoir
should be differently defined, the reservoir operator may, on the
maps, show the boundary of the reservoir to be located at a
location different from the location defined by the location of
those wells around the periphery of the reservoir that had no gas
production when drilled into the storage stratum.
(C) Any coal mine operator who receives from the gas storage
well inspector a copy of a map as provided by division (E) of this
section may request the gas storage well inspector to furnish the
coal mine operator with:
(1) The name of the original operator of any well shown on
such map;
(2) The date drilling of such well was completed;
(3) The total depth of such well;
(4) The depth at which oil or gas was encountered in such
well if it was productive of oil or gas;
(5) The initial rock pressure of such well;
(6) A copy of the log of the driller of such well or other
similar data;
(7) The location of such well in respect to the property
lines of the tract of land on which it is located;
(8) A statement as to whether the well is inactive or active:
(a) If inactive, the date of plugging and other pertinent
data;
(b) If active, whether it is being used for test purposes or
storage purposes;.
(9) A statement of the maximum injection pressure
contemplated by the operator of the reservoir shown on such map.
Upon receipt of such a request, the gas storage well
inspector shall promptly furnish the coal mine operator the
information requested. If the information is not ascertainable
from the files in the division of oil and gas resources
management, the gas storage well inspector shall request the
reservoir operator to furnish the division with such information
to the extent that the reservoir operator has knowledge thereof.
Upon receipt of such a request, the reservoir operator shall
promptly furnish such information to the division. Thereupon the
gas storage well inspector shall promptly transmit such
information to the mine operator who requested it.
Whenever the operator of a gas storage reservoir determines
that the location of the boundary of the reservoir as shown on the
most recent map thereof on file in the division pursuant to this
section is incorrect, the reservoir operator shall file with the
division an amended map showing the boundary of the reservoir to
be located at the location that the reservoir operator then
considers to be correct.
(D) Each operator of a gas storage reservoir who files a map
with the division of mineral resources management and the division
of oil and gas resources management maps as required by this
section shall, at the end of each six-month period following the
date of such filing, file with
the each division an identical
amended map maps showing changes in the boundary line of the
reservoir or of the reservoir's protective area that have occurred
in the six-month period, and further showing or describing any
other occurrences within that six-month period that cause the most
recent map maps on file and pertaining to the reservoir to no
longer be correct. Nothing in this division shall be construed to
require such a reservoir operator to file an amended map at the
end of any such six-month period if no boundary changes or other
occurrences have occurred in that period. The operator of the
reservoir shall also file with the division of mineral resources
management and the division of oil and gas resources management,
subsequent to the filing of a map maps as provided for in division
(B) of this section, a statement whenever changing the maximum
injection pressure is contemplated, stating for each affected well
within the boundary of the reservoir or its protective area, the
amount of change of injection pressure contemplated. The location
or drilling of new wells or the abandonment or reconditioning of
wells shall not be considered to be occurrences requiring the
filing of an amended map or statement.
(E) Promptly upon the filing with the division of oil and gas
resources management of a map or an amended map pertaining to a
gas storage reservoir under this section, the gas storage well
inspector shall send by registered mail to the operator of the
coal mine a part of the boundary of which is within ten thousand
linear feet of any part of the boundary of the reservoir or of the
outside boundary of the reservoir's protective area, notice of the
filing together with a copy of the map.
(F) When the operator of a gas storage reservoir files with
the division a map of mineral resources management and the
division of oil and gas resources management maps or an amended
map maps under this section, the reservoir operator shall file as
many copies of the map maps as the each division may require for
its files and as are needed for sending a copy to each coal mine
operator under division (E) of this section.
Sec. 1571.05. (A) Whenever any part of a gas storage
reservoir or any part of its protective area underlies any part of
a coal mine, or is, or within nine months is expected or intended
to be, within two thousand linear feet of the boundary of a coal
mine that is operating in a coal seam any part of which extends
over any part of the storage reservoir or its protective area, the
operator of the reservoir, if the reservoir operator or some other
reservoir operator has not theretofore done so, shall:
(1) Use every known method that is reasonable under the
circumstance for discovering and locating all wells drilled within
the area of the reservoir or its protective area that underlie any
part of the coal mine or its protective area;
(2) Plug or recondition all known wells drilled within the
area of the reservoir or its protective area that underlie any
part of the coal mine.
(B) Whenever an operator of a gas storage reservoir is
notified by the operator of a coal mine, as provided in division
(B) of section 1571.03 of the Revised Code, that the coal mine
operator believes that part of the boundary of the mine is within
two thousand linear feet of a well that is drilled through the
horizon of the coal mine and into or through the storage stratum
or strata of the reservoir within the boundary of the reservoir or
within its protective area, the reservoir operator shall plug or
recondition the well as in this section prescribed, unless it is
agreed in a conference or is ordered by the chief of the division
of mineral oil and gas resources management after a hearing, as
provided in section 1571.10 of the Revised Code, that the well
referred to in the notice is not such a well as is described in
division (B) of section 1571.03 of the Revised Code.
Whenever an operator of a gas storage reservoir is notified
by the operator of a coal mine as provided in division (C) or (D)
of section 1571.03 of the Revised Code, that part of the boundary
of the mine is, or within nine months is intended or expected to
be, within two thousand linear feet of a well that is drilled
through the horizon of the mine and into or through the storage
stratum or strata of the reservoir within the boundary of the
reservoir or within its protective area, the reservoir operator
shall plug or recondition the well as in this section prescribed.
Whenever the operator of a coal mine considers that the use
of a well such as in this section described, if used for injecting
gas into, or storing gas in, or removing gas from, a gas storage
reservoir, would be hazardous to the safety of persons or property
on or in the vicinity of the premises of the coal mine or the
reservoir or well, the coal mine operator may file with the
division objections to the use of the well for such purposes, and
a request that a conference be held as provided in section 1571.10
of the Revised Code, to discuss and endeavor to resolve by mutual
agreement whether or not the well shall or shall not be used for
such purposes, and whether or not the well shall be reconditioned,
inactivated, or plugged. The request shall set forth the mine
operator's reasons for such objections. If no approved agreement
is reached in the conference, the gas storage well inspector shall
within ten days after the termination of the conference, file with
the chief a request that the chief hear and determine the matters
considered at the conference as provided in section 1571.10 of the
Revised Code. Upon conclusion of the hearing, the chief shall find
and determine whether or not the safety of persons or of the
property on or in the vicinity of the premises of the coal mine,
or the reservoir, or the well requires that the well be
reconditioned, inactivated, or plugged, and shall make an order
consistent with that determination, provided that the chief shall
not order a well plugged unless the chief first finds that there
is underground leakage of gas therefrom.
The plugging or reconditioning of each well described in a
notice from a coal mine operator to a reservoir operator as
provided in division (B) of section 1571.03 of the Revised Code,
which must be plugged or reconditioned, shall be completed within
such time as the gas storage well inspector may fix in the case of
each such well. The plugging or reconditioning of each well
described in a notice from a coal mine operator to a reservoir
operator as provided in division (C) of section 1571.03 of the
Revised Code, which must be plugged or reconditioned, shall be
completed by the time the well, by reason of the extension of the
boundary of the coal mine, is within two thousand linear feet of
any part of the boundary of the mine. The plugging or
reconditioning of each well described in a notice from a coal mine
operator to a reservoir operator, as provided in division (D) of
section 1571.03 of the Revised Code, which must be plugged or
reconditioned, shall be completed by the time the well, by reason
of the opening of the new mine, is within two thousand linear feet
of any part of the boundary of the new mine. A reservoir operator
who is required to complete the plugging or reconditioning of a
well within a period of time fixed as in this division prescribed,
may prior to the end of that period of time, notify the division
and the mine operator from whom the reservoir operator received a
notice as provided in division (B), (C), or (D) of section 1571.03
of the Revised Code, in writing by registered mail, that the
completion of the plugging or reconditioning of the well referred
to in the notice will be delayed beyond the end of the period of
time fixed therefor as in this section provided, and that the
reservoir operator requests that a conference be held for the
purpose of endeavoring to reach an agreement establishing a date
subsequent to the end of that period of time, on or before which
the reservoir operator may complete the plugging or reconditioning
without incurring any penalties for failure to do so as provided
in this chapter. If such a reservoir operator sends to such a mine
operator and to the division a notice and request for a conference
as in this division provided, the reservoir operator shall not
incur any penalties for failure to complete the plugging or
reconditioning of the well within the period of time fixed as in
this division prescribed, unless the reservoir operator fails to
complete the plugging or reconditioning of the well within the
period of time fixed by an approved agreement reached in the
conference, or fixed by an order by the chief upon a hearing held
in the matter in the event of failure to reach an approved
agreement in the conference.
Whenever, in compliance with this division, a well is to be
plugged by a reservoir operator, the operator shall give to the
division notice thereof, as many days in advance as will be
necessary for the gas storage well inspector or a deputy mine
inspector to be present at the plugging. The notification shall be
made on blanks furnished by the division and shall show the
following information:
(1) Name and address of the applicant;
(2) The location of the well identified by section or lot
number, city or village, and township and county;
(3) The well name and number of each well to be plugged.
(C) The operator shall give written notice at the same time
to the owner of the land upon which the well is located, the
owners or agents of the adjoining land, and adjoining well owners
or agents of the operator's intention to abandon the well, and of
the time when the operator will be prepared to commence plugging
and filling the same. In addition to giving such notices, the
reservoir operator shall also at the same time send a copy of the
notice by registered mail to the coal mine operator, if any, who
sent to the reservoir operator the notice as provided in division
(B), (C), or (D) of section 1571.03 of the Revised Code, in order
that the coal mine operator or the coal mine operator's designated
representative may attend and observe the manner in which the
plugging of the well is done.
If the reservoir operator plugs the well without an the gas
storage well inspector
from the division or a deputy mine
inspector being present to supervise the plugging, the reservoir
operator shall send to the division and to the coal mine operator
a copy of the report of the plugging of the well, including in the
report:
(1) The date of abandonment;
(2) The name of the owner or operator of the well at the time
of abandonment and the well owner's or operator's post office
address;
(3) The location of the well as to township and county and
the name of the owner of the surface upon which the well is
drilled, with the address thereof;
(4) The date of the permit to drill;
(5) The date when drilled;
(6) Whether the well has been mapped;
(7) The depth of the well;
(8) The depth of the top of the sand to which the well was
drilled;
(9) The depth of each seam of coal drilled through;
(10) A detailed report as to how the well was plugged, giving
in particular the manner in which the coal and various sands were
plugged, and the date of the plugging of the well, including
therein the names of those who witnessed the plugging of the well.
The report shall be signed by the operator or the operator's
agent who plugged the well and verified by the oath of the party
so signing. For the purposes of this section, a deputy mine
inspector may take acknowledgements and administer oaths to the
parties signing the report.
Whenever, in compliance with this division, a well is to be
reconditioned by a reservoir operator, the operator shall give to
the division notice thereof as many days before the reconditioning
is begun as will be necessary for the gas storage well inspector,
or a deputy mine inspector, to be present at the reconditioning.
No well shall be reconditioned if an inspector of the division is
not present unless permission to do so has been granted by the
chief. The reservoir operator, at the time of giving notice to the
division as in this section required, also shall send a copy of
the notice by registered mail to the coal mine operator, if any,
who sent to the reservoir operator the notice as provided in
division (B), (C), or (D) of section 1571.03 of the Revised Code,
in order that the coal mine operator or the coal mine operator's
designated representative may attend and observe the manner in
which the reconditioning of the well is done.
If the reservoir operator reconditions the well when no the
gas storage well inspector of the division or a deputy mine
inspector is not present to supervise the reconditioning, the
reservoir operator shall make written report to the division
describing the manner in which the reconditioning was done, and
shall send to the coal mine operator a copy of the report by
registered mail.
(D) Wells that are required by this section to be plugged
shall be plugged in the manner specified in sections 1509.13 to
1509.17 of the Revised Code, and the operator shall give the
notifications and reports required by divisions (B) and (C) of
this section. No such well shall be plugged or abandoned without
the written approval of the division, and no such well shall be
mudded, plugged, or abandoned without the gas storage well
inspector or a deputy mine inspector present unless written
permission has been granted by the chief or the gas storage well
inspector. For purposes of this section, the chief of the division
of mineral resources management has the authority given the chief
of the division of oil and gas resources management in sections
1509.15 and 1509.17 of the Revised Code. If such a well has been
plugged prior to the time plugging thereof is required by this
section, and, on the basis of the data, information, and other
evidence available it is determined that the plugging was done in
the manner required by this section, or was done in accordance
with statutes prescribing the manner of plugging wells in effect
at the time the plugging was done, and that there is no evidence
of leakage of gas from the well either at or below the surface,
and that the plugging is sufficiently effective to prevent the
leakage of gas from the well, the obligations imposed upon the
reservoir operator by this section as to plugging the well shall
be considered fully satisfied. The operator of a coal mine any
part of the boundary of which is, or within nine months is
expected or intended to be, within two thousand linear feet of the
well may at any time raise a question as to whether the plugging
of the well is sufficiently effective to prevent the leakage of
gas therefrom, and the issue so made shall be determined by a
conference or hearing as provided in section 1571.10 of the
Revised Code.
(E) Wells that are to be reconditioned as required by this
section shall be, or shall be made to be:
(1) Cased in accordance with the statutes of this state in
effect at the time the wells were drilled, with the casing being,
or made to be, sufficiently effective in that there is no evidence
of any leakage of gas therefrom;
(2) Equipped with a producing string and well head composed
of new pipe, or pipe as good as new, and fittings designed to
operate with safety and to contain the stored gas at maximum
pressures contemplated.
When a well that is to be reconditioned as required by this
section has been reconditioned for use in the operation of the
reservoir prior to the time prescribed in this section, and on the
basis of the data, information, and other evidence available it is
determined that at the time the well was so reconditioned the
requirements prescribed in this division were met, and that there
is no evidence of underground leakage of gas from the well, and
that the reconditioning is sufficiently effective to prevent
underground leakage from the well, the obligations imposed upon
the reservoir operator by this section as to reconditioning the
well shall be considered fully satisfied. Any operator of a coal
mine any part of the boundary of which is, or within nine months
is expected or intended to be, within two thousand linear feet of
the well may at any time raise a question as to whether the
reconditioning of the well is sufficiently effective to prevent
underground leakage of gas therefrom, and the issue so made shall
be determined by a conference or hearing as provided in section
1571.10 of the Revised Code.
If the gas storage well inspector at any time finds that a
well that is drilled through the horizon of a coal mine and into
or through the storage stratum or strata of a reservoir within the
boundary of the reservoir or within its protective area is located
within the boundary of the coal mine or within two thousand linear
feet of the mine boundary, and was drilled prior to the time the
statutes of this state required that wells be cased, and that the
well fails to meet the casing and equipping requirements
prescribed in this division, the gas storage well inspector shall
promptly notify the operator of the reservoir thereof in writing,
and the reservoir operator upon receipt of the notice shall
promptly recondition the well in the manner prescribed in this
division for reconditioning wells, unless, in a conference or
hearing as provided in section 1571.10 of the Revised Code, a
different course of action is agreed upon or ordered.
(F)(1) When a well within the boundary of a gas storage
reservoir or within the reservoir's protective area penetrates the
storage stratum or strata of the reservoir, but does not penetrate
the coal seam within the boundary of a coal mine, the gas storage
well inspector may, upon application of the operator of the
storage reservoir, exempt the well from the requirements of this
section. Either party affected by the action of the gas storage
well inspector may request a conference and hearing with respect
to the exemption.
(2) When a well located within the boundary of a storage
reservoir or a reservoir's protective area is a producing well in
a stratum above or below the storage stratum, the obligations
imposed by this section shall not begin until the well ceases to
be a producing well.
(G) When retreat mining reaches a point in a coal mine when
the operator of the mine expects that within ninety days retreat
work will be at the location of a pillar surrounding an active
storage reservoir well, the operator of the mine shall promptly
send by registered mail notice to that effect to the operator of
the reservoir. Thereupon the operators may by agreement determine
whether it is necessary or advisable to temporarily inactivate the
well. If inactivated, the well shall not be reactivated until a
reasonable period of time has elapsed, such period of time to be
determined by agreement by the operators. In the event that the
parties cannot agree upon either of the foregoing matters, the
question shall be submitted to the gas storage well inspector for
a conference in accordance with section 1571.10 of the Revised
Code.
(H)(1) The provisions of this section that require the
plugging or reconditioning of wells shall not apply to such wells
as are used to inject gas into, store gas in, or remove gas from a
gas storage reservoir when the sole purpose of the injection,
storage, or removal is testing. The operator of a gas storage
reservoir who injects gas into, stores gas in, or removes gas from
a reservoir for the sole purpose of testing shall be subject to
all other provisions of this chapter that are applicable to
operators of reservoirs.
(2) If the injection of gas into, or storage of gas in, a gas
storage reservoir any part of which, or of the protective area of
which, is within the boundary of a coal mine is begun after
September 9, 1957, and if the injection or storage of gas is for
the sole purpose of testing, the operator of the reservoir shall
send by registered mail to the operator of the coal mine, the
division of oil and gas resources management, and to the division
of mineral resources management at least sixty days' notice of the
date upon which the testing will be begun.
If at any time within the period of time during which testing
of a reservoir is in progress, any part of the reservoir or of its
protective area comes within any part of the boundary of a coal
mine, the operator of the reservoir shall promptly send notice to
that effect by registered mail to the operator of the mine, the
division of oil and gas resources management, and to the division
of mineral resources management.
(3) Any coal mine operator who receives a notice as provided
for in division (H)(2) of this section may within thirty days of
the receipt thereof file with the division objections to the
testing. The gas storage well inspector also may, within the time
within which a coal mine operator may file an objection, place in
the files of the division objections to the testing. The reservoir
operator shall comply throughout the period of the testing
operations with all conditions and requirements agreed upon and
approved in the conference on such objections conducted as
provided in section 1571.10 of the Revised Code, or in an order
made by the chief following a hearing in the matter as provided in
section 1571.10 of the Revised Code. If in complying with the
agreement or order either the reservoir operator or the coal mine
operator encounters or discovers conditions that were not known to
exist at the time of the conference or hearing and that materially
affect the agreement or order, or the ability of the reservoir
operator to comply therewith, either operator may apply for a
rehearing or modification of the order.
(I) In addition to complying with all other provisions of
this chapter and any lawful orders issued thereunder, the operator
of each gas storage reservoir shall keep all wells drilled into or
through the storage stratum or strata within the boundary of the
operator's reservoir or within the reservoir's protective area in
such condition, and operate the same in such manner, as to prevent
the escape of gas therefrom into any coal mine, and shall operate
and maintain the storage reservoir and its facilities in such
manner and at such pressures as will prevent gas from escaping
from the reservoir or its facilities into any coal mine.
Sec. 1571.06. (A) Distances between boundaries of gas
storage reservoirs, reservoir protective areas, coal mines, coal
mine protective areas, and wells, as shown on the most recent maps
of storage reservoirs and of coal mines filed with the division of
oil and gas resources management or the division of mineral
resources management as required by this chapter and sections
1563.03 to 1563.05 of the Revised Code, may be accepted and relied
upon as being accurate and correct, by operators of coal mines and
operators of reservoirs. Data, statements, and reports filed with
the either division as required by this chapter and sections
1563.03 to 1563.05 of the Revised Code may be likewise accepted
and relied upon. However, the gas storage well inspector or any
reservoir operator or coal mine operator, or any other person
having a direct interest in the matter, may at any time question
the accuracy or correctness of any map, data, statement, or report
so filed, with the either division by notifying
the division both
divisions thereof in writing. Such notice shall state the reasons
why the question is raised. When any such notice is so filed, the
gas storage well inspector shall proceed promptly to hold a
conference on the question thus raised, as provided in section
1571.10 of the Revised Code.
(B) If, in any proceeding under this chapter, the accuracy or
correctness of any map, data, statement, or report, filed by any
person pursuant to the requirements of this chapter is in
question, the person so filing the same shall have the burden of
proving the accuracy or correctness thereof.
(C) The operator of a gas storage reservoir shall, at all
reasonable times, be permitted to inspect the premises and
facilities of any coal mine any part of the boundary of which is
within any part of the boundary of such gas storage reservoir or
within its protective area, and the operator of a coal mine shall,
at all reasonable times, be permitted to inspect the premises and
facilities of any gas storage reservoir any part of the boundary
of which or any part of the protective area of which is within the
boundary of such coal mine. In the event that either such
reservoir operator or such coal mine operator denies permission to
make any such inspection, the chief of the division of mineral oil
and gas resources management on the chief's own motion, or on an
application by the operator desiring to make such inspection, upon
a hearing thereon if requested by either operator, after
reasonable notice of such hearing, may make an order providing for
such inspection.
Sec. 1571.08. (A) Whenever in this chapter, the method or
material to be used in discharging any obligations imposed by this
chapter is specified, an alternative method or material may be
used if approved by the gas storage well inspector or the chief of
the division of mineral oil and gas resources management. A person
desiring to use such alternative method or material shall file
with the division of
mineral oil and gas resources management an
application for permission to do so. Such application shall
describe such alternative method or material in reasonable detail.
The gas storage well inspector shall promptly send by registered
mail notice of the filing of such application to any coal mine
operator or reservoir operator whose mine or reservoir may be
directly affected thereby. Any such coal mine operator or
reservoir operator may within ten days following receipt of such
notice, file with the division objections to such application. The
gas storage well inspector may also file with the division an
objection to such application at any time during which coal mine
operators or reservoir operators are permitted to file objections.
If no objections are filed within the ten-day period of time, the
gas storage well inspector shall thereupon issue a permit
approving the use of such alternative method or material. If any
such objections are filed by any coal mine operator or reservoir
operator, or by the gas storage well inspector, the question as to
whether or not the use of such alternative method or material, or
a modification thereof is approved, shall be determined by a
conference or hearing as provided in section 1571.10 of the
Revised Code.
(B) Whenever in this chapter, provision is made for the
filing of objections with the division, such objections shall be
in writing and shall state as definitely as is reasonably possible
the reasons for such objections. Upon the filing of any such
objection the gas storage well inspector shall promptly fix the
time and place for holding a conference for the purpose of
discussing and endeavoring to resolve by mutual agreement the
issue raised by such objection. The gas storage well inspector
shall send written notice thereof by registered mail to each
person having a direct interest therein. Thereupon the issue made
by such objection shall be determined by a conference or hearing
in accordance with the procedures for conferences and hearings as
provided in section 1571.10 of the Revised Code.
Sec. 1571.09. (A) The chief of the division of mineral oil
and gas resources management or any officer or employee of the
division thereunto duly authorized by the chief may investigate,
inspect, or examine records and facilities of any coal mine
operator or reservoir operator, for the purpose of determining the
accuracy or correctness of any map, data, statement, report, or
other item or article, filed with or otherwise received by the
division pursuant to this chapter. When a material question is
raised by any reservoir operator or coal mine operator as to the
accuracy or correctness of any such map, data, statement, report,
or other item or article, which may directly affect the reservoir
operator or coal mine operator, the matter shall be determined by
a conference or hearing as provided in section 1571.10 of the
Revised Code.
(B) The division of mineral oil and gas resources management
shall keep all maps, data, statements, reports, well logs,
notices, or other items or articles filed with or otherwise
received by it pursuant to this chapter in a safe place and
conveniently accessible to persons entitled to examine them. It
shall maintain indexes of all such items and articles so that any
of them may be promptly located. None of such items or articles
shall be open to public inspection, but: (1) any of such items or
articles pertaining to a mine may be examined by: the operator,
owner, lessee, or agent of such mine; persons financially
interested in such mine; owners of land adjoining such mine; the
operator, owner, lessee, or agent of a mine adjoining such mine;
authorized representatives of the persons employed to work in such
mine; the operator of a gas storage reservoir any part of the
boundary of which or of the boundary of its protective area is
within ten thousand linear feet of the boundary of such mine, or
the agent of such reservoir operator thereunto authorized by such
reservoir operator; or any employee of the division of geological
survey in the department of natural resources thereunto duly
authorized by the chief of that division; and (2) any of such
items or articles pertaining to a gas storage reservoir may be
examined by: the operator of such reservoir; the operator of a
coal mine any part of the boundary of which is within ten thousand
linear feet of the boundary of a gas storage reservoir or of the
boundary of its protective area, or the agent of such mine
operator thereunto authorized by such mine operator, or the
authorized representatives of the persons employed to work in such
mine; or any employee of the division of geological survey
thereunto duly authorized by the chief of that division. The
division of mineral oil and gas resources management shall not
permit any of such items or articles to be removed from its
office, and it shall not furnish copies of any such items or
articles to any person other than as provided in this chapter.
The division shall keep a docket of all proceedings arising
under this chapter, in which shall be entered the dates of any
notice received or issued, the names of all persons to whom it
sends a notice, and the address of each, the dates of conferences
and hearings, and all findings, determinations, decisions,
rulings, and orders, or other actions by the division.
(C) Whenever any provision of this chapter requires the
division to give notice to the operator of a coal mine of any
proceeding to be held pursuant to this chapter, the division shall
simultaneously give a copy of such notice to the authorized
representatives of the persons employed to work in such mine.
Sec. 1571.10. (A) The gas storage well inspector or any
person having a direct interest in the administration of this
chapter may at any time file with the division of mineral oil and
gas resources management a written request that a conference be
held for the purpose of discussing and endeavoring to resolve by
mutual agreement any question or issue relating to the
administration of this chapter, or to compliance with its
provisions, or to any violation thereof. Such request shall
describe the matter concerning which the conference is requested.
Thereupon the gas storage well inspector shall promptly fix the
time and place for the holding of such conference and shall send
written notice thereof to each person having a direct interest
therein. At such conference the gas storage well inspector or a
representative of the division designated by the gas storage well
inspector shall be in attendance, and shall preside at the
conference, and the gas storage well inspector or designated
representative may make such recommendations as the gas storage
well inspector or designated representative deems proper. Any
agreement reached at such conference shall be consistent with the
requirements of this chapter and, if approved by the gas storage
well inspector, it shall be reduced to writing and shall be
effective. Any such agreement approved by the gas storage well
inspector shall be kept on file in the division and a copy thereof
shall be furnished to each of the persons having a direct interest
therein. The conference shall be deemed terminated as of the date
an approved agreement is reached or when any person having a
direct interest therein refuses to confer thereafter. Such a
conference shall be held in all cases prior to the holding of a
hearing as provided in this section.
(B) Within ten days after the termination of a conference at
which no approved agreement is reached, any person who
participated in such conference and who has a direct interest in
the subject matter thereof, or the gas storage well inspector, may
file with the chief of the division of mineral oil and gas
resources management a request that the chief hear and determine
the matter or matters, or any part thereof considered at the
conference. Thereupon the chief shall promptly fix the time and
place for the holding of such hearing and shall send written
notice thereof to each person having a direct interest therein.
The form of the request for such hearing and the conduct of the
hearing shall be in accordance with rules that the chief adopts
under section 1571.11 of the Revised Code. Consistent with the
requirement for reasonable notice each such hearing shall be held
promptly after the filing of the request therefor. Any person
having a direct interest in the matter to be heard shall be
entitled to appear and be heard in person or by attorney. The
division may present at such hearing any evidence that is material
to the matter being heard and that has come to the division's
attention in any investigation or inspection made pursuant to this
chapter.
(C) For the purpose of conducting such a hearing the chief
may require the attendance of witnesses and the production of
books, records, and papers, and the chief may, and at the request
of any person having a direct interest in the matter being heard,
the chief shall, issue subpoenas for witnesses or subpoenas duces
tecum to compel the production of any books, records, or papers,
directed to the sheriffs of the counties where such witnesses are
found, which subpoenas shall be served and returned in the same
manner as subpoenas in criminal cases are served and returned. The
fees of sheriffs shall be the same as those allowed by the court
of common pleas in criminal cases. Witnesses shall be paid the
fees and mileage provided for under section 119.094 of the Revised
Code. Such fee and mileage expenses shall be paid in advance by
the persons at whose request they are incurred, and the remainder
of such expenses shall be paid out of funds appropriated for the
expenses of the division.
In case of disobedience or neglect of any subpoena served on
any person, or the refusal of any witness to testify to any matter
regarding which the witness may be lawfully interrogated, the
court of common pleas of the county in which such disobedience,
neglect, or refusal occurs, or any judge thereof, on application
of the chief, shall compel obedience by attachment proceedings for
contempt as in the case of disobedience of the requirements of a
subpoena issued from such court or a refusal to testify therein.
Witnesses at such hearings shall testify under oath, and the chief
may administer oaths or affirmations to persons who so testify.
(D) With the consent of the chief, the testimony of any
witness may be taken by deposition at the instance of a party to
any hearing before the chief at any time after hearing has been
formally commenced. The chief may, of the chief's own motion,
order testimony to be taken by deposition at any stage in any
hearing, proceeding, or investigation pending before the chief.
Such deposition shall be taken in the manner prescribed by the
laws of this state for taking depositions in civil cases in courts
of record.
(E) After the conclusion of a hearing the chief shall make a
determination and finding of facts. Every adjudication,
determination, or finding by the chief shall be made by written
order and shall contain a written finding by the chief of the
facts upon which the adjudication, determination, or finding is
based. Notice of the making of such order shall be given to the
persons whose rights, duties, or privileges are affected thereby,
by sending a certified copy thereof by registered mail to each of
such persons.
Adjudications, determinations, findings, and orders made by
the chief shall not be governed by, or be subject to, Chapter 119.
of the Revised Code.
Sec. 1571.11. The chief of the division of
mineral oil and
gas resources management shall adopt rules governing
administrative procedures to be followed in the administration of
this chapter, which shall be of general application in all matters
and to all persons affected by this chapter.
No rule adopted by the chief pursuant to this section shall
be effective until the tenth day after a certified copy thereof
has been filed in the office of the secretary of state.
All rules filed in the office of the secretary of state
pursuant to this section shall be recorded by the secretary of
state under a heading entitled "Regulations relating to the
storage of gas in underground gas storage reservoirs" and shall be
numbered consecutively under such heading and shall bear the date
of filing. Such rules shall be public records open to public
inspection.
No rule filed in the office of the secretary of state
pursuant to this section shall be amended except by a rule that
contains the entire rule as amended and that repeals the rule
amended. Each rule that amends a rule shall bear the same
consecutive rule number as the number of the rule that it amends,
and it shall bear the date of filing.
No rule filed in the office of the secretary of state
pursuant to this section shall be repealed except by a rule. Each
rule that repeals a rule shall bear the same consecutive rule
number as the number of the rule that it repeals, and it shall
bear the date of filing.
The authority and the duty of the chief to adopt rules as
provided in this section shall not be governed by, or be subject
to Chapter 119. of the Revised Code.
The chief shall have available at all times copies of all
rules adopted pursuant to this section, and shall furnish same
free of charge to any person requesting same.
Sec. 1571.14. Any person claiming to be aggrieved or
adversely affected by an order of the chief of the division of
mineral oil and gas resources management made as provided in
section 1571.10 or 1571.16 of the Revised Code may appeal to the
director of natural resources for an order vacating or modifying
such order. Upon receipt of the appeal, the director shall appoint
an individual who has knowledge of the laws and rules regarding
the underground storage of gas and who shall act as a hearing
officer in accordance with Chapter 119. of the Revised Code in
hearing the appeal.
The person appealing to the director shall be known as
appellant and the chief shall be known as appellee. The appellant
and the appellee shall be deemed parties to the appeal.
The appeal shall be in writing and shall set forth the order
complained of and the grounds upon which the appeal is based. The
appeal shall be filed with the director within thirty days after
the date upon which appellant received notice by registered mail
of the making of the order complained of, as required by section
1571.10 of the Revised Code. Notice of the filing of such appeal
shall be delivered by appellant to the chief within three days
after the appeal is filed with the director.
Within seven days after receipt of the notice of appeal the
chief shall prepare and certify to the director at the expense of
appellant a complete transcript of the proceedings out of which
the appeal arises, including a transcript of the testimony
submitted to the chief.
Upon the filing of the appeal the director shall fix the time
and place at which the hearing on the appeal will be held, and
shall give appellant and the chief at least ten days' written
notice thereof by mail. The director may postpone or continue any
hearing upon the director's own motion or upon application of
appellant or of the chief.
The filing of an appeal provided for in this section does not
automatically suspend or stay execution of the order appealed
from, but upon application by the appellant the director may
suspend or stay such execution pending determination of the appeal
upon such terms as the director deems proper.
The hearing officer appointed by the director shall hear the
appeal de novo, and either party to the appeal may submit such
evidence as the hearing officer deems admissible.
For the purpose of conducting a hearing on an appeal, the
hearing officer may require the attendance of witnesses and the
production of books, records, and papers, and may, and at the
request of any party shall, issue subpoenas for witnesses or
subpoenas duces tecum to compel the production of any books,
records, or papers, directed to the sheriffs of the counties where
such witnesses are found, which subpoenas shall be served and
returned in the same manner as subpoenas in criminal cases are
served and returned. The fees of sheriffs shall be the same as
those allowed by the court of common pleas in criminal cases.
Witnesses shall be paid the fees and mileage provided for under
section 119.094 of the Revised Code. Such fee and mileage expenses
incurred at the request of appellant shall be paid in advance by
appellant, and the remainder of such expenses shall be paid out of
funds appropriated for the expenses of the division of mineral oil
and gas resources management.
In case of disobedience or neglect of any subpoena served on
any person, or the refusal of any witness to testify to any matter
regarding which the witness may be lawfully interrogated, the
court of common pleas of the county in which such disobedience,
neglect, or refusal occurs, or any judge thereof, on application
of the director, shall compel obedience by attachment proceedings
for contempt as in the case of disobedience of the requirements of
a subpoena issued from such court or a refusal to testify therein.
Witnesses at such hearings shall testify under oath, and the
hearing officer may administer oaths or affirmations to persons
who so testify.
At the request of any party to the appeal, a stenographic or
electronic record of the testimony and other evidence submitted
shall be taken by an official court shorthand reporter at the
expense of the party making the request therefor for the record.
The record shall include all of the testimony and other evidence
and the rulings on the admissibility thereof presented at the
hearing. The hearing officer shall pass upon the admissibility of
evidence, but any party may at the time object to the admission of
any evidence and except to the ruling of the hearing officer
thereon, and if the hearing officer refuses to admit evidence, the
party offering same may make a proffer thereof, and such proffer
shall be made a part of the record of such hearing.
If upon completion of the hearing the hearing officer finds
that the order appealed from was lawful and reasonable, the
hearing officer shall make a written order affirming the order
appealed from. If the hearing officer finds that such order was
unreasonable or unlawful, the hearing officer shall make a written
order vacating the order appealed from and making the order that
it finds the chief should have made. Every order made by the
hearing officer shall contain a written finding by the hearing
officer of the facts upon which the order is based. Notice of the
making of such order shall be given forthwith to each party to the
appeal by mailing a certified copy thereof to each such party by
registered mail.
Sec. 1571.16. (A) The gas storage well inspector or any
person having a direct interest in the subject matter of this
chapter may file with the division of mineral oil and gas
resources management a complaint in writing stating that a person
is violating, or is about to violate, a provision or provisions of
this chapter, or has done, or is about to do, an act, matter, or
thing therein prohibited or declared to be unlawful, or has
failed, omitted, neglected, or refused, or is about to fail, omit,
neglect, or refuse, to perform a duty enjoined upon the person by
this chapter. Upon the filing of such a complaint, the chief of
the division of mineral oil and gas resources management shall
promptly fix the time for the holding of a hearing on such
complaint and shall send by registered mail to the person so
complained of, a copy of such complaint together with at least
five days' notice of the time and place at which such hearing will
be held. Such notice of such hearing shall also be given to all
persons having a direct interest in the matters complained of in
such complaint. Such hearing shall be conducted in the same
manner, and the chief and persons having a direct interest in the
matter being heard, shall have the same powers, rights, and duties
as provided in divisions (B), (C), (D), and (E) of section 1571.10
of the Revised Code, in connection with hearings by the chief,
provided that if after conclusion of the hearing the chief finds
that the charges against the person complained of, as stated in
such complaint, have not been sustained by a preponderance of
evidence, the chief shall make an order dismissing the complaint,
and if the chief finds that the charges have been so sustained,
the chief shall by appropriate order require compliance with those
provisions.
(B) Whenever the chief is of the opinion that any person is
violating, or is about to violate, any provision of this chapter,
or has done, or is about to do, any act, matter, or thing therein
prohibited or declared to be unlawful, or has failed, omitted,
neglected, or refused, or is about to fail, omit, neglect, or
refuse, to perform any duty enjoined upon the person by this
chapter, or has failed, omitted, neglected, or refused, or is
about to fail, omit, neglect, or refuse, to obey any lawful
requirement or order made by the chief, or any final judgment,
order, or decree made by any court pursuant to this chapter, then
and in every such case, the chief may institute in a court of
competent jurisdiction of the county or counties wherein the
operation is situated, an action to enjoin or restrain such
violations or to enforce obedience with law or the orders of the
chief. No injunction bond shall be required to be filed in any
such proceeding. Such persons or corporations as the court may
deem necessary or proper to be joined as parties in order to make
its judgment, order, or writ effective may be joined as parties.
An appeal may be taken as in other civil actions.
(C) In addition to the other remedies as provided in
divisions (A) and (B) of this section, any reservoir operator or
coal mine operator affected by this chapter may proceed by
injunction or other appropriate remedy to restrain violations or
threatened violations of this chapter or of orders of the chief,
or of the hearing officer appointed under section 1571.14 of the
Revised Code, or the judgments, orders, or decrees of any court or
to enforce obedience therewith.
(D) Each remedy prescribed in divisions (A), (B), and (C) of
this section is deemed concurrent or contemporaneous with each
other remedy prescribed therein, and the existence or exercise of
any one such remedy shall not prevent the exercise of any other
such remedy.
(E) The provisions of this chapter providing for conferences,
hearings by the chief, appeals to the hearing officer from orders
of the chief, and appeals to the court of common pleas from orders
of the hearing officer, and the remedies prescribed in divisions
(A), (B), (C), and (D) of this section, do not constitute the
exclusive procedure that a person, who deems the person's rights
to be unlawfully affected by any official action taken thereunder,
must pursue in order to protect and preserve such rights, nor does
this chapter constitute a procedure that such a person must pursue
before the person may lawfully proceed by other actions, legal or
equitable, to protect and preserve such rights.
Sec. 1571.18. After the effective date of this section June
30, 2010, and not later than the thirty-first day of March each
year, the owner of a well that is used for gas storage or of a
well that is used to monitor a gas storage reservoir and that is
located in a reservoir protective area shall pay to the chief of
the division of mineral oil and gas resources management a gas
storage well regulatory fee of one hundred twenty-five dollars for
each well that the owner owned as of the thirty-first day of
December of the previous year for the purposes of administering
this chapter and Chapter 1509. of the Revised Code. The chief may
prescribe and provide a form for the collection of the fee imposed
by this section and may adopt rules in accordance with Chapter
119. of the Revised Code that are necessary for the administration
of this section.
All money collected under this section shall be deposited in
the state treasury to the credit of the oil and gas well fund
created in section 1509.02 of the Revised Code.
Sec. 1571.99. Any person who purposely violates any order of
the chief of the division of mineral oil and gas resources
management, of a hearing officer appointed by the director of
natural resources under section 1571.14 of the Revised Code, or of
the director, made pursuant to this chapter shall be punished by a
fine not exceeding two thousand dollars, or imprisoned in jail for
a period not exceeding twelve months, or both, in the discretion
of the court.
Sec. 1701.07. (A) Every corporation shall have and maintain
an agent, sometimes referred to as the "statutory agent," upon
whom any process, notice, or demand required or permitted by
statute to be served upon a corporation may be served. The agent
may be a natural person who is a resident of this state or may be
a domestic corporation or a foreign corporation holding a license
as such under the laws of this state, that is authorized by its
articles of incorporation to act as such agent and that has a
business address in this state.
(B) The secretary of state shall not accept original articles
for filing unless there is filed with the articles a written
appointment of an agent that is signed by the incorporators of the
corporation or a majority of them and a written acceptance of the
appointment that is signed by the agent. In all other cases, the
corporation shall appoint the agent and shall file in the office
of the secretary of state a written appointment of the agent that
is signed by any authorized officer of the corporation and a
written acceptance of the appointment that is either the original
acceptance signed by the agent or a photocopy, facsimile, or
similar reproduction of the original acceptance signed by the
agent.
(C) The written appointment of an agent shall set forth the
name and address in this state of the agent, including the street
and number or other particular description, and shall otherwise be
in such form as the secretary of state prescribes. The secretary
of state shall keep a record of the names of corporations, and the
names and addresses of their respective agents.
(D) If any agent dies, removes from the state, or resigns,
the corporation shall forthwith appoint another agent and file
with the secretary of state, on a form prescribed by the secretary
of state, a written appointment of the agent.
(E) If the agent changes the agent's address from that
appearing upon the record in the office of the secretary of state,
the corporation or the agent shall forthwith file with the
secretary of state, on a form prescribed by the secretary of
state, a written statement setting forth the new address.
(F) An agent may resign by filing with the secretary of
state, on a form prescribed by the secretary of state, a written
notice to that effect that is signed by the agent and by sending a
copy of the notice to the corporation at the current or last known
address of its principal office on or prior to the date the notice
is filed with the secretary of state. The notice shall set forth
the name of the corporation, the name and current address of the
agent, the current or last known address, including the street and
number or other particular description, of the corporation's
principal office, the resignation of the agent, and a statement
that a copy of the notice has been sent to the corporation within
the time and in the manner prescribed by this division. Upon the
expiration of thirty days after the filing, the authority of the
agent shall terminate.
(G) A corporation may revoke the appointment of an agent by
filing with the secretary of state, on a form prescribed by the
secretary of state, a written appointment of another agent and a
statement that the appointment of the former agent is revoked.
(H) Any process, notice, or demand required or permitted by
statute to be served upon a corporation may be served upon the
corporation by delivering a copy of it to its agent, if a natural
person, or by delivering a copy of it at the address of its agent
in this state, as the address appears upon the record in the
office of the secretary of state. If (1) the agent cannot be
found, or (2) the agent no longer has that address, or (3) the
corporation has failed to maintain an agent as required by this
section, and if in any such case the party desiring that the
process, notice, or demand be served, or the agent or
representative of the party, shall have filed with the secretary
of state an affidavit stating that one of the foregoing conditions
exists and stating the most recent address of the corporation that
the party after diligent search has been able to ascertain, then
service of process, notice, or demand upon the secretary of state,
as the agent of the corporation, may be initiated by delivering to
the secretary of state or at the secretary of state's office
quadruplicate copies of such process, notice, or demand and by
paying to the secretary of state a fee of five dollars. The
secretary of state shall forthwith give notice of the delivery to
the corporation at its principal office as shown upon the record
in the secretary of state's office and at any different address
shown on its last franchise tax report filed in this state, or to
the corporation at any different address set forth in the above
mentioned affidavit, and shall forward to the corporation at said
addresses, by certified mail, with request for return receipt, a
copy of the process, notice, or demand; and thereupon service upon
the corporation shall be deemed to have been made.
(I) The secretary of state shall keep a record of each
process, notice, and demand delivered to the secretary of state or
at the secretary of state's office under this section or any other
law of this state that authorizes service upon the secretary of
state, and shall record the time of the delivery and the action
thereafter with respect thereto.
(J) This section does not limit or affect the right to serve
any process, notice, or demand upon a corporation in any other
manner permitted by law.
(K) Every corporation shall state in each annual report filed
by it with the department of taxation the name and address of its
statutory agent.
(L) Except when an original appointment of an agent is filed
with the original articles, a written appointment of an agent or a
written statement filed by a corporation with the secretary of
state shall be signed by any authorized officer of the corporation
or by the incorporators of the corporation or a majority of them
if no directors have been elected.
(M) For filing a written appointment of an agent other than
one filed with original articles, and for filing a statement of
change of address of an agent, the secretary of state shall charge
and collect the fee specified in division (R) of section 111.16 of
the Revised Code.
(N) Upon the failure of a corporation to appoint another
agent or to file a statement of change of address of an agent, the
secretary of state shall give notice thereof by certified ordinary
or electronic mail to the corporation at the electronic mail
address provided to the secretary of state, or at the address set
forth in the notice of resignation or on the last franchise tax
return filed in this state by the corporation. Unless the default
is cured within thirty days after the mailing by the secretary of
state of the notice or within any further period of time that the
secretary of state grants, upon the expiration of that period of
time from the date of the mailing, the articles of the corporation
shall be canceled without further notice or action by the
secretary of state. The secretary of state shall make a notation
of the cancellation on the secretary of state's records.
A corporation whose articles have been canceled may be
reinstated by filing, on a form prescribed by the secretary of
state, an application for reinstatement and the required
appointment of agent or required statement, and by paying the
filing fee specified in division (Q) of section 111.16 of the
Revised Code. The rights, privileges, and franchises of a
corporation whose articles have been reinstated are subject to
section 1701.922 of the Revised Code. The secretary of state shall
furnish the tax commissioner a monthly list of all corporations
canceled and reinstated under this division.
(O) This section does not apply to banks, trust companies,
insurance companies, or any corporation defined under the laws of
this state as a public utility for taxation purposes.
Sec. 1702.59. (A) Every nonprofit corporation, incorporated
under the general corporation laws of this state, or previous
laws, or under special provisions of the Revised Code, or created
before September 1, 1851, which corporation has expressedly or
impliedly elected to be governed by the laws passed since that
date, and whose articles or other documents are filed with the
secretary of state, shall file with the secretary of state a
verified statement of continued existence, signed by a director,
officer, or three members in good standing, setting forth the
corporate name, the place where the principal office of the
corporation is located, the date of incorporation, the fact that
the corporation is still actively engaged in exercising its
corporate privileges, and the name and address of its agent
appointed pursuant to section 1702.06 of the Revised Code.
(B) Each corporation required to file a statement of
continued existence shall file it with the secretary of state
within each five years after the date of incorporation or of the
last corporate filing.
(C) Corporations specifically exempted by division (N) of
section 1702.06 of the Revised Code, or whose activities are
regulated or supervised by another state official, agency, bureau,
department, or commission are exempted from this section.
(D) The secretary of state shall give notice in writing by
ordinary or electronic mail and provide a form for compliance with
this section to each corporation required by this section to file
the statement of continued existence, such notice and form to be
mailed to the last known physical or electronic mail address of
the corporation as it appears on the records of the secretary of
state or which the secretary of state may ascertain upon a
reasonable search.
(E) If any nonprofit corporation required by this section to
file a statement of continued existence fails to file the
statement required every fifth year, then the secretary of state
shall cancel the articles of such corporation, make a notation of
the cancellation on the records, and mail to the corporation a
certificate of the action so taken.
(F) A corporation whose articles have been canceled may be
reinstated by filing an application for reinstatement and paying
to the secretary of state the fee specified in division (Q) of
section 111.16 of the Revised Code. The name of a corporation
whose articles have been canceled shall be reserved for a period
of one year after the date of cancellation. If the reinstatement
is not made within one year from the date of the cancellation of
its articles of incorporation and it appears that a corporate
name, limited liability company name, limited liability
partnership name, limited partnership name, or trade name has been
filed, the name of which is not distinguishable upon the record as
provided in section 1702.06 of the Revised Code, the applicant for
reinstatement shall be required by the secretary of state, as a
condition prerequisite to such reinstatement, to amend its
articles by changing its name. A certificate of reinstatement may
be filed in the recorder's office of any county in the state, for
which the recorder shall charge and collect a base fee of one
dollar for services and a housing trust fund fee of one dollar
pursuant to section 317.36 of the Revised Code. The rights,
privileges, and franchises of a corporation whose articles have
been reinstated are subject to section 1702.60 of the Revised
Code.
(G) The secretary of state shall furnish the tax commissioner
a list of all corporations failing to file the required statement
of continued existence.
Sec. 1703.031. (A) If the laws of the United States
prohibit, preempt, or otherwise eliminate the licensing
requirement of sections 1703.01 to 1703.31 of the Revised Code
with respect to a corporation that is a bank, savings bank, or
savings and loan association chartered under the laws of the
United States, the main office of which is located in another
state, the bank, savings bank, or savings and loan association
shall notify the secretary of state that it is transacting
business in this state by submitting a notice in such form as the
secretary of state prescribes. The notice shall be verified by the
oath of the president, vice-president, secretary, or treasurer of
the bank, savings bank, or savings and loan association, and shall
set forth all of the following:
(1) The name of the corporation and any trade name under
which it will do business in this state;
(2) The location and complete address, including the county,
of its main office in another state and its principal office, if
any, in this state;
(3) The appointment of a designated agent and the complete
address of such agent in this state, which agent may be a natural
person who is a resident of this state, or may be a domestic
corporation for profit or a foreign corporation for profit holding
a license as such under the laws of this state, provided that the
domestic or foreign corporation has a business address in this
state and is authorized by its articles of incorporation to act as
such agent;
(4) The irrevocable consent of the corporation to service of
process on such agent so long as the authority of the agent
continues and to service of process upon the secretary of state in
the events provided for in section 1703.19 of the Revised Code;
(5) A brief summary of the business to be transacted within
this state.
(B) The notice required by this section shall be accompanied
by a certificate of good standing or subsistence, dated not
earlier than sixty days prior to the submission of the notice,
under the seal of the proper official of the agency of the United
States that incorporated the bank, savings bank, or savings and
loan association, setting forth the exact corporate title, the
date of incorporation, and the fact that the bank, savings bank,
or savings and loan association is in good standing or is a
subsisting bank, savings bank, or savings and loan association.
(C) Upon submission of the notice, a bank, savings bank, or
savings and loan association shall pay a filing fee of one hundred
dollars to the secretary of state as required by section 111.16 of
the Revised Code.
(D)(1) No such notice shall be accepted for filing if it
appears that the name of the bank, savings bank, or savings and
loan association is any of the following:
(b) Not distinguishable upon the records in the office of the
secretary of state from the name of a limited liability company,
whether domestic or foreign, or any other corporation, whether
nonprofit or for profit and whether that of a domestic corporation
or of a foreign corporation authorized to transact business in
this state, unless there is also filed with the secretary of state
the consent of the other limited liability company or corporation
to the use of the name, evidenced in a writing signed by any
authorized representative or authorized officer of the other
limited liability company or corporation;
(c) Not distinguishable upon the records in the office of the
secretary of state from a trade name, the exclusive right to which
is at the time in question registered in the manner provided in
Chapter 1329. of the Revised Code, unless there also is filed with
the secretary of state the consent of the other corporation or
person to the use of the name, evidenced in a writing signed by
any authorized officer of the other corporation or authorized
party of the other person owning the exclusive right to the
registered trade name.
(2) Notwithstanding division (D)(1)(b) of this section, if a
notice is not acceptable for filing solely because the name of the
bank, savings bank, or savings and loan association is not
distinguishable from the name of another corporation or registered
trade name, the bank, savings bank, or savings and loan
association may be authorized to transact business in this state
by filing with the secretary of state, in addition to those items
otherwise prescribed by this section, a statement signed by an
authorized officer directing the bank, savings bank, or savings
and loan association to transact business in this state under an
assumed business name or names that comply with the requirements
of division (D) of this section and stating that the bank, savings
bank, or savings and loan association will transact business in
this state only under the assumed name or names.
(E) The secretary of state shall provide evidence of receipt
of notice to each bank, savings bank, or savings and loan
association that submits a notice required by this section.
Sec. 1703.07. If a foreign corporation has merged or
consolidated with one or more foreign corporations, it shall file
with the secretary of state a certificate setting forth the fact
of merger or consolidation, certified by the secretary of state,
or other proper official, of the state under the laws of which the
foreign corporation was incorporated.
The secretary of state, before filing a certificate
evidencing a foreign corporation's merger or consolidation, shall
charge and collect from the foreign corporation a filing fee of
ten dollars as required by section 111.16 of the Revised Code.
Sec. 1707.11. (A) Each person that is not organized under
the laws of this state, that is not licensed under section 1703.03
of the Revised Code, or that does not have its principal place of
business in this state, shall submit to the division of securities
an irrevocable consent to service of process, as described in
division (B) of this section, in connection with any of the
following:
(1) Filings to claim any of the exemptions enumerated in
division (Q), (W), (X), or (Y) of section 1707.03 of the Revised
Code;
(2) Applications for registration by description,
qualification, or coordination;
(3) Notice filings pursuant to section 1707.092 of the
Revised Code.
(B) The irrevocable written consent shall be executed and
acknowledged by an individual duly authorized to give the consent
and shall do all of the following:
(1) Designate the secretary of state as agent for service of
process or pleadings;
(2) State that actions growing out of the sale of such
securities, the giving of investment advice, or fraud committed by
a person on whose behalf the consent is submitted may be commenced
against the person, in the proper court of any county in this
state in which a cause of action may arise or in which the
plaintiff in the action may reside, by serving on the secretary of
state any proper process or pleading authorized by the laws of
this state;
(3) Stipulate that service of process or pleading on the
secretary of state shall be taken in all courts to be as valid and
binding as if service had been made upon the person on whose
behalf the consent is submitted.
(C) Notwithstanding any application, form, or other material
filed with or submitted to the division that purports to appoint
as agent for service of process a person other than the secretary
of state, the application, form, or other material shall be
considered to appoint the secretary of state as agent for service
of process.
(D) Service of any process or pleadings may be made on the
secretary of state by duplicate copies, of which one shall be
filed in the office of the secretary of state, and the other
immediately forwarded by the secretary of state by certified mail
to the principal place of business of the person on whose behalf
the consent is submitted or to the last known address as shown on
the filing made with the division. However, failure to mail such
copy does not invalidate the service.
(E) Notwithstanding any provision of this chapter, or of any
rule adopted by the division of securities under this chapter,
that requires the submission of a consent to service of process,
the division may provide by rule for the electronic filing or
submission of a consent to service of process.
Sec. 1707.17. (A)(1) The license of every dealer in and
salesperson of securities shall expire on the thirty-first day of
December of each year, and may be renewed upon the filing with the
division of securities of an application for renewal, and the
payment of the fee prescribed in this section. The division shall
give notice, without unreasonable delay, of its action on any
application for renewal of a dealer's or salesperson's license.
(2) The license of every investment adviser and investment
adviser representative licensed under section 1707.141 or 1707.161
of the Revised Code shall expire on the thirty-first day of
December of each year. The licenses may be renewed upon the filing
with the division of an application for renewal, and the payment
of the fee prescribed in division (B) of this section. The
division shall give notice, without unreasonable delay, of its
action on any application for renewal.
(3) An investment adviser required to make a notice filing
under division (B) of section 1707.141 of the Revised Code
annually shall file with the division the notice filing and the
fee prescribed in division (B) of this section, no later than the
thirty-first day of December of each year.
(4) The license of every state retirement system investment
officer licensed under section 1707.163 of the Revised Code and
the license of a bureau of workers' compensation chief investment
officer issued under section 1707.165 of the Revised Code shall
expire on the thirtieth day of June of each year. The licenses may
be renewed on the filing with the division of an application for
renewal, and the payment of the fee prescribed in division (B) of
this section. The division shall give notice, without unreasonable
delay, of its action on any application for renewal.
(B)(1) The fee for each dealer's license, and for each annual
renewal thereof, shall be two hundred dollars.
(2) The fee for each salesperson's license, and for each
annual renewal thereof, shall be sixty dollars.
(3) The fee for each investment adviser's license, and for
each annual renewal thereof, shall be one hundred dollars.
(4) The fee for each investment adviser notice filing
required by division (B) of section 1707.141 of the Revised Code
shall be one hundred dollars.
(5) The fee for each investment adviser representative's
license, and for each annual renewal thereof, shall be thirty-five
dollars.
(6) The fee for each state retirement system investment
officer's license, and for each annual renewal thereof, shall be
fifty dollars.
(7) The fee for a bureau of workers' compensation chief
investment officer's license, and for each annual renewal thereof,
shall be fifty dollars.
(C) A dealer's, salesperson's, investment adviser's,
investment adviser representative's, bureau of workers'
compensation chief investment officer's, or state retirement
system investment officer's license may be issued at any time for
the remainder of the calendar year. In that event, the annual fee
shall not be reduced.
(D) The division may, by rule or order, waive, in whole or in
part, any of the fee requirements of this section for any person
or class of persons if the imposition or waiver is appropriate in
the public interest and for the protection of securities
investors.
Sec. 1728.07. Every approved project shall be evidenced by a
financial agreement between the municipal corporation and the
community urban redevelopment corporation. Such agreement shall be
prepared by the community urban redevelopment corporation and
submitted as a separate part of its application for project
approval.
The financial agreement shall be in the form of a contract
requiring full performance within twenty years from the date of
completion of the project and shall, as a minimum, include the
following:
(A) That all improvements in the project to be constructed or
acquired by the corporation shall be exempt from taxation, subject
to section 1728.10 of the Revised Code;
(B) That the corporation shall make payments in lieu of real
estate taxes not less than the amount as provided by section
1728.11 of the Revised Code; or if the municipal corporation is an
impacted city, not less than the amount as provided by section
1728.111 of the Revised Code;
(C) That the corporation, its successors and assigns, shall
use, develop, and redevelop the real property of the project in
accordance with, and for the period of, the community development
plan approved by the governing body of the municipal corporation
for the blighted area in which the project is situated and shall
so bind its successors and assigns by appropriate agreements and
covenants running with the land enforceable by the municipal
corporation.
(D) If the municipal corporation is an impacted city, the
extent of the undertakings and activities of the corporation for
the elimination and for the prevention of the development or
spread of blight.
(E) That the corporation or the municipal corporation, or
both, shall provide for carrying out relocation of persons,
families, business concerns, and others displaced by the project,
pursuant to a relocation plan, including the method for the
relocation of residents in decent, safe, and sanitary dwelling
accommodations, and reasonable moving costs, determined to be
feasible by the governing body of the municipal corporation. Where
the relocation plan is carried out by the corporation, its
officers, employees, agents, or lessees, the municipal corporation
shall enforce and supervise the corporation's compliance with the
relocation plan. If the corporation refuses or fails to comply
with the relocation plan and the municipal corporation fails or
refuses to enforce compliance with such plan, the director of
development may request the attorney general to commence a civil
action against the municipality and the corporation to require
compliance with such relocation plan. Prior to requesting action
by the attorney general the director shall give notice of the
proposed action to the municipality and the corporation, provide
an opportunity to such municipality and corporation for
discussions on the matter, and allow a reasonable time in which
the corporation may begin compliance with the relocation plan, or
the municipality may commence enforcement of the relocation plan.
(F) That the corporation shall submit annually, within ninety
days after the close of its fiscal year, its auditor's reports to
the mayor and governing body of the municipal corporation;
(G) That the corporation shall, upon request, permit
inspection of property, equipment, buildings, and other facilities
of the corporation, and also permit examination and audit of its
books, contracts, records, documents, and papers by authorized
representatives of the municipal corporation;
(H) That in the event of any dispute between the parties the
matters in controversy shall be resolved by arbitration in the
manner provided therein;
(I) That operation under the financial agreement is
terminable by the corporation in the manner provided by Chapter
1728. of the Revised Code;
(J) That the corporation shall, at all times prior to the
expiration or other termination of the financial agreement, remain
bound by Chapter 1728. of the Revised Code;
(K) That all wages paid to laborers and mechanics employed
for work on such projects, other than for residential structures
containing seven or less family units, shall be paid at the
prevailing rates of wages of laborers and mechanics for the class
of work called for by the project, which wages shall be determined
in accordance with the requirements of Chapter 4115. of the
Revised Code for determination of prevailing wage rates, provided
that the requirements of this division do not apply where the
federal government or any of its agencies furnishes by law or
grant all or any part of the funds used in connection with such
project and prescribes predetermined minimum wages to be paid to
such laborers and mechanics.
Modifications of the financial agreement may from time to
time be made by agreement between the governing body of the
municipal corporation and the community urban redevelopment
corporation.
Sec. 1751.01. As used in this chapter:
(A)(1) "Basic health care services" means the following
services when medically necessary:
(a) Physician's services, except when such services are
supplemental under division (B) of this section;
(b) Inpatient hospital services;
(c) Outpatient medical services;
(d) Emergency health services;
(e) Urgent care services;
(f) Diagnostic laboratory services and diagnostic and
therapeutic radiologic services;
(g) Diagnostic and treatment services, other than
prescription drug services, for biologically based mental
illnesses;
(h) Preventive health care services, including, but not
limited to, voluntary family planning services, infertility
services, periodic physical examinations, prenatal obstetrical
care, and well-child care;
(i) Routine patient care for patients enrolled in an eligible
cancer clinical trial pursuant to section 3923.80 of the Revised
Code.
"Basic health care services" does not include experimental
procedures.
Except as provided by divisions (A)(2) and (3) of this
section in connection with the offering of coverage for diagnostic
and treatment services for biologically based mental illnesses, a
health insuring corporation shall not offer coverage for a health
care service, defined as a basic health care service by this
division, unless it offers coverage for all listed basic health
care services. However, this requirement does not apply to the
coverage of beneficiaries enrolled in medicare pursuant to a
medicare contract, or to the coverage of beneficiaries enrolled in
the federal employee health benefits program pursuant to 5
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to
the coverage of participants of the children's buy-in program, or
to the coverage of beneficiaries under any federal health care
program regulated by a federal regulatory body, or to the coverage
of beneficiaries under any contract covering officers or employees
of the state that has been entered into by the department of
administrative services.
(2) A health insuring corporation may offer coverage for
diagnostic and treatment services for biologically based mental
illnesses without offering coverage for all other basic health
care services. A health insuring corporation may offer coverage
for diagnostic and treatment services for biologically based
mental illnesses alone or in combination with one or more
supplemental health care services. However, a health insuring
corporation that offers coverage for any other basic health care
service shall offer coverage for diagnostic and treatment services
for biologically based mental illnesses in combination with the
offer of coverage for all other listed basic health care services.
(3) A health insuring corporation that offers coverage for
basic health care services is not required to offer coverage for
diagnostic and treatment services for biologically based mental
illnesses in combination with the offer of coverage for all other
listed basic health care services if all of the following apply:
(a) The health insuring corporation submits documentation
certified by an independent member of the American academy of
actuaries to the superintendent of insurance showing that incurred
claims for diagnostic and treatment services for biologically
based mental illnesses for a period of at least six months
independently caused the health insuring corporation's costs for
claims and administrative expenses for the coverage of basic
health care services to increase by more than one per cent per
year.
(b) The health insuring corporation submits a signed letter
from an independent member of the American academy of actuaries to
the superintendent of insurance opining that the increase in costs
described in division (A)(3)(a) of this section could reasonably
justify an increase of more than one per cent in the annual
premiums or rates charged by the health insuring corporation for
the coverage of basic health care services.
(c) The superintendent of insurance makes the following
determinations from the documentation and opinion submitted
pursuant to divisions (A)(3)(a) and (b) of this section:
(i) Incurred claims for diagnostic and treatment services for
biologically based mental illnesses for a period of at least six
months independently caused the health insuring corporation's
costs for claims and administrative expenses for the coverage of
basic health care services to increase by more than one per cent
per year.
(ii) The increase in costs reasonably justifies an increase
of more than one per cent in the annual premiums or rates charged
by the health insuring corporation for the coverage of basic
health care services.
Any determination made by the superintendent under this
division is subject to Chapter 119. of the Revised Code.
(B)(1) "Supplemental health care services" means any health
care services other than basic health care services that a health
insuring corporation may offer, alone or in combination with
either basic health care services or other supplemental health
care services, and includes:
(a) Services of facilities for intermediate or long-term
care, or both;
(b) Dental care services;
(c) Vision care and optometric services including lenses and
frames;
(d) Podiatric care or foot care services;
(e) Mental health services, excluding diagnostic and
treatment services for biologically based mental illnesses;
(f) Short-term outpatient evaluative and crisis-intervention
mental health services;
(g) Medical or psychological treatment and referral services
for alcohol and drug abuse or addiction;
(h) Home health services;
(i) Prescription drug services;
(k) Services of a dietitian licensed under Chapter 4759. of
the Revised Code;
(l) Physical therapy services;
(m) Chiropractic services;
(n) Any other category of services approved by the
superintendent of insurance.
(2) If a health insuring corporation offers prescription drug
services under this division, the coverage shall include
prescription drug services for the treatment of biologically based
mental illnesses on the same terms and conditions as other
physical diseases and disorders.
(C) "Specialty health care services" means one of the
supplemental health care services listed in division (B) of this
section, when provided by a health insuring corporation on an
outpatient-only basis and not in combination with other
supplemental health care services.
(D) "Biologically based mental illnesses" means
schizophrenia, schizoaffective disorder, major depressive
disorder, bipolar disorder, paranoia and other psychotic
disorders, obsessive-compulsive disorder, and panic disorder, as
these terms are defined in the most recent edition of the
diagnostic and statistical manual of mental disorders published by
the American psychiatric association.
(E) "Children's buy-in program" has the same meaning as in
section 5101.5211 of the Revised Code.
(F) "Closed panel plan" means a health care plan that
requires enrollees to use participating providers.
(G)(F) "Compensation" means remuneration for the provision of
health care services, determined on other than a fee-for-service
or discounted-fee-for-service basis.
(H)(G) "Contractual periodic prepayment" means the formula
for determining the premium rate for all subscribers of a health
insuring corporation.
(I)(H) "Corporation" means a corporation formed under Chapter
1701. or 1702. of the Revised Code or the similar laws of another
state.
(J)(I) "Emergency health services" means those health care
services that must be available on a seven-days-per-week,
twenty-four-hours-per-day basis in order to prevent jeopardy to an
enrollee's health status that would occur if such services were
not received as soon as possible, and includes, where appropriate,
provisions for transportation and indemnity payments or service
agreements for out-of-area coverage.
(K)(J) "Enrollee" means any natural person who is entitled to
receive health care benefits provided by a health insuring
corporation.
(L)(K) "Evidence of coverage" means any certificate,
agreement, policy, or contract issued to a subscriber that sets
out the coverage and other rights to which such person is entitled
under a health care plan.
(M)(L) "Health care facility" means any facility, except a
health care practitioner's office, that provides preventive,
diagnostic, therapeutic, acute convalescent, rehabilitation,
mental health, mental retardation, intermediate care, or skilled
nursing services.
(N)(M) "Health care services" means basic, supplemental, and
specialty health care services.
(O)(N) "Health delivery network" means any group of providers
or health care facilities, or both, or any representative thereof,
that have entered into an agreement to offer health care services
in a panel rather than on an individual basis.
(P)(O) "Health insuring corporation" means a corporation, as
defined in division (I)(H) of this section, that, pursuant to a
policy, contract, certificate, or agreement, pays for, reimburses,
or provides, delivers, arranges for, or otherwise makes available,
basic health care services, supplemental health care services, or
specialty health care services, or a combination of basic health
care services and either supplemental health care services or
specialty health care services, through either an open panel plan
or a closed panel plan.
"Health insuring corporation" does not include a limited
liability company formed pursuant to Chapter 1705. of the Revised
Code, an insurer licensed under Title XXXIX of the Revised Code if
that insurer offers only open panel plans under which all
providers and health care facilities participating receive their
compensation directly from the insurer, a corporation formed by or
on behalf of a political subdivision or a department, office, or
institution of the state, or a public entity formed by or on
behalf of a board of county commissioners, a county board of
developmental disabilities, an alcohol and drug addiction services
board, a board of alcohol, drug addiction, and mental health
services, or a community mental health board, as those terms are
used in Chapters 340. and 5126. of the Revised Code. Except as
provided by division (D) of section 1751.02 of the Revised Code,
or as otherwise provided by law, no board, commission, agency, or
other entity under the control of a political subdivision may
accept insurance risk in providing for health care services.
However, nothing in this division shall be construed as
prohibiting such entities from purchasing the services of a health
insuring corporation or a third-party administrator licensed under
Chapter 3959. of the Revised Code.
(Q)(P) "Intermediary organization" means a health delivery
network or other entity that contracts with licensed health
insuring corporations or self-insured employers, or both, to
provide health care services, and that enters into contractual
arrangements with other entities for the provision of health care
services for the purpose of fulfilling the terms of its contracts
with the health insuring corporations and self-insured employers.
(R)(Q) "Intermediate care" means residential care above the
level of room and board for patients who require personal
assistance and health-related services, but who do not require
skilled nursing care.
(S)(R) "Medicaid" has the same meaning as in section 5111.01
of the Revised Code.
(T)(S) "Medical record" means the personal information that
relates to an individual's physical or mental condition, medical
history, or medical treatment.
(U)(T) "Medicare" means the program established under Title
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.
1395, as amended.
(V)(U)(1) "Open panel plan" means a health care plan that
provides incentives for enrollees to use participating providers
and that also allows enrollees to use providers that are not
participating providers.
(2) No health insuring corporation may offer an open panel
plan, unless the health insuring corporation is also licensed as
an insurer under Title XXXIX of the Revised Code, the health
insuring corporation, on June 4, 1997, holds a certificate of
authority or license to operate under Chapter 1736. or 1740. of
the Revised Code, or an insurer licensed under Title XXXIX of the
Revised Code is responsible for the out-of-network risk as
evidenced by both an evidence of coverage filing under section
1751.11 of the Revised Code and a policy and certificate filing
under section 3923.02 of the Revised Code.
(W)(V) "Panel" means a group of providers or health care
facilities that have joined together to deliver health care
services through a contractual arrangement with a health insuring
corporation, employer group, or other payor.
(X)(W) "Person" has the same meaning as in section 1.59 of
the Revised Code, and, unless the context otherwise requires,
includes any insurance company holding a certificate of authority
under Title XXXIX of the Revised Code, any subsidiary and
affiliate of an insurance company, and any government agency.
(Y)(X) "Premium rate" means any set fee regularly paid by a
subscriber to a health insuring corporation. A "premium rate" does
not include a one-time membership fee, an annual administrative
fee, or a nominal access fee, paid to a managed health care system
under which the recipient of health care services remains solely
responsible for any charges accessed for those services by the
provider or health care facility.
(Z)(Y) "Primary care provider" means a provider that is
designated by a health insuring corporation to supervise,
coordinate, or provide initial care or continuing care to an
enrollee, and that may be required by the health insuring
corporation to initiate a referral for specialty care and to
maintain supervision of the health care services rendered to the
enrollee.
(AA)(Z) "Provider" means any natural person or partnership of
natural persons who are licensed, certified, accredited, or
otherwise authorized in this state to furnish health care
services, or any professional association organized under Chapter
1785. of the Revised Code, provided that nothing in this chapter
or other provisions of law shall be construed to preclude a health
insuring corporation, health care practitioner, or organized
health care group associated with a health insuring corporation
from employing certified nurse practitioners, certified nurse
anesthetists, clinical nurse specialists, certified nurse
midwives, dietitians, physician assistants, dental assistants,
dental hygienists, optometric technicians, or other allied health
personnel who are licensed, certified, accredited, or otherwise
authorized in this state to furnish health care services.
(BB)(AA) "Provider sponsored organization" means a
corporation, as defined in division
(I)(H) of this section, that
is at least eighty per cent owned or controlled by one or more
hospitals, as defined in section 3727.01 of the Revised Code, or
one or more physicians licensed to practice medicine or surgery or
osteopathic medicine and surgery under Chapter 4731. of the
Revised Code, or any combination of such physicians and hospitals.
Such control is presumed to exist if at least eighty per cent of
the voting rights or governance rights of a provider sponsored
organization are directly or indirectly owned, controlled, or
otherwise held by any combination of the physicians and hospitals
described in this division.
(CC)(BB) "Solicitation document" means the written materials
provided to prospective subscribers or enrollees, or both, and
used for advertising and marketing to induce enrollment in the
health care plans of a health insuring corporation.
(DD)(CC) "Subscriber" means a person who is responsible for
making payments to a health insuring corporation for participation
in a health care plan, or an enrollee whose employment or other
status is the basis of eligibility for enrollment in a health
insuring corporation.
(EE)(DD) "Urgent care services" means those health care
services that are appropriately provided for an unforeseen
condition of a kind that usually requires medical attention
without delay but that does not pose a threat to the life, limb,
or permanent health of the injured or ill person, and may include
such health care services provided out of the health insuring
corporation's approved service area pursuant to indemnity payments
or service agreements.
Sec. 1751.04. (A) Except as provided by division (D) of this
section, upon the receipt by the superintendent of insurance of a
complete application for a certificate of authority to establish
or operate a health insuring corporation, which application sets
forth or is accompanied by the information and documents required
by division (A) of section 1751.03 of the Revised Code, the
superintendent shall review the application and accompanying
documents and make findings as to whether the applicant for a
certificate of authority has done all of the following with
respect to any basic health care services and supplemental health
care services to be furnished:
(1) Demonstrated the willingness and potential ability to
ensure that all basic health care services and supplemental health
care services described in the evidence of coverage will be
provided to all its enrollees as promptly as is appropriate and in
a manner that assures continuity;
(2) Made effective arrangements to ensure that its enrollees
have reliable access to qualified providers in those specialties
that are generally available in the geographic area or areas to be
served by the applicant and that are necessary to provide all
basic health care services and supplemental health care services
described in the evidence of coverage;
(3) Made appropriate arrangements for the availability of
short-term health care services in emergencies within the
geographic area or areas to be served by the applicant,
twenty-four hours per day, seven days per week, and for the
provision of adequate coverage whenever an out-of-area emergency
arises;
(4) Made appropriate arrangements for an ongoing evaluation
and assurance of the quality of health care services provided to
enrollees, including, if applicable, the development of a quality
assurance program complying with the requirements of sections
1751.73 to 1751.75 of the Revised Code, and the adequacy of the
personnel, facilities, and equipment by or through which the
services are rendered;
(5) Developed a procedure to gather and report statistics
relating to the cost and effectiveness of its operations, the
pattern of utilization of its services, and the quality,
availability, and accessibility of its services.
(B) Based upon the information provided in the application
for issuance of a certificate of authority, the superintendent
shall determine whether or not the applicant meets the
requirements of division (A) of this section. If the
superintendent determines that the applicant does not meet these
requirements, the superintendent shall specify in what respects it
is deficient. However, the superintendent shall not deny an
application because the requirements of this section are not met
unless the applicant has been given an opportunity for a hearing
on that issue.
(C) If the applicant requests a hearing, the superintendent
shall hold a hearing before denying an application because the
applicant does not meet the requirements of this section. The
hearing shall be held in accordance with Chapter 119. of the
Revised Code.
(D) Nothing in this section requires the superintendent to
review or make findings with regard to an application and
accompanying documents to establish or operate any of the
following:
(1) A health insuring corporation to cover solely medicaid
recipients;
(2) A health insuring corporation to cover solely medicare
beneficiaries;
(3) A health insuring corporation to cover solely medicaid
recipients and medicare beneficiaries;
(4) A health insuring corporation to cover solely
participants of the children's buy-in program;
(5) A health insuring corporation to cover solely medicaid
recipients and participants of the children's buy-in program;
(6) A health insuring corporation to cover solely medicaid
recipients, medicare beneficiaries, and participants of the
children's buy-in program.
Sec. 1751.11. (A) Every subscriber of a health insuring
corporation is entitled to an evidence of coverage for the health
care plan under which health care benefits are provided.
(B) Every subscriber of a health insuring corporation that
offers basic health care services is entitled to an identification
card or similar document that specifies the health insuring
corporation's name as stated in its articles of incorporation, and
any trade or fictitious names used by the health insuring
corporation. The identification card or document shall list at
least one toll-free telephone number that provides the subscriber
with access, to information on a twenty-four-hours-per-day,
seven-days-per-week basis, as to how health care services may be
obtained. The identification card or document shall also list at
least one toll-free number that, during normal business hours,
provides the subscriber with access to information on the coverage
available under the subscriber's health care plan and information
on the health care plan's internal and external review processes.
(C) No evidence of coverage, or amendment to the evidence of
coverage, shall be delivered, issued for delivery, renewed, or
used, until the form of the evidence of coverage or amendment has
been filed by the health insuring corporation with the
superintendent of insurance. If the superintendent does not
disapprove the evidence of coverage or amendment within sixty days
after it is filed it shall be deemed approved, unless the
superintendent sooner gives approval for the evidence of coverage
or amendment. With respect to an amendment to an approved evidence
of coverage, the superintendent only may disapprove provisions
amended or added to the evidence of coverage. If the
superintendent determines within the sixty-day period that any
evidence of coverage or amendment fails to meet the requirements
of this section, the superintendent shall so notify the health
insuring corporation and it shall be unlawful for the health
insuring corporation to use such evidence of coverage or
amendment. At any time, the superintendent, upon at least thirty
days' written notice to a health insuring corporation, may
withdraw an approval, deemed or actual, of any evidence of
coverage or amendment on any of the grounds stated in this
section. Such disapproval shall be effected by a written order,
which shall state the grounds for disapproval and shall be issued
in accordance with Chapter 119. of the Revised Code.
(D) No evidence of coverage or amendment shall be delivered,
issued for delivery, renewed, or used:
(1) If it contains provisions or statements that are
inequitable, untrue, misleading, or deceptive;
(2) Unless it contains a clear, concise, and complete
statement of the following:
(a) The health care services and insurance or other benefits,
if any, to which an enrollee is entitled under the health care
plan;
(b) Any exclusions or limitations on the health care
services, type of health care services, benefits, or type of
benefits to be provided, including copayments and deductibles;
(c) An enrollee's personal financial obligation for
noncovered services;
(d) Where and in what manner general information and
information as to how health care services may be obtained is
available, including a toll-free telephone number;
(e) The premium rate with respect to individual and
conversion contracts, and relevant copayment and deductible
provisions with respect to all contracts. The statement of the
premium rate, however, may be contained in a separate insert.
(f) The method utilized by the health insuring corporation
for resolving enrollee complaints;
(g) The utilization review, internal review, and external
review procedures established under sections 1751.77 to 1751.85 of
the Revised Code.
(3) Unless it provides for the continuation of an enrollee's
coverage, in the event that the enrollee's coverage under the
group policy, contract, certificate, or agreement terminates while
the enrollee is receiving inpatient care in a hospital. This
continuation of coverage shall terminate at the earliest
occurrence of any of the following:
(a) The enrollee's discharge from the hospital;
(b) The determination by the enrollee's attending physician
that inpatient care is no longer medically indicated for the
enrollee; however, nothing in division (D)(3)(b) of this section
precludes a health insuring corporation from engaging in
utilization review as described in the evidence of coverage.
(c) The enrollee's reaching the limit for contractual
benefits;
(d) The effective date of any new coverage.
(4) Unless it contains a provision that states, in substance,
that the health insuring corporation is not a member of any
guaranty fund, and that in the event of the health insuring
corporation's insolvency, an enrollee is protected only to the
extent that the hold harmless provision required by section
1751.13 of the Revised Code applies to the health care services
rendered;
(5) Unless it contains a provision that states, in substance,
that in the event of the insolvency of the health insuring
corporation, an enrollee may be financially responsible for health
care services rendered by a provider or health care facility that
is not under contract to the health insuring corporation, whether
or not the health insuring corporation authorized the use of the
provider or health care facility.
(E) Notwithstanding divisions (C) and (D) of this section, a
health insuring corporation may use an evidence of coverage that
provides for the coverage of beneficiaries enrolled in medicare
pursuant to a medicare contract, or an evidence of coverage that
provides for the coverage of beneficiaries enrolled in the federal
employees health benefits program pursuant to 5 U.S.C.A. 8905, or
an evidence of coverage that provides for the coverage of medicaid
recipients, or an evidence of coverage that provides for coverage
of participants of the children's buy-in program, or an evidence
of coverage that provides for the coverage of beneficiaries under
any other federal health care program regulated by a federal
regulatory body, or an evidence of coverage that provides for the
coverage of beneficiaries under any contract covering officers or
employees of the state that has been entered into by the
department of administrative services, if both of the following
apply:
(1) The evidence of coverage has been approved by the United
States department of health and human services, the United States
office of personnel management, the Ohio department of job and
family services, or the department of administrative services.
(2) The evidence of coverage is filed with the superintendent
of insurance prior to use and is accompanied by documentation of
approval from the United States department of health and human
services, the United States office of personnel management, the
Ohio department of job and family services, or the department of
administrative services.
Sec. 1751.111. (A)(1) This section applies to both of the
following:
(a) A health insuring corporation that issues or requires the
use of a standardized identification card or an electronic
technology for submission and routing of prescription drug claims
pursuant to a policy, contract, or agreement for health care
services;
(b) A person or entity that a health insuring corporation
contracts with to issue a standardized identification card or an
electronic technology described in division (A)(1)(a) of this
section.
(2) Notwithstanding division (A)(1) of this section, this
section does not apply to the issuance or required use of a
standardized identification card or an electronic technology for
submission and routing of prescription drug claims in connection
with any of the following:
(a) Coverage provided under the medicare advantage program
operated pursuant to Part C of Title XVIII of the "Social Security
Act," 49 Stat. 62 (1935), 42 U.S.C. 301, as amended.
(b) Coverage provided under medicaid.
(c) Coverage provided under the children's buy-in program.
(d) Coverage provided under an employer's self-insurance plan
or by any of its administrators, as defined in section 3959.01 of
the Revised Code, to the extent that federal law supersedes,
preempts, prohibits, or otherwise precludes the application of
this section to the plan and its administrators.
(B) A standardized identification card or an electronic
technology issued or required to be used as provided in division
(A)(1) of this section shall contain uniform prescription drug
information in accordance with either division (B)(1) or (2) of
this section.
(1) The standardized identification card or the electronic
technology shall be in a format and contain information fields
approved by the national council for prescription drug programs or
a successor organization, as specified in the council's or
successor organization's pharmacy identification card
implementation guide in effect on the first day of October most
immediately preceding the issuance or required use of the
standardized identification card or the electronic technology.
(2) If the health insuring corporation or the person under
contract with the corporation to issue a standardized
identification card or an electronic technology requires the
information for the submission and routing of a claim, the
standardized identification card or the electronic technology
shall contain any of the following information:
(a) The health insuring corporation's name;
(b) The subscriber's name, group number, and identification
number;
(c) A telephone number to inquire about pharmacy-related
issues;
(d) The issuer's international identification number, labeled
as "ANSI BIN" or "RxBIN";
(e) The processor's control number, labeled as "RxPCN";
(f) The subscriber's pharmacy benefits group number if
different from the subscriber's medical group number, labeled as
"RxGrp."
(C) If the standardized identification card or the electronic
technology issued or required to be used as provided in division
(A)(1) of this section is also used for submission and routing of
nonpharmacy claims, the designation "Rx" is required to be
included as part of the labels identified in divisions (B)(2)(d)
and (e) of this section if the issuer's international
identification number or the processor's control number is
different for medical and pharmacy claims.
(D) Each health insuring corporation described in division
(A) of this section shall annually file a certificate with the
superintendent of insurance certifying that it or any person it
contracts with to issue a standardized identification card or
electronic technology for submission and routing of prescription
drug claims complies with this section.
(E)(1) Except as provided in division (E)(2) of this section,
if there is a change in the information contained in the
standardized identification card or the electronic technology
issued to a subscriber, the health insuring corporation or person
under contract with the corporation to issue a standardized
identification card or an electronic technology shall issue a new
card or electronic technology to the subscriber.
(2) A health insuring corporation or person under contract
with the corporation is not required under division (E)(1) of this
section to issue a new card or electronic technology to a
subscriber more than once during a twelve-month period.
(F) Nothing in this section shall be construed as requiring a
health insuring corporation to produce more than one standardized
identification card or one electronic technology for use by
subscribers accessing health care benefits provided under a
policy, contract, or agreement for health care services.
Sec. 1751.12. (A)(1) No contractual periodic prepayment and
no premium rate for nongroup and conversion policies for health
care services, or any amendment to them, may be used by any health
insuring corporation at any time until the contractual periodic
prepayment and premium rate, or amendment, have been filed with
the superintendent of insurance, and shall not be effective until
the expiration of sixty days after their filing unless the
superintendent sooner gives approval. The filing shall be
accompanied by an actuarial certification in the form prescribed
by the superintendent. The superintendent shall disapprove the
filing, if the superintendent determines within the sixty-day
period that the contractual periodic prepayment or premium rate,
or amendment, is not in accordance with sound actuarial principles
or is not reasonably related to the applicable coverage and
characteristics of the applicable class of enrollees. The
superintendent shall notify the health insuring corporation of the
disapproval, and it shall thereafter be unlawful for the health
insuring corporation to use the contractual periodic prepayment or
premium rate, or amendment.
(2) No contractual periodic prepayment for group policies for
health care services shall be used until the contractual periodic
prepayment has been filed with the superintendent. The filing
shall be accompanied by an actuarial certification in the form
prescribed by the superintendent. The superintendent may reject a
filing made under division (A)(2) of this section at any time,
with at least thirty days' written notice to a health insuring
corporation, if the contractual periodic prepayment is not in
accordance with sound actuarial principles or is not reasonably
related to the applicable coverage and characteristics of the
applicable class of enrollees.
(3) At any time, the superintendent, upon at least thirty
days' written notice to a health insuring corporation, may
withdraw the approval given under division (A)(1) of this section,
deemed or actual, of any contractual periodic prepayment or
premium rate, or amendment, based on information that either of
the following applies:
(a) The contractual periodic prepayment or premium rate, or
amendment, is not in accordance with sound actuarial principles.
(b) The contractual periodic prepayment or premium rate, or
amendment, is not reasonably related to the applicable coverage
and characteristics of the applicable class of enrollees.
(4) Any disapproval under division (A)(1) of this section,
any rejection of a filing made under division (A)(2) of this
section, or any withdrawal of approval under division (A)(3) of
this section, shall be effected by a written notice, which shall
state the specific basis for the disapproval, rejection, or
withdrawal and shall be issued in accordance with Chapter 119. of
the Revised Code.
(B) Notwithstanding division (A) of this section, a health
insuring corporation may use a contractual periodic prepayment or
premium rate for policies used for the coverage of beneficiaries
enrolled in medicare pursuant to a medicare risk contract or
medicare cost contract, or for policies used for the coverage of
beneficiaries enrolled in the federal employees health benefits
program pursuant to 5 U.S.C.A. 8905, or for policies used for the
coverage of medicaid recipients, or for policies used for coverage
of participants of the children's buy-in program, or for policies
used for the coverage of beneficiaries under any other federal
health care program regulated by a federal regulatory body, or for
policies used for the coverage of beneficiaries under any contract
covering officers or employees of the state that has been entered
into by the department of administrative services, if both of the
following apply:
(1) The contractual periodic prepayment or premium rate has
been approved by the United States department of health and human
services, the United States office of personnel management, the
department of job and family services, or the department of
administrative services.
(2) The contractual periodic prepayment or premium rate is
filed with the superintendent prior to use and is accompanied by
documentation of approval from the United States department of
health and human services, the United States office of personnel
management, the department of job and family services, or the
department of administrative services.
(C) The administrative expense portion of all contractual
periodic prepayment or premium rate filings submitted to the
superintendent for review must reflect the actual cost of
administering the product. The superintendent may require that the
administrative expense portion of the filings be itemized and
supported.
(D)(1) Copayments must be reasonable and must not be a
barrier to the necessary utilization of services by enrollees.
(2) A health insuring corporation, in order to ensure that
copayments are reasonable and not a barrier to the necessary
utilization of basic health care services by enrollees, may do one
of the following:
(a) Impose copayment charges on any single covered basic
health care service that does not exceed forty per cent of the
average cost to the health insuring corporation of providing the
service;
(b) Impose copayment charges that annually do not exceed
twenty per cent of the total annual cost to the health insuring
corporation of providing all covered basic health care services,
including physician office visits, urgent care services, and
emergency health services, when aggregated as to all persons
covered under the filed product in question. In addition, annual
copayment charges as to each enrollee shall not exceed twenty per
cent of the total annual cost to the health insuring corporation
of providing all covered basic health care services, including
physician office visits, urgent care services, and emergency
health services, as to such enrollee. The total annual cost of
providing a health care service is the cost to the health insuring
corporation of providing the health care service to its enrollees
as reduced by any applicable provider discount.
(3) To ensure that copayments are reasonable and not a
barrier to the utilization of basic health care services, a health
insuring corporation may not impose, in any contract year, on any
subscriber or enrollee, copayments that exceed two hundred per
cent of the average annual premium rate to subscribers or
enrollees.
(4) For purposes of division (D) of this section, both of the
following apply:
(a) Copayments imposed by health insuring corporations in
connection with a high deductible health plan that is linked to a
health savings account are reasonable and are not a barrier to the
necessary utilization of services by enrollees.
(b) Divisions (D)(2) and (3) of this section do not apply to
a high deductible health plan that is linked to a health savings
account.
(E) A health insuring corporation shall not impose lifetime
maximums on basic health care services. However, a health insuring
corporation may establish a benefit limit for inpatient hospital
services that are provided pursuant to a policy, contract,
certificate, or agreement for supplemental health care services.
(F) A health insuring corporation may require that an
enrollee pay an annual deductible that does not exceed one
thousand dollars per enrollee or two thousand dollars per family,
except that:
(1) A health insuring corporation may impose higher
deductibles for high deductible health plans that are linked to
health savings accounts;
(2) The superintendent may adopt rules allowing different
annual deductible amounts for plans with a medical savings
account, health reimbursement arrangement, flexible spending
account, or similar account;
(3) A health insuring corporation may impose higher
deductibles under health plans if requested by the group contract,
policy, certificate, or agreement holder, or an individual seeking
coverage under an individual health plan. This shall not be
construed as requiring the health insuring corporation to create
customized health plans for group contract holders or individuals.
(G) As used in this section, "health savings account" and
"high deductible health plan" have the same meanings as in the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as
amended.
Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,
either directly or indirectly, enter into contracts for the
provision of health care services with a sufficient number and
types of providers and health care facilities to ensure that all
covered health care services will be accessible to enrollees from
a contracted provider or health care facility.
(b) A health insuring corporation shall not refuse to
contract with a physician for the provision of health care
services or refuse to recognize a physician as a specialist on the
basis that the physician attended an educational program or a
residency program approved or certified by the American
osteopathic association. A health insuring corporation shall not
refuse to contract with a health care facility for the provision
of health care services on the basis that the health care facility
is certified or accredited by the American osteopathic association
or that the health care facility is an osteopathic hospital as
defined in section 3702.51 of the Revised Code.
(c) Nothing in division (A)(1)(b) of this section shall be
construed to require a health insuring corporation to make a
benefit payment under a closed panel plan to a physician or health
care facility with which the health insuring corporation does not
have a contract, provided that none of the bases set forth in that
division are used as a reason for failing to make a benefit
payment.
(2) When a health insuring corporation is unable to provide a
covered health care service from a contracted provider or health
care facility, the health insuring corporation must provide that
health care service from a noncontracted provider or health care
facility consistent with the terms of the enrollee's policy,
contract, certificate, or agreement. The health insuring
corporation shall either ensure that the health care service be
provided at no greater cost to the enrollee than if the enrollee
had obtained the health care service from a contracted provider or
health care facility, or make other arrangements acceptable to the
superintendent of insurance.
(3) Nothing in this section shall prohibit a health insuring
corporation from entering into contracts with out-of-state
providers or health care facilities that are licensed, certified,
accredited, or otherwise authorized in that state.
(B)(1) A health insuring corporation shall, either directly
or indirectly, enter into contracts with all providers and health
care facilities through which health care services are provided to
its enrollees.
(2) A health insuring corporation, upon written request,
shall assist its contracted providers in finding stop-loss or
reinsurance carriers.
(C) A health insuring corporation shall file an annual
certificate with the superintendent certifying that all provider
contracts and contracts with health care facilities through which
health care services are being provided contain the following:
(1) A description of the method by which the provider or
health care facility will be notified of the specific health care
services for which the provider or health care facility will be
responsible, including any limitations or conditions on such
services;
(2) The specific hold harmless provision specifying
protection of enrollees set forth as follows:
"[Provider/Health Care Facility] agrees that in no event,
including but not limited to nonpayment by the health insuring
corporation, insolvency of the health insuring corporation, or
breach of this agreement, shall [Provider/Health Care Facility]
bill, charge, collect a deposit from, seek remuneration or
reimbursement from, or have any recourse against, a subscriber,
enrollee, person to whom health care services have been provided,
or person acting on behalf of the covered enrollee, for health
care services provided pursuant to this agreement. This does not
prohibit [Provider/Health Care Facility] from collecting
co-insurance, deductibles, or copayments as specifically provided
in the evidence of coverage, or fees for uncovered health care
services delivered on a fee-for-service basis to persons
referenced above, nor from any recourse against the health
insuring corporation or its successor."
(3) Provisions requiring the provider or health care facility
to continue to provide covered health care services to enrollees
in the event of the health insuring corporation's insolvency or
discontinuance of operations. The provisions shall require the
provider or health care facility to continue to provide covered
health care services to enrollees as needed to complete any
medically necessary procedures commenced but unfinished at the
time of the health insuring corporation's insolvency or
discontinuance of operations. The completion of a medically
necessary procedure shall include the rendering of all covered
health care services that constitute medically necessary follow-up
care for that procedure. If an enrollee is receiving necessary
inpatient care at a hospital, the provisions may limit the
required provision of covered health care services relating to
that inpatient care in accordance with division (D)(3) of section
1751.11 of the Revised Code, and may also limit such required
provision of covered health care services to the period ending
thirty days after the health insuring corporation's insolvency or
discontinuance of operations.
The provisions required by division (C)(3) of this section
shall not require any provider or health care facility to continue
to provide any covered health care service after the occurrence of
any of the following:
(a) The end of the thirty-day period following the entry of a
liquidation order under Chapter 3903. of the Revised Code;
(b) The end of the enrollee's period of coverage for a
contractual prepayment or premium;
(c) The enrollee obtains equivalent coverage with another
health insuring corporation or insurer, or the enrollee's employer
obtains such coverage for the enrollee;
(d) The enrollee or the enrollee's employer terminates
coverage under the contract;
(e) A liquidator effects a transfer of the health insuring
corporation's obligations under the contract under division (A)(8)
of section 3903.21 of the Revised Code.
(4) A provision clearly stating the rights and
responsibilities of the health insuring corporation, and of the
contracted providers and health care facilities, with respect to
administrative policies and programs, including, but not limited
to, payments systems, utilization review, quality assurance,
assessment, and improvement programs, credentialing,
confidentiality requirements, and any applicable federal or state
programs;
(5) A provision regarding the availability and
confidentiality of those health records maintained by providers
and health care facilities to monitor and evaluate the quality of
care, to conduct evaluations and audits, and to determine on a
concurrent or retrospective basis the necessity of and
appropriateness of health care services provided to enrollees. The
provision shall include terms requiring the provider or health
care facility to make these health records available to
appropriate state and federal authorities involved in assessing
the quality of care or in investigating the grievances or
complaints of enrollees, and requiring the provider or health care
facility to comply with applicable state and federal laws related
to the confidentiality of medical or health records.
(6) A provision that states that contractual rights and
responsibilities may not be assigned or delegated by the provider
or health care facility without the prior written consent of the
health insuring corporation;
(7) A provision requiring the provider or health care
facility to maintain adequate professional liability and
malpractice insurance. The provision shall also require the
provider or health care facility to notify the health insuring
corporation not more than ten days after the provider's or health
care facility's receipt of notice of any reduction or cancellation
of such coverage.
(8) A provision requiring the provider or health care
facility to observe, protect, and promote the rights of enrollees
as patients;
(9) A provision requiring the provider or health care
facility to provide health care services without discrimination on
the basis of a patient's participation in the health care plan,
age, sex, ethnicity, religion, sexual preference, health status,
or disability, and without regard to the source of payments made
for health care services rendered to a patient. This requirement
shall not apply to circumstances when the provider or health care
facility appropriately does not render services due to limitations
arising from the provider's or health care facility's lack of
training, experience, or skill, or due to licensing restrictions.
(10) A provision containing the specifics of any obligation
on the primary care provider to provide, or to arrange for the
provision of, covered health care services twenty-four hours per
day, seven days per week;
(11) A provision setting forth procedures for the resolution
of disputes arising out of the contract;
(12) A provision stating that the hold harmless provision
required by division (C)(2) of this section shall survive the
termination of the contract with respect to services covered and
provided under the contract during the time the contract was in
effect, regardless of the reason for the termination, including
the insolvency of the health insuring corporation;
(13) A provision requiring those terms that are used in the
contract and that are defined by this chapter, be used in the
contract in a manner consistent with those definitions.
This division does not apply to the coverage of beneficiaries
enrolled in medicare pursuant to a medicare risk contract or
medicare cost contract, or to the coverage of beneficiaries
enrolled in the federal employee health benefits program pursuant
to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients, or
to the coverage of beneficiaries under any federal health care
program regulated by a federal regulatory body, or to the coverage
of participants of the children's buy-in program, or to the
coverage of beneficiaries under any contract covering officers or
employees of the state that has been entered into by the
department of administrative services.
(D)(1) No health insuring corporation contract with a
provider or health care facility shall contain any of the
following:
(a) A provision that directly or indirectly offers an
inducement to the provider or health care facility to reduce or
limit medically necessary health care services to a covered
enrollee;
(b) A provision that penalizes a provider or health care
facility that assists an enrollee to seek a reconsideration of the
health insuring corporation's decision to deny or limit benefits
to the enrollee;
(c) A provision that limits or otherwise restricts the
provider's or health care facility's ethical and legal
responsibility to fully advise enrollees about their medical
condition and about medically appropriate treatment options;
(d) A provision that penalizes a provider or health care
facility for principally advocating for medically necessary health
care services;
(e) A provision that penalizes a provider or health care
facility for providing information or testimony to a legislative
or regulatory body or agency. This shall not be construed to
prohibit a health insuring corporation from penalizing a provider
or health care facility that provides information or testimony
that is libelous or slanderous or that discloses trade secrets
which the provider or health care facility has no privilege or
permission to disclose.
(f) A provision that violates Chapter 3963. of the Revised
Code.
(2) Nothing in this division shall be construed to prohibit a
health insuring corporation from doing either of the following:
(a) Making a determination not to reimburse or pay for a
particular medical treatment or other health care service;
(b) Enforcing reasonable peer review or utilization review
protocols, or determining whether a particular provider or health
care facility has complied with these protocols.
(E) Any contract between a health insuring corporation and an
intermediary organization shall clearly specify that the health
insuring corporation must approve or disapprove the participation
of any provider or health care facility with which the
intermediary organization contracts.
(F) If an intermediary organization that is not a health
delivery network contracting solely with self-insured employers
subcontracts with a provider or health care facility, the
subcontract with the provider or health care facility shall do all
of the following:
(1) Contain the provisions required by divisions (C) and (G)
of this section, as made applicable to an intermediary
organization, without the inclusion of inducements or penalties
described in division (D) of this section;
(2) Acknowledge that the health insuring corporation is a
third-party beneficiary to the agreement;
(3) Acknowledge the health insuring corporation's role in
approving the participation of the provider or health care
facility, pursuant to division (E) of this section.
(G) Any provider contract or contract with a health care
facility shall clearly specify the health insuring corporation's
statutory responsibility to monitor and oversee the offering of
covered health care services to its enrollees.
(H)(1) A health insuring corporation shall maintain its
provider contracts and its contracts with health care facilities
at one or more of its places of business in this state, and shall
provide copies of these contracts to facilitate regulatory review
upon written notice by the superintendent of insurance.
(2) Any contract with an intermediary organization that
accepts compensation shall include provisions requiring the
intermediary organization to provide the superintendent with
regulatory access to all books, records, financial information,
and documents related to the provision of health care services to
subscribers and enrollees under the contract. The contract shall
require the intermediary organization to maintain such books,
records, financial information, and documents at its principal
place of business in this state and to preserve them for at least
three years in a manner that facilitates regulatory review.
(I)(1) A health insuring corporation shall notify its
affected enrollees of the termination of a contract for the
provision of health care services between the health insuring
corporation and a primary care physician or hospital, by mail,
within thirty days after the termination of the contract.
(a) Notice shall be given to subscribers of the termination
of a contract with a primary care physician if the subscriber, or
a dependent covered under the subscriber's health care coverage,
has received health care services from the primary care physician
within the previous twelve months or if the subscriber or
dependent has selected the physician as the subscriber's or
dependent's primary care physician within the previous twelve
months.
(b) Notice shall be given to subscribers of the termination
of a contract with a hospital if the subscriber, or a dependent
covered under the subscriber's health care coverage, has received
health care services from that hospital within the previous twelve
months.
(2) The health insuring corporation shall pay, in accordance
with the terms of the contract, for all covered health care
services rendered to an enrollee by a primary care physician or
hospital between the date of the termination of the contract and
five days after the notification of the contract termination is
mailed to a subscriber at the subscriber's last known address.
(J) Divisions (A) and (B) of this section do not apply to any
health insuring corporation that, on June 4, 1997, holds a
certificate of authority or license to operate under Chapter 1740.
of the Revised Code.
(K) Nothing in this section shall restrict the governing body
of a hospital from exercising the authority granted it pursuant to
section 3701.351 of the Revised Code.
Sec. 1751.15. (A) Each health insuring corporation shall
accept individuals for open enrollment coverage as provided in
sections 3923.58 and 3923.581 of the Revised Code. A health
insuring corporation may reinsure coverage of any individual
acquired under those sections with the open enrollment reinsurance
program in accordance with division (G) of section 3924.11 of the
Revised Code. Fixed periodic prepayment rates charged for coverage
reinsured by the program shall be established in accordance with
section 3924.12 of the Revised Code.
(B) This section does not apply to any of the following:
(1) Any health insuring corporation that offers only
supplemental health care services or specialty health care
services;
(2) Any health insuring corporation that offers plans only
through medicare, or medicaid, or the children's buy-in program
and that has no other commercial enrollment;
(3) Any health insuring corporation that offers plans only
through other federal health care programs regulated by federal
regulatory bodies and that has no other commercial enrollment;
(4) Any health insuring corporation that offers plans only
through contracts covering officers or employees of the state that
have been entered into by the department of administrative
services and that has no other commercial enrollment.
Sec. 1751.17. (A) As used in this section, "nongroup
contract" means a contract issued by a health insuring corporation
to an individual who makes direct application for coverage under
the contract and who, if required by the health insuring
corporation, submits to medical underwriting. "Nongroup contract"
does not include group conversion coverage, coverage obtained
through open enrollment, or coverage issued on the basis of
membership in a group.
(B) Except as provided in division (C) of this section, every
nongroup contract that is issued by a health insuring corporation
and that makes available basic health care services shall provide
an option for conversion to a contract issued on a direct-payment
basis to an enrollee covered by the nongroup contract. The option
for conversion shall be available:
(1) Upon the death of the subscriber, to the surviving spouse
with respect to the spouse or dependents who were then covered by
the nongroup contract;
(2) Upon the divorce, dissolution, or annulment of the
marriage of the subscriber, to the divorced spouse, or, in the
event of annulment, to the former spouse of the subscriber;
(3) To a child solely with respect to the child, upon the
child's attaining the limiting age of coverage under the nongroup
contract while covered as a dependent under the contract.
(C) The direct payment contract offered pursuant to division
(B) of this section shall not be made available to an enrollee if
any of the following applies:
(1) The enrollee is, or is eligible to be, covered for
benefits at least comparable to the nongroup contract under any of
the following:
(b) The children's buy-in program;
(d)(c) Any act of congress or law under this or any other
state of the United States providing coverage at least comparable
to the benefits offered under division (C)(1)(a), or (b), or (c)
of this section.
(2) The nongroup contract under which the enrollee was
covered was terminated due to nonpayment of a premium rate.
(3) The enrollee is eligible for group coverage provided by,
or available through, an employer or association and the group
coverage provides benefits comparable to the benefits provided
under a direct payment contract.
(D) The direct payment contract offered pursuant to division
(B) of this section shall provide benefits that are at least
comparable to the benefits provided by the nongroup contract under
which the enrollee was covered at the time of the occurrence of
any of the events set forth in division (B) of this section. The
coverage provided under the direct payment contract shall be
continuous, provided that the enrollee makes the required premium
rate payment within the thirty-day period immediately following
the occurrence of the event, and may be terminated for nonpayment
of any required premium rate payment.
(E) The evidence of coverage of every nongroup contract shall
contain notice that an option for conversion to a contract issued
on a direct-payment basis is available, in accordance with this
section, to any enrollee covered by the contract.
(F) Benefits otherwise payable to an enrollee under a direct
payment contract shall be reduced by the amount of any benefits
available to the enrollee under any applicable group health
insuring corporation contract or group sickness and accident
insurance policy.
(G) Nothing in this section shall be construed as requiring a
health insuring corporation to offer nongroup contracts.
(H) This section does not apply to any nongroup contract
offering only supplemental health care services or specialty
health care services.
Sec. 1751.20. (A) No health insuring corporation, or agent,
employee, or representative of a health insuring corporation,
shall use any advertisement or solicitation document, or shall
engage in any activity, that is unfair, untrue, misleading, or
deceptive.
(B) No health insuring corporation shall use a name that is
deceptively similar to the name or description of any insurance or
surety corporation doing business in this state.
(C) All solicitation documents, advertisements, evidences of
coverage, and enrollee identification cards used by a health
insuring corporation shall contain the health insuring
corporation's name. The use of a trade name, an insurance group
designation, the name of a parent company, the name of a division
of an affiliated insurance company, a service mark, a slogan, a
symbol, or other device, without the name of the health insuring
corporation as stated in its articles of incorporation, shall not
satisfy this requirement if the usage would have the capacity and
tendency to mislead or deceive persons as to the true identity of
the health insuring corporation.
(D) No solicitation document or advertisement used by a
health insuring corporation shall contain any words, symbols, or
physical materials that are so similar in content, phraseology,
shape, color, or other characteristic to those used by an agency
of the federal government or this state, that prospective
enrollees may be led to believe that the solicitation document or
advertisement is connected with an agency of the federal
government or this state.
(E) A health insuring corporation that provides basic health
care services may use the phrase "health maintenance organization"
or the abbreviation "HMO" in its marketing name, advertising,
solicitation documents, or marketing literature, or in reference
to the phrase "doing business as" or the abbreviation "DBA."
(F) This section does not apply to the coverage of
beneficiaries enrolled in medicare pursuant to a medicare risk
contract or medicare cost contract, or to the coverage of
beneficiaries enrolled in the federal employee health benefits
program pursuant to 5 U.S.C.A. 8905, or to the coverage of
medicaid recipients, or to the coverage of participants of the
children's buy-in program, or to the coverage of beneficiaries
under any federal health care program regulated by a federal
regulatory body, or to the coverage of beneficiaries under any
contract covering officers or employees of the state that has been
entered into by the department of administrative services.
Sec. 1751.31. (A) Any changes in a health insuring
corporation's solicitation document shall be filed with the
superintendent of insurance. The superintendent, within sixty days
of filing, may disapprove any solicitation document or amendment
to it on any of the grounds stated in this section. Such
disapproval shall be effected by written notice to the health
insuring corporation. The notice shall state the grounds for
disapproval and shall be issued in accordance with Chapter 119. of
the Revised Code.
(B) The solicitation document shall contain all information
necessary to enable a consumer to make an informed choice as to
whether or not to enroll in the health insuring corporation. The
information shall include a specific description of the health
care services to be available and the approximate number and type
of full-time equivalent medical practitioners. The information
shall be presented in the solicitation document in a manner that
is clear, concise, and intelligible to prospective applicants in
the proposed service area.
(C) Every potential applicant whose subscription to a health
care plan is solicited shall receive, at or before the time of
solicitation, a solicitation document approved by the
superintendent.
(D) Notwithstanding division (A) of this section, a health
insuring corporation may use a solicitation document that the
corporation uses in connection with policies for medicare
beneficiaries pursuant to a medicare risk contract or medicare
cost contract, or for policies for beneficiaries of the federal
employees health benefits program pursuant to 5 U.S.C.A. 8905, or
for policies for medicaid recipients, or for policies for
beneficiaries of any other federal health care program regulated
by a federal regulatory body, or for policies for participants of
the children's buy-in program, or for policies for beneficiaries
of contracts covering officers or employees of the state entered
into by the department of administrative services, if both of the
following apply:
(1) The solicitation document has been approved by the United
States department of health and human services, the United States
office of personnel management, the department of job and family
services, or the department of administrative services.
(2) The solicitation document is filed with the
superintendent of insurance prior to use and is accompanied by
documentation of approval from the United States department of
health and human services, the United States office of personnel
management, the department of job and family services, or the
department of administrative services.
(E) No health insuring corporation, or its agents or
representatives, shall use monetary or other valuable
consideration, engage in misleading or deceptive practices, or
make untrue, misleading, or deceptive representations to induce
enrollment. Nothing in this division shall prohibit incentive
forms of remuneration such as commission sales programs for the
health insuring corporation's employees and agents.
(F) Any person obligated for any part of a premium rate in
connection with an enrollment agreement, in addition to any right
otherwise available to revoke an offer, may cancel such agreement
within seventy-two hours after having signed the agreement or
offer to enroll. Cancellation occurs when written notice of the
cancellation is given to the health insuring corporation or its
agents or other representatives. A notice of cancellation mailed
to the health insuring corporation shall be considered to have
been filed on its postmark date.
(G) Nothing in this section shall prohibit healthy lifestyle
programs.
Sec. 1751.34. (A) Each health insuring corporation and each
applicant for a certificate of authority under this chapter shall
be subject to examination by the superintendent of insurance in
accordance with section 3901.07 of the Revised Code. Section
3901.07 of the Revised Code shall govern every aspect of the
examination, including the circumstances under and frequency with
which it is conducted, the authority of the superintendent and any
examiner or other person appointed by the superintendent, the
liability for the assessment of expenses incurred in conducting
the examination, and the remittance of the assessment to the
superintendent's examination fund.
(B) The superintendent shall make an examination concerning
the matters subject to the superintendent's consideration in
section 1751.04 of the Revised Code as often as the superintendent
considers it necessary for the protection of the interests of the
people of this state. The expenses of such examinations shall be
assessed against the health insuring corporation being examined in
the manner in which expenses of examinations are assessed against
an insurance company under section 3901.07 of the Revised Code.
Nothing in this division requires the superintendent to make an
examination of any of the following:
(1) A health insuring corporation that covers solely medicaid
recipients;
(2) A health insuring corporation that covers solely medicare
beneficiaries;
(3) A health insuring corporation that covers solely medicaid
recipients and medicare beneficiaries;
(4) A health insuring corporation that covers solely
participants of the children's buy-in program;
(5) A health insuring corporation that covers solely medicaid
recipients and participants of the children's buy-in program;
(6) A health insuring corporation that covers solely medicaid
recipients, medicare beneficiaries, and participants of the
children's buy-in program.
(C) An examination, pursuant to section 3901.07 of the
Revised Code, of an insurance company holding a certificate of
authority under this chapter to organize and operate a health
insuring corporation shall include an examination of the health
insuring corporation pursuant to this section and the examination
shall satisfy the requirements of divisions (A) and (B) of this
section.
(D) The superintendent may conduct market conduct
examinations pursuant to section 3901.011 of the Revised Code of
any health insuring corporation as often as the superintendent
considers it necessary for the protection of the interests of
subscribers and enrollees. The expenses of such market conduct
examinations shall be assessed against the health insuring
corporation being examined. All costs, assessments, or fines
collected under this division shall be paid into the state
treasury to the credit of the department of insurance operating
fund.
Sec. 1751.60. (A) Except as provided for in divisions (E)
and (F) of this section, every provider or health care facility
that contracts with a health insuring corporation to provide
health care services to the health insuring corporation's
enrollees or subscribers shall seek compensation for covered
services solely from the health insuring corporation and not,
under any circumstances, from the enrollees or subscribers, except
for approved copayments and deductibles.
(B) No subscriber or enrollee of a health insuring
corporation is liable to any contracting provider or health care
facility for the cost of any covered health care services, if the
subscriber or enrollee has acted in accordance with the evidence
of coverage.
(C) Except as provided for in divisions (E) and (F) of this
section, every contract between a health insuring corporation and
provider or health care facility shall contain a provision
approved by the superintendent of insurance requiring the provider
or health care facility to seek compensation solely from the
health insuring corporation and not, under any circumstances, from
the subscriber or enrollee, except for approved copayments and
deductibles.
(D) Nothing in this section shall be construed as preventing
a provider or health care facility from billing the enrollee or
subscriber of a health insuring corporation for noncovered
services.
(E) Upon application by a health insuring corporation and a
provider or health care facility, the superintendent may waive the
requirements of divisions (A) and (C) of this section when, in
addition to the reserve requirements contained in section 1751.28
of the Revised Code, the health insuring corporation provides
sufficient assurances to the superintendent that the provider or
health care facility has been provided with financial guarantees.
No waiver of the requirements of divisions (A) and (C) of this
section is effective as to enrollees or subscribers for whom the
health insuring corporation is compensated under a provider
agreement or risk contract entered into pursuant to Chapter 5111.
or 5115. of the Revised Code or under the children's buy-in
program.
(F) The requirements of divisions (A) to (C) of this section
apply only to health care services provided to an enrollee or
subscriber prior to the effective date of a termination of a
contract between the health insuring corporation and the provider
or health care facility.
Sec. 1761.04. (A) The licensing and operation of a credit
union share guaranty corporation is subject to the regulation of
the superintendent of insurance pursuant to Chapters 3901., 3903.,
3905., 3925., 3927., 3929., 3937., 3941., and 3999. of the Revised
Code to the extent such laws are otherwise applicable and are not
in conflict with this chapter.
(B) A credit union share guaranty corporation shall pay, by
the fifteenth day of April of each year, to the superintendent of
credit unions, an annual fee of one-half of one per cent of its
guarantee fund as shown by the corporation's last annual financial
report, but in no event shall such payment exceed five fifty
thousand dollars in any calendar year.
(C) In addition to the specific powers and duties given the
superintendent of insurance and the superintendent of credit
unions under this chapter, the superintendents may independently,
pursuant to Chapter 119. of the Revised Code, adopt, amend, and
rescind such rules as are necessary to implement the requirements
of this chapter.
Sec. 1776.83. (A) A limited liability partnership and a
foreign limited liability partnership authorized to transact
business in this state shall file a biennial report in the office
of the secretary of state. The report shall contain all of the
following:
(1) The name of the limited liability partnership and the
state or other jurisdiction under whose laws the foreign limited
liability partnership is formed;
(2) The street address of the partnership's chief executive
office and, if the partnership's chief executive office is not in
this state, the street address of any office of the partnership in
this state;
(3) If the partnership does not have an office in this state,
the name and street address of the partnership's current agent for
service of process.
(B) A partnership shall file a biennial report between the
first day of April and the first day of July of each odd-numbered
year that follows the calendar year in which the partnership files
a statement of qualification or a foreign partnership becomes
authorized to transact business in this state.
(C) The secretary of state may revoke the statement of
qualification of any partnership that fails to file a biennial
report when due or pay the required filing fee. To revoke a
statement, the secretary of state shall provide the partnership at
least sixty days' written notice of the intent to revoke, mailed
to the partnership at its chief executive office set forth in the
last filed statement of qualification or biennial report or sent
by electronic mail to the last electronic mail address provided to
the secretary of state. The notice shall specify the report that
the partnership failed to file, the unpaid fee, and the effective
date of the revocation. The revocation is not effective if the
partnership files the report and pays the fee before the effective
date of the revocation.
(D) A revocation under division (C) of this section affects
only a partnership's status as a limited liability partnership and
is not an event of dissolution of the partnership.
(E) A partnership whose statement of qualification is revoked
may apply to the secretary of state for reinstatement within two
years after the effective date of the revocation. The application
for reinstatement shall state the name of the partnership, the
effective date of the revocation, and that the ground for
revocation either did not exist or has been corrected.
(F) A reinstatement under division (E) of this section
relates back to and takes effect as of the effective date of the
revocation, and the partnership's status as a limited liability
partnership continues as if the revocation had never occurred.
Sec. 1785.06. A professional association, within thirty days
after the thirtieth day of June in each even-numbered year, shall
furnish a statement to the secretary of state showing the names
and post-office addresses of all of the shareholders in the
association and certifying that all of the shareholders are duly
licensed, certificated, or otherwise legally authorized to render
within this state the same professional service for which the
association was organized or, in the case of a combination of
professional services described in division (B) of section 1785.01
of the Revised Code, to render within this state any of the
applicable types of professional services for which the
association was organized. This statement shall be made on a form
that the secretary of state shall prescribe, shall be signed by an
officer of the association, and shall be filed in the office of
the secretary of state.
If any professional association fails to file the biennial
statement within the time required by this section, the secretary
of state shall give notice of the failure by certified ordinary or
electronic mail, return receipt requested, to the last known
physical or electronic address of the association or its agent. If
the biennial statement is not filed within thirty days after the
mailing of the notice, the secretary of state, upon the expiration
of that period, shall cancel the association's articles of
incorporation, give notice of the cancellation to the association
by ordinary or electronic mail sent to the last known physical or
electronic address of the association or its agent, and make a
notation of the cancellation on the records of the secretary of
state.
A professional association whose articles have been canceled
pursuant to this section may be reinstated by filing an
application for reinstatement and the required biennial statement
or statements and by paying the reinstatement fee specified in
division (Q) of section 111.16 of the Revised Code. The rights,
privileges, and franchises of a professional association whose
articles have been reinstated are subject to section 1701.922 of
the Revised Code. The secretary of state shall inform the tax
commissioner of all cancellations and reinstatements under this
section.
Sec. 1901.18. (A) Except as otherwise provided in this
division or section 1901.181 of the Revised Code, subject to the
monetary jurisdiction of municipal courts as set forth in section
1901.17 of the Revised Code, a municipal court has original
jurisdiction within its territory in all of the following actions
or proceedings and to perform all of the following functions:
(1) In any civil action, of whatever nature or remedy, of
which judges of county courts have jurisdiction;
(2) In any action or proceeding at law for the recovery of
money or personal property of which the court of common pleas has
jurisdiction;
(3) In any action at law based on contract, to determine,
preserve, and enforce all legal and equitable rights involved in
the contract, to decree an accounting, reformation, or
cancellation of the contract, and to hear and determine all legal
and equitable remedies necessary or proper for a complete
determination of the rights of the parties to the contract;
(4) In any action or proceeding for the sale of personal
property under chattel mortgage, lien, encumbrance, or other
charge, for the foreclosure and marshalling of liens on personal
property of that nature, and for the rendering of personal
judgment in the action or proceeding;
(5) In any action or proceeding to enforce the collection of
its own judgments or the judgments rendered by any court within
the territory to which the municipal court has succeeded, and to
subject the interest of a judgment debtor in personal property to
satisfy judgments enforceable by the municipal court;
(6) In any action or proceeding in the nature of
interpleader;
(7) In any action of replevin;
(8) In any action of forcible entry and detainer;
(9) In any action concerning the issuance and enforcement of
temporary protection orders pursuant to section 2919.26 of the
Revised Code or protection orders pursuant to section 2903.213 of
the Revised Code or the enforcement of protection orders issued by
courts of another state, as defined in section 2919.27 of the
Revised Code;
(10) If the municipal court has a housing or environmental
division, in any action over which the division is given
jurisdiction by section 1901.181 of the Revised Code, provided
that, except as specified in division (B) of that section, no
judge of the court other than the judge of the division shall hear
or determine any action over which the division has jurisdiction;
(11) In any action brought pursuant to division (I) of
section 3733.11 4781.40 of the Revised Code, if the residential
premises that are the subject of the action are located within the
territorial jurisdiction of the court;
(12) In any civil action as described in division (B)(1) of
section 3767.41 of the Revised Code that relates to a public
nuisance, and, to the extent any provision of this chapter
conflicts or is inconsistent with a provision of that section, the
provision of that section shall control in the civil action.
(B) The Cleveland municipal court also shall have
jurisdiction within its territory in all of the following actions
or proceedings and to perform all of the following functions:
(1) In all actions and proceedings for the sale of real
property under lien of a judgment of the municipal court or a lien
for machinery, material, or fuel furnished or labor performed,
irrespective of amount, and, in those actions and proceedings, the
court may proceed to foreclose and marshal all liens and all
vested or contingent rights, to appoint a receiver, and to render
personal judgment irrespective of amount in favor of any party.
(2) In all actions for the foreclosure of a mortgage on real
property given to secure the payment of money or the enforcement
of a specific lien for money or other encumbrance or charge on
real property, when the amount claimed by the plaintiff does not
exceed fifteen thousand dollars and the real property is situated
within the territory, and, in those actions, the court may proceed
to foreclose all liens and all vested and contingent rights and
may proceed to render judgments and make findings and orders
between the parties in the same manner and to the same extent as
in similar actions in the court of common pleas.
(3) In all actions for the recovery of real property situated
within the territory to the same extent as courts of common pleas
have jurisdiction;
(4) In all actions for injunction to prevent or terminate
violations of the ordinances and regulations of the city of
Cleveland enacted or promulgated under the police power of the
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio
Constitution, over which the court of common pleas has or may have
jurisdiction, and, in those actions, the court may proceed to
render judgments and make findings and orders in the same manner
and to the same extent as in similar actions in the court of
common pleas.
Sec. 1909.11. A county court judge has jurisdiction in any
action brought pursuant to division (I) of section 3733.11 4781.40
of the Revised Code if the residential premises that are the
subject of the action are located within the territorial
jurisdiction of the judge's county court district.
Sec. 1923.01. (A) As provided in this chapter, any judge of
a county or municipal court or a court of common pleas, within the
judge's proper area of jurisdiction, may inquire about persons who
make unlawful and forcible entry into lands or tenements and
detain them, and about persons who make a lawful and peaceable
entry into lands or tenements and hold them unlawfully and by
force. If, upon the inquiry, it is found that an unlawful and
forcible entry has been made and the lands or tenements are
detained, or that, after a lawful entry, lands or tenements are
held unlawfully and by force, a judge shall cause the plaintiff in
an action under this chapter to have restitution of the lands or
tenements.
(B) An action shall be brought under this chapter within two
years after the cause of action accrues.
(C) As used in this chapter:
(1) "Tenant" means a person who is entitled under a rental
agreement to the use or occupancy of premises, other than premises
located in a manufactured home park, to the exclusion of others,
except that as used in division (A)(6) of section 1923.02 and
section 1923.051 of the Revised Code, "tenant" includes a
manufactured home park resident.
(2) "Landlord" means the owner, lessor, or sublessor of
premises, or the agent or person the landlord authorizes to manage
premises or to receive rent from a tenant under a rental
agreement, except, if required by the facts of the action to which
the term is applied, "landlord" means a park operator.
(3) "Resident" has the same meaning as in section 3733.01
4781.01 of the Revised Code.
(4) "Residential premises" has the same meaning as in section
5321.01 of the Revised Code, except, if required by the facts of
the action to which the term is applied, "residential premises"
has the same meaning as in section 3733.01 4781.01 of the Revised
Code.
(5) "Rental agreement" means any agreement or lease, written
or oral, that establishes or modifies the terms, conditions,
rules, or other provisions concerning the use or occupancy of
premises by one of the parties to the agreement or lease, except
that "rental agreement," as used in division (A)(13) of section
1923.02 of the Revised Code and where the context requires as used
in this chapter, means a rental agreement as defined in division
(D) of section 5322.01 of the Revised Code.
(6) "Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.
(7) "School premises" has the same meaning as in section
2925.01 of the Revised Code.
(8) "Sexually oriented offense" and "child-victim oriented
offense" have the same meanings as in section 2950.01 of the
Revised Code.
(9) "Recreational vehicle" and "mobile home" have the same
meanings as in section 4501.01 of the Revised Code.
(10) "Manufactured home" has the same meaning as in section
3781.06 of the Revised Code.
(11) "Manufactured home park" has the same meaning as in
section 3733.01 4781.01 of the Revised Code and also means any
tract of land upon which one or two manufactured or mobile homes
used for habitation are parked, either free of charge or for
revenue purposes, pursuant to rental agreements between the owners
of the manufactured or mobile homes and the owner of the tract of
land.
(12) "Park operator" has the same meaning as in section
3733.01 4781.01 of the Revised Code and also means a landlord of
premises upon which one or two manufactured or mobile homes used
for habitation are parked, either free of charge or for revenue
purposes, pursuant to rental agreements between the owners of the
manufactured or mobile homes and a landlord who is not licensed as
a manufactured home park operator pursuant to Chapter 3733. 4781.
of the Revised Code.
(13) "Personal property" means tangible personal property
other than a manufactured home, mobile home, or recreational
vehicle that is the subject of an action under this chapter.
(14) "Preschool or child day-care center premises" has the
same meaning as in section 2950.034 of the Revised Code.
Sec. 1923.02. (A) Proceedings under this chapter may be had
as follows:
(1) Against tenants or manufactured home park residents
holding over their terms;
(2) Against tenants or manufactured home park residents in
possession under an oral tenancy, who are in default in the
payment of rent as provided in division (B) of this section;
(3) In sales of real estate, on executions, orders, or other
judicial process, when the judgment debtor was in possession at
the time of the rendition of the judgment or decree, by virtue of
which the sale was made;
(4) In sales by executors, administrators, or guardians, and
on partition, when any of the parties to the complaint were in
possession at the commencement of the action, after the sales, so
made on execution or otherwise, have been examined by the proper
court and adjudged legal;
(5) When the defendant is an occupier of lands or tenements,
without color of title, and the complainant has the right of
possession to them;
(6) In any other case of the unlawful and forcible detention
of lands or tenements. For purposes of this division, in addition
to any other type of unlawful and forcible detention of lands or
tenements, such a detention may be determined to exist when both
of the following apply:
(a) A tenant fails to vacate residential premises within
three days after both of the following occur:
(i) The tenant's landlord has actual knowledge of or has
reasonable cause to believe that the tenant, any person in the
tenant's household, or any person on the premises with the consent
of the tenant previously has or presently is engaged in a
violation of Chapter 2925. or 3719. of the Revised Code, or of a
municipal ordinance that is substantially similar to any section
in either of those chapters, which involves a controlled substance
and which occurred in, is occurring in, or otherwise was or is
connected with the premises, whether or not the tenant or other
person has been charged with, has pleaded guilty to or been
convicted of, or has been determined to be a delinquent child for
an act that, if committed by an adult, would be a violation as
described in this division. For purposes of this division, a
landlord has "actual knowledge of or has reasonable cause to
believe" that a tenant, any person in the tenant's household, or
any person on the premises with the consent of the tenant
previously has or presently is engaged in a violation as described
in this division if a search warrant was issued pursuant to
Criminal Rule 41 or Chapter 2933. of the Revised Code; the
affidavit presented to obtain the warrant named or described the
tenant or person as the individual to be searched and particularly
described the tenant's premises as the place to be searched, named
or described one or more controlled substances to be searched for
and seized, stated substantially the offense under Chapter 2925.
or 3719. of the Revised Code or the substantially similar
municipal ordinance that occurred in, is occurring in, or
otherwise was or is connected with the tenant's premises, and
states the factual basis for the affiant's belief that the
controlled substances are located on the tenant's premises; the
warrant was properly executed by a law enforcement officer and any
controlled substance described in the affidavit was found by that
officer during the search and seizure; and, subsequent to the
search and seizure, the landlord was informed by that or another
law enforcement officer of the fact that the tenant or person has
or presently is engaged in a violation as described in this
division and it occurred in, is occurring in, or otherwise was or
is connected with the tenant's premises.
(ii) The landlord gives the tenant the notice required by
division (C) of section 5321.17 of the Revised Code.
(b) The court determines, by a preponderance of the evidence,
that the tenant, any person in the tenant's household, or any
person on the premises with the consent of the tenant previously
has or presently is engaged in a violation as described in
division (A)(6)(a)(i) of this section.
(7) In cases arising out of Chapter 5313. of the Revised
Code. In those cases, the court has the authority to declare a
forfeiture of the vendee's rights under a land installment
contract and to grant any other claims arising out of the
contract.
(8) Against tenants who have breached an obligation that is
imposed by section 5321.05 of the Revised Code, other than the
obligation specified in division (A)(9) of that section, and that
materially affects health and safety. Prior to the commencement of
an action under this division, notice shall be given to the tenant
and compliance secured with section 5321.11 of the Revised Code.
(9) Against tenants who have breached an obligation imposed
upon them by a written rental agreement;
(10) Against manufactured home park residents who have
defaulted in the payment of rent or breached the terms of a rental
agreement with a park operator. Nothing in this division precludes
the commencement of an action under division (A)(12) of this
section when the additional circumstances described in that
division apply.
(11) Against manufactured home park residents who have
committed two material violations of the rules of the manufactured
home park, of the public health council manufactured homes
commission, or of applicable state and local health and safety
codes and who have been notified of the violations in compliance
with section
3733.13 4781.45 of the Revised Code;
(12) Against a manufactured home park resident, or the estate
of a manufactured home park resident, who as a result of death or
otherwise has been absent from the manufactured home park for a
period of thirty consecutive days prior to the commencement of an
action under this division and whose manufactured home or mobile
home, or recreational vehicle that is parked in the manufactured
home park, has been left unoccupied for that thirty-day period,
without notice to the park operator and without payment of rent
due under the rental agreement with the park operator;
(13) Against occupants of self-service storage facilities, as
defined in division (A) of section 5322.01 of the Revised Code,
who have breached the terms of a rental agreement or violated
section 5322.04 of the Revised Code;
(14) Against any resident or occupant who, pursuant to a
rental agreement, resides in or occupies residential premises
located within one thousand feet of any school premises or
preschool or child day-care center premises and to whom both of
the following apply:
(a) The resident's or occupant's name appears on the state
registry of sex offenders and child-victim offenders maintained
under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim
offenders indicates that the resident or occupant was convicted of
or pleaded guilty to a sexually oriented offense or a child-victim
oriented offense in a criminal prosecution and was not sentenced
to a serious youthful offender dispositional sentence for that
offense.
(15) Against any tenant who permits any person to occupy
residential premises located within one thousand feet of any
school premises or preschool or child day-care center premises if
both of the following apply to the person:
(a) The person's name appears on the state registry of sex
offenders and child-victim offenders maintained under section
2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim
offenders indicates that the person was convicted of or pleaded
guilty to a sexually oriented offense or a child-victim oriented
offense in a criminal prosecution and was not sentenced to a
serious youthful offender dispositional sentence for that offense.
(B) If a tenant or manufactured home park resident holding
under an oral tenancy is in default in the payment of rent, the
tenant or resident forfeits the right of occupancy, and the
landlord may, at the landlord's option, terminate the tenancy by
notifying the tenant or resident, as provided in section 1923.04
of the Revised Code, to leave the premises, for the restitution of
which an action may then be brought under this chapter.
(C)(1) If a tenant or any other person with the tenant's
permission resides in or occupies residential premises that are
located within one thousand feet of any school premises and is a
resident or occupant of the type described in division (A)(14) of
this section or a person of the type described in division (A)(15)
of this section, the landlord for those residential premises, upon
discovery that the tenant or other person is a resident, occupant,
or person of that nature, may terminate the rental agreement or
tenancy for those residential premises by notifying the tenant and
all other occupants, as provided in section 1923.04 of the Revised
Code, to leave the premises.
(2) If a landlord is authorized to terminate a rental
agreement or tenancy pursuant to division (C)(1) of this section
but does not so terminate the rental agreement or tenancy, the
landlord is not liable in a tort or other civil action in damages
for any injury, death, or loss to person or property that
allegedly result from that decision.
(D) This chapter does not apply to a student tenant as
defined by division (H) of section 5321.01 of the Revised Code
when the college or university proceeds to terminate a rental
agreement pursuant to section 5321.031 of the Revised Code.
Sec. 1923.061. (A) Any defense in an action under this
chapter may be asserted at trial.
(B) In an action for possession of residential premises based
upon nonpayment of the rent or in an action for rent when the
tenant or manufactured home park resident is in possession, the
tenant or resident may counterclaim for any amount he the tenant
or resident may recover under the rental agreement or under
Chapter 3733. 4781. or 5321. of the Revised Code. In that event,
the court from time to time may order the tenant or resident to
pay into court all or part of the past due rent and rent becoming
due during the pendency of the action. After trial and judgment,
the party to whom a net judgment is owed shall be paid first from
the money paid into court, and any balance shall be satisfied as
any other judgment. If no rent remains due after application of
this division, judgment shall be entered for the tenant or
resident in the action for possession. If the tenant or resident
has paid into court an amount greater than that necessary to
satisfy a judgment obtained by the landlord, the balance shall be
returned by the court to the tenant or resident.
Sec. 1923.15. During any proceeding involving residential
premises under this chapter, the court may order an appropriate
governmental agency to inspect the residential premises. If the
agency determines and the court finds conditions which constitute
a violation of section 3733.10 4781.38 or 5321.04 of the Revised
Code, and if the premises have been vacated or are to be restored
to the landlord, the court may issue an order forbidding the
re-rental of the property until such conditions are corrected. If
the agency determines and the court finds such conditions, and if
the court finds that the tenant or manufactured home park resident
may remain in possession, the court may order such conditions
corrected. If such conditions have been caused by the tenant or
resident, the court may award damages to the landlord equal to the
reasonable cost of correcting such conditions.
Sec. 2101.08. The probate judge may appoint a stenographic
reporter and fix
his the reporter's compensation in the manner
provided for the court of common pleas in sections 2301.18 to
2301.26, inclusive, of the Revised Code.
Sec. 2151.011. (A) As used in the Revised Code:
(1) "Juvenile court" means whichever of the following is
applicable that has jurisdiction under this chapter and Chapter
2152. of the Revised Code:
(a) The division of the court of common pleas specified in
section 2101.022 or 2301.03 of the Revised Code as having
jurisdiction under this chapter and Chapter 2152. of the Revised
Code or as being the juvenile division or the juvenile division
combined with one or more other divisions;
(b) The juvenile court of Cuyahoga county or Hamilton county
that is separately and independently created by section 2151.08 or
Chapter 2153. of the Revised Code and that has jurisdiction under
this chapter and Chapter 2152. of the Revised Code;
(c) If division (A)(1)(a) or (b) of this section does not
apply, the probate division of the court of common pleas.
(2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter.
(3) "Private child placing agency" means any association, as
defined in section 5103.02 of the Revised Code, that is certified
under section 5103.03 of the Revised Code to accept temporary,
permanent, or legal custody of children and place the children for
either foster care or adoption.
(4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of job and family services that does not accept temporary or
permanent legal custody of children, that is privately operated in
this state, and that does one or more of the following:
(a) Receives and cares for children for two or more
consecutive weeks;
(b) Participates in the placement of children in certified
foster homes;
(c) Provides adoption services in conjunction with a public
children services agency or private child placing agency.
(B) As used in this chapter:
(1) "Adequate parental care" means the provision by a child's
parent or parents, guardian, or custodian of adequate food,
clothing, and shelter to ensure the child's health and physical
safety and the provision by a child's parent or parents of
specialized services warranted by the child's physical or mental
needs.
(2) "Adult" means an individual who is eighteen years of age
or older.
(3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code that
transfers the temporary custody of a child to a public children
services agency or a private child placing agency.
(4) "Alternative response" means the public children services
agency's response to a report of child abuse or neglect that
engages the family in a comprehensive evaluation of child safety,
risk of subsequent harm, and family strengths and needs and that
does not include a determination as to whether child abuse or
neglect occurred.
(5) "Certified foster home" means a foster home, as defined
in section 5103.02 of the Revised Code, certified under section
5103.03 of the Revised Code.
(5)(6) "Child" means a person who is under eighteen years of
age, except that the juvenile court has jurisdiction over any
person who is adjudicated an unruly child prior to attaining
eighteen years of age until the person attains twenty-one years of
age, and, for purposes of that jurisdiction related to that
adjudication, a person who is so adjudicated an unruly child shall
be deemed a "child" until the person attains twenty-one years of
age.
(6)(7) "Child day camp," "child care," "child day-care
center," "part-time child day-care center," "type A family
day-care home," "certified type B family day-care home," "type B
home," "administrator of a child day-care center," "administrator
of a type A family day-care home," "in-home aide," and "authorized
provider" have the same meanings as in section 5104.01 of the
Revised Code.
(7)(8) "Child care provider" means an individual who is a
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family day-care
home, or an in-home aide or an individual who is licensed, is
regulated, is approved, operates under the direction of, or
otherwise is certified by the department of job and family
services, department of developmental disabilities, or the early
childhood programs of the department of education.
(8)(9) "Chronic truant" has the same meaning as in section
2152.02 of the Revised Code.
(9)(10) "Commit" means to vest custody as ordered by the
court.
(10)(11) "Counseling" includes both of the following:
(a) General counseling services performed by a public
children services agency or shelter for victims of domestic
violence to assist a child, a child's parents, and a child's
siblings in alleviating identified problems that may cause or have
caused the child to be an abused, neglected, or dependent child.
(b) Psychiatric or psychological therapeutic counseling
services provided to correct or alleviate any mental or emotional
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. of
the Revised Code to engage in social work or professional
counseling.
(11)(12) "Custodian" means a person who has legal custody of
a child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child.
(12)(13) "Delinquent child" has the same meaning as in
section 2152.02 of the Revised Code.
(13)(14) "Detention" means the temporary care of children
pending court adjudication or disposition, or execution of a court
order, in a public or private facility designed to physically
restrict the movement and activities of children.
(14)(15) "Developmental disability" has the same meaning as
in section 5123.01 of the Revised Code.
(15)(16) "Differential response approach" means an approach
that a public children services agency may use to respond to
accepted reports of child abuse or neglect with either an
alternative response or a traditional response.
(17) "Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.
(16)(18) "Guardian" means a person, association, or
corporation that is granted authority by a probate court pursuant
to Chapter 2111. of the Revised Code to exercise parental rights
over a child to the extent provided in the court's order and
subject to the residual parental rights of the child's parents.
(17)(19) "Habitual truant" means any child of compulsory
school age who is absent without legitimate excuse for absence
from the public school the child is supposed to attend for five or
more consecutive school days, seven or more school days in one
school month, or twelve or more school days in a school year.
(18)(20) "Juvenile traffic offender" has the same meaning as
in section 2152.02 of the Revised Code.
(19)(21) "Legal custody" means a legal status that vests in
the custodian the right to have physical care and control of the
child and to determine where and with whom the child shall live,
and the right and duty to protect, train, and discipline the child
and to provide the child with food, shelter, education, and
medical care, all subject to any residual parental rights,
privileges, and responsibilities. An individual granted legal
custody shall exercise the rights and responsibilities personally
unless otherwise authorized by any section of the Revised Code or
by the court.
(20)(22) A "legitimate excuse for absence from the public
school the child is supposed to attend" includes, but is not
limited to, any of the following:
(a) The fact that the child in question has enrolled in and
is attending another public or nonpublic school in this or another
state;
(b) The fact that the child in question is excused from
attendance at school for any of the reasons specified in section
3321.04 of the Revised Code;
(c) The fact that the child in question has received an age
and schooling certificate in accordance with section 3331.01 of
the Revised Code.
(21)(23) "Mental illness" and "mentally ill person subject to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(22)(24) "Mental injury" means any behavioral, cognitive,
emotional, or mental disorder in a child caused by an act or
omission that is described in section 2919.22 of the Revised Code
and is committed by the parent or other person responsible for the
child's care.
(23)(25) "Mentally retarded person" has the same meaning as
in section 5123.01 of the Revised Code.
(24)(26) "Nonsecure care, supervision, or training" means
care, supervision, or training of a child in a facility that does
not confine or prevent movement of the child within the facility
or from the facility.
(25)(27) "Of compulsory school age" has the same meaning as
in section 3321.01 of the Revised Code.
(26)(28) "Organization" means any institution, public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in certified foster homes or elsewhere.
(27)(29) "Out-of-home care" means detention facilities,
shelter facilities, certified children's crisis care facilities,
certified foster homes, placement in a prospective adoptive home
prior to the issuance of a final decree of adoption,
organizations, certified organizations, child day-care centers,
type A family day-care homes, child care provided by type B family
day-care home providers and by in-home aides, group home
providers, group homes, institutions, state institutions,
residential facilities, residential care facilities, residential
camps, day camps, public schools, chartered nonpublic schools,
educational service centers, hospitals, and medical clinics that
are responsible for the care, physical custody, or control of
children.
(28)(30) "Out-of-home care child abuse" means any of the
following when committed by a person responsible for the care of a
child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's
care;
(b) Denial to a child, as a means of punishment, of proper or
necessary subsistence, education, medical care, or other care
necessary for a child's health;
(c) Use of restraint procedures on a child that cause injury
or pain;
(d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician;
(e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death.
(29)(31) "Out-of-home care child neglect" means any of the
following when committed by a person responsible for the care of a
child in out-of-home care:
(a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child;
(b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in
sexual or physical abuse of the child by any person;
(c) Failure to develop a process for all of the following:
(i) Administration of prescription drugs or psychotropic
drugs for the child;
(ii) Assuring that the instructions of the licensed physician
who prescribed a drug for the child are followed;
(iii) Reporting to the licensed physician who prescribed the
drug all unfavorable or dangerous side effects from the use of the
drug.
(d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child;
(e) Confinement of the child to a locked room without
monitoring by staff;
(f) Failure to provide ongoing security for all prescription
and nonprescription medication;
(g) Isolation of a child for a period of time when there is
substantial risk that the isolation, if continued, will impair or
retard the mental health or physical well-being of the child.
(30)(32) "Permanent custody" means a legal status that vests
in a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges, and
obligations, including all residual rights and obligations.
(31)(33) "Permanent surrender" means the act of the parents
or, if a child has only one parent, of the parent of a child, by a
voluntary agreement authorized by section 5103.15 of the Revised
Code, to transfer the permanent custody of the child to a public
children services agency or a private child placing agency.
(32)(34) "Person" means an individual, association,
corporation, or partnership and the state or any of its political
subdivisions, departments, or agencies.
(33)(35) "Person responsible for a child's care in
out-of-home care" means any of the following:
(a) Any foster caregiver, in-home aide, or provider;
(b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; certified children's crisis care facility; organization;
certified organization; child day-care center; type A family
day-care home; certified type B family day-care home; group home;
institution; state institution; residential facility; residential
care facility; residential camp; day camp; school district;
community school; chartered nonpublic school; educational service
center; hospital; or medical clinic;
(c) Any person who supervises or coaches children as part of
an extracurricular activity sponsored by a school district, public
school, or chartered nonpublic school;
(d) Any other person who performs a similar function with
respect to, or has a similar relationship to, children.
(34)(36) "Physically impaired" means having one or more of
the following conditions that substantially limit one or more of
an individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and
self-direction:
(a) A substantial impairment of vision, speech, or hearing;
(b) A congenital orthopedic impairment;
(c) An orthopedic impairment caused by disease, rheumatic
fever or any other similar chronic or acute health problem, or
amputation or another similar cause.
(35)(37) "Placement for adoption" means the arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody.
(36)(38) "Placement in foster care" means the arrangement by
a public children services agency or a private child placing
agency for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody.
(37)(39) "Planned permanent living arrangement" means an
order of a juvenile court pursuant to which both of the following
apply:
(a) The court gives legal custody of a child to a public
children services agency or a private child placing agency without
the termination of parental rights.
(b) The order permits the agency to make an appropriate
placement of the child and to enter into a written agreement with
a foster care provider or with another person or agency with whom
the child is placed.
(38)(40) "Practice of social work" and "practice of
professional counseling" have the same meanings as in section
4757.01 of the Revised Code.
(39)(41) "Sanction, service, or condition" means a sanction,
service, or condition created by court order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section 2152.19 of the Revised Code.
(40)(42) "Protective supervision" means an order of
disposition pursuant to which the court permits an abused,
neglected, dependent, or unruly child to remain in the custody of
the child's parents, guardian, or custodian and stay in the
child's home, subject to any conditions and limitations upon the
child, the child's parents, guardian, or custodian, or any other
person that the court prescribes, including supervision as
directed by the court for the protection of the child.
(41)(43) "Psychiatrist" has the same meaning as in section
5122.01 of the Revised Code.
(42)(44) "Psychologist" has the same meaning as in section
4732.01 of the Revised Code.
(43)(45) "Residential camp" means a program in which the
care, physical custody, or control of children is accepted
overnight for recreational or recreational and educational
purposes.
(44)(46) "Residential care facility" means an institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child.
(45)(47) "Residential facility" means a home or facility that
is licensed by the department of developmental disabilities under
section 5123.19 of the Revised Code and in which a child with a
developmental disability resides.
(46)(48) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support.
(47)(49) "School day" means the school day established by the
state board of education pursuant to section 3313.48 of the
Revised Code.
(48)(50) "School month" and "school year" have the same
meanings as in section 3313.62 of the Revised Code.
(49)(51) "Secure correctional facility" means a facility
under the direction of the department of youth services that is
designed to physically restrict the movement and activities of
children and used for the placement of children after adjudication
and disposition.
(50)(52) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.
(51)(53) "Shelter" means the temporary care of children in
physically unrestricted facilities pending court adjudication or
disposition.
(52)(54) "Shelter for victims of domestic violence" has the
same meaning as in section 3113.33 of the Revised Code.
(53)(55) "Temporary custody" means legal custody of a child
who is removed from the child's home, which custody may be
terminated at any time at the discretion of the court or, if the
legal custody is granted in an agreement for temporary custody, by
the person who executed the agreement.
(56) "Traditional response" means a public children services
agency's response to a report of child abuse or neglect that
encourages engagement of the family in a comprehensive evaluation
of the child's current and future safety needs and a fact-finding
process to determine whether child abuse or neglect occurred and
the circumstances surrounding the alleged harm or risk of harm.
(C) For the purposes of this chapter, a child shall be
presumed abandoned when the parents of the child have failed to
visit or maintain contact with the child for more than ninety
days, regardless of whether the parents resume contact with the
child after that period of ninety days.
Sec. 2151.312. (A) A child alleged to be or adjudicated an
unruly child may be held only in the following places:
(1) A certified family foster home or a home approved by the
court;
(2) A facility operated by a certified child welfare agency;
(3) Any other suitable place designated by the court.
(B)(1) Except as provided under division (C)(1) of section
2151.311 of the Revised Code, a child alleged to be or adjudicated
a neglected child, an abused child, a dependent child, or an
unruly child may not be held in any of the following facilities:
(a) A state correctional institution, county, multicounty, or
municipal jail or workhouse, or other place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held;
(b) A secure correctional facility.
(2) Except as provided under sections 2151.26 2151.27 to
2151.61 2151.59 of the Revised Code and division (B)(3) of this
section and except when a case is transferred under section
2152.12 of the Revised Code, a child alleged to be or adjudicated
an unruly child may not be held for more than twenty-four hours in
a detention facility. A child alleged to be or adjudicated a
neglected child, an abused child, or a dependent child shall not
be held in a detention facility.
(3) A child who is alleged to be or adjudicated an unruly
child and who is taken into custody on a Saturday, Sunday, or
legal holiday, as listed in section 1.14 of the Revised Code, may
be held in a detention facility until the next succeeding day that
is not a Saturday, Sunday, or legal holiday.
Sec. 2151.354. (A) If the child is adjudicated an unruly
child, the court may:
(1) Make any of the dispositions authorized under section
2151.353 of the Revised Code;
(2) Place the child on community control under any sanctions,
services, and conditions that the court prescribes, as described
in division (A)(4) of section 2152.19 of the Revised Code,
provided that, if the court imposes a period of community service
upon the child, the period of community service shall not exceed
one hundred seventy-five hours;
(3) Suspend the driver's license, probationary driver's
license, or temporary instruction permit issued to the child for a
period of time prescribed by the court and suspend the
registration of all motor vehicles registered in the name of the
child for a period of time prescribed by the court. A child whose
license or permit is so suspended is ineligible for issuance of a
license or permit during the period of suspension. At the end of
the period of suspension, the child shall not be reissued a
license or permit until the child has paid any applicable
reinstatement fee and complied with all requirements governing
license reinstatement.
(4) Commit the child to the temporary or permanent custody of
the court;
(5) Make any further disposition the court finds proper that
is consistent with sections 2151.312 and 2151.56 to 2151.61
2151.59 of the Revised Code;
(6) If, after making a disposition under division (A)(1),
(2), or (3) of this section, the court finds upon further hearing
that the child is not amenable to treatment or rehabilitation
under that disposition, make a disposition otherwise authorized
under divisions (A)(1), (4), (5), and (8) of section 2152.19 of
the Revised Code that is consistent with sections 2151.312 and
2151.56 to
2151.61 2151.59 of the Revised Code.
(B) If a child is adjudicated an unruly child for committing
any act that, if committed by an adult, would be a drug abuse
offense, as defined in section 2925.01 of the Revised Code, or a
violation of division (B) of section 2917.11 of the Revised Code,
in addition to imposing, in its discretion, any other order of
disposition authorized by this section, the court shall do both of
the following:
(1) Require the child to participate in a drug abuse or
alcohol abuse counseling program;
(2) Suspend the temporary instruction permit, probationary
driver's license, or driver's license issued to the child for a
period of time prescribed by the court. The court, in its
discretion, may terminate the suspension if the child attends and
satisfactorily completes a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court. During
the time the child is attending a program as described in this
division, the court shall retain the child's temporary instruction
permit, probationary driver's license, or driver's license, and
the court shall return the permit or license if it terminates the
suspension.
(C)(1) If a child is adjudicated an unruly child for being an
habitual truant, in addition to or in lieu of imposing any other
order of disposition authorized by this section, the court may do
any of the following:
(a) Order the board of education of the child's school
district or the governing board of the educational service center
in the child's school district to require the child to attend an
alternative school if an alternative school has been established
pursuant to section 3313.533 of the Revised Code in the school
district in which the child is entitled to attend school;
(b) Require the child to participate in any academic program
or community service program;
(c) Require the child to participate in a drug abuse or
alcohol abuse counseling program;
(d) Require that the child receive appropriate medical or
psychological treatment or counseling;
(e) Make any other order that the court finds proper to
address the child's habitual truancy, including an order requiring
the child to not be absent without legitimate excuse from the
public school the child is supposed to attend for five or more
consecutive days, seven or more school days in one school month,
or twelve or more school days in a school year and including an
order requiring the child to participate in a truancy prevention
mediation program.
(2) If a child is adjudicated an unruly child for being an
habitual truant and the court determines that the parent,
guardian, or other person having care of the child has failed to
cause the child's attendance at school in violation of section
3321.38 of the Revised Code, in addition to any order of
disposition authorized by this section, all of the following
apply:
(a) The court may require the parent, guardian, or other
person having care of the child to participate in any community
service program, preferably a community service program that
requires the involvement of the parent, guardian, or other person
having care of the child in the school attended by the child.
(b) The court may require the parent, guardian, or other
person having care of the child to participate in a truancy
prevention mediation program.
(c) The court shall warn the parent, guardian, or other
person having care of the child that any subsequent adjudication
of the child as an unruly or delinquent child for being an
habitual or chronic truant may result in a criminal charge against
the parent, guardian, or other person having care of the child for
a violation of division (C) of section 2919.21 or section 2919.24
of the Revised Code.
Sec. 2151.412. (A) Each public children services agency and
private child placing agency shall prepare and maintain a case
plan for any child to whom the agency is providing services and to
whom any of the following applies:
(1) The agency filed a complaint pursuant to section 2151.27
of the Revised Code alleging that the child is an abused,
neglected, or dependent child;
(2) The agency has temporary or permanent custody of the
child;
(3) The child is living at home subject to an order for
protective supervision;
(4) The child is in a planned permanent living arrangement.
Except as provided by division (A)(2) of section 5103.153 of
the Revised Code, a private child placing agency providing
services to a child who is the subject of a voluntary permanent
custody surrender agreement entered into under division (B)(2) of
section 5103.15 of the Revised Code is not required to prepare and
maintain a case plan for that child.
(B) Each public children services agency shall prepare and
maintain a case plan or a family service plan for any child for
whom the agency is providing in-home services pursuant to an
alternative response.
(C)(1) The director of job and family services shall adopt
rules pursuant to Chapter 119. of the Revised Code setting forth
the content and format of case plans required by division (A) of
this section and establishing procedures for developing,
implementing, and changing the case plans. The rules shall at a
minimum comply with the requirements of Title IV-E of the "Social
Security Act," 94 Stat. 501, 42 U.S.C. 671 (1980), as amended.
(2) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code requiring public
children services agencies and private child placing agencies to
maintain case plans for children and their families who are
receiving services in their homes from the agencies and for whom
case plans are not required by division (A) of this section. The
rules for public children services agencies shall include the
requirements for case plans or family service plans maintained for
children and their families who are receiving services in their
homes from public children services agencies pursuant to an
alternative response. The agencies shall maintain case plans and
family service plans as required by those rules; however, the case
plans and family service plans shall not be subject to any other
provision of this section except as specifically required by the
rules.
(C)(D) Each public children services agency and private child
placing agency that is required by division (A) of this section to
maintain a case plan shall file the case plan with the court prior
to the child's adjudicatory hearing but no later than thirty days
after the earlier of the date on which the complaint in the case
was filed or the child was first placed into shelter care. If the
agency does not have sufficient information prior to the
adjudicatory hearing to complete any part of the case plan, the
agency shall specify in the case plan the additional information
necessary to complete each part of the case plan and the steps
that will be taken to obtain that information. All parts of the
case plan shall be completed by the earlier of thirty days after
the adjudicatory hearing or the date of the dispositional hearing
for the child.
(D)(E) Any agency that is required by division (A) of this
section to prepare a case plan shall attempt to obtain an
agreement among all parties, including, but not limited to, the
parents, guardian, or custodian of the child and the guardian ad
litem of the child regarding the content of the case plan. If all
parties agree to the content of the case plan and the court
approves it, the court shall journalize it as part of its
dispositional order. If the agency cannot obtain an agreement upon
the contents of the case plan or the court does not approve it,
the parties shall present evidence on the contents of the case
plan at the dispositional hearing. The court, based upon the
evidence presented at the dispositional hearing and the best
interest of the child, shall determine the contents of the case
plan and journalize it as part of the dispositional order for the
child.
(E)(F)(1) All parties, including the parents, guardian, or
custodian of the child, are bound by the terms of the journalized
case plan. A party that fails to comply with the terms of the
journalized case plan may be held in contempt of court.
(2) Any party may propose a change to a substantive part of
the case plan, including, but not limited to, the child's
placement and the visitation rights of any party. A party
proposing a change to the case plan shall file the proposed change
with the court and give notice of the proposed change in writing
before the end of the day after the day of filing it to all
parties and the child's guardian ad litem. All parties and the
guardian ad litem shall have seven days from the date the notice
is sent to object to and request a hearing on the proposed change.
(a) If it receives a timely request for a hearing, the court
shall schedule a hearing pursuant to section 2151.417 of the
Revised Code to be held no later than thirty days after the
request is received by the court. The court shall give notice of
the date, time, and location of the hearing to all parties and the
guardian ad litem. The agency may implement the proposed change
after the hearing, if the court approves it. The agency shall not
implement the proposed change unless it is approved by the court.
(b) If it does not receive a timely request for a hearing,
the court may approve the proposed change without a hearing. If
the court approves the proposed change without a hearing, it shall
journalize the case plan with the change not later than fourteen
days after the change is filed with the court. If the court does
not approve the proposed change to the case plan, it shall
schedule a hearing to be held pursuant to section 2151.417 of the
Revised Code no later than thirty days after the expiration of the
fourteen-day time period and give notice of the date, time, and
location of the hearing to all parties and the guardian ad litem
of the child. If, despite the requirements of division (E)(F)(2)
of this section, the court neither approves and journalizes the
proposed change nor conducts a hearing, the agency may implement
the proposed change not earlier than fifteen days after it is
submitted to the court.
(3) If an agency has reasonable cause to believe that a child
is suffering from illness or injury and is not receiving proper
care and that an appropriate change in the child's case plan is
necessary to prevent immediate or threatened physical or emotional
harm, to believe that a child is in immediate danger from the
child's surroundings and that an immediate change in the child's
case plan is necessary to prevent immediate or threatened physical
or emotional harm to the child, or to believe that a parent,
guardian, custodian, or other member of the child's household has
abused or neglected the child and that the child is in danger of
immediate or threatened physical or emotional harm from that
person unless the agency makes an appropriate change in the
child's case plan, it may implement the change without prior
agreement or a court hearing and, before the end of the next day
after the change is made, give all parties, the guardian ad litem
of the child, and the court notice of the change. Before the end
of the third day after implementing the change in the case plan,
the agency shall file a statement of the change with the court and
give notice of the filing accompanied by a copy of the statement
to all parties and the guardian ad litem. All parties and the
guardian ad litem shall have ten days from the date the notice is
sent to object to and request a hearing on the change.
(a) If it receives a timely request for a hearing, the court
shall schedule a hearing pursuant to section 2151.417 of the
Revised Code to be held no later than thirty days after the
request is received by the court. The court shall give notice of
the date, time, and location of the hearing to all parties and the
guardian ad litem. The agency shall continue to administer the
case plan with the change after the hearing, if the court approves
the change. If the court does not approve the change, the court
shall make appropriate changes to the case plan and shall
journalize the case plan.
(b) If it does not receive a timely request for a hearing,
the court may approve the change without a hearing. If the court
approves the change without a hearing, it shall journalize the
case plan with the change within fourteen days after receipt of
the change. If the court does not approve the change to the case
plan, it shall schedule a hearing under section 2151.417 of the
Revised Code to be held no later than thirty days after the
expiration of the fourteen-day time period and give notice of the
date, time, and location of the hearing to all parties and the
guardian ad litem of the child.
(F)(G)(1) All case plans for children in temporary custody
shall have the following general goals:
(a) Consistent with the best interest and special needs of
the child, to achieve a safe out-of-home placement in the least
restrictive, most family-like setting available and in close
proximity to the home from which the child was removed or the home
in which the child will be permanently placed;
(b) To eliminate with all due speed the need for the
out-of-home placement so that the child can safely return home.
(2) The director of job and family services shall adopt rules
pursuant to Chapter 119. of the Revised Code setting forth the
general goals of case plans for children subject to dispositional
orders for protective supervision, a planned permanent living
arrangement, or permanent custody.
(G)(H) In the agency's development of a case plan and the
court's review of the case plan, the child's health and safety
shall be the paramount concern. The agency and the court shall be
guided by the following general priorities:
(1) A child who is residing with or can be placed with the
child's parents within a reasonable time should remain in their
legal custody even if an order of protective supervision is
required for a reasonable period of time;
(2) If both parents of the child have abandoned the child,
have relinquished custody of the child, have become incapable of
supporting or caring for the child even with reasonable
assistance, or have a detrimental effect on the health, safety,
and best interest of the child, the child should be placed in the
legal custody of a suitable member of the child's extended family;
(3) If a child described in division (G)(H)(2) of this
section has no suitable member of the child's extended family to
accept legal custody, the child should be placed in the legal
custody of a suitable nonrelative who shall be made a party to the
proceedings after being given legal custody of the child;
(4) If the child has no suitable member of the child's
extended family to accept legal custody of the child and no
suitable nonrelative is available to accept legal custody of the
child and, if the child temporarily cannot or should not be placed
with the child's parents, guardian, or custodian, the child should
be placed in the temporary custody of a public children services
agency or a private child placing agency;
(5) If the child cannot be placed with either of the child's
parents within a reasonable period of time or should not be placed
with either, if no suitable member of the child's extended family
or suitable nonrelative is available to accept legal custody of
the child, and if the agency has a reasonable expectation of
placing the child for adoption, the child should be committed to
the permanent custody of the public children services agency or
private child placing agency;
(6) If the child is to be placed for adoption or foster care,
the placement shall not be delayed or denied on the basis of the
child's or adoptive or foster family's race, color, or national
origin.
(H)(I) The case plan for a child in temporary custody shall
include at a minimum the following requirements if the child is or
has been the victim of abuse or neglect or if the child witnessed
the commission in the child's household of abuse or neglect
against a sibling of the child, a parent of the child, or any
other person in the child's household:
(1) A requirement that the child's parents, guardian, or
custodian participate in mandatory counseling;
(2) A requirement that the child's parents, guardian, or
custodian participate in any supportive services that are required
by or provided pursuant to the child's case plan.
(I)(J) A case plan may include, as a supplement, a plan for
locating a permanent family placement. The supplement shall not be
considered part of the case plan for purposes of division (D)(E)
of this section.
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an official or
professional capacity and knows, or has reasonable cause to
suspect based on facts that would cause a reasonable person in a
similar position to suspect, that a child under eighteen years of
age or a mentally retarded, developmentally disabled, or
physically impaired child under twenty-one years of age has
suffered or faces a threat of suffering any physical or mental
wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of the child shall fail to
immediately report that knowledge or reasonable cause to suspect
to the entity or persons specified in this division. Except as
provided in section 5120.173 of the Revised Code, the person
making the report shall make it to the public children services
agency or a municipal or county peace officer in the county in
which the child resides or in which the abuse or neglect is
occurring or has occurred. In the circumstances described in
section 5120.173 of the Revised Code, the person making the report
shall make it to the entity specified in that section.
(b) Division (A)(1)(a) of this section applies to any person
who is an attorney; physician, including a hospital intern or
resident; dentist; podiatrist; practitioner of a limited branch of
medicine as specified in section 4731.15 of the Revised Code;
registered nurse; licensed practical nurse; visiting nurse; other
health care professional; licensed psychologist; licensed school
psychologist; independent marriage and family therapist or
marriage and family therapist; speech pathologist or audiologist;
coroner; administrator or employee of a child day-care center;
administrator or employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school teacher;
school employee; school authority; person engaged in social work
or the practice of professional counseling; agent of a county
humane society; person, other than a cleric, rendering spiritual
treatment through prayer in accordance with the tenets of a
well-recognized religion; employee of a county department of job
and family services who is a professional and who works with
children and families; superintendent, board member, or employee
of a county board of developmental disabilities; investigative
agent contracted with by a county board of developmental
disabilities; employee of the department of developmental
disabilities; employee of a facility or home that provides respite
care in accordance with section 5123.171 of the Revised Code;
employee of a home health agency; employee of an entity that
provides homemaker services; a person performing the duties of an
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;
or third party employed by a public children services agency to
assist in providing child or family related services.
(2) Except as provided in division (A)(3) of this section, an
attorney or a physician is not required to make a report pursuant
to division (A)(1) of this section concerning any communication
the attorney or physician receives from a client or patient in an
attorney-client or physician-patient relationship, if, in
accordance with division (A) or (B) of section 2317.02 of the
Revised Code, the attorney or physician could not testify with
respect to that communication in a civil or criminal proceeding.
(3) The client or patient in an attorney-client or
physician-patient relationship described in division (A)(2) of
this section is deemed to have waived any testimonial privilege
under division (A) or (B) of section 2317.02 of the Revised Code
with respect to any communication the attorney or physician
receives from the client or patient in that attorney-client or
physician-patient relationship, and the attorney or physician
shall make a report pursuant to division (A)(1) of this section
with respect to that communication, if all of the following apply:
(a) The client or patient, at the time of the communication,
is either a child under eighteen years of age or a mentally
retarded, developmentally disabled, or physically impaired person
under twenty-one years of age.
(b) The attorney or physician knows, or has reasonable cause
to suspect based on facts that would cause a reasonable person in
similar position to suspect, as a result of the communication or
any observations made during that communication, that the client
or patient has suffered or faces a threat of suffering any
physical or mental wound, injury, disability, or condition of a
nature that reasonably indicates abuse or neglect of the client or
patient.
(c) The abuse or neglect does not arise out of the client's
or patient's attempt to have an abortion without the notification
of her parents, guardian, or custodian in accordance with section
2151.85 of the Revised Code.
(4)(a) No cleric and no person, other than a volunteer,
designated by any church, religious society, or faith acting as a
leader, official, or delegate on behalf of the church, religious
society, or faith who is acting in an official or professional
capacity, who knows, or has reasonable cause to believe based on
facts that would cause a reasonable person in a similar position
to believe, that a child under eighteen years of age or a mentally
retarded, developmentally disabled, or physically impaired child
under twenty-one years of age has suffered or faces a threat of
suffering any physical or mental wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of the child, and who knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, that another cleric or another person, other
than a volunteer, designated by a church, religious society, or
faith acting as a leader, official, or delegate on behalf of the
church, religious society, or faith caused, or poses the threat of
causing, the wound, injury, disability, or condition that
reasonably indicates abuse or neglect shall fail to immediately
report that knowledge or reasonable cause to believe to the entity
or persons specified in this division. Except as provided in
section 5120.173 of the Revised Code, the person making the report
shall make it to the public children services agency or a
municipal or county peace officer in the county in which the child
resides or in which the abuse or neglect is occurring or has
occurred. In the circumstances described in section 5120.173 of
the Revised Code, the person making the report shall make it to
the entity specified in that section.
(b) Except as provided in division (A)(4)(c) of this section,
a cleric is not required to make a report pursuant to division
(A)(4)(a) of this section concerning any communication the cleric
receives from a penitent in a cleric-penitent relationship, if, in
accordance with division (C) of section 2317.02 of the Revised
Code, the cleric could not testify with respect to that
communication in a civil or criminal proceeding.
(c) The penitent in a cleric-penitent relationship described
in division (A)(4)(b) of this section is deemed to have waived any
testimonial privilege under division (C) of section 2317.02 of the
Revised Code with respect to any communication the cleric receives
from the penitent in that cleric-penitent relationship, and the
cleric shall make a report pursuant to division (A)(4)(a) of this
section with respect to that communication, if all of the
following apply:
(i) The penitent, at the time of the communication, is either
a child under eighteen years of age or a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age.
(ii) The cleric knows, or has reasonable cause to believe
based on facts that would cause a reasonable person in a similar
position to believe, as a result of the communication or any
observations made during that communication, the penitent has
suffered or faces a threat of suffering any physical or mental
wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of the penitent.
(iii) The abuse or neglect does not arise out of the
penitent's attempt to have an abortion performed upon a child
under eighteen years of age or upon a mentally retarded,
developmentally disabled, or physically impaired person under
twenty-one years of age without the notification of her parents,
guardian, or custodian in accordance with section 2151.85 of the
Revised Code.
(d) Divisions (A)(4)(a) and (c) of this section do not apply
in a cleric-penitent relationship when the disclosure of any
communication the cleric receives from the penitent is in
violation of the sacred trust.
(e) As used in divisions (A)(1) and (4) of this section,
"cleric" and "sacred trust" have the same meanings as in section
2317.02 of the Revised Code.
(B) Anyone who knows, or has reasonable cause to suspect
based on facts that would cause a reasonable person in similar
circumstances to suspect, that a child under eighteen years of age
or a mentally retarded, developmentally disabled, or physically
impaired person under twenty-one years of age has suffered or
faces a threat of suffering any physical or mental wound, injury,
disability, or other condition of a nature that reasonably
indicates abuse or neglect of the child may report or cause
reports to be made of that knowledge or reasonable cause to
suspect to the entity or persons specified in this division.
Except as provided in section 5120.173 of the Revised Code, a
person making a report or causing a report to be made under this
division shall make it or cause it to be made to the public
children services agency or to a municipal or county peace
officer. In the circumstances described in section 5120.173 of the
Revised Code, a person making a report or causing a report to be
made under this division shall make it or cause it to be made to
the entity specified in that section.
(C) Any report made pursuant to division (A) or (B) of this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested by the
receiving agency or officer. The written report shall contain:
(1) The names and addresses of the child and the child's
parents or the person or persons having custody of the child, if
known;
(2) The child's age and the nature and extent of the child's
injuries, abuse, or neglect that is known or reasonably suspected
or believed, as applicable, to have occurred or of the threat of
injury, abuse, or neglect that is known or reasonably suspected or
believed, as applicable, to exist, including any evidence of
previous injuries, abuse, or neglect;
(3) Any other information that might be helpful in
establishing the cause of the injury, abuse, or neglect that is
known or reasonably suspected or believed, as applicable, to have
occurred or of the threat of injury, abuse, or neglect that is
known or reasonably suspected or believed, as applicable, to
exist.
Any person, who is required by division (A) of this section
to report child abuse or child neglect that is known or reasonably
suspected or believed to have occurred, may take or cause to be
taken color photographs of areas of trauma visible on a child and,
if medically indicated, cause to be performed radiological
examinations of the child.
(D) As used in this division, "children's advocacy center"
and "sexual abuse of a child" have the same meanings as in section
2151.425 of the Revised Code.
(1) When a municipal or county peace officer receives a
report concerning the possible abuse or neglect of a child or the
possible threat of abuse or neglect of a child, upon receipt of
the report, the municipal or county peace officer who receives the
report shall refer the report to the appropriate public children
services agency.
(2) When a public children services agency receives a report
pursuant to this division or division (A) or (B) of this section,
upon receipt of the report, the public children services agency
shall do both of the following:
(a) Comply with section 2151.422 of the Revised Code;
(b) If the county served by the agency is also served by a
children's advocacy center and the report alleges sexual abuse of
a child or another type of abuse of a child that is specified in
the memorandum of understanding that creates the center as being
within the center's jurisdiction, comply regarding the report with
the protocol and procedures for referrals and investigations, with
the coordinating activities, and with the authority or
responsibility for performing or providing functions, activities,
and services stipulated in the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
center.
(E) No township, municipal, or county peace officer shall
remove a child about whom a report is made pursuant to this
section from the child's parents, stepparents, or guardian or any
other persons having custody of the child without consultation
with the public children services agency, unless, in the judgment
of the officer, and, if the report was made by physician, the
physician, immediate removal is considered essential to protect
the child from further abuse or neglect. The agency that must be
consulted shall be the agency conducting the investigation of the
report as determined pursuant to section 2151.422 of the Revised
Code.
(F)(1) Except as provided in section 2151.422 of the Revised
Code or in an interagency agreement entered into under section
2151.428 of the Revised Code that applies to the particular
report, the public children services agency shall investigate,
within twenty-four hours, each report of child abuse or child
neglect that is known or reasonably suspected or believed to have
occurred and of a threat of child abuse or child neglect that is
known or reasonably suspected or believed to exist that is
referred to it under this section to determine the circumstances
surrounding the injuries, abuse, or neglect or the threat of
injury, abuse, or neglect, the cause of the injuries, abuse,
neglect, or threat, and the person or persons responsible. The
investigation shall be made in cooperation with the law
enforcement agency and in accordance with the memorandum of
understanding prepared under division (J) of this section. A
representative of the public children services agency shall, at
the time of initial contact with the person subject to the
investigation, inform the person of the specific complaints or
allegations made against the person. The information shall be
given in a manner that is consistent with division (H)(1) of this
section and protects the rights of the person making the report
under this section.
A failure to make the investigation in accordance with the
memorandum is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the report
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person. The public children services agency shall report each case
to the uniform statewide automated child welfare information
system that the department of job and family services shall
maintain in accordance with section 5101.13 of the Revised Code.
The public children services agency shall submit a report of its
investigation, in writing, to the law enforcement agency.
(2) The public children services agency shall make any
recommendations to the county prosecuting attorney or city
director of law that it considers necessary to protect any
children that are brought to its attention.
(G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports under
division (A) of this section, anyone or any hospital, institution,
school, health department, or agency participating in good faith
in the making of reports under division (B) of this section, and
anyone participating in good faith in a judicial proceeding
resulting from the reports, shall be immune from any civil or
criminal liability for injury, death, or loss to person or
property that otherwise might be incurred or imposed as a result
of the making of the reports or the participation in the judicial
proceeding.
(b) Notwithstanding section 4731.22 of the Revised Code, the
physician-patient privilege shall not be a ground for excluding
evidence regarding a child's injuries, abuse, or neglect, or the
cause of the injuries, abuse, or neglect in any judicial
proceeding resulting from a report submitted pursuant to this
section.
(2) In any civil or criminal action or proceeding in which it
is alleged and proved that participation in the making of a report
under this section was not in good faith or participation in a
judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom the
civil action or proceeding is brought.
(H)(1) Except as provided in divisions (H)(4) and (N) of this
section, a report made under this section is confidential. The
information provided in a report made pursuant to this section and
the name of the person who made the report shall not be released
for use, and shall not be used, as evidence in any civil action or
proceeding brought against the person who made the report. Nothing
in this division shall preclude the use of reports of other
incidents of known or suspected abuse or neglect in a civil action
or proceeding brought pursuant to division (M) of this section
against a person who is alleged to have violated division (A)(1)
of this section, provided that any information in a report that
would identify the child who is the subject of the report or the
maker of the report, if the maker of the report is not the
defendant or an agent or employee of the defendant, has been
redacted. In a criminal proceeding, the report is admissible in
evidence in accordance with the Rules of Evidence and is subject
to discovery in accordance with the Rules of Criminal Procedure.
(2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section.
(3) A person who knowingly makes or causes another person to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code.
(4) If a report is made pursuant to division (A) or (B) of
this section and the child who is the subject of the report dies
for any reason at any time after the report is made, but before
the child attains eighteen years of age, the public children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review board, shall submit a summary sheet of information
providing a summary of the report to the review board of the
county in which the deceased child resided at the time of death.
On the request of the review board, the agency or peace officer
may, at its discretion, make the report available to the review
board. If the county served by the public children services agency
is also served by a children's advocacy center and the report of
alleged sexual abuse of a child or another type of abuse of a
child is specified in the memorandum of understanding that creates
the center as being within the center's jurisdiction, the agency
or center shall perform the duties and functions specified in this
division in accordance with the interagency agreement entered into
under section 2151.428 of the Revised Code relative to that
advocacy center.
(5) A public children services agency shall advise a person
alleged to have inflicted abuse or neglect on a child who is the
subject of a report made pursuant to this section, including a
report alleging sexual abuse of a child or another type of abuse
of a child referred to a children's advocacy center pursuant to an
interagency agreement entered into under section 2151.428 of the
Revised Code, in writing of the disposition of the investigation.
The agency shall not provide to the person any information that
identifies the person who made the report, statements of
witnesses, or police or other investigative reports.
(I) Any report that is required by this section, other than a
report that is made to the state highway patrol as described in
section 5120.173 of the Revised Code, shall result in protective
services and emergency supportive services being made available by
the public children services agency on behalf of the children
about whom the report is made, in an effort to prevent further
neglect or abuse, to enhance their welfare, and, whenever
possible, to preserve the family unit intact. The agency required
to provide the services shall be the agency conducting the
investigation of the report pursuant to section 2151.422 of the
Revised Code.
(J)(1) Each public children services agency shall prepare a
memorandum of understanding that is signed by all of the
following:
(a) If there is only one juvenile judge in the county, the
juvenile judge of the county or the juvenile judge's
representative;
(b) If there is more than one juvenile judge in the county, a
juvenile judge or the juvenile judges' representative selected by
the juvenile judges or, if they are unable to do so for any
reason, the juvenile judge who is senior in point of service or
the senior juvenile judge's representative;
(c) The county peace officer;
(d) All chief municipal peace officers within the county;
(e) Other law enforcement officers handling child abuse and
neglect cases in the county;
(f) The prosecuting attorney of the county;
(g) If the public children services agency is not the county
department of job and family services, the county department of
job and family services;
(h) The county humane society;
(i) If the public children services agency participated in
the execution of a memorandum of understanding under section
2151.426 of the Revised Code establishing a children's advocacy
center, each participating member of the children's advocacy
center established by the memorandum.
(2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by all concerned officials in
the execution of their respective responsibilities under this
section and division (C) of section 2919.21, division (B)(1) of
section 2919.22, division (B) of section 2919.23, and section
2919.24 of the Revised Code and shall have as two of its primary
goals the elimination of all unnecessary interviews of children
who are the subject of reports made pursuant to division (A) or
(B) of this section and, when feasible, providing for only one
interview of a child who is the subject of any report made
pursuant to division (A) or (B) of this section. A failure to
follow the procedure set forth in the memorandum by the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person.
(3) A memorandum of understanding shall include all of the
following:
(a) The roles and responsibilities for handling emergency and
nonemergency cases of abuse and neglect;
(b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected.
(4) If a public children services agency participated in the
execution of a memorandum of understanding under section 2151.426
of the Revised Code establishing a children's advocacy center, the
agency shall incorporate the contents of that memorandum in the
memorandum prepared pursuant to this section.
(5) The clerk of the court of common pleas in the county may
sign the memorandum of understanding prepared under division
(J)(1) of this section. If the clerk signs the memorandum of
understanding, the clerk shall execute all relevant
responsibilities as required of officials specified in the
memorandum.
(K)(1) Except as provided in division (K)(4) of this section,
a person who is required to make a report pursuant to division (A)
of this section may make a reasonable number of requests of the
public children services agency that receives or is referred the
report, or of the children's advocacy center that is referred the
report if the report is referred to a children's advocacy center
pursuant to an interagency agreement entered into under section
2151.428 of the Revised Code, to be provided with the following
information:
(a) Whether the agency or center has initiated an
investigation of the report;
(b) Whether the agency or center is continuing to investigate
the report;
(c) Whether the agency or center is otherwise involved with
the child who is the subject of the report;
(d) The general status of the health and safety of the child
who is the subject of the report;
(e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court.
(2) A person may request the information specified in
division (K)(1) of this section only if, at the time the report is
made, the person's name, address, and telephone number are
provided to the person who receives the report.
When a municipal or county peace officer or employee of a
public children services agency receives a report pursuant to
division (A) or (B) of this section the recipient of the report
shall inform the person of the right to request the information
described in division (K)(1) of this section. The recipient of the
report shall include in the initial child abuse or child neglect
report that the person making the report was so informed and, if
provided at the time of the making of the report, shall include
the person's name, address, and telephone number in the report.
Each request is subject to verification of the identity of
the person making the report. If that person's identity is
verified, the agency shall provide the person with the information
described in division (K)(1) of this section a reasonable number
of times, except that the agency shall not disclose any
confidential information regarding the child who is the subject of
the report other than the information described in those
divisions.
(3) A request made pursuant to division (K)(1) of this
section is not a substitute for any report required to be made
pursuant to division (A) of this section.
(4) If an agency other than the agency that received or was
referred the report is conducting the investigation of the report
pursuant to section 2151.422 of the Revised Code, the agency
conducting the investigation shall comply with the requirements of
division (K) of this section.
(L) The director of job and family services shall adopt rules
in accordance with Chapter 119. of the Revised Code to implement
this section. The department of job and family services may enter
into a plan of cooperation with any other governmental entity to
aid in ensuring that children are protected from abuse and
neglect. The department shall make recommendations to the attorney
general that the department determines are necessary to protect
children from child abuse and child neglect.
(M) Whoever violates division (A) of this section is liable
for compensatory and exemplary damages to the child who would have
been the subject of the report that was not made. A person who
brings a civil action or proceeding pursuant to this division
against a person who is alleged to have violated division (A)(1)
of this section may use in the action or proceeding reports of
other incidents of known or suspected abuse or neglect, provided
that any information in a report that would identify the child who
is the subject of the report or the maker of the report, if the
maker is not the defendant or an agent or employee of the
defendant, has been redacted.
(N)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic
school if the alleged child abuse or child neglect, or alleged
threat of child abuse or child neglect, described in a report
received by a public children services agency allegedly occurred
in or involved the nonchartered nonpublic school and the alleged
perpetrator named in the report holds a certificate, permit, or
license issued by the state board of education under section
3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative
officer" means the superintendent of the school district if the
out-of-home care entity subject to a report made pursuant to this
section is a school operated by the district.
(2) No later than the end of the day following the day on
which a public children services agency receives a report of
alleged child abuse or child neglect, or a report of an alleged
threat of child abuse or child neglect, that allegedly occurred in
or involved an out-of-home care entity, the agency shall provide
written notice of the allegations contained in and the person
named as the alleged perpetrator in the report to the
administrator, director, or other chief administrative officer of
the out-of-home care entity that is the subject of the report
unless the administrator, director, or other chief administrative
officer is named as an alleged perpetrator in the report. If the
administrator, director, or other chief administrative officer of
an out-of-home care entity is named as an alleged perpetrator in a
report of alleged child abuse or child neglect, or a report of an
alleged threat of child abuse or child neglect, that allegedly
occurred in or involved the out-of-home care entity, the agency
shall provide the written notice to the owner or governing board
of the out-of-home care entity that is the subject of the report.
The agency shall not provide witness statements or police or other
investigative reports.
(3) No later than three days after the day on which a public
children services agency that conducted the investigation as
determined pursuant to section 2151.422 of the Revised Code makes
a disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the agency shall send written
notice of the disposition of the investigation to the
administrator, director, or other chief administrative officer and
the owner or governing board of the out-of-home care entity. The
agency shall not provide witness statements or police or other
investigative reports.
(O) As used in this section, "investigation" means the public
children services agency's response to an accepted report of child
abuse or neglect through either an alternative response or a
traditional response.
Sec. 2151.424. (A) If a child has been placed in a certified
foster home or is in the custody of a relative of the child, other
than a parent of the child, a court, prior to conducting any
hearing pursuant to division
(E)(F)(2) or (3) of section 2151.412
or section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415,
2151.416, or 2151.417 of the Revised Code with respect to the
child, shall notify the foster caregiver or relative of the date,
time, and place of the hearing. At the hearing, the foster
caregiver or relative shall have the right to present evidence.
(B) If a public children services agency or private child
placing agency has permanent custody of a child and a petition to
adopt the child has been filed under Chapter 3107. of the Revised
Code, the agency, prior to conducting a review under section
2151.416 of the Revised Code, or a court, prior to conducting a
hearing under division
(E)(F)(2) or (3) of section 2151.412 or
section 2151.416 or 2151.417 of the Revised Code, shall notify the
prospective adoptive parent of the date, time, and place of the
review or hearing. At the review or hearing, the prospective
adoptive parent shall have the right to present evidence.
(C) The notice and the opportunity to present evidence do not
make the foster caregiver, relative, or prospective adoptive
parent a party in the action or proceeding pursuant to which the
review or hearing is conducted.
Sec. 2151.429. (A) The differential response approach, as
defined in section 2151.011 of the Revised Code, pursued by a
public children services agency shall include two response
pathways, the traditional response pathway and the alternative
response pathway. The director of job and family services shall
adopt rules pursuant to Chapter 119. of the Revised Code setting
forth the procedures and criteria for public children services
agencies to assign and reassign response pathways.
(B) The agency shall use the traditional response for the
following types of accepted reports:
(1) Physical abuse resulting in serious injury or that
creates a serious and immediate risk to a child's health and
safety.
(4) Reports requiring a specialized assessment as identified
by rule adopted by the department.
(5) Reports requiring a third party investigative procedure
as identified by rule adopted by the department.
(C) For all other child abuse and neglect reports, an
alternative response shall be the preferred response, whenever
appropriate and in accordance with rules adopted by the
department.
Sec. 2151.56. The "interstate compact for juveniles" is
hereby ratified, enacted into law, and entered into by the state
of Ohio as a party to the compact with any other state that has
legally joined in the compact as follows:
INTERSTATE COMPACT FOR JUVENILES
Article I -- Purpose
The compacting states to this interstate compact for
juveniles recognize that each state is responsible for the proper
supervision or return of juveniles, delinquents, and status
offenders who are on probation or parole and who have absconded,
escaped, or run away from supervision and control and in so doing
have endangered their own safety and the safety of others. The
compacting states also recognize that each state is responsible
for the safe return of juveniles who have run away from home and
in doing so have left their state of residence. The compacting
states also recognize that congress, by enacting the Crime Control
Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged
compacts for cooperative efforts and mutual assistance in the
prevention of crime.
It is the policy of the compacting states that the activities
conducted by the interstate commission for juveniles created by
this compact are the formation of public policies and therefore
are public business. Furthermore, the compacting states shall
cooperate and observe their individual and collective duties and
responsibilities for the prompt return and acceptance of juveniles
subject to the provisions of this compact. The provisions of this
compact shall be reasonably and liberally construed to accomplish
the purposes and policies of the compact.
It is the purpose of this compact, through means of joint and
cooperative action among the compacting states, to do all of the
following:
(A) Ensure that the adjudicated juveniles and status
offenders subject to this compact are provided adequate
supervision and services in the receiving state as ordered by the
adjudicating judge or parole authority in the sending state;
(B) Ensure that the public safety interests of the citizens,
including the victims of juvenile offenders, in both the sending
and receiving states are adequately protected;
(C) Return juveniles who have run away, absconded, or escaped
from supervision or control or have been accused of an offense to
the state requesting their return;
(D) Make contracts for the cooperative institutionalization
in public facilities in member states for delinquent youth needing
special services;
(E) Provide for the effective tracking and supervision of
juveniles;
(F) Equitably allocate the costs, benefits, and obligations
of the compacting states;
(G) Establish procedures to manage the movement between
states of juvenile offenders released to the community under the
jurisdiction of courts, juvenile departments, or any other
criminal or juvenile justice agency that has jurisdiction over
juvenile offenders;
(H) Ensure immediate notice to jurisdictions where defined
offenders are authorized to travel or to relocate across state
lines;
(I) Establish procedures to resolve pending charges, such as
detainers, against juvenile offenders prior to transfer or release
to the community under the terms of this compact;
(J) Establish a system of uniform data collection on
information pertaining to juveniles subject to this compact that
allows access by authorized juvenile justice and criminal justice
officials and regular reporting of compact activities to heads of
state executive, judicial, and legislative branches and juvenile
justice and criminal justice administrators;
(K) Monitor compliance with rules governing interstate
movement of juveniles and initiate interventions to address and
correct noncompliance;
(L) Coordinate training and education regarding the
regulation of interstate movement of juveniles for officials
involved in such activity;
(M) Coordinate the implementation and operation of this
compact with the interstate compact for the placement of children,
the interstate compact for adult offender supervision, and other
compacts affecting juveniles, particularly in those cases where
concurrent or overlapping supervision issues arise.
Article II -- Definitions
As used in this compact, unless the context clearly requires
a different construction:
(A) "Bylaws" means those bylaws established by the interstate
commission for its governance or for directing or controlling its
actions or conduct.
(B) "Compact administrator" means the individual in each
compacting state appointed pursuant to the terms of this compact
who is responsible for the administration and management of the
state's supervision and transfer of juveniles subject to the terms
of this compact, the rules adopted by the interstate commission
under this compact, and policies adopted by the state council
under this compact.
(C) "Compacting state" means any state that has enacted the
enabling legislation for this compact.
(D) "Commissioner" means the voting representative of each
compacting state appointed pursuant to Article III of this
compact.
(E) "Court" means any court having jurisdiction over
delinquent, neglected, or dependent children.
(F) "Interstate commission for juveniles" or "interstate
commission" means the interstate commission for juveniles created
by Article III of this compact.
(G) "Juvenile" means any person defined as a juvenile in any
member state or by the rules of the interstate commission,
including any of the following:
(1) An "accused delinquent," which means a person charged
with a violation of a law or municipal ordinance that, if
committed by an adult, would be a criminal offense;
(2) An "adjudicated delinquent," which means a person found
to have committed a violation of a law or municipal ordinance
that, if committed by an adult, would be a criminal offense;
(3) An "accused status offender," which means a person
charged with a violation of a law or municipal ordinance that
would not be a criminal offense if committed by an adult;
(4) An "adjudicated status offender," which means a person
found to have committed a violation of a law or municipal
ordinance that would not be a criminal offense if committed by an
adult;
(5) A "nonoffender," which means a person in need of
supervision who is not an accused or adjudicated status offender
or delinquent.
(H) "Noncompacting state" means any state that has not
enacted the enabling legislation for this compact.
(I) "Probation or parole" means any kind of supervision or
conditional release of juveniles authorized under the laws of the
compacting states.
(J) "Rule" means a written statement by the interstate
commission promulgated pursuant to Article VI of this compact that
is of general applicability, that implements, interprets, or
prescribes a policy or provision of the compact, or an
organizational, procedural, or practice requirement of the
interstate commission, and that has the force and effect of
statutory law in a compacting state, and includes the amendment,
repeal, or suspension of an existing rule.
(K) "State" means a state of the United States, the District
of Columbia or its designee, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, Guam, American Samoa, and the Northern
Marianas Islands.
Article III -- Interstate Commission for Juveniles
(A) The compacting states hereby create the "interstate
commission for juveniles." The commission shall be a body
corporate and joint agency of the compacting states. The
commission shall have all the responsibilities, powers, and duties
set forth in this compact, and any additional powers that may be
conferred upon it by subsequent action of the respective
legislatures of the compacting states in accordance with the terms
of this compact.
(B) The interstate commission shall consist of commissioners
appointed by the appropriate appointing authority in each state
pursuant to the rules and requirements of each compacting state
and in consultation with the state council for interstate juvenile
supervision created in the state in accordance with this compact.
The commissioners are the voting representatives of each state.
The commissioner for a state shall be the compact administrator or
designee from that state who shall serve on the interstate
commission in such capacity under or pursuant to the applicable
law of the compacting state.
(C) In addition to the commissioners, the interstate
commission also shall include individuals who are not
commissioners but who are members of interested organizations. The
noncommissioner members shall include a member of the national
organizations of governors, legislators, state chief justices,
attorneys general, interstate compact for adult offender
supervision, interstate compact for the placement of children,
juvenile justice and juvenile corrections officials, and crime
victims. All noncommissioner members of the interstate commission
shall be ex officio, nonvoting members. The interstate commission
may provide in its bylaws for such additional ex officio,
nonvoting members, including members of other national
organizations, in such numbers as shall be determined by the
commission.
(D) Each compacting state represented at any meeting of the
interstate commission is entitled to one vote. A majority of the
compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the
interstate commission.
(E) The interstate commission shall meet at least once each
calendar year. The chairperson may call additional meetings and,
upon the request of a simple majority of the compacting states,
shall call additional meetings. Public notice shall be given of
all meetings, and all meetings, shall be open to the public.
(F) The interstate commission shall establish an executive
committee, which shall include commission officers, members, and
others as determined by the interstate commission's bylaws. The
executive committee shall have the power to act on behalf of the
interstate commission during periods when the interstate
commission is not in session, with the exception of any rulemaking
or amendment to the compact. The executive committee shall do all
of the following:
(1) Oversee the day-to-day activities of the administration
of the compact, managed by an executive director and interstate
commission staff;
(2) Administer enforcement and compliance with the provisions
of this compact and the interstate commission's bylaws and rules;
(3) Perform any other duties as directed by the interstate
commission or set forth in its bylaws.
(G) Each member of the interstate commission shall have the
right and power to cast a vote to which that compacting state is
entitled and to participate in the business and affairs of the
interstate commission. A member shall vote in person and shall not
delegate a vote to another compacting state. However, a
commissioner, in consultation with the state council for
interstate juvenile supervision for the state, shall appoint
another authorized representative, in the absence of the
commissioner from that state, to cast a vote on behalf of the
compacting state at a specified meeting. The interstate
commission's bylaws may provide for members' participation in
meetings by telephone or other means of telecommunication or
electronic communication.
(H) The interstate commission's bylaws shall establish
conditions and procedures under which the interstate commission
shall make its information and official records available to the
public for inspection or copying. The interstate commission may
exempt from disclosure any information or official records to the
extent the information or official records would adversely affect
personal privacy rights or proprietary interests.
(I) Public notice shall be given of all meetings of the
interstate commission, and all of its meetings shall be open to
the public, except as set forth in the commission's rules or as
otherwise provided in this compact. The interstate commission and
any of its committees may close a meeting to the public when it
determines by two-thirds vote that an open meeting would be likely
to do any of the following:
(1) Relate solely to the interstate commission's internal
personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by
statute;
(3) Disclose trade secrets or commercial or financial
information that is privileged or confidential;
(4) Involve accusing any person of a crime or formally
censuring any person;
(5) Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(6) Disclose investigative records compiled for law
enforcement purposes;
(7) Disclose information contained in or related to
examination, operating, or condition reports prepared by, or on
behalf of or for the use of, the interstate commission with
respect to a regulated person or entity for the purpose of
regulation or supervision of such person or entity;
(8) Disclose information, the premature disclosure of which
would significantly endanger the stability of a regulated person
or entity;
(9) Specifically relate to the interstate commission's
issuance of a subpoena or its participation in a civil action or
other legal proceeding.
(J) For every meeting closed pursuant to division (I) of this
Article of this compact, the interstate commission's legal counsel
shall publicly certify that, in the legal counsel's opinion, the
meeting may be closed to the public and shall reference each
relevant exemptive provision. The interstate commission shall keep
minutes that fully and clearly describe all matters discussed in
any meeting and that provide a full and accurate summary of any
actions taken, and the reasons for the actions, including a
description of each of the views expressed on any item and the
record of any roll call vote (reflected in the vote of each member
on the question). All documents considered in connection with any
action shall be identified in those minutes.
(K) The interstate commission shall collect standardized data
concerning the interstate movement of juveniles as directed
through its rules, which shall specify the data to be collected,
the means of collection and data exchange, and reporting
requirements. Such methods of data collection, exchange, and
reporting shall insofar as is reasonably possible conform to
up-to-date technology and coordinate the interstate commission's
information functions with the appropriate repository of records.
Article IV -- Powers and Duties of the Interstate Commission
The interstate commission shall maintain its corporate books
and records in accordance with its bylaws.
The interstate commission shall have all of the following
powers and duties:
(A) To provide for dispute resolution among compacting
states;
(B) To promulgate rules to affect the purposes and
obligations as enumerated in this compact, which rules shall have
the force and effect of statutory law and shall be binding in the
compacting states to the extent and in the manner provided in this
compact;
(C) To oversee, supervise, and coordinate the interstate
movement of juveniles, subject to the terms of this compact and
any bylaws adopted and rules promulgated by the interstate
commission;
(D) To enforce compliance with the provisions of this
compact, the rules promulgated by the interstate commission, and
the interstate commission's bylaws, using all necessary and proper
means, including but not limited to the use of judicial process;
(E) To establish and maintain offices, which shall be located
within one or more of the compacting states;
(F) To purchase and maintain insurance and bonds;
(G) To borrow, accept, hire, or contract for services of
personnel;
(H) To establish and appoint committees and hire staff that
it considers necessary for the carrying out of its functions,
including, but not limited to, an executive committee as required
by Article III of this compact, which executive committee shall
have the power to act on behalf of the interstate commission in
carrying out its powers and duties under this compact;
(I) To elect or appoint officers, attorneys, employees,
agents, or consultants, to fix their compensation, define their
duties, and determine their qualifications, and to establish the
interstate commission's personnel policies and programs relating
to, inter alia, conflicts of interest, rates of compensation, and
qualifications of personnel;
(J) To accept any and all donations and grants of money,
equipment, supplies, materials, and services and to receive,
utilize, and dispose of same;
(K) To lease, purchase, accept contributions or donations of,
or otherwise to own, hold, improve, or use any real property,
personal property, or mixed real and personal property;
(L) To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any real property, personal
property, or mixed real and personal property;
(M) To establish a budget and make expenditures and levy dues
as provided in Article VIII of this compact;
(O) To adopt a seal and bylaws governing the management and
operation of the interstate commission;
(P) To perform any functions that may be necessary or
appropriate to achieve the purposes of this compact;
(Q) To report annually to the legislatures, governors,
judiciary, and state councils for interstate juvenile supervision
of the compacting states concerning the activities of the
interstate commission during the preceding year, and with the
annual reports also including any recommendations that may have
been adopted by the interstate commission.
(R) To coordinate education, training, and public awareness
regarding the interstate movement of juveniles for officials
involved in such activity.
(S) To establish uniform standards of the reporting,
collecting and exchanging of data.
Article V -- Organization and Operation of the Interstate
Commission
The interstate commission, by a majority of the members
present and voting and within twelve months after the first
interstate commission meeting, shall adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the
purposes of this compact, including, but not limited to, bylaws
that do all of the following:
(1) Establish the fiscal year of the interstate commission;
(2) Establish an executive committee and any other committees
that may be necessary;
(3) Provide for the establishment of committees governing any
general or specific delegation of any authority or function of the
interstate commission;
(4) Provide reasonable procedures for calling and conducting
meetings of the interstate commission and ensuring reasonable
notice of each such meeting;
(5) Establish the titles and responsibilities of the officers
of the interstate commission;
(6) Provide a mechanism for concluding the operations of the
interstate commission and the return of any surplus funds that may
exist upon the termination of this compact after the payment or
reserving of all of its debts and obligations, or both;
(7) Provide start-up rules for initial administration of this
compact;
(8) Establish standards and procedures for compliance and
technical assistance in carrying out this compact.
Section B. Officers and Staff
(1) The interstate commission, by a majority of the members,
shall elect annually from among its members a chairperson and a
vice chairperson, each of whom shall have such authority and
duties as may be specified in the interstate commission's bylaws.
The chairperson or, in the chairperson's absence or disability,
the vice chairperson shall preside at all meetings of the
interstate commission. The officers so elected shall serve without
compensation or remuneration from the interstate commission;
provided that, subject to the availability of budgeted funds, the
officers shall be reimbursed for any ordinary and necessary costs
and expenses incurred by them in the performance of their duties
and responsibilities as officers of the interstate commission.
(2) The interstate commission, through its executive
committee, shall appoint or retain an executive director for such
period, upon such terms and conditions, and for such compensation
as the interstate commission considers appropriate. The executive
director shall serve as secretary to the interstate commission but
shall not be a member of the interstate commission. The executive
director shall hire and supervise such other staff as may be
authorized by the interstate commission.
Section C. Qualified Immunity, Defense, and Indemnification
(1) Except as otherwise provided in this subsection, the
interstate commission's executive director and each of its
employees shall be immune from suit and liability, either
personally or in the executive director's or employee's official
capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused or arising out of
or relating to any actual or alleged act, error, or omission that
occurred, or that the executive director or employee had a
reasonable basis for believing occurred, within the scope of
commission employment, duties, or responsibilities. The executive
director or an employee shall not be protected from suit or
liability for any damage, loss, injury, or liability caused by the
executive director's or employee's willful and wanton misconduct
of any such person.
(2) The liability of any commissioner, or the employee or
agent of a commissioner, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring
within such person's state may not exceed the limits of liability
set forth under the constitution and laws of that state for state
officials, employees, and agents. Nothing in this subsection shall
be construed to protect any such person from suit or liability for
any damage, loss, injury, or liability caused by the intentional
or willful and wanton misconduct of any such person.
(3) Except as otherwise provided in this subsection, the
interstate commission shall defend the executive director or the
employees or representatives of the interstate commission and,
subject to the approval of the attorney general of the state
represented by any commissioner of a compacting state, shall
defend such commissioner or the commissioner's representatives or
employees in any civil action seeking to impose liability arising
out of any actual or alleged act, error, or omission that occurred
within the scope of interstate commission employment, duties, or
responsibilities, or that the defendant had a reasonable basis for
believing occurred within the scope of interstate commission
employment, duties, or responsibilities. The duty to defend
described in this division does not apply if the actual or alleged
act, error, or omission in question resulted from intentional or
willful and wanton misconduct on the part of the executive
director, employee, or representative of the interstate commission
or the commissioner of a compacting state or the commissioner's
representatives or employees.
(4) Except as otherwise provided in this subsection, the
interstate commission shall indemnify and hold the commissioner of
a compacting state, or the commissioner's representatives or
employees, or the interstate commission's representatives or
employees, harmless in the amount of any settlement or judgment
obtained against such persons arising out of any actual or alleged
act, error, or omission that occurred within the scope of
interstate commission employment, duties, or responsibilities, or
that such persons had a reasonable basis for believing occurred
within the scope of interstate commission employment, duties, or
responsibilities. The duty to indemnify and hold harmless
described in this division does not apply if the actual or alleged
act, error, or omission in question resulted from intentional or
willful and wanton misconduct on the part of the commissioner of a
compacting state or the commissioner's representatives or
employees or the interstate commission's representatives or
employees.
Article VI -- Rulemaking Functions of the Interstate Commission
(A) The interstate commission shall promulgate and publish
rules in order to effectively and efficiently achieve the purposes
of this compact.
(B) Rulemaking shall occur pursuant to the criteria set forth
in this Article and the bylaws and rules adopted pursuant thereto.
The rulemaking shall substantially conform to the principles of
the "Model State Administrative Procedures Act," 1981 Act, Uniform
Laws Annotated, Vol. 15, p. 1 (2000), or another administrative
procedures act, as the interstate commission determines
appropriate consistent with due process requirements under the
United States Constitution as now or hereafter interpreted by the
United States Supreme Court. All rules and amendments shall become
binding as of the date specified, as published with the final
version of the rule as approved by the interstate commission.
(C) When promulgating a rule, the interstate commission, at a
minimum, shall do all of the following:
(1) Publish the proposed rule's entire text stating the
reason or reasons for that proposed rule;
(2) Allow and invite any and all persons to submit written
data, facts, opinions, and arguments, which information shall be
added to the record and be made publicly available;
(3) Provide an opportunity for an informal hearing, if
petitioned by ten or more persons;
(4) Promulgate a final rule and its effective date, if
appropriate, based on input from state or local officials, or
interested parties.
(D) When the interstate commission promulgates a rule, not
later than sixty days after the rule is promulgated, any
interested person may file a petition in the United States
district court for the District of Columbia or in the federal
district court where the interstate commission's principal office
is located, for judicial review of the rule. If the court finds
that the interstate commission's action is not supported by
substantial evidence in the rulemaking record, the court shall
hold the rule unlawful and set it aside. For purposes of this
division, evidence is substantial if it would be considered
substantial evidence under the "Model State Administrative
Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1
(2000).
(E) If a majority of the legislatures of the compacting
states rejects a rule, those states, by enactment of a statute or
resolution in the same manner used to adopt the compact, may cause
that such rule shall have no further force and effect in any
compacting state.
(F) The existing rules governing the operation of the
interstate compact on juveniles that is superseded by this compact
shall be null and void twelve months after the first meeting of
the interstate commission created under this compact.
(G) Upon determination by the interstate commission that a
state of emergency exists, it may promulgate an emergency rule. An
emergency rule so promulgated shall become effective immediately
upon adoption, provided that the usual rulemaking procedures
specified in this Article shall be retroactively applied to the
emergency rule as soon as reasonably possible, but not later than
ninety days after the effective date of the emergency rule.
Article VII -- Oversight, Enforcement, and Dispute Resolution by
the Interstate Commission
A Oversight and Enforcement
(1) The interstate commission shall oversee the
administration and operations of the interstate movement of
juveniles subject to this compact in the compacting states and
shall monitor such activities being administered in noncompacting
states that may significantly affect compacting states.
(2) The courts and executive agencies in each compacting
state shall enforce this compact and shall take all actions
necessary and appropriate to effectuate this compact's purposes
and intent. The provisions of this compact and the rules
promulgated under it shall be received by all the judges, public
officers, commissions, and departments of the state government as
evidence of the authorized statute and administrative rules. All
courts shall take judicial notice of the compact and the rules. In
any judicial or administrative proceeding in a compacting state
pertaining to the subject matter of this compact that may affect
the powers, responsibilities, or actions of the interstate
commission, the interstate commission shall be entitled to receive
all service of process in the proceeding and shall have standing
to intervene in the proceeding for all purposes.
Section B. Dispute Resolution
(1) The compacting states shall report to the interstate
commission on all issues and activities necessary for the
administration of this compact and on all issues and activities
pertaining to compliance with the provisions of this compact and
the interstate commission's bylaws and rules.
(2) The interstate commission, upon the request of a
compacting state, shall attempt to resolve any disputes or other
issues that are subject to this compact and that may arise among
compacting states and between compacting and non-compacting
states. The interstate commission shall promulgate a rule
providing for both mediation and binding dispute resolution for
disputes among the compacting states.
(3) The interstate commission, in the reasonable exercise of
its discretion, shall enforce the provisions and rules of this
compact using any or all means set forth in Article XI of this
compact.
Article VIII -- Finance
(A) The interstate commission shall pay or provide for the
payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
(B) The interstate commission shall levy on and collect an
annual assessment from each compacting state to cover the cost of
the internal operations and activities of the interstate
commission and its staff. The annual assessment shall be in a
total amount sufficient to cover the interstate commission's
annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be
determined by the interstate commission, taking into consideration
the population of each compacting state and the volume of
interstate movement of juveniles in each compacting state. The
interstate commission shall promulgate a rule binding upon all
compacting states that governs the assessment.
(C) The interstate commission shall not incur any obligations
of any kind prior to securing the funds adequate to meet the
obligations. The interstate commission shall not pledge the credit
of any of the compacting states, except by and with the authority
of the compacting state.
(D) The interstate commission shall keep accurate accounts of
all receipts and disbursements. The receipts and disbursements of
the interstate commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all
receipts and disbursements of funds handled by the interstate
commission shall be audited yearly by a certified or licensed
public accountant and the report of the audit shall be included in
and become part of the annual report of the interstate commission.
Article IX -- The State Council
Each compacting state shall create a state council for
interstate juvenile supervision. While each compacting state may
determine the membership of its own state council, its membership
must include at least one representative from the legislative,
judicial, and executive branches of government, victims groups,
and the compact administrator or designee. Each compacting state
retains the right to determine the qualifications of the compact
administrator for the state. Each state council shall advise and
may exercise oversight and advocacy concerning that state's
participation in interstate commission activities and other duties
as may be determined by that state, including but not limited to,
development of policy concerning operations and procedures of the
compact within that state.
Article X – Compacting States, Effective Date, and Amendment
(A) Any state, as defined in Article II of this compact, is
eligible to become a compacting state.
(B) This compact shall become effective and binding upon
legislative enactment of the compact into law by no less than
thirty-five of the states. The initial effective date shall be the
later of July 1, 2004, or upon enactment into law by the
thirty-fifth jurisdiction. Thereafter, this compact shall become
effective and binding as to any other compacting state upon
enactment of this compact into law by that state. The governors of
non-compacting states or their designees shall be invited to
participate in the activities of the interstate commission on a
non-voting basis prior to adoption of this compact by all states.
(C) The interstate commission may propose amendments to this
compact for enactment by the compacting states. No amendment shall
become effective and binding upon the interstate commission and
the compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.
Article XI – Withdrawal, Default, Termination, and Judicial
Enforcement
(1) Once effective, this compact shall continue in force and
remain binding upon each and every compacting state, provided that
a compacting state may withdraw from this compact by specifically
repealing the statute that enacted this compact into law.
(2) The effective date of withdrawal of a compacting state is
the effective date of the state's repeal of the statute that
enacted this compact into law.
(3) A compacting state that withdraws from this compact shall
immediately notify the chairperson of the interstate commission in
writing upon the introduction of legislation repealing this
compact in the withdrawing state. The interstate commission shall
notify the other compacting states of the withdrawing state's
intent to withdraw within sixty days of the interstate
commission's receipt of the notice from the withdrawing state.
(4) A compacting state that withdraws from this compact is
responsible for all assessments, obligations, and liabilities
incurred through the effective date of withdrawal, including any
obligations, the performance of which extend beyond the effective
date of withdrawal.
(5) If a compacting state withdraws from this compact,
reinstatement of the withdrawing state following withdrawal shall
occur upon the withdrawing state reenacting this compact or upon
such later date as determined by the interstate commission.
Section B. Technical Assistance, Fines, Suspension,
Termination, and Default
(1) If the interstate commission determines that any
compacting state has at any time defaulted in the performance of
any of its obligations or responsibilities under this compact, or
under the interstate commission's bylaws or duly promulgated
rules, the interstate commission may impose one or more of the
following penalties:
(a) Remedial training and technical assistance as directed by
the interstate commission;
(b) Alternative dispute resolution;
(c) Fines, fees, and costs in such amounts as are deemed to
be reasonable as fixed by the interstate commission;
(d) Suspension or termination of membership in this compact,
provided that suspension or termination of membership shall be
imposed only after all other reasonable means of securing
compliance under the bylaws and rules have been exhausted and the
interstate commission has therefore determined that the offending
state is in default. Immediate notice of suspension shall be given
by the interstate commission to the governor of the defaulting
state, its chief justice or the chief judicial officer, the
majority and minority leaders of its state legislature, and the
state council for interstate juvenile supervision. The grounds for
default include, but are not limited to, failure of a compacting
state to perform such obligations or responsibilities imposed upon
it by this compact, by the interstate commission's bylaws, or by
its duly promulgated rules, and any other grounds designated in
commission bylaws and rules. The interstate commission shall
immediately notify the defaulting state in writing of the penalty
imposed by the interstate commission and of the default pending a
cure of the default. The interstate commission shall stipulate the
conditions and the time period within which the defaulting state
must cure its default. If the defaulting state fails to cure the
default within the time period specified by the interstate
commission, the defaulting state shall be terminated from this
compact upon an affirmative vote of a majority of the compacting
states and all rights, privileges, and benefits conferred by this
compact shall be terminated from the effective date of
termination.
(2) Within sixty days of the effective date of termination of
a defaulting compacting state, the interstate commission shall
notify the defaulting state's governor, its chief justice or chief
judicial officer, the majority and minority leaders of its state
legislature, and the state council for interstate juvenile
supervision of the termination.
(3) A defaulting compacting state is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including any obligations the
performance of which extends beyond the effective date of
termination.
(4) The interstate commission shall not bear any costs
relating to a defaulting compacting state unless otherwise
mutually agreed upon in writing between the interstate commission
and the defaulting state.
(5) If a defaulting compacting state is terminated,
reinstatement of the defaulting state following termination
requires both a reenactment of the compact by the defaulting state
and the approval of the interstate commission pursuant to its
rules.
Section C. Judicial Enforcement
The interstate commission, by majority vote of the members,
may initiate legal action against any compacting state to enforce
compliance with the provisions of this compact, and the interstate
commission's duly promulgated rules and bylaws. Any such action,
if initiated, shall be initiated in the United States district
court for the District of Columbia or, at the discretion of the
interstate commission, in the federal district where the
interstate commission has its offices. In the event judicial
enforcement is necessary, the prevailing party shall be awarded
all costs of the litigation including reasonable attorney's fees.
(1) This compact dissolves effective upon the date of the
withdrawal or default of the compacting state, which reduces
membership in this compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes
null and void and shall be of no further force or effect, the
business and affairs of the interstate commission shall be
concluded, and any surplus funds shall be distributed in
accordance with the interstate commission's bylaws.
Article XII – Severability and Construction
(A) The provisions of this compact shall be severable, and if
any phrase, clause, sentence, or provision is deemed
unenforceable, the remaining provisions of the compact shall be
enforceable.
(B) The provisions of this compact shall be liberally
construed to effectuate its purposes.
Article XIII – Binding Effect of Compact and Other Laws
(1) Nothing in this compact prevents the enforcement of any
other law of a compacting state that is not inconsistent with this
compact.
(2) All compacting states' laws, other than state
constitutions and other interstate compacts, conflicting with this
compact are superseded to the extent of the conflict.
Section B. Binding Effect of the Compact
(1) All lawful actions of the interstate commission,
including all rules and bylaws promulgated by the interstate
commission, are binding upon the compacting states.
(2) All agreements between the interstate commission and the
compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over the
meaning or interpretation of interstate commission actions, and
upon a majority vote of the compacting states, the interstate
commission may issue advisory opinions regarding that meaning or
interpretation.
(4) In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any compacting
state, the obligations, duties, powers, or jurisdiction sought to
be conferred by that provision upon the interstate commission
shall be ineffective and such obligations, duties, powers, or
jurisdiction shall remain in the compacting state and shall be
exercised by the agency of that state to which such obligations,
duties, powers, or jurisdiction are delegated by law in effect at
the time this compact becomes effective.
Article XIV – Financial Reimbursement
The state agency responsible for administering this compact
shall have the legal authority to recoup fines, fees and costs
imposed by the interstate commission as stated in Article XI,
Section B, Subsection (1)(c) of this compact when the default in
performance is the result of a decision made by an entity outside
the jurisdiction of the agency administering this compact.
Sec. 2151.57. (A) As used in sections 2151.57 to 2151.59 of
the Revised Code:
(1) "Interstate compact for juveniles" means the interstate
compact for juveniles ratified, enacted into law, and entered into
by this state pursuant to section 2151.56 of the Revised Code.
(2) "Bylaws," "commissioner," "compact administrator," and
"interstate commission for juveniles" have the same meanings as in
section 2151.56 of the Revised Code.
(B) The state council for interstate juvenile supervision is
hereby established within the department of youth services. The
council shall consist of the following members:
(1) One member who is the compact administrator or the
designee of the compact administrator;
(2) One member of the house of representatives appointed by
the speaker of the house of representatives;
(3) One member of the senate appointed by the president of
the senate;
(4) One member who is a representative of the executive
branch of state government, in addition to the member described in
division (B)(1) of this section, appointed by the governor;
(5) One member who is a representative of the judiciary, who
shall be a juvenile court judge appointed by the chief justice of
the supreme court;
(6) One member who is a person who represents an organization
that advocates for the rights of victims of crime or a delinquent
act, appointed by the governor.
(C) The state council for interstate juvenile supervision
shall advise and may exercise oversight and advocacy concerning
this state's participation in activities of the interstate
commission for juveniles, shall develop policy for this state
concerning operations and procedures of the interstate compact for
juveniles within this state, and shall perform other duties
assigned to state councils under that compact.
Sec. 2151.58. (A) The governor shall appoint the director of
youth services as the compact administrator for the interstate
compact for juveniles.
(B) The governor shall appoint the compact administrator or
shall allow the compact administrator to appoint a designee to
serve as the commissioner from this state on the interstate
commission for juveniles.
Sec. 2151.59. (A) The department of youth services is the
state agency responsible for administering the interstate compact
for juveniles in this state.
(B) The department of youth services shall pay all of the
following:
(1) The annual assessment charged to this state for
participating in the interstate compact for juveniles;
(2) All fines, fees, or costs assessed against this state by
the interstate commission for juveniles for any default in the
performance of this state's obligations or responsibilities under
the compact, the bylaws, or rules duly promulgated under the
compact.
Sec. 2152.26. (A) Except as provided in divisions (B) and
(F) of this section, a child alleged to be or adjudicated a
delinquent child or a juvenile traffic offender may be held only
in the following places:
(1) A certified foster home or a home approved by the court;
(2) A facility operated by a certified child welfare agency;
(3) Any other suitable place designated by the court.
(B) In addition to the places listed in division (A) of this
section, a child alleged to be or adjudicated a delinquent child
may be held in a detention facility for delinquent children that
is under the direction or supervision of the court or other public
authority or of a private agency and approved by the court and a
child adjudicated a delinquent child may be held in accordance
with division (F)(2) of this section in a facility of a type
specified in that division. Division (B) of this section does not
apply to a child alleged to be or adjudicated a delinquent child
for chronic truancy, unless the child violated a lawful court
order made pursuant to division (A)(6) of section 2152.19 of the
Revised Code. Division (B) of this section also does not apply to
a child alleged to be or adjudicated a delinquent child for being
an habitual truant who previously has been adjudicated an unruly
child for being an habitual truant, unless the child violated a
lawful court order made pursuant to division (C)(1)(e) of section
2151.354 of the Revised Code.
(C)(1) Except as provided under division (C)(1) of section
2151.311 of the Revised Code or division (A)(5) of section 2152.21
of the Revised Code, a child alleged to be or adjudicated a
juvenile traffic offender may not be held in any of the following
facilities:
(a) A state correctional institution, county, multicounty, or
municipal jail or workhouse, or other place in which an adult
convicted of crime, under arrest, or charged with a crime is held.
(b) A secure correctional facility.
(2) Except as provided under this section, sections 2151.56
to 2151.61 2151.59, and divisions (A)(5) and (6) of section
2152.21 of the Revised Code, a child alleged to be or adjudicated
a juvenile traffic offender may not be held for more than
twenty-four hours in a detention facility.
(D) Except as provided in division (F) of this section or in
division (C) of section 2151.311, in division (C)(2) of section
5139.06 and section 5120.162, or in division (B) of section
5120.16 of the Revised Code, a child who is alleged to be or is
adjudicated a delinquent child may not be held in a state
correctional institution, county, multicounty, or municipal jail
or workhouse, or other place where an adult convicted of crime,
under arrest, or charged with crime is held.
(E) Unless the detention is pursuant to division (F) of this
section or division (C) of section 2151.311, division (C)(2) of
section 5139.06 and section 5120.162, or division (B) of section
5120.16 of the Revised Code, the official in charge of the
institution, jail, workhouse, or other facility shall inform the
court immediately when a child, who is or appears to be under the
age of eighteen years, is received at the facility, and shall
deliver the child to the court upon request or transfer the child
to a detention facility designated by the court.
(F)(1) If a case is transferred to another court for criminal
prosecution pursuant to section 2152.12 of the Revised Code, the
child may be transferred for detention pending the criminal
prosecution in a jail or other facility in accordance with the law
governing the detention of persons charged with crime. Any child
so held shall be confined in a manner that keeps the child beyond
the range of touch of all adult detainees. The child shall be
supervised at all times during the detention.
(2) If a person is adjudicated a delinquent child or juvenile
traffic offender and the court makes a disposition of the person
under this chapter, at any time after the person attains eighteen
years of age, the person may be held under that disposition in
places other than those specified in division (A) of this section,
including, but not limited to, a county, multicounty, or municipal
jail or workhouse, or other place where an adult convicted of
crime, under arrest, or charged with crime is held.
(3)(a) A person alleged to be a delinquent child may be held
in places other than those specified in division (A) of this
section, including, but not limited to, a county, multicounty, or
municipal jail, if the delinquent act that the child allegedly
committed would be a felony if committed by an adult, and if
either of the following applies:
(i) The person attains eighteen years of age before the
person is arrested or apprehended for that act.
(ii) The person is arrested or apprehended for that act
before the person attains eighteen years of age, but the person
attains eighteen years of age before the court orders a
disposition in the case.
(b) If, pursuant to division (F)(3)(a) of this section, a
person is held in a place other than a place specified in division
(A) of this section, the person has the same rights to bail as an
adult charged with the same offense who is confined in a jail
pending trial.
Sec. 2152.72. (A) This section applies only to a child who
is or previously has been adjudicated a delinquent child for an
act to which any of the following applies:
(1) The act is a violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or
2907.05 of the Revised Code.
(2) The act is a violation of section 2923.01 of the Revised
Code and involved an attempt to commit aggravated murder or
murder.
(3) The act would be a felony if committed by an adult, and
the court determined that the child, if an adult, would be guilty
of a specification found in section 2941.141, 2941.144, or
2941.145 of the Revised Code or in another section of the Revised
Code that relates to the possession or use of a firearm during the
commission of the act for which the child was adjudicated a
delinquent child.
(4) The act would be an offense of violence that is a felony
if committed by an adult, and the court determined that the child,
if an adult, would be guilty of a specification found in section
2941.1411 of the Revised Code or in another section of the Revised
Code that relates to the wearing or carrying of body armor during
the commission of the act for which the child was adjudicated a
delinquent child.
(B)(1) Except as provided in division (E) of this section, a
public children services agency, private child placing agency,
private noncustodial agency, or court, the department of youth
services, or another private or government entity shall not place
a child in a certified foster home or for adoption until it
provides the foster caregivers or prospective adoptive parents
with all of the following:
(a) A written report describing the child's social history;
(b) A written report describing all the acts committed by the
child the entity knows of that resulted in the child being
adjudicated a delinquent child and the disposition made by the
court, unless the records pertaining to the acts have been sealed
pursuant to section 2151.356 of the Revised Code;
(c) A written report describing any other violent act
committed by the child of which the entity is aware;
(d) The substantial and material conclusions and
recommendations of any psychiatric or psychological examination
conducted on the child or, if no psychological or psychiatric
examination of the child is available, the substantial and
material conclusions and recommendations of an examination to
detect mental and emotional disorders conducted in compliance with
the requirements of Chapter 4757. of the Revised Code by an
independent social worker, social worker, professional clinical
counselor, or professional counselor licensed under that chapter.
The entity shall not provide any part of a psychological,
psychiatric, or mental and emotional disorder examination to the
foster caregivers or prospective adoptive parents other than the
substantial and material conclusions.
(2) Notwithstanding sections 2151.356 to 2151.358 of the
Revised Code, if records of an adjudication that a child is a
delinquent child have been sealed pursuant to those sections and
an entity knows the records have been sealed, the entity shall
provide the foster caregivers or prospective adoptive parents a
written statement that the records of a prior adjudication have
been sealed.
(C)(1) The entity that places the child in a certified foster
home or for adoption shall conduct a psychological examination of
the child unless either of the following applies:
(a) An entity is not required to conduct the examination if
an examination was conducted no more than one year prior to the
child's placement, and division (C)(1)(b) of this section does not
apply.
(b) An entity is not required to conduct the examination if a
foster caregiver seeks to adopt the foster caregiver's foster
child, and an examination was conducted no more than two years
prior to the date the foster caregiver seeks to adopt the child.
(2) No later than sixty days after placing the child, the
entity shall provide the foster caregiver or prospective adoptive
parents a written report detailing the substantial and material
conclusions and recommendations of the examination conducted
pursuant to this division.
(D)(1) Except as provided in divisions (D)(2) and (3) of this
section, the expenses of conducting the examinations and preparing
the reports and assessment required by division (B) or (C) of this
section shall be paid by the entity that places the child in the
certified foster home or for adoption.
(2) When a juvenile court grants temporary or permanent
custody of a child pursuant to any section of the Revised Code,
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the
Revised Code, to a public children services agency or private
child placing agency, the court shall provide the agency the
information described in division (B) of this section, pay the
expenses of preparing that information, and, if a new examination
is required to be conducted, pay the expenses of conducting the
examination described in division (C) of this section. On receipt
of the information described in division (B) of this section, the
agency shall provide to the court written acknowledgment that the
agency received the information. The court shall keep the
acknowledgment and provide a copy to the agency. On the motion of
the agency, the court may terminate the order granting temporary
or permanent custody of the child to that agency, if the court
does not provide the information described in division (B) of this
section.
(3) If one of the following entities is placing a child in a
certified foster home or for adoption with the assistance of or by
contracting with a public children services agency, private child
placing agency, or a private noncustodial agency, the entity shall
provide the agency with the information described in division (B)
of this section, pay the expenses of preparing that information,
and, if a new examination is required to be conducted, pay the
expenses of conducting the examination described in division (C)
of this section:
(a) The department of youth services if the placement is
pursuant to any section of the Revised Code including section
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised
Code;
(b) A juvenile court with temporary or permanent custody of a
child pursuant to section 2151.354 or 2152.19 of the Revised Code;
(c) A public children services agency or private child
placing agency with temporary or permanent custody of the child.
The agency receiving the information described in division
(B) of this section shall provide the entity described in division
(D)(3)(a) to (c) of this section that sent the information written
acknowledgment that the agency received the information and
provided it to the foster caregivers or prospective adoptive
parents. The entity shall keep the acknowledgment and provide a
copy to the agency. An entity that places a child in a certified
foster home or for adoption with the assistance of or by
contracting with an agency remains responsible to provide the
information described in division (B) of this section to the
foster caregivers or prospective adoptive parents unless the
entity receives written acknowledgment that the agency provided
the information.
(E) If a child is placed in a certified foster home as a
result of an emergency removal of the child from home pursuant to
division (D) of section 2151.31 of the Revised Code, an emergency
change in the child's case plan pursuant to division
(E)(F)(3) of
section 2151.412 of the Revised Code, or an emergency placement by
the department of youth services pursuant to this chapter or
Chapter 5139. of the Revised Code, the entity that places the
child in the certified foster home shall provide the information
described in division (B) of this section no later than ninety-six
hours after the child is placed in the certified foster home.
(F) On receipt of the information described in divisions (B)
and (C) of this section, the foster caregiver or prospective
adoptive parents shall provide to the entity that places the child
in the foster caregiver's or prospective adoptive parents' home a
written acknowledgment that the foster caregiver or prospective
adoptive parents received the information. The entity shall keep
the acknowledgment and provide a copy to the foster caregiver or
prospective adoptive parents.
(G) No person employed by an entity subject to this section
and made responsible by that entity for the child's placement in a
certified foster home or for adoption shall fail to provide the
foster caregivers or prospective adoptive parents with the
information required by divisions (B) and (C) of this section.
(H) It is not a violation of any duty of confidentiality
provided for in the Revised Code or a code of professional
responsibility for a person or government entity to provide the
substantial and material conclusions and recommendations of a
psychiatric or psychological examination, or an examination to
detect mental and emotional disorders, in accordance with division
(B)(1)(d) or (C) of this section.
(I) As used in this section:
(1) "Body armor" has the same meaning as in section 2941.1411
of the Revised Code.
(2) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
Sec. 2301.03. (A) In Franklin county, the judges of the
court of common pleas whose terms begin on January 1, 1953,
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,
1997, and successors, shall have the same qualifications, exercise
the same powers and jurisdiction, and receive the same
compensation as other judges of the court of common pleas of
Franklin county and shall be elected and designated as judges of
the court of common pleas, division of domestic relations. They
shall have all the powers relating to juvenile courts, and all
cases under Chapters 2151. and 2152. of the Revised Code, all
parentage proceedings under Chapter 3111. of the Revised Code over
which the juvenile court has jurisdiction, and all divorce,
dissolution of marriage, legal separation, and annulment cases
shall be assigned to them. In addition to the judge's regular
duties, the judge who is senior in point of service shall serve on
the children services board and the county advisory board and
shall be the administrator of the domestic relations division and
its subdivisions and departments.
(1) The judge of the court of common pleas, whose term begins
on January 1, 1957, and successors, and the judge of the court of
common pleas, whose term begins on February 14, 1967, and
successors, shall be the juvenile judges as provided in Chapters
2151. and 2152. of the Revised Code, with the powers and
jurisdiction conferred by those chapters.
(2) The judges of the court of common pleas whose terms begin
on January 5, 1957, January 16, 1981, and July 1, 1991, and
successors, shall be elected and designated as judges of the court
of common pleas, division of domestic relations, and shall have
assigned to them all divorce, dissolution of marriage, legal
separation, and annulment cases coming before the court. On or
after the first day of July and before the first day of August of
1991 and each year thereafter, a majority of the judges of the
division of domestic relations shall elect one of the judges of
the division as administrative judge of that division. If a
majority of the judges of the division of domestic relations are
unable for any reason to elect an administrative judge for the
division before the first day of August, a majority of the judges
of the Hamilton county court of common pleas, as soon as possible
after that date, shall elect one of the judges of the division of
domestic relations as administrative judge of that division. The
term of the administrative judge shall begin on the earlier of the
first day of August of the year in which the administrative judge
is elected or the date on which the administrative judge is
elected by a majority of the judges of the Hamilton county court
of common pleas and shall terminate on the date on which the
administrative judge's successor is elected in the following year.
In addition to the judge's regular duties, the administrative
judge of the division of domestic relations shall be the
administrator of the domestic relations division and its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
division engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases,
including any referees considered necessary by the judges in the
discharge of their various duties.
The administrative judge of the division of domestic
relations also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division, and shall fix the duties of its
personnel. The duties of the personnel, in addition to those
provided for in other sections of the Revised Code, shall include
the handling, servicing, and investigation of divorce, dissolution
of marriage, legal separation, and annulment cases and counseling
and conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
The board of county commissioners shall appropriate the sum
of money each year as will meet all the administrative expenses of
the division of domestic relations, including reasonable expenses
of the domestic relations judges and the division counselors and
other employees designated to conduct the handling, servicing, and
investigation of divorce, dissolution of marriage, legal
separation, and annulment cases, conciliation and counseling, and
all matters relating to those cases and counseling, and the
expenses involved in the attendance of division personnel at
domestic relations and welfare conferences designated by the
division, and the further sum each year as will provide for the
adequate operation of the division of domestic relations.
The compensation and expenses of all employees and the salary
and expenses of the judges shall be paid by the county treasurer
from the money appropriated for the operation of the division,
upon the warrant of the county auditor, certified to by the
administrative judge of the division of domestic relations.
The summonses, warrants, citations, subpoenas, and other
writs of the division may issue to a bailiff, constable, or staff
investigator of the division or to the sheriff of any county or
any marshal, constable, or police officer, and the provisions of
law relating to the subpoenaing of witnesses in other cases shall
apply insofar as they are applicable. When a summons, warrant,
citation, subpoena, or other writ is issued to an officer, other
than a bailiff, constable, or staff investigator of the division,
the expense of serving it shall be assessed as a part of the costs
in the case involved.
(3) The judge of the court of common pleas of Hamilton county
whose term begins on January 3, 1997, and the successors to that
judge shall each be elected and designated as the drug court judge
of the court of common pleas of Hamilton county. The drug court
judge may accept or reject any case referred to the drug court
judge under division (B)(3) of this section. After the drug court
judge accepts a referred case, the drug court judge has full
authority over the case, including the authority to conduct
arraignment, accept pleas, enter findings and dispositions,
conduct trials, order treatment, and if treatment is not
successfully completed pronounce and enter sentence.
A judge of the general division of the court of common pleas
of Hamilton county and a judge of the Hamilton county municipal
court may refer to the drug court judge any case, and any
companion cases, the judge determines meet the criteria described
under divisions (B)(3)(a) and (b) of this section. If the drug
court judge accepts referral of a referred case, the case, and any
companion cases, shall be transferred to the drug court judge. A
judge may refer a case meeting the criteria described in divisions
(B)(3)(a) and (b) of this section that involves a violation of a
condition of a community control sanction to the drug court judge,
and, if the drug court judge accepts the referral, the referring
judge and the drug court judge have concurrent jurisdiction over
the case.
A judge of the general division of the court of common pleas
of Hamilton county and a judge of the Hamilton county municipal
court may refer a case to the drug court judge under division
(B)(3) of this section if the judge determines that both of the
following apply:
(a) One of the following applies:
(i) The case involves a drug abuse offense, as defined in
section 2925.01 of the Revised Code, that is a felony of the third
or fourth degree if the offense is committed prior to July 1,
1996, a felony of the third, fourth, or fifth degree if the
offense is committed on or after July 1, 1996, or a misdemeanor.
(ii) The case involves a theft offense, as defined in section
2913.01 of the Revised Code, that is a felony of the third or
fourth degree if the offense is committed prior to July 1, 1996, a
felony of the third, fourth, or fifth degree if the offense is
committed on or after July 1, 1996, or a misdemeanor, and the
defendant is drug or alcohol dependent or in danger of becoming
drug or alcohol dependent and would benefit from treatment.
(b) All of the following apply:
(i) The case involves an offense for which a community
control sanction may be imposed or is a case in which a mandatory
prison term or a mandatory jail term is not required to be
imposed.
(ii) The defendant has no history of violent behavior.
(iii) The defendant has no history of mental illness.
(iv) The defendant's current or past behavior, or both, is
drug or alcohol driven.
(v) The defendant demonstrates a sincere willingness to
participate in a fifteen-month treatment process.
(vi) The defendant has no acute health condition.
(vii) If the defendant is incarcerated, the county prosecutor
approves of the referral.
(4) If the administrative judge of the court of common pleas
of Hamilton county determines that the volume of cases pending
before the drug court judge does not constitute a sufficient
caseload for the drug court judge, the administrative judge, in
accordance with the Rules of Superintendence for Courts of Common
Pleas, shall assign individual cases to the drug court judge from
the general docket of the court. If the assignments so occur, the
administrative judge shall cease the assignments when the
administrative judge determines that the volume of cases pending
before the drug court judge constitutes a sufficient caseload for
the drug court judge.
(5) As used in division (B) of this section, "community
control sanction," "mandatory prison term," and "mandatory jail
term" have the same meanings as in section 2929.01 of the Revised
Code.
(a) The judges of the court of common pleas whose terms begin
on January 3, 1959, January 4, 1989, and January 2, 1999, and
successors, and the judge of the court of common pleas whose term
begins on February 9, 2009, shall have the same qualifications,
exercise the same powers and jurisdiction, and receive the same
compensation as the other judges of the court of common pleas of
Lorain county and shall be elected and designated as the judges of
the court of common pleas, division of domestic relations. The
judges of the court of common pleas whose terms begin on January
3, 1959, January 4, 1989, and January 2, 1999, and successors,
shall have all of the powers relating to juvenile courts, and all
cases under Chapters 2151. and 2152. of the Revised Code, all
parentage proceedings over which the juvenile court has
jurisdiction, and all divorce, dissolution of marriage, legal
separation, and annulment cases shall be assigned to them, except
cases that for some special reason are assigned to some other
judge of the court of common pleas. From February 9, 2009, through
September 28, 2009, the judge of the court of common pleas whose
term begins on February 9, 2009, shall have all the powers
relating to juvenile courts, and cases under Chapters 2151. and
2152. of the Revised Code, parentage proceedings over which the
juvenile court has jurisdiction, and divorce, dissolution of
marriage, legal separation, and annulment cases shall be assigned
to that judge, except cases that for some special reason are
assigned to some other judge of the court of common pleas.
(b) From January 1, 2006, through September 28, 2009, the
judges of the court of common pleas, division of domestic
relations, in addition to the powers and jurisdiction set forth in
division (C)(1)(a) of this section, shall have jurisdiction over
matters that are within the jurisdiction of the probate court
under Chapter 2101. and other provisions of the Revised Code.
(c) The judge of the court of common pleas, division of
domestic relations, whose term begins on February 9, 2009, is the
successor to the probate judge who was elected in 2002 for a term
that began on February 9, 2003. After September 28, 2009, the
judge of the court of common pleas, division of domestic
relations, whose term begins on February 9, 2009, shall be the
probate judge.
(2)(a) From February 9, 2009, through September 28, 2009,
with respect to Lorain county, all references in law to the
probate court shall be construed as references to the court of
common pleas, division of domestic relations, and all references
to the probate judge shall be construed as references to the
judges of the court of common pleas, division of domestic
relations.
(b) From February 9, 2009, through September 28, 2009, with
respect to Lorain county, all references in law to the clerk of
the probate court shall be construed as references to the judge
who is serving pursuant to Rule 4 of the Rules of Superintendence
for the Courts of Ohio as the administrative judge of the court of
common pleas, division of domestic relations.
(1) The judges of the court of common pleas whose terms begin
on January 1, 1955, and January 3, 1965, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Lucas county and shall be elected and
designated as judges of the court of common pleas, division of
domestic relations. All divorce, dissolution of marriage, legal
separation, and annulment cases shall be assigned to them.
The judge of the division of domestic relations, senior in
point of service, shall be considered as the presiding judge of
the court of common pleas, division of domestic relations, and
shall be charged exclusively with the assignment and division of
the work of the division and the employment and supervision of all
other personnel of the domestic relations division.
(2) The judges of the court of common pleas whose terms begin
on January 5, 1977, and January 2, 1991, and successors shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Lucas county, shall be elected and
designated as judges of the court of common pleas, juvenile
division, and shall be the juvenile judges as provided in Chapters
2151. and 2152. of the Revised Code with the powers and
jurisdictions conferred by those chapters. In addition to the
judge's regular duties, the judge of the court of common pleas,
juvenile division, senior in point of service, shall be the
administrator of the juvenile division and its subdivisions and
departments and shall have charge of the employment, assignment,
and supervision of the personnel of the division engaged in
handling, servicing, or investigating juvenile cases, including
any referees considered necessary by the judges of the division in
the discharge of their various duties.
The judge of the court of common pleas, juvenile division,
senior in point of service, also shall designate the title,
compensation, expense allowance, hours, leaves of absence, and
vacation of the personnel of the division and shall fix the duties
of the personnel of the division. The duties of the personnel, in
addition to other statutory duties include the handling,
servicing, and investigation of juvenile cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(3) If one of the judges of the court of common pleas,
division of domestic relations, or one of the judges of the
juvenile division is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in that
judge's division necessitates it, the duties shall be performed by
the judges of the other of those divisions.
(1) The judge of the court of common pleas whose term began
on January 1, 1955, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Mahoning county, shall be elected and designated
as judge of the court of common pleas, division of domestic
relations, and shall be assigned all the divorce, dissolution of
marriage, legal separation, and annulment cases coming before the
court. In addition to the judge's regular duties, the judge of the
court of common pleas, division of domestic relations, shall be
the administrator of the domestic relations division and its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
division engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases,
including any referees considered necessary in the discharge of
the various duties of the judge's office.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(2) The judge of the court of common pleas whose term began
on January 2, 1969, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Mahoning county, shall be elected and designated
as judge of the court of common pleas, juvenile division, and
shall be the juvenile judge as provided in Chapters 2151. and
2152. of the Revised Code, with the powers and jurisdictions
conferred by those chapters. In addition to the judge's regular
duties, the judge of the court of common pleas, juvenile division,
shall be the administrator of the juvenile division and its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
division engaged in handling, servicing, or investigating juvenile
cases, including any referees considered necessary by the judge in
the discharge of the judge's various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of juvenile cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties, or the volume of
cases pending in that judge's division necessitates it, that
judge's duties shall be performed by another judge of the court of
common pleas.
(F) In Montgomery county:
(1) The judges of the court of common pleas whose terms begin
on January 2, 1953, and January 4, 1977, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Montgomery county and shall be
elected and designated as judges of the court of common pleas,
division of domestic relations. These judges shall have assigned
to them all divorce, dissolution of marriage, legal separation,
and annulment cases.
The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the assignment
and division of the work of the division and shall have charge of
the employment and supervision of the personnel of the division
engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases,
including any necessary referees, except those employees who may
be appointed by the judge, junior in point of service, under this
section and sections 2301.12, and 2301.18, and 2301.19 of the
Revised Code. The judge of the division of domestic relations,
senior in point of service, also shall designate the title,
compensation, expense allowances, hours, leaves of absence, and
vacation of the personnel of the division and shall fix their
duties.
(2) The judges of the court of common pleas whose terms begin
on January 1, 1953, and January 1, 1993, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Montgomery county, shall be elected
and designated as judges of the court of common pleas, juvenile
division, and shall be, and have the powers and jurisdiction of,
the juvenile judge as provided in Chapters 2151. and 2152. of the
Revised Code.
In addition to the judge's regular duties, the judge of the
court of common pleas, juvenile division, senior in point of
service, shall be the administrator of the juvenile division and
its subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
juvenile division, including any necessary referees, who are
engaged in handling, servicing, or investigating juvenile cases.
The judge, senior in point of service, also shall designate the
title, compensation, expense allowances, hours, leaves of absence,
and vacation of the personnel of the division and shall fix their
duties. The duties of the personnel, in addition to other
statutory duties, shall include the handling, servicing, and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division.
If one of the judges of the court of common pleas, division
of domestic relations, or one of the judges of the court of common
pleas, juvenile division, is sick, absent, or unable to perform
that judge's duties or the volume of cases pending in that judge's
division necessitates it, the duties of that judge may be
performed by the judge or judges of the other of those divisions.
(1) The judge of the court of common pleas whose term begins
on January 1, 1957, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Richland county and shall be elected and
designated as judge of the court of common pleas, division of
domestic relations. That judge shall be assigned and hear all
divorce, dissolution of marriage, legal separation, and annulment
cases, all domestic violence cases arising under section 3113.31
of the Revised Code, and all post-decree proceedings arising from
any case pertaining to any of those matters. The division of
domestic relations has concurrent jurisdiction with the juvenile
division of the court of common pleas of Richland county to
determine the care, custody, or control of any child not a ward of
another court of this state, and to hear and determine a request
for an order for the support of any child if the request is not
ancillary to an action for divorce, dissolution of marriage,
annulment, or legal separation, a criminal or civil action
involving an allegation of domestic violence, or an action for
support brought under Chapter 3115. of the Revised Code. Except in
cases that are subject to the exclusive original jurisdiction of
the juvenile court, the judge of the division of domestic
relations shall be assigned and hear all cases pertaining to
paternity or parentage, the care, custody, or control of children,
parenting time or visitation, child support, or the allocation of
parental rights and responsibilities for the care of children, all
proceedings arising under Chapter 3111. of the Revised Code, all
proceedings arising under the uniform interstate family support
act contained in Chapter 3115. of the Revised Code, and all
post-decree proceedings arising from any case pertaining to any of
those matters.
In addition to the judge's regular duties, the judge of the
court of common pleas, division of domestic relations, shall be
the administrator of the domestic relations division and its
subdivisions and departments. The judge shall have charge of the
employment, assignment, and supervision of the personnel of the
domestic relations division, including any magistrates the judge
considers necessary for the discharge of the judge's duties. The
judge shall also designate the title, compensation, expense
allowances, hours, leaves of absence, vacation, and other
employment-related matters of the personnel of the division and
shall fix their duties.
(2) The judge of the court of common pleas whose term begins
on January 3, 2005, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Richland county, shall be elected and designated
as judge of the court of common pleas, juvenile division, and
shall be, and have the powers and jurisdiction of, the juvenile
judge as provided in Chapters 2151. and 2152. of the Revised Code.
Except in cases that are subject to the exclusive original
jurisdiction of the juvenile court, the judge of the juvenile
division shall not have jurisdiction or the power to hear, and
shall not be assigned, any case pertaining to paternity or
parentage, the care, custody, or control of children, parenting
time or visitation, child support, or the allocation of parental
rights and responsibilities for the care of children or any
post-decree proceeding arising from any case pertaining to any of
those matters. The judge of the juvenile division shall not have
jurisdiction or the power to hear, and shall not be assigned, any
proceeding under the uniform interstate family support act
contained in Chapter 3115. of the Revised Code.
In addition to the judge's regular duties, the judge of the
juvenile division shall be the administrator of the juvenile
division and its subdivisions and departments. The judge shall
have charge of the employment, assignment, and supervision of the
personnel of the juvenile division who are engaged in handling,
servicing, or investigating juvenile cases, including any
magistrates whom the judge considers necessary for the discharge
of the judge's various duties.
The judge of the juvenile division also shall designate the
title, compensation, expense allowances, hours, leaves of absence,
and vacation of the personnel of the division and shall fix their
duties. The duties of the personnel, in addition to other
statutory duties, include the handling, servicing, and
investigation of juvenile cases and providing any counseling,
conciliation, and mediation services that the court makes
available to persons, whether or not the persons are parties to an
action pending in the court, who request the services.
(H) In Stark county, the judges of the court of common pleas
whose terms begin on January 1, 1953, January 2, 1959, and January
1, 1993, and successors, shall have the same qualifications,
exercise the same powers and jurisdiction, and receive the same
compensation as other judges of the court of common pleas of Stark
county and shall be elected and designated as judges of the court
of common pleas, division of domestic relations. They shall have
all the powers relating to juvenile courts, and all cases under
Chapters 2151. and 2152. of the Revised Code, all parentage
proceedings over which the juvenile court has jurisdiction, and
all divorce, dissolution of marriage, legal separation, and
annulment cases, except cases that are assigned to some other
judge of the court of common pleas for some special reason, shall
be assigned to the judges.
The judge of the division of domestic relations, second most
senior in point of service, shall have charge of the employment
and supervision of the personnel of the division engaged in
handling, servicing, or investigating divorce, dissolution of
marriage, legal separation, and annulment cases, and necessary
referees required for the judge's respective court.
The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71
of the Revised Code and with the assignment and division of the
work of the division and the employment and supervision of all
other personnel of the division, including, but not limited to,
that judge's necessary referees, but excepting those employees who
may be appointed by the judge second most senior in point of
service. The senior judge further shall serve in every other
position in which the statutes permit or require a juvenile judge
to serve.
(1) The judges of the court of common pleas whose terms begin
on January 4, 1967, and January 6, 1993, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Summit county and shall be elected
and designated as judges of the court of common pleas, division of
domestic relations. The judges of the division of domestic
relations shall have assigned to them and hear all divorce,
dissolution of marriage, legal separation, and annulment cases
that come before the court. Except in cases that are subject to
the exclusive original jurisdiction of the juvenile court, the
judges of the division of domestic relations shall have assigned
to them and hear all cases pertaining to paternity, custody,
visitation, child support, or the allocation of parental rights
and responsibilities for the care of children and all post-decree
proceedings arising from any case pertaining to any of those
matters. The judges of the division of domestic relations shall
have assigned to them and hear all proceedings under the uniform
interstate family support act contained in Chapter 3115. of the
Revised Code.
The judge of the division of domestic relations, senior in
point of service, shall be the administrator of the domestic
relations division and its subdivisions and departments and shall
have charge of the employment, assignment, and supervision of the
personnel of the division, including any necessary referees, who
are engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases.
That judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
of any counseling and conciliation services that are available
upon request to all persons, whether or not they are parties to an
action pending in the division.
(2) The judge of the court of common pleas whose term begins
on January 1, 1955, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Summit county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be, and have the powers and jurisdiction of, the juvenile judge as
provided in Chapters 2151. and 2152. of the Revised Code. Except
in cases that are subject to the exclusive original jurisdiction
of the juvenile court, the judge of the juvenile division shall
not have jurisdiction or the power to hear, and shall not be
assigned, any case pertaining to paternity, custody, visitation,
child support, or the allocation of parental rights and
responsibilities for the care of children or any post-decree
proceeding arising from any case pertaining to any of those
matters. The judge of the juvenile division shall not have
jurisdiction or the power to hear, and shall not be assigned, any
proceeding under the uniform interstate family support act
contained in Chapter 3115. of the Revised Code.
The juvenile judge shall be the administrator of the juvenile
division and its subdivisions and departments and shall have
charge of the employment, assignment, and supervision of the
personnel of the juvenile division, including any necessary
referees, who are engaged in handling, servicing, or investigating
juvenile cases. The judge also shall designate the title,
compensation, expense allowances, hours, leaves of absence, and
vacation of the personnel of the division and shall fix their
duties. The duties of the personnel, in addition to other
statutory duties, shall include the handling, servicing, and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division.
(J) In Trumbull county, the judges of the court of common
pleas whose terms begin on January 1, 1953, and January 2, 1977,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation as
other judges of the court of common pleas of Trumbull county and
shall be elected and designated as judges of the court of common
pleas, division of domestic relations. They shall have all the
powers relating to juvenile courts, and all cases under Chapters
2151. and 2152. of the Revised Code, all parentage proceedings
over which the juvenile court has jurisdiction, and all divorce,
dissolution of marriage, legal separation, and annulment cases
shall be assigned to them, except cases that for some special
reason are assigned to some other judge of the court of common
pleas.
(1) The judges of the court of common pleas whose terms begin
on January 1, 1957, and January 4, 1993, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Butler county and shall be elected
and designated as judges of the court of common pleas, division of
domestic relations. The judges of the division of domestic
relations shall have assigned to them all divorce, dissolution of
marriage, legal separation, and annulment cases coming before the
court, except in cases that for some special reason are assigned
to some other judge of the court of common pleas. The judges of
the division of domestic relations also have concurrent
jurisdiction with judges of the juvenile division of the court of
common pleas of Butler county with respect to and may hear cases
to determine the custody, support, or custody and support of a
child who is born of issue of a marriage and who is not the ward
of another court of this state, cases commenced by a party of the
marriage to obtain an order requiring support of any child when
the request for that order is not ancillary to an action for
divorce, dissolution of marriage, annulment, or legal separation,
a criminal or civil action involving an allegation of domestic
violence, an action for support under Chapter 3115. of the Revised
Code, or an action that is within the exclusive original
jurisdiction of the juvenile division of the court of common pleas
of Butler county and that involves an allegation that the child is
an abused, neglected, or dependent child, and post-decree
proceedings and matters arising from those types of cases. The
judge senior in point of service shall be charged with the
assignment and division of the work of the division and with the
employment and supervision of all other personnel of the domestic
relations division.
The judge senior in point of service also shall designate the
title, compensation, expense allowances, hours, leaves of absence,
and vacations of the personnel of the division and shall fix their
duties. The duties of the personnel, in addition to other
statutory duties, shall include the handling, servicing, and
investigation of divorce, dissolution of marriage, legal
separation, and annulment cases and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(2) The judges of the court of common pleas whose terms begin
on January 3, 1987, and January 2, 2003, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Butler county, shall be elected and
designated as judges of the court of common pleas, juvenile
division, and shall be the juvenile judges as provided in Chapters
2151. and 2152. of the Revised Code, with the powers and
jurisdictions conferred by those chapters. Except in cases that
are subject to the exclusive original jurisdiction of the juvenile
court, the judges of the juvenile division shall not have
jurisdiction or the power to hear and shall not be assigned, but
shall have the limited ability and authority to certify, any case
commenced by a party of a marriage to determine the custody,
support, or custody and support of a child who is born of issue of
the marriage and who is not the ward of another court of this
state when the request for the order in the case is not ancillary
to an action for divorce, dissolution of marriage, annulment, or
legal separation. The judge of the court of common pleas, juvenile
division, who is senior in point of service, shall be the
administrator of the juvenile division and its subdivisions and
departments. The judge, senior in point of service, shall have
charge of the employment, assignment, and supervision of the
personnel of the juvenile division who are engaged in handling,
servicing, or investigating juvenile cases, including any referees
whom the judge considers necessary for the discharge of the
judge's various duties.
The judge, senior in point of service, also shall designate
the title, compensation, expense allowances, hours, leaves of
absence, and vacation of the personnel of the division and shall
fix their duties. The duties of the personnel, in addition to
other statutory duties, include the handling, servicing, and
investigation of juvenile cases and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume of
cases pending in the judge's division necessitates it, the duties
of that judge shall be performed by the other judges of the
domestic relations and juvenile divisions.
(L)(1) In Cuyahoga county, the judges of the court of common
pleas whose terms begin on January 8, 1961, January 9, 1961,
January 18, 1975, January 19, 1975, and January 13, 1987, and
successors, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as
other judges of the court of common pleas of Cuyahoga county and
shall be elected and designated as judges of the court of common
pleas, division of domestic relations. They shall have all the
powers relating to all divorce, dissolution of marriage, legal
separation, and annulment cases, except in cases that are assigned
to some other judge of the court of common pleas for some special
reason.
(2) The administrative judge is administrator of the domestic
relations division and its subdivisions and departments and has
the following powers concerning division personnel:
(a) Full charge of the employment, assignment, and
supervision;
(b) Sole determination of compensation, duties, expenses,
allowances, hours, leaves, and vacations.
(3) "Division personnel" include persons employed or referees
engaged in hearing, servicing, investigating, counseling, or
conciliating divorce, dissolution of marriage, legal separation
and annulment matters.
(1) The judge of the court of common pleas whose term begins
on January 2, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Lake county and shall be elected and designated as
judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all the divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court, except in cases that for some special
reason are assigned to some other judge of the court of common
pleas. The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(2) The judge of the court of common pleas whose term begins
on January 4, 1979, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Lake county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapters 2151. and 2152. of
the Revised Code, with the powers and jurisdictions conferred by
those chapters. The judge of the court of common pleas, juvenile
division, shall be the administrator of the juvenile division and
its subdivisions and departments. The judge shall have charge of
the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the
judge considers necessary for the discharge of the judge's various
duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume of
cases pending in the judge's division necessitates it, the duties
of that judge shall be performed by the other judges of the
domestic relations and juvenile divisions.
(1) The judge of the court of common pleas whose term begins
on January 2, 1971, and the successors to that judge whose terms
begin before January 2, 2007, shall have the same qualifications,
exercise the same powers and jurisdiction, and receive the same
compensation as the other judge of the court of common pleas of
Erie county and shall be elected and designated as judge of the
court of common pleas, division of domestic relations. The judge
shall have all the powers relating to juvenile courts, and shall
be assigned all cases under Chapters 2151. and 2152. of the
Revised Code, parentage proceedings over which the juvenile court
has jurisdiction, and divorce, dissolution of marriage, legal
separation, and annulment cases, except cases that for some
special reason are assigned to some other judge.
On or after January 2, 2007, the judge of the court of common
pleas who is elected in 2006 shall be the successor to the judge
of the domestic relations division whose term expires on January
1, 2007, shall be designated as judge of the court of common
pleas, juvenile division, and shall be the juvenile judge as
provided in Chapters 2151. and 2152. of the Revised Code with the
powers and jurisdictions conferred by those chapters.
(2) The judge of the court of common pleas, general division,
whose term begins on January 1, 2005, and successors, the judge of
the court of common pleas, general division whose term begins on
January 2, 2005, and successors, and the judge of the court of
common pleas, general division, whose term begins February 9,
2009, and successors, shall have assigned to them, in addition to
all matters that are within the jurisdiction of the general
division of the court of common pleas, all divorce, dissolution of
marriage, legal separation, and annulment cases coming before the
court, and all matters that are within the jurisdiction of the
probate court under Chapter 2101., and other provisions, of the
Revised Code.
(1) The judge of the court of common pleas whose term begins
on January 1, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county and shall be elected and designated
as the judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all divorce, dissolution of
marriage, legal separation, annulment, uniform reciprocal support
enforcement, and domestic violence cases and all other cases
related to domestic relations, except cases that for some special
reason are assigned to some other judge of the court of common
pleas.
The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the division. The judge also
shall designate the title, compensation, hours, leaves of absence,
and vacations of the personnel of the division and shall fix their
duties. The duties of the personnel of the division, in addition
to other statutory duties, shall include the handling, servicing,
and investigation of divorce, dissolution of marriage, legal
separation, and annulment cases and the provision of counseling
and conciliation services that the division considers necessary
and makes available to persons who request the services, whether
or not the persons are parties in an action pending in the
division. The compensation for the personnel shall be paid from
the overall court budget and shall be included in the
appropriations for the existing judges of the general division of
the court of common pleas.
(2) The judge of the court of common pleas whose term begins
on January 1, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and, on or
after January 1, 1995, shall be the juvenile judge as provided in
Chapters 2151. and 2152. of the Revised Code with the powers and
jurisdiction conferred by those chapters. The judge of the court
of common pleas, juvenile division, shall be the administrator of
the juvenile division and its subdivisions and departments. The
judge shall have charge of the employment, assignment, and
supervision of the personnel of the juvenile division who are
engaged in handling, servicing, or investigating juvenile cases,
including any referees whom the judge considers necessary for the
discharge of the judge's various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the court
makes available to persons, whether or not the persons are parties
to an action pending in the court, who request the services.
(3) If one of the judges of the court of common pleas,
general division, is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in the
general division necessitates it, the duties of that judge of the
general division shall be performed by the judge of the division
of domestic relations and the judge of the juvenile division.
(P) In Portage county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Portage county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be assigned all
divorce, dissolution of marriage, legal separation, and annulment
cases coming before the court, except in cases that for some
special reason are assigned to some other judge of the court of
common pleas. The judge shall be charged with the assignment and
division of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(Q) In Clermont county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Clermont county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be assigned all
divorce, dissolution of marriage, legal separation, and annulment
cases coming before the court, except in cases that for some
special reason are assigned to some other judge of the court of
common pleas. The judge shall be charged with the assignment and
division of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(R) In Warren county, the judge of the court of common pleas,
whose term begins January 1, 1987, and successors, shall have the
same qualifications, exercise the same powers and jurisdiction,
and receive the same compensation as the other judges of the court
of common pleas of Warren county and shall be elected and
designated as judge of the court of common pleas, division of
domestic relations. The judge shall be assigned all divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court, except in cases that for some special
reason are assigned to some other judge of the court of common
pleas. The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(S) In Licking county, the judges of the court of common
pleas, whose terms begin on January 1, 1991, and January 1, 2005,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation as
the other judges of the court of common pleas of Licking county
and shall be elected and designated as judges of the court of
common pleas, division of domestic relations. The judges shall be
assigned all divorce, dissolution of marriage, legal separation,
and annulment cases, all cases arising under Chapter 3111. of the
Revised Code, all proceedings involving child support, the
allocation of parental rights and responsibilities for the care of
children and the designation for the children of a place of
residence and legal custodian, parenting time, and visitation, and
all post-decree proceedings and matters arising from those cases
and proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The
administrative judge of the division of domestic relations shall
be charged with the assignment and division of the work of the
division and with the employment and supervision of the personnel
of the division.
The administrative judge of the division of domestic
relations shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases, cases arising
under Chapter 3111. of the Revised Code, and proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(T) In Allen county, the judge of the court of common pleas,
whose term begins January 1, 1993, and successors, shall have the
same qualifications, exercise the same powers and jurisdiction,
and receive the same compensation as the other judges of the court
of common pleas of Allen county and shall be elected and
designated as judge of the court of common pleas, division of
domestic relations. The judge shall be assigned all divorce,
dissolution of marriage, legal separation, and annulment cases,
all cases arising under Chapter 3111. of the Revised Code, all
proceedings involving child support, the allocation of parental
rights and responsibilities for the care of children and the
designation for the children of a place of residence and legal
custodian, parenting time, and visitation, and all post-decree
proceedings and matters arising from those cases and proceedings,
except in cases that for some special reason are assigned to
another judge of the court of common pleas. The judge shall be
charged with the assignment and division of the work of the
division and with the employment and supervision of the personnel
of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases, cases arising
under Chapter 3111. of the Revised Code, and proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(U) In Medina county, the judge of the court of common pleas
whose term begins January 1, 1995, and successors, shall have the
same qualifications, exercise the same powers and jurisdiction,
and receive the same compensation as other judges of the court of
common pleas of Medina county and shall be elected and designated
as judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all divorce, dissolution of
marriage, legal separation, and annulment cases, all cases arising
under Chapter 3111. of the Revised Code, all proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation, and all post-decree proceedings
and matters arising from those cases and proceedings, except in
cases that for some special reason are assigned to another judge
of the court of common pleas. The judge shall be charged with the
assignment and division of the work of the division and with the
employment and supervision of the personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under Chapter
3111. of the Revised Code, and proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and the designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(V) In Fairfield county, the judge of the court of common
pleas whose term begins January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Fairfield county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be assigned all
divorce, dissolution of marriage, legal separation, and annulment
cases, all cases arising under Chapter 3111. of the Revised Code,
all proceedings involving child support, the allocation of
parental rights and responsibilities for the care of children and
the designation for the children of a place of residence and legal
custodian, parenting time, and visitation, and all post-decree
proceedings and matters arising from those cases and proceedings,
except in cases that for some special reason are assigned to
another judge of the court of common pleas. The judge also has
concurrent jurisdiction with the probate-juvenile division of the
court of common pleas of Fairfield county with respect to and may
hear cases to determine the custody of a child, as defined in
section 2151.011 of the Revised Code, who is not the ward of
another court of this state, cases that are commenced by a parent,
guardian, or custodian of a child, as defined in section 2151.011
of the Revised Code, to obtain an order requiring a parent of the
child to pay child support for that child when the request for
that order is not ancillary to an action for divorce, dissolution
of marriage, annulment, or legal separation, a criminal or civil
action involving an allegation of domestic violence, an action for
support under Chapter 3115. of the Revised Code, or an action that
is within the exclusive original jurisdiction of the
probate-juvenile division of the court of common pleas of
Fairfield county and that involves an allegation that the child is
an abused, neglected, or dependent child, and post-decree
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be charged
with the assignment and division of the work of the division and
with the employment and supervision of the personnel of the
division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases, cases arising
under Chapter 3111. of the Revised Code, and proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, regardless of whether the persons are parties to an
action pending in the division, who request the services. When the
judge hears a case to determine the custody of a child, as defined
in section 2151.011 of the Revised Code, who is not the ward of
another court of this state or a case that is commenced by a
parent, guardian, or custodian of a child, as defined in section
2151.011 of the Revised Code, to obtain an order requiring a
parent of the child to pay child support for that child when the
request for that order is not ancillary to an action for divorce,
dissolution of marriage, annulment, or legal separation, a
criminal or civil action involving an allegation of domestic
violence, an action for support under Chapter 3115. of the Revised
Code, or an action that is within the exclusive original
jurisdiction of the probate-juvenile division of the court of
common pleas of Fairfield county and that involves an allegation
that the child is an abused, neglected, or dependent child, the
duties of the personnel of the domestic relations division also
include the handling, servicing, and investigation of those types
of cases.
(W)(1) In Clark county, the judge of the court of common
pleas whose term begins on January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges of
the court of common pleas of Clark county and shall be elected and
designated as judge of the court of common pleas, domestic
relations division. The judge shall have all the powers relating
to juvenile courts, and all cases under Chapters 2151. and 2152.
of the Revised Code and all parentage proceedings under Chapter
3111. of the Revised Code over which the juvenile court has
jurisdiction shall be assigned to the judge of the division of
domestic relations. All divorce, dissolution of marriage, legal
separation, annulment, uniform reciprocal support enforcement, and
other cases related to domestic relations shall be assigned to the
domestic relations division, and the presiding judge of the court
of common pleas shall assign the cases to the judge of the
domestic relations division and the judges of the general
division.
(2) In addition to the judge's regular duties, the judge of
the division of domestic relations shall serve on the children
services board and the county advisory board.
(3) If the judge of the court of common pleas of Clark
county, division of domestic relations, is sick, absent, or unable
to perform that judge's judicial duties or if the presiding judge
of the court of common pleas of Clark county determines that the
volume of cases pending in the division of domestic relations
necessitates it, the duties of the judge of the division of
domestic relations shall be performed by the judges of the general
division or probate division of the court of common pleas of Clark
county, as assigned for that purpose by the presiding judge of
that court, and the judges so assigned shall act in conjunction
with the judge of the division of domestic relations of that
court.
(X) In Scioto county, the judge of the court of common pleas
whose term begins January 2, 1995, and successors, shall have the
same qualifications, exercise the same powers and jurisdiction,
and receive the same compensation as other judges of the court of
common pleas of Scioto county and shall be elected and designated
as judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all divorce, dissolution of
marriage, legal separation, and annulment cases, all cases arising
under Chapter 3111. of the Revised Code, all proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, visitation, and all post-decree proceedings and
matters arising from those cases and proceedings, except in cases
that for some special reason are assigned to another judge of the
court of common pleas. The judge shall be charged with the
assignment and division of the work of the division and with the
employment and supervision of the personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under Chapter
3111. of the Revised Code, and proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and the designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(Y) In Auglaize county, the judge of the probate and juvenile
divisions of the Auglaize county court of common pleas also shall
be the administrative judge of the domestic relations division of
the court and shall be assigned all divorce, dissolution of
marriage, legal separation, and annulment cases coming before the
court. The judge shall have all powers as administrator of the
domestic relations division and shall have charge of the personnel
engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases,
including any referees considered necessary for the discharge of
the judge's various duties.
(Z)(1) In Marion county, the judge of the court of common
pleas whose term begins on February 9, 1999, and the successors to
that judge, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as the
other judges of the court of common pleas of Marion county and
shall be elected and designated as judge of the court of common
pleas, domestic relations-juvenile-probate division. Except as
otherwise specified in this division, that judge, and the
successors to that judge, shall have all the powers relating to
juvenile courts, and all cases under Chapters 2151. and 2152. of
the Revised Code, all cases arising under Chapter 3111. of the
Revised Code, all divorce, dissolution of marriage, legal
separation, and annulment cases, all proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and the designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and all post-decree proceedings and matters arising
from those cases and proceedings shall be assigned to that judge
and the successors to that judge. Except as provided in division
(Z)(2) of this section and notwithstanding any other provision of
any section of the Revised Code, on and after February 9, 2003,
the judge of the court of common pleas of Marion county whose term
begins on February 9, 1999, and the successors to that judge,
shall have all the powers relating to the probate division of the
court of common pleas of Marion county in addition to the powers
previously specified in this division, and shall exercise
concurrent jurisdiction with the judge of the probate division of
that court over all matters that are within the jurisdiction of
the probate division of that court under Chapter 2101., and other
provisions, of the Revised Code in addition to the jurisdiction of
the domestic relations-juvenile-probate division of that court
otherwise specified in division (Z)(1) of this section.
(2) The judge of the domestic relations-juvenile-probate
division of the court of common pleas of Marion county or the
judge of the probate division of the court of common pleas of
Marion county, whichever of those judges is senior in total length
of service on the court of common pleas of Marion county,
regardless of the division or divisions of service, shall serve as
the clerk of the probate division of the court of common pleas of
Marion county.
(3) On and after February 9, 2003, all references in law to
"the probate court," "the probate judge," "the juvenile court," or
"the judge of the juvenile court" shall be construed, with respect
to Marion county, as being references to both "the probate
division" and "the domestic relations-juvenile-probate division"
and as being references to both "the judge of the probate
division" and "the judge of the domestic relations-
juvenile-probate division." On and after February 9, 2003, all
references in law to "the clerk of the probate court" shall be
construed, with respect to Marion county, as being references to
the judge who is serving pursuant to division (Z)(2) of this
section as the clerk of the probate division of the court of
common pleas of Marion county.
(AA) In Muskingum county, the judge of the court of common
pleas whose term begins on January 2, 2003, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Muskingum county and shall
be elected and designated as the judge of the court of common
pleas, division of domestic relations. The judge shall be assigned
all divorce, dissolution of marriage, legal separation, and
annulment cases, all cases arising under Chapter 3111. of the
Revised Code, all proceedings involving child support, the
allocation of parental rights and responsibilities for the care of
children and the designation for the children of a place of
residence and legal custodian, parenting time, and visitation, and
all post-decree proceedings and matters arising from those cases
and proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The judge
shall be charged with the assignment and division of the work of
the division and with the employment and supervision of the
personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases, cases arising
under Chapter 3111. of the Revised Code, and proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(BB) In Henry county, the judge of the court of common pleas
whose term begins on January 1, 2005, and successors, shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other judge
of the court of common pleas of Henry county and shall be elected
and designated as the judge of the court of common pleas, division
of domestic relations. The judge shall have all of the powers
relating to juvenile courts, and all cases under Chapter 2151. or
2152. of the Revised Code, all parentage proceedings arising under
Chapter 3111. of the Revised Code over which the juvenile court
has jurisdiction, all divorce, dissolution of marriage, legal
separation, and annulment cases, all proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and the designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and all post-decree proceedings and matters arising
from those cases and proceedings shall be assigned to that judge,
except in cases that for some special reason are assigned to the
other judge of the court of common pleas.
(CC)(1) In Logan county, the judge of the court of common
pleas whose term begins January 2, 2005, and the successors to
that judge, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as the
other judges of the court of common pleas of Logan county and
shall be elected and designated as judge of the court of common
pleas, domestic relations-juvenile-probate division. Except as
otherwise specified in this division, that judge, and the
successors to that judge, shall have all the powers relating to
juvenile courts, and all cases under Chapters 2151. and 2152. of
the Revised Code, all cases arising under Chapter 3111. of the
Revised Code, all divorce, dissolution of marriage, legal
separation, and annulment cases, all proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and all post-decree proceedings and matters arising
from those cases and proceedings shall be assigned to that judge
and the successors to that judge. Notwithstanding any other
provision of any section of the Revised Code, on and after January
2, 2005, the judge of the court of common pleas of Logan county
whose term begins on January 2, 2005, and the successors to that
judge, shall have all the powers relating to the probate division
of the court of common pleas of Logan county in addition to the
powers previously specified in this division and shall exercise
concurrent jurisdiction with the judge of the probate division of
that court over all matters that are within the jurisdiction of
the probate division of that court under Chapter 2101., and other
provisions, of the Revised Code in addition to the jurisdiction of
the domestic relations-juvenile-probate division of that court
otherwise specified in division (CC)(1) of this section.
(2) The judge of the domestic relations-juvenile-probate
division of the court of common pleas of Logan county or the
probate judge of the court of common pleas of Logan county who is
elected as the administrative judge of the probate division of the
court of common pleas of Logan county pursuant to Rule 4 of the
Rules of Superintendence shall be the clerk of the probate
division and juvenile division of the court of common pleas of
Logan county. The clerk of the court of common pleas who is
elected pursuant to section 2303.01 of the Revised Code shall keep
all of the journals, records, books, papers, and files pertaining
to the domestic relations cases.
(3) On and after January 2, 2005, all references in law to
"the probate court," "the probate judge," "the juvenile court," or
"the judge of the juvenile court" shall be construed, with respect
to Logan county, as being references to both "the probate
division" and the "domestic relations-juvenile-probate division"
and as being references to both "the judge of the probate
division" and the "judge of the domestic
relations-juvenile-probate division." On and after January 2,
2005, all references in law to "the clerk of the probate court"
shall be construed, with respect to Logan county, as being
references to the judge who is serving pursuant to division
(CC)(2) of this section as the clerk of the probate division of
the court of common pleas of Logan county.
(DD)(1) In Champaign county, the judge of the court of common
pleas whose term begins February 9, 2003, and the judge of the
court of common pleas whose term begins February 10, 2009, and the
successors to those judges, shall have the same qualifications,
exercise the same powers and jurisdiction, and receive the same
compensation as the other judges of the court of common pleas of
Champaign county and shall be elected and designated as judges of
the court of common pleas, domestic relations-juvenile-probate
division. Except as otherwise specified in this division, those
judges, and the successors to those judges, shall have all the
powers relating to juvenile courts, and all cases under Chapters
2151. and 2152. of the Revised Code, all cases arising under
Chapter 3111. of the Revised Code, all divorce, dissolution of
marriage, legal separation, and annulment cases, all proceedings
involving child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation, and all post-decree proceedings
and matters arising from those cases and proceedings shall be
assigned to those judges and the successors to those judges.
Notwithstanding any other provision of any section of the Revised
Code, on and after February 9, 2009, the judges designated by this
division as judges of the court of common pleas of Champaign
county, domestic relations-juvenile-probate division, and the
successors to those judges, shall have all the powers relating to
probate courts in addition to the powers previously specified in
this division and shall exercise jurisdiction over all matters
that are within the jurisdiction of probate courts under Chapter
2101., and other provisions, of the Revised Code in addition to
the jurisdiction of the domestic relations-juvenile-probate
division otherwise specified in division (DD)(1) of this section.
(2) On and after February 9, 2009, all references in law to
"the probate court," "the probate judge," "the juvenile court," or
"the judge of the juvenile court" shall be construed with respect
to Champaign county as being references to the "domestic
relations-juvenile-probate division" and as being references to
the "judge of the domestic relations-juvenile-probate division."
On and after February 9, 2009, all references in law to "the clerk
of the probate court" shall be construed with respect to Champaign
county as being references to the judge who is serving pursuant to
Rule 4 of the Rules of Superintendence for the Courts of Ohio as
the administrative judge of the court of common pleas, domestic
relations-juvenile-probate division.
(EE) If a judge of the court of common pleas, division of
domestic relations, or juvenile judge, of any of the counties
mentioned in this section is sick, absent, or unable to perform
that judge's judicial duties or the volume of cases pending in the
judge's division necessitates it, the duties of that judge shall
be performed by another judge of the court of common pleas of that
county, assigned for that purpose by the presiding judge of the
court of common pleas of that county to act in place of or in
conjunction with that judge, as the case may require.
Sec. 2301.18. The court of common pleas shall appoint a
steongraphic reporter as the official shorthand reporter of such
the court, who shall hold the appointment for a term not exceeding
three years from the date thereof, unless removed by the court,
after a good cause shown, for neglect of duty, misconduct in
office, or incompetency. Such The court of common pleas may
appoint assistant reporters as the business of the court requires,
for terms not exceeding three years under one appointment. The
official shorthand reporter and assistant reporters shall take an
oath faithfully and impartially to discharge the duties of
such
position their positions.
Sec. 2301.20. Upon the trial of a All civil or and criminal
action actions in the court of common pleas, if either party to
the action or his attorney requests the services of a shorthand
reporter, the trial judge shall grant the request, or may order a
full report of the testimony or other proceedings. In either case,
the shorthand shall be recorded. The reporter shall take accurate
shorthand notes of, or shall electronically record, the oral
testimony or other oral proceedings. The notes and electronic
records shall be filed in the office of the official
shorthand
reporter and carefully preserved for either of the following
periods of time:
(A) If the action is not a capital case, the notes and
electronic records shall be preserved for the period of time
specified by the court of common pleas, which period of time shall
not be longer than the period of time that the other records of
the particular action are required to be kept;.
(B) If the action is a capital case, the notes and electronic
records shall be preserved for the longer of ten years or until
the final disposition of the action.
Sec. 2301.21. In every case reported recorded as provided in
section 2301.20 of the Revised Code, there shall be taxed for each
day's service of the official or assistant shorthand reporters a
fee of twenty-five dollars, to be collected as other costs in the
case. The fees so collected shall be paid quarterly by the clerk
of the court of common pleas in which the cases were tried into
the treasury of the county and shall be credited by the county
treasurer to the general fund.
Sec. 2301.22. Each shorthand reporter shall receive such
compensation as the court of common pleas making the appointment
fixes. Such That compensation shall be in place of all per diem
compensation in such those courts. In case such the appointment is
for a term of less than one year, such the court may allow a per
diem compensation to be fixed by the court, plus actual and
necessary expenses incurred, for each day such shorthand the
reporter is actually engaged in taking testimony or performing
other duties under the orders of such the court, which allowance
shall be in full payment for all services so rendered.
The county auditor shall issue warrants on the county
treasurer for the payment of such the compensation under this
section in equal monthly installments, when if the compensation is
allowed annually, and when in case of services per diem, for the
amount of the bill approved by the court, from the general fund
upon the presentation of a certified copy of the journal entry of
appointment and compensation of such shorthand the reporters.
Sec. 2301.23. When shorthand notes have been taken or an
electronic recording has been made in a case as provided in
section 2301.20 of the Revised Code, if the court, or either party
to the suit or his attorney, requests written transcripts of any
portion of such notes in longhand the proceeding, the
shorthand
reporter reporting the case shall make full and accurate
transcripts of the notes for the use of such court or party or
electronic recording. The court may direct the official shorthand
reporter to furnish to the court and the parties copies of
decisions rendered and charges delivered by the court in pending
cases.
When the compensation for transcripts, copies of decisions,
or charges is taxed as a part of the costs, such the transcripts,
copies of decisions, and charges shall remain on file with the
papers of the case.
Sec. 2301.24. The compensation of shorthand reporters for
making written transcripts
and copies as provided in section
2301.23 of the Revised Code shall be fixed by the judges of the
court of common pleas of the county wherein in which the trial is
had held. Such If more than one transcript of the same testimony
or proceeding is ordered, the reporter shall make copies of the
transcript at cost pursuant to division (B)(1) of section 149.43
of the Revised Code, or shall provide an electronic copy of the
transcript free of charge. The compensation shall be paid
forthwith by the party for whose benefit a transcript is made. The
compensation for transcripts of testimony requested by the
prosecuting attorney during trial or an indigent defendant in
criminal cases or by the trial judge, in either civil or criminal
cases, and for copies of decisions and charges furnished by
direction of the court shall be paid from the county treasury, and
taxed and collected as costs.
Sec. 2301.25. When ordered by the prosecuting attorney or
the defendant in a criminal trial, case or when ordered by a judge
of the court of common pleas for his use, in either civil or
criminal cases, the costs of transcripts mentioned in section
2301.23 of the Revised Code, shall be taxed as costs in the case,
collected as other costs, whether such the transcripts have been
prepaid or not, as provided by section 2301.24 of the Revised
Code, and paid by the clerk of the court of common pleas,
quarterly, into the county treasury, and credited to the general
fund. If, upon final judgment, the costs or any part thereof shall
be of the costs are adjudged against a defendant in a criminal
case, he the defendant shall be allowed credit on the cost bill of
the amount paid by him for the transcript he ordered and, if the
costs are finally adjudged against the state, the defendant shall
have his the defendant's deposit refunded. When more than one
transcript of the same testimony or proceedings is ordered at the
same time by the same party, or by the court, the compensation for
making such additional transcript shall be one-half the
compensation allowed for the first copy, and shall be paid for in
the same manner except that where ordered by the same party only
the cost of the original shall be taxed as costs. All such
transcripts shall be taken and received as prima-facie evidence of
their correctness. When If the testimony of witnesses is taken
before the grand jury by shorthand reporters, they shall receive
for such the transcripts as are ordered by the prosecuting
attorney the same compensation per folio and be paid therefor in
the same manner as provided in this section and section 2301.24 of
the Revised Code.
Sec. 2301.26. Shorthand reporters Reporters appointed under
sections section 2301.18 and 2301.19 of the Revised Code, may be
appointed referees to take and report evidence in causes pending
in any of the courts of this state. In the taking of evidence as
such referees, they the reporters may administer oaths to
witnesses. They shall be furnished by the board of county
commissioners with a suitable room in the courthouse, and with
stationery, supplies and other equipment necessary
in for the
proper discharge of their duties and for the preservation of their
stenographic notes and electronic records. Such The notes and
electronic records shall be the property of the county and
carefully preserved in the office of the shorthand reporters.
Sec. 2305.01. Except as otherwise provided by this section
or section 2305.03 of the Revised Code, the court of common pleas
has original jurisdiction in all civil cases in which the sum or
matter in dispute exceeds the exclusive original jurisdiction of
county courts and appellate jurisdiction from the decisions of
boards of county commissioners. The court of common pleas shall
not have jurisdiction, in any tort action to which the amounts
apply, to award punitive or exemplary damages that exceed the
amounts set forth in section 2315.21 of the Revised Code. The
court of common pleas shall not have jurisdiction in any tort
action to which the limits apply to enter judgment on an award of
compensatory damages for noneconomic loss in excess of the limits
set forth in section 2315.18 of the Revised Code.
The court of common pleas may on its own motion transfer for
trial any action in the court to any municipal court in the county
having concurrent jurisdiction of the subject matter of, and the
parties to, the action, if the amount sought by the plaintiff does
not exceed one thousand dollars and if the judge or presiding
judge of the municipal court concurs in the proposed transfer.
Upon the issuance of an order of transfer, the clerk of courts
shall remove to the designated municipal court the entire case
file. Any untaxed portion of the common pleas deposit for court
costs shall be remitted to the municipal court by the clerk of
courts to be applied in accordance with section 1901.26 of the
Revised Code, and the costs taxed by the municipal court shall be
added to any costs taxed in the common pleas court.
The court of common pleas has jurisdiction in any action
brought pursuant to division (I) of section 3733.11 4781.40 of the
Revised Code if the residential premises that are the subject of
the action are located within the territorial jurisdiction of the
court.
The courts of common pleas of Adams, Athens, Belmont, Brown,
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,
Meigs, Monroe, Scioto, and Washington counties have jurisdiction
beyond the north or northwest shore of the Ohio river extending to
the opposite shore line, between the extended boundary lines of
any adjacent counties or adjacent state. Each of those courts of
common pleas has concurrent jurisdiction on the Ohio river with
any adjacent court of common pleas that borders on that river and
with any court of Kentucky or of West Virginia that borders on the
Ohio river and that has jurisdiction on the Ohio river under the
law of Kentucky or the law of West Virginia, whichever is
applicable, or under federal law.
Sec. 2317.02. The following persons shall not testify in
certain respects:
(A)(1) An attorney, concerning a communication made to the
attorney by a client in that relation or the attorney's advice to
a client, except that the attorney may testify by express consent
of the client or, if the client is deceased, by the express
consent of the surviving spouse or the executor or administrator
of the estate of the deceased client. However, if the client
voluntarily testifies or is deemed by section 2151.421 of the
Revised Code to have waived any testimonial privilege under this
division, the attorney may be compelled to testify on the same
subject.
The testimonial privilege established under this division
does not apply concerning a communication between a client who has
since died and the deceased client's attorney if the communication
is relevant to a dispute between parties who claim through that
deceased client, regardless of whether the claims are by testate
or intestate succession or by inter vivos transaction, and the
dispute addresses the competency of the deceased client when the
deceased client executed a document that is the basis of the
dispute or whether the deceased client was a victim of fraud,
undue influence, or duress when the deceased client executed a
document that is the basis of the dispute.
(2) An attorney, concerning a communication made to the
attorney by a client in that relationship or the attorney's advice
to a client, except that if the client is an insurance company,
the attorney may be compelled to testify, subject to an in camera
inspection by a court, about communications made by the client to
the attorney or by the attorney to the client that are related to
the attorney's aiding or furthering an ongoing or future
commission of bad faith by the client, if the party seeking
disclosure of the communications has made a prima facie showing of
bad faith, fraud, or criminal misconduct by the client.
(B)(1) A physician or a dentist concerning a communication
made to the physician or dentist by a patient in that relation or
the physician's or dentist's advice to a patient, except as
otherwise provided in this division, division (B)(2), and division
(B)(3) of this section, and except that, if the patient is deemed
by section 2151.421 of the Revised Code to have waived any
testimonial privilege under this division, the physician may be
compelled to testify on the same subject.
The testimonial privilege established under this division
does not apply, and a physician or dentist may testify or may be
compelled to testify, in any of the following circumstances:
(a) In any civil action, in accordance with the discovery
provisions of the Rules of Civil Procedure in connection with a
civil action, or in connection with a claim under Chapter 4123. of
the Revised Code, under any of the following circumstances:
(i) If the patient or the guardian or other legal
representative of the patient gives express consent;
(ii) If the patient is deceased, the spouse of the patient or
the executor or administrator of the patient's estate gives
express consent;
(iii) If a medical claim, dental claim, chiropractic claim,
or optometric claim, as defined in section 2305.113 of the Revised
Code, an action for wrongful death, any other type of civil
action, or a claim under Chapter 4123. of the Revised Code is
filed by the patient, the personal representative of the estate of
the patient if deceased, or the patient's guardian or other legal
representative.
(b) In any civil action concerning court-ordered treatment or
services received by a patient, if the court-ordered treatment or
services were ordered as part of a case plan journalized under
section 2151.412 of the Revised Code or the court-ordered
treatment or services are necessary or relevant to dependency,
neglect, or abuse or temporary or permanent custody proceedings
under Chapter 2151. of the Revised Code.
(c) In any criminal action concerning any test or the results
of any test that determines the presence or concentration of
alcohol, a drug of abuse, a combination of them, a controlled
substance, or a metabolite of a controlled substance in the
patient's whole blood, blood serum or plasma, breath, urine, or
other bodily substance at any time relevant to the criminal
offense in question.
(d) In any criminal action against a physician or dentist. In
such an action, the testimonial privilege established under this
division does not prohibit the admission into evidence, in
accordance with the Rules of Evidence, of a patient's medical or
dental records or other communications between a patient and the
physician or dentist that are related to the action and obtained
by subpoena, search warrant, or other lawful means. A court that
permits or compels a physician or dentist to testify in such an
action or permits the introduction into evidence of patient
records or other communications in such an action shall require
that appropriate measures be taken to ensure that the
confidentiality of any patient named or otherwise identified in
the records is maintained. Measures to ensure confidentiality that
may be taken by the court include sealing its records or deleting
specific information from its records.
(e)(i) If the communication was between a patient who has
since died and the deceased patient's physician or dentist, the
communication is relevant to a dispute between parties who claim
through that deceased patient, regardless of whether the claims
are by testate or intestate succession or by inter vivos
transaction, and the dispute addresses the competency of the
deceased patient when the deceased patient executed a document
that is the basis of the dispute or whether the deceased patient
was a victim of fraud, undue influence, or duress when the
deceased patient executed a document that is the basis of the
dispute.
(ii) If neither the spouse of a patient nor the executor or
administrator of that patient's estate gives consent under
division (B)(1)(a)(ii) of this section, testimony or the
disclosure of the patient's medical records by a physician,
dentist, or other health care provider under division (B)(1)(e)(i)
of this section is a permitted use or disclosure of protected
health information, as defined in 45 C.F.R. 160.103, and an
authorization or opportunity to be heard shall not be required.
(iii) Division (B)(1)(e)(i) of this section does not require
a mental health professional to disclose psychotherapy notes, as
defined in 45 C.F.R. 164.501.
(iv) An interested person who objects to testimony or
disclosure under division (B)(1)(e)(i) of this section may seek a
protective order pursuant to Civil Rule 26.
(v) A person to whom protected health information is
disclosed under division (B)(1)(e)(i) of this section shall not
use or disclose the protected health information for any purpose
other than the litigation or proceeding for which the information
was requested and shall return the protected health information to
the covered entity or destroy the protected health information,
including all copies made, at the conclusion of the litigation or
proceeding.
(2)(a) If any law enforcement officer submits a written
statement to a health care provider that states that an official
criminal investigation has begun regarding a specified person or
that a criminal action or proceeding has been commenced against a
specified person, that requests the provider to supply to the
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the
specified person to determine the presence or concentration of
alcohol, a drug of abuse, a combination of them, a controlled
substance, or a metabolite of a controlled substance in the
person's whole blood, blood serum or plasma, breath, or urine at
any time relevant to the criminal offense in question, and that
conforms to section 2317.022 of the Revised Code, the provider,
except to the extent specifically prohibited by any law of this
state or of the United States, shall supply to the officer a copy
of any of the requested records the provider possesses. If the
health care provider does not possess any of the requested
records, the provider shall give the officer a written statement
that indicates that the provider does not possess any of the
requested records.
(b) If a health care provider possesses any records of the
type described in division (B)(2)(a) of this section regarding the
person in question at any time relevant to the criminal offense in
question, in lieu of personally testifying as to the results of
the test in question, the custodian of the records may submit a
certified copy of the records, and, upon its submission, the
certified copy is qualified as authentic evidence and may be
admitted as evidence in accordance with the Rules of Evidence.
Division (A) of section 2317.422 of the Revised Code does not
apply to any certified copy of records submitted in accordance
with this division. Nothing in this division shall be construed to
limit the right of any party to call as a witness the person who
administered the test to which the records pertain, the person
under whose supervision the test was administered, the custodian
of the records, the person who made the records, or the person
under whose supervision the records were made.
(3)(a) If the testimonial privilege described in division
(B)(1) of this section does not apply as provided in division
(B)(1)(a)(iii) of this section, a physician or dentist may be
compelled to testify or to submit to discovery under the Rules of
Civil Procedure only as to a communication made to the physician
or dentist by the patient in question in that relation, or the
physician's or dentist's advice to the patient in question, that
related causally or historically to physical or mental injuries
that are relevant to issues in the medical claim, dental claim,
chiropractic claim, or optometric claim, action for wrongful
death, other civil action, or claim under Chapter 4123. of the
Revised Code.
(b) If the testimonial privilege described in division (B)(1)
of this section does not apply to a physician or dentist as
provided in division (B)(1)(c) of this section, the physician or
dentist, in lieu of personally testifying as to the results of the
test in question, may submit a certified copy of those results,
and, upon its submission, the certified copy is qualified as
authentic evidence and may be admitted as evidence in accordance
with the Rules of Evidence. Division (A) of section 2317.422 of
the Revised Code does not apply to any certified copy of results
submitted in accordance with this division. Nothing in this
division shall be construed to limit the right of any party to
call as a witness the person who administered the test in
question, the person under whose supervision the test was
administered, the custodian of the results of the test, the person
who compiled the results, or the person under whose supervision
the results were compiled.
(4) The testimonial privilege described in division (B)(1) of
this section is not waived when a communication is made by a
physician to a pharmacist or when there is communication between a
patient and a pharmacist in furtherance of the physician-patient
relation.
(5)(a) As used in divisions (B)(1) to (4) of this section,
"communication" means acquiring, recording, or transmitting any
information, in any manner, concerning any facts, opinions, or
statements necessary to enable a physician or dentist to diagnose,
treat, prescribe, or act for a patient. A "communication" may
include, but is not limited to, any medical or dental, office, or
hospital communication such as a record, chart, letter,
memorandum, laboratory test and results, x-ray, photograph,
financial statement, diagnosis, or prognosis.
(b) As used in division (B)(2) of this section, "health care
provider" means a hospital, ambulatory care facility, long-term
care facility, pharmacy, emergency facility, or health care
practitioner.
(c) As used in division (B)(5)(b) of this section:
(i) "Ambulatory care facility" means a facility that provides
medical, diagnostic, or surgical treatment to patients who do not
require hospitalization, including a dialysis center, ambulatory
surgical facility, cardiac catheterization facility, diagnostic
imaging center, extracorporeal shock wave lithotripsy center, home
health agency, inpatient hospice, birthing center, radiation
therapy center, emergency facility, and an urgent care center.
"Ambulatory health care facility" does not include the private
office of a physician or dentist, whether the office is for an
individual or group practice.
(ii) "Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(iii) "Health care practitioner" has the same meaning as in
section 4769.01 of the Revised Code.
(iv) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(v) "Long-term care facility" means a nursing home,
residential care facility, or home for the aging, as those terms
are defined in section 3721.01 of the Revised Code; an adult care
facility, as defined in section 3722.01 5119.70 of the Revised
Code; a nursing facility or intermediate care facility for the
mentally retarded, as those terms are defined in section 5111.20
of the Revised Code; a facility or portion of a facility certified
as a skilled nursing facility under Title XVIII of the "Social
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.
(vi) "Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.
(d) As used in divisions (B)(1) and (2) of this section,
"drug of abuse" has the same meaning as in section 4506.01 of the
Revised Code.
(6) Divisions (B)(1), (2), (3), (4), and (5) of this section
apply to doctors of medicine, doctors of osteopathic medicine,
doctors of podiatry, and dentists.
(7) Nothing in divisions (B)(1) to (6) of this section
affects, or shall be construed as affecting, the immunity from
civil liability conferred by section 307.628 of the Revised Code
or the immunity from civil liability conferred by section 2305.33
of the Revised Code upon physicians who report an employee's use
of a drug of abuse, or a condition of an employee other than one
involving the use of a drug of abuse, to the employer of the
employee in accordance with division (B) of that section. As used
in division (B)(7) of this section, "employee," "employer," and
"physician" have the same meanings as in section 2305.33 of the
Revised Code.
(C)(1) A cleric, when the cleric remains accountable to the
authority of that cleric's church, denomination, or sect,
concerning a confession made, or any information confidentially
communicated, to the cleric for a religious counseling purpose in
the cleric's professional character. The cleric may testify by
express consent of the person making the communication, except
when the disclosure of the information is in violation of a sacred
trust and except that, if the person voluntarily testifies or is
deemed by division (A)(4)(c) of section 2151.421 of the Revised
Code to have waived any testimonial privilege under this division,
the cleric may be compelled to testify on the same subject except
when disclosure of the information is in violation of a sacred
trust.
(2) As used in division (C) of this section:
(a) "Cleric" means a member of the clergy, rabbi, priest,
Christian Science practitioner, or regularly ordained, accredited,
or licensed minister of an established and legally cognizable
church, denomination, or sect.
(b) "Sacred trust" means a confession or confidential
communication made to a cleric in the cleric's ecclesiastical
capacity in the course of discipline enjoined by the church to
which the cleric belongs, including, but not limited to, the
Catholic Church, if both of the following apply:
(i) The confession or confidential communication was made
directly to the cleric.
(ii) The confession or confidential communication was made in
the manner and context that places the cleric specifically and
strictly under a level of confidentiality that is considered
inviolate by canon law or church doctrine.
(D) Husband or wife, concerning any communication made by one
to the other, or an act done by either in the presence of the
other, during coverture, unless the communication was made, or act
done, in the known presence or hearing of a third person competent
to be a witness; and such rule is the same if the marital relation
has ceased to exist;
(E) A person who assigns a claim or interest, concerning any
matter in respect to which the person would not, if a party, be
permitted to testify;
(F) A person who, if a party, would be restricted under
section 2317.03 of the Revised Code, when the property or thing is
sold or transferred by an executor, administrator, guardian,
trustee, heir, devisee, or legatee, shall be restricted in the
same manner in any action or proceeding concerning the property or
thing.
(G)(1) A school guidance counselor who holds a valid educator
license from the state board of education as provided for in
section 3319.22 of the Revised Code, a person licensed under
Chapter 4757. of the Revised Code as a professional clinical
counselor, professional counselor, social worker, independent
social worker, marriage and family therapist or independent
marriage and family therapist, or registered under Chapter 4757.
of the Revised Code as a social work assistant concerning a
confidential communication received from a client in that relation
or the person's advice to a client unless any of the following
applies:
(a) The communication or advice indicates clear and present
danger to the client or other persons. For the purposes of this
division, cases in which there are indications of present or past
child abuse or neglect of the client constitute a clear and
present danger.
(b) The client gives express consent to the testimony.
(c) If the client is deceased, the surviving spouse or the
executor or administrator of the estate of the deceased client
gives express consent.
(d) The client voluntarily testifies, in which case the
school guidance counselor or person licensed or registered under
Chapter 4757. of the Revised Code may be compelled to testify on
the same subject.
(e) The court in camera determines that the information
communicated by the client is not germane to the counselor-client,
marriage and family therapist-client, or social worker-client
relationship.
(f) A court, in an action brought against a school, its
administration, or any of its personnel by the client, rules after
an in-camera inspection that the testimony of the school guidance
counselor is relevant to that action.
(g) The testimony is sought in a civil action and concerns
court-ordered treatment or services received by a patient as part
of a case plan journalized under section 2151.412 of the Revised
Code or the court-ordered treatment or services are necessary or
relevant to dependency, neglect, or abuse or temporary or
permanent custody proceedings under Chapter 2151. of the Revised
Code.
(2) Nothing in division (G)(1) of this section shall relieve
a school guidance counselor or a person licensed or registered
under Chapter 4757. of the Revised Code from the requirement to
report information concerning child abuse or neglect under section
2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under
division (A) of section 3109.052 of the Revised Code or otherwise
issued in any proceeding for divorce, dissolution, legal
separation, annulment, or the allocation of parental rights and
responsibilities for the care of children, in any action or
proceeding, other than a criminal, delinquency, child abuse, child
neglect, or dependent child action or proceeding, that is brought
by or against either parent who takes part in mediation in
accordance with the order and that pertains to the mediation
process, to any information discussed or presented in the
mediation process, to the allocation of parental rights and
responsibilities for the care of the parents' children, or to the
awarding of parenting time rights in relation to their children;
(I) A communications assistant, acting within the scope of
the communication assistant's authority, when providing
telecommunications relay service pursuant to section 4931.06 of
the Revised Code or Title II of the "Communications Act of 1934,"
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication
made through a telecommunications relay service. Nothing in this
section shall limit the obligation of a communications assistant
to divulge information or testify when mandated by federal law or
regulation or pursuant to subpoena in a criminal proceeding.
Nothing in this section shall limit any immunity or privilege
granted under federal law or regulation.
(J)(1) A chiropractor in a civil proceeding concerning a
communication made to the chiropractor by a patient in that
relation or the chiropractor's advice to a patient, except as
otherwise provided in this division. The testimonial privilege
established under this division does not apply, and a chiropractor
may testify or may be compelled to testify, in any civil action,
in accordance with the discovery provisions of the Rules of Civil
Procedure in connection with a civil action, or in connection with
a claim under Chapter 4123. of the Revised Code, under any of the
following circumstances:
(a) If the patient or the guardian or other legal
representative of the patient gives express consent.
(b) If the patient is deceased, the spouse of the patient or
the executor or administrator of the patient's estate gives
express consent.
(c) If a medical claim, dental claim, chiropractic claim, or
optometric claim, as defined in section 2305.113 of the Revised
Code, an action for wrongful death, any other type of civil
action, or a claim under Chapter 4123. of the Revised Code is
filed by the patient, the personal representative of the estate of
the patient if deceased, or the patient's guardian or other legal
representative.
(2) If the testimonial privilege described in division (J)(1)
of this section does not apply as provided in division (J)(1)(c)
of this section, a chiropractor may be compelled to testify or to
submit to discovery under the Rules of Civil Procedure only as to
a communication made to the chiropractor by the patient in
question in that relation, or the chiropractor's advice to the
patient in question, that related causally or historically to
physical or mental injuries that are relevant to issues in the
medical claim, dental claim, chiropractic claim, or optometric
claim, action for wrongful death, other civil action, or claim
under Chapter 4123. of the Revised Code.
(3) The testimonial privilege established under this division
does not apply, and a chiropractor may testify or be compelled to
testify, in any criminal action or administrative proceeding.
(4) As used in this division, "communication" means
acquiring, recording, or transmitting any information, in any
manner, concerning any facts, opinions, or statements necessary to
enable a chiropractor to diagnose, treat, or act for a patient. A
communication may include, but is not limited to, any
chiropractic, office, or hospital communication such as a record,
chart, letter, memorandum, laboratory test and results, x-ray,
photograph, financial statement, diagnosis, or prognosis.
(K)(1) Except as provided under division (K)(2) of this
section, a critical incident stress management team member
concerning a communication received from an individual who
receives crisis response services from the team member, or the
team member's advice to the individual, during a debriefing
session.
(2) The testimonial privilege established under division
(K)(1) of this section does not apply if any of the following are
true:
(a) The communication or advice indicates clear and present
danger to the individual who receives crisis response services or
to other persons. For purposes of this division, cases in which
there are indications of present or past child abuse or neglect of
the individual constitute a clear and present danger.
(b) The individual who received crisis response services
gives express consent to the testimony.
(c) If the individual who received crisis response services
is deceased, the surviving spouse or the executor or administrator
of the estate of the deceased individual gives express consent.
(d) The individual who received crisis response services
voluntarily testifies, in which case the team member may be
compelled to testify on the same subject.
(e) The court in camera determines that the information
communicated by the individual who received crisis response
services is not germane to the relationship between the individual
and the team member.
(f) The communication or advice pertains or is related to any
criminal act.
(3) As used in division (K) of this section:
(a) "Crisis response services" means consultation, risk
assessment, referral, and on-site crisis intervention services
provided by a critical incident stress management team to
individuals affected by crisis or disaster.
(b) "Critical incident stress management team member" or
"team member" means an individual specially trained to provide
crisis response services as a member of an organized community or
local crisis response team that holds membership in the Ohio
critical incident stress management network.
(c) "Debriefing session" means a session at which crisis
response services are rendered by a critical incident stress
management team member during or after a crisis or disaster.
(L)(1) Subject to division (L)(2) of this section and except
as provided in division (L)(3) of this section, an employee
assistance professional, concerning a communication made to the
employee assistance professional by a client in the employee
assistance professional's official capacity as an employee
assistance professional.
(2) Division (L)(1) of this section applies to an employee
assistance professional who meets either or both of the following
requirements:
(a) Is certified by the employee assistance certification
commission to engage in the employee assistance profession;
(b) Has education, training, and experience in all of the
following:
(i) Providing workplace-based services designed to address
employer and employee productivity issues;
(ii) Providing assistance to employees and employees'
dependents in identifying and finding the means to resolve
personal problems that affect the employees or the employees'
performance;
(iii) Identifying and resolving productivity problems
associated with an employee's concerns about any of the following
matters: health, marriage, family, finances, substance abuse or
other addiction, workplace, law, and emotional issues;
(iv) Selecting and evaluating available community resources;
(v) Making appropriate referrals;
(vi) Local and national employee assistance agreements;
(vii) Client confidentiality.
(3) Division (L)(1) of this section does not apply to any of
the following:
(a) A criminal action or proceeding involving an offense
under sections 2903.01 to 2903.06 of the Revised Code if the
employee assistance professional's disclosure or testimony relates
directly to the facts or immediate circumstances of the offense;
(b) A communication made by a client to an employee
assistance professional that reveals the contemplation or
commission of a crime or serious, harmful act;
(c) A communication that is made by a client who is an
unemancipated minor or an adult adjudicated to be incompetent and
indicates that the client was the victim of a crime or abuse;
(d) A civil proceeding to determine an individual's mental
competency or a criminal action in which a plea of not guilty by
reason of insanity is entered;
(e) A civil or criminal malpractice action brought against
the employee assistance professional;
(f) When the employee assistance professional has the express
consent of the client or, if the client is deceased or disabled,
the client's legal representative;
(g) When the testimonial privilege otherwise provided by
division (L)(1) of this section is abrogated under law.
Sec. 2317.422. (A) Notwithstanding sections 2317.40 and
2317.41 of the Revised Code but subject to division (B) of this
section, the records, or copies or photographs of the records, of
a hospital, homes required to be licensed pursuant to section
3721.01 of the Revised Code, and adult care facilities required to
be licensed pursuant to Chapter 3722. 5119. of the Revised Code,
in lieu of the testimony in open court of their custodian, person
who made them, or person under whose supervision they were made,
may be qualified as authentic evidence if any such person endorses
thereon the person's verified certification identifying such
records, giving the mode and time of their preparation, and
stating that they were prepared in the usual course of the
business of the institution. Such records, copies, or photographs
may not be qualified by certification as provided in this section
unless the party intending to offer them delivers a copy of them,
or of their relevant portions, to the attorney of record for each
adverse party not less than five days before trial. Nothing in
this section shall be construed to limit the right of any party to
call the custodian, person who made such records, or person under
whose supervision they were made, as a witness.
(B) Division (A) of this section does not apply to any
certified copy of the results of any test given to determine the
presence or concentration of alcohol, a drug of abuse, a
combination of them, a controlled substance, or a metabolite of a
controlled substance in a patient's whole blood, blood serum or
plasma, breath, or urine at any time relevant to a criminal
offense that is submitted in a criminal action or proceeding in
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02
of the Revised Code.
Sec. 2319.27. Except as section 147.08 of the Revised Code
governs the fees chargeable by a notary public for services
rendered in connection with depositions, the fees and expenses
chargeable for the taking and certifying of a deposition by a
person who is authorized to do so in this state, including, but
not limited to, a shorthand reporter, stenographer, or person
described in Civil Rule 28, may be established by that person
subject to the qualification specified in this section, and may be
different than the fees and expenses charged for the taking and
certifying of depositions by similar persons in other areas of
this state. Unless, prior to the taking and certifying of a
deposition, the parties who request it agree that the fees or
expenses to be charged may exceed the usual and customary fees or
expenses charged in the particular community for similar services,
such a person shall not charge fees or expenses in connection with
the taking and certifying of the deposition that exceed those
usual and customary fees and expenses.
The person taking and certifying a deposition may retain the
deposition until the fees and expenses that he the person charged
are paid. He The person also shall tax the costs, if any, of a
sheriff or other officer who serves any process in connection with
the taking of a deposition and the fees of the witnesses, and, if
directed by a person entitled to those costs or fees, may retain
the deposition until those costs or fees are paid.
Sec. 2335.05. In all cases or proceedings not specified in
sections 2335.06 and 2335.08 of the Revised Code, except as
otherwise provided in section 2335.061 of the Revised Code, each
person subpoenaed as a witness shall be allowed one dollar for
each day's attendance and the mileage allowed in courts of record.
When If not subpoenaed each person called upon to testify in a
case or proceeding shall receive twenty-five cents. Such fee shall
be taxed in the bill of costs, and if incurred in a state or
ordinance case, or in a proceeding before a public officer, board,
or commission, the fee shall be paid out of the proper public
treasury, upon the certificate of the court, officer, board, or
commission conducting the proceeding.
Sec. 2335.06. Each (A) Except as otherwise provided in
section 2335.061 of the Revised Code, each witness in civil cases
shall receive the following fees:
(A)(1) Twelve dollars for each full day's attendance and six
dollars for each half day's attendance at a court of record,
mayor's court, or before a person authorized to take depositions,
to be taxed in the bill of costs. Each witness shall also receive
reimbursement for each mile necessarily traveled to and from the
witness's place of residence to the place of giving testimony, to
be taxed in the bill of costs. The board of county commissioners
of each county shall set the reimbursement rate for each mile
necessarily traveled by a witness in a civil case in the common
pleas court, any division of the common pleas court, a county
court, or a county-operated municipal court. The rate shall not
exceed fifty and one-half cents for each mile.
(B)(2) For attending a coroner's inquest, the same fees and
mileage provided by division (A)(1) of this section, payable from
the county treasury on the certificate of the coroner.
(C)(B) As used in this section, "full day's attendance" means
a day on which a witness is required or requested to be present at
proceedings before and after twelve noon regardless of whether the
witness actually testifies; "half day's attendance" means a day on
which a witness is required or requested to be present at
proceedings either before or after twelve noon, but not both,
regardless of whether the witness actually testifies.
Sec. 2335.061. (A) As used in this section:
(1) "Coroner" has the same meaning as in section 313.01 of
the Revised Code, and includes the following:
(a) The coroner of a county other than a county in which the
death occurred or the dead human body was found if the coroner of
that other county performed services for the county in which the
death occurred or the dead human body was found;
(b) A medical examiner appointed by the governing authority
of a county to perform the duties of a coroner set forth in
Chapter 313. of the Revised Code.
(2) "Deposition fee" means the amount derived by multiplying
the hourly rate by the number of hours a coroner or deputy coroner
spent preparing for and giving expert testimony at a deposition in
a civil action pursuant to this section.
(3) "Deputy coroner" means a pathologist serving as a deputy
coroner.
(4) "Expert testimony" means testimony given by a coroner or
deputy coroner as an expert witness pursuant to this section and
the Rules of Evidence.
(5) "Fact testimony" means testimony given by a coroner or
deputy coroner regarding the performance of the duties of the
coroner as set forth in Chapter 313. of the Revised Code. "Fact
testimony" does not include expert testimony.
(6) "Hourly rate" means the compensation established in
sections 325.15 and 325.18 of the Revised Code for a coroner
without a private practice of medicine at the class 8 level for
calendar year 2001 and thereafter, divided by two thousand eighty.
(7) "Testimonial fee" means the amount derived by multiplying
the hourly rate by six and multiplying the product by the number
of hours that a coroner or deputy coroner spent preparing for and
giving expert testimony at a trial or hearing in a civil action
pursuant to this section.
(B)(1) A party may subpoena a coroner or deputy coroner to
give expert testimony at a trial, hearing, or deposition in a
civil action only upon filing with the court a notice that
includes all of the following:
(a) The name of the coroner or deputy coroner whose testimony
is sought;
(b) A brief statement of the issues upon which the party
seeks expert testimony from the coroner or deputy coroner;
(c) An acknowledgment by the party that the giving of expert
testimony by the coroner or deputy coroner at the trial, hearing,
or deposition is governed by this section and that the party will
comply with all of the requirements of this section;
(d) A statement of the obligations of the coroner or deputy
coroner under division (C) of this section.
(2) The notice under division (B)(1) of this section shall be
served together with the subpoena.
(C) A party that obtains the expert testimony of a coroner or
deputy coroner at a trial, hearing, or deposition in a civil
action pursuant to division (B) or (D) of this section shall pay
to the treasury of the county in which the coroner or deputy
coroner holds office or is appointed or employed a testimonial fee
or deposition fee, whichever is applicable, within thirty days
after receiving the statement described in this division. Upon the
conclusion of the coroner's or deputy coroner's expert testimony,
the coroner or deputy coroner shall file a statement with the
court on behalf of the county in which the coroner or deputy
coroner holds office or is appointed or employed showing the fee
due and how the coroner or deputy coroner calculated the fee. The
coroner or deputy coroner shall serve a copy of the statement on
each of the parties.
(D) For good cause shown, the court may permit a coroner or
deputy coroner who has not been served with a subpoena under
division (B) of this section to give expert testimony at a trial,
hearing, or deposition in a civil action. Unless good cause is
shown, the failure of a party to file with the court the notice
described in division (B)(1) of this section prohibits the party
from having a coroner or deputy coroner subpoenaed to give expert
testimony at a trial, hearing, or deposition in a civil action or
from otherwise calling the coroner or a deputy coroner to give
expert testimony at a trial, hearing, or deposition in a civil
action.
(E) In the event of a dispute as to the contents of the
notice filed by a party under division (B) of this section or as
to the nature of the testimony sought from or given by a coroner
or a deputy coroner at a trial, hearing, or deposition in a civil
action, the court shall determine whether the testimony sought
from or given by the coroner or deputy coroner is expert testimony
or fact testimony. In making this determination, the court shall
consider all of the following:
(1) The definitions of "expert testimony" and "fact
testimony" set forth in this section;
(2) All applicable rules of evidence;
(3) Any other information that the court considers relevant.
(F) Nothing in this section shall be construed to alter,
amend, or supersede the requirements of the Rules of Civil
Procedure or the Rules of Evidence.
Sec. 2501.16. (A) Each court of appeals may appoint one or
more official shorthand reporters, law clerks, secretaries, and
any other employees that the court considers necessary for its
efficient operation.
The clerk of the court of common pleas, acting as the clerk
of the court of appeals for the county, shall perform the duties
otherwise performed and collect the fees otherwise collected by
the clerk of the court of common pleas, as set forth in section
2303.03 of the Revised Code, and shall maintain the files and
records of the court. The clerk of the court of common pleas,
acting as the clerk of the court of appeals for the county, may
refuse to accept for filing any pleading or paper submitted for
filing by a person who has been found to be a vexatious litigator
under section 2323.52 of the Revised Code and who has failed to
obtain leave from the court of appeals to proceed under that
section. The overhead expenses pertaining to the office of the
clerk of the court of common pleas that result from the clerk's
acting as clerk of the court of appeals for the county, other than
wages and salaries, shall be paid from the funds provided under
sections 2501.18 and 2501.181 of the Revised Code.
Each officer and employee appointed pursuant to this section
shall take an oath of office, serve at the pleasure of the court,
and perform any duties that the court directs. Each
shorthand
reporter shall have the powers that are vested in official
shorthand reporters of the court of common pleas under sections
2301.18 to 2301.26 of the Revised Code. Whenever an opinion, per
curiam, or report of a case has been prepared in accordance with
section 2503.20 of the Revised Code, the official
shorthand
reporter immediately shall forward one copy of the opinion, per
curiam, or report to the reporter of the supreme court, without
expense to the reporter.
(B) The court of appeals may determine that, for the
efficient operation of the court, additional funds are necessary
to acquire and pay for special projects of the court, including,
but not limited to, the acquisition of additional facilities or
the rehabilitation of existing facilities, the acquisition of
equipment, the hiring and training of staff, the employment of
magistrates, the training and education of judges, acting judges,
and magistrates, community service programs, and other related
services. Upon that determination, the court by rule may charge a
fee, in addition to all other court costs, on the filing of each
case or cause over which the court has jurisdiction.
If the court of appeals offers a special program or service
in cases of a specific type, the court by rule may assess an
additional charge in a case of that type, over and above court
costs, to cover the special program or service. The court shall
adjust the special assessment periodically, but not retroactively,
so that the amount assessed in those cases does not exceed the
actual cost of providing the service or program.
All moneys collected under division (B) of this section shall
be paid to the county treasurer of the county selected as the
principal seat of that court of appeals for deposit into either a
general special projects fund or a fund established for a specific
special project. Moneys from a fund of that nature shall be
disbursed upon an order of the court in an amount no greater than
the actual cost to the court of a project. If a specific fund is
terminated because of the discontinuance of a program or service
established under division (B) of this section, the court may
order that moneys remaining in the fund be transferred to an
account established under this division for a similar purpose.
Sec. 2501.17. Each officer and employee of a court of
appeals appointed under section 2501.16 of the Revised Code shall
receive the compensation that is fixed by the court of appeals and
payable from the state treasury upon the certificate of the
presiding or administrative judge of the district in which the
officer or employee serves. The additional amount of compensation
that the clerk of the court of common pleas receives for acting as
the clerk of the court of appeals in his the clerk's county and
assuming the duties of that office and that is equal to one-eighth
of the annual compensation that he the clerk receives pursuant to
sections 325.08 and 325.18 of the Revised Code for being the clerk
of the court of common pleas is payable from the state treasury
upon the certificate of the presiding or administrative judge of
the district in which the clerk serves.
Shorthand reporters Reporters may receive additional
compensation for transcripts of evidence, the fee for the
transcripts to be fixed by the judges of the court of appeals and
paid and collected in the same manner as the fees for transcripts
furnished by official
shorthand reporters of the court of common
pleas under section 2301.24 of the Revised Code. Shorthand
reporters Reporters appointed for a term of less than one year
shall receive a per diem compensation of not less than thirty
dollars per day. All shorthand reporters shall receive their
actual expenses for traveling when attending court in any county
other than that in which they reside, to be paid as provided by
section 2301.24 2301.22 of the Revised Code.
Sec. 2743.09. The clerk of the court of claims shall do all
of the following:
(A) Administer oaths and take and certify affidavits,
depositions, and acknowledgments of powers of attorney and other
instruments in writing;
(B) Prepare the dockets, enter and record the orders,
judgments, decisions, awards, and proceedings of the court of
claims and the court of claims commissioners, and issue writs and
process;
(C) Maintain an office in Franklin county in rooms provided
by the supreme court for that purpose;
(D) Keep an appearance docket of civil actions, claims for an
award of reparations, and appeals from decisions of the court of
claims commissioners. The clerk may refuse to accept for filing
any pleading or paper that relates to a civil action in the court
of claims and that is submitted for filing by a person who has
been found to be a vexatious litigator under section 2323.52 of
the Revised Code and who has failed to obtain leave to proceed
under that section.
Upon the commencement of an action or claim, the clerk shall
assign it a number. This number shall be placed on the first page,
and every continuation page, of the appearance docket that
concerns the particular action or claim. In addition, this number
and the names of the parties shall be placed on the case file, and
every paper filed in the action or claim.
At the time the action is commenced the clerk shall enter in
the appearance docket the names of the parties in full and the
names of counsel and shall index the action alphabetically by the
last name of each party. Thereafter, the clerk shall
chronologically note in the appearance docket all process issued
and returns, pleas, motions, papers filed in the action, orders,
verdicts, and judgments. The notations shall be brief but shall
show the date of filing, substance, and journal volume and page of
each order, verdict, and judgment. An action is commenced for
purposes of this division by the filing of a complaint, including
a form complaint under section 2743.10 of the Revised Code or a
petition for removal.
At the time an appeal for an award of reparations is
commenced, the clerk shall enter the full names of the claimant,
the victim, and the attorneys in the appearance docket and shall
index the claim alphabetically by the last name of the claimant
and the victim. Thereafter, the clerk shall chronologically note
in the appearance docket all process issued and returns, motions,
papers filed in the claim, orders, decisions, and awards. The
notations shall be brief but shall show the date of filing,
substance, and journal volume and page of each order.
(E) Keep all original papers filed in an action or claim in a
separate file folder and a journal in which all orders, verdicts,
and judgments of the court and commissioners shall be recorded;
(F) Charge and collect fees pursuant to section 2303.20 of
the Revised Code, keep a cashbook in which the clerk shall enter
the amounts received, make a report to the clerk of the supreme
court each quarter of the fees received during the preceding
quarter, and pay them monthly into the state treasury;
(G) Appoint stenographers, shorthand reporters, and other
clerical personnel;
(H) Under the direction of the chief justice, establish
procedures for hearing and determining appeals for an award of
reparations pursuant to sections 2743.51 to 2743.72 of the Revised
Code.
Sec. 2744.05. Notwithstanding any other provisions of the
Revised Code or rules of a court to the contrary, in an action
against a political subdivision to recover damages for injury,
death, or loss to person or property caused by an act or omission
in connection with a governmental or proprietary function:
(A) Punitive or exemplary damages shall not be awarded.
(B)(1) If a claimant receives or is entitled to receive
benefits for injuries or loss allegedly incurred from a policy or
policies of insurance or any other source, the benefits shall be
disclosed to the court, and the amount of the benefits shall be
deducted from any award against a political subdivision recovered
by that claimant. No insurer or other person is entitled to bring
an action under a subrogation provision in an insurance or other
contract against a political subdivision with respect to those
benefits.
The amount of the benefits shall be deducted from an award
against a political subdivision under division (B)(1) of this
section regardless of whether the claimant may be under an
obligation to pay back the benefits upon recovery, in whole or in
part, for the claim. A claimant whose benefits have been deducted
from an award under division (B)(1) of this section is not
considered fully compensated and shall not be required to
reimburse a subrogated claim for benefits deducted from an award
pursuant to division (B)(1) of this section.
(2) Nothing in division (B)(1) of this section shall be
construed to do either of the following:
(a) Limit the rights of a beneficiary under a life insurance
policy or the rights of sureties under fidelity or surety bonds;
(b) Prohibit the department of job and family services from
recovering from the political subdivision, pursuant to section
5101.58 of the Revised Code, the cost of medical assistance
benefits provided under sections 5101.5211 to 5101.5216 or Chapter
5107., or 5111. of the Revised Code.
(C)(1) There shall not be any limitation on compensatory
damages that represent the actual loss of the person who is
awarded the damages. However, except in wrongful death actions
brought pursuant to Chapter 2125. of the Revised Code, damages
that arise from the same cause of action, transaction or
occurrence, or series of transactions or occurrences and that do
not represent the actual loss of the person who is awarded the
damages shall not exceed two hundred fifty thousand dollars in
favor of any one person. The limitation on damages that do not
represent the actual loss of the person who is awarded the damages
provided in this division does not apply to court costs that are
awarded to a plaintiff, or to interest on a judgment rendered in
favor of a plaintiff, in an action against a political
subdivision.
(2) As used in this division, "the actual loss of the person
who is awarded the damages" includes all of the following:
(a) All wages, salaries, or other compensation lost by the
person injured as a result of the injury, including wages,
salaries, or other compensation lost as of the date of a judgment
and future expected lost earnings of the person injured;
(b) All expenditures of the person injured or another person
on behalf of the person injured for medical care or treatment, for
rehabilitation services, or for other care, treatment, services,
products, or accommodations that were necessary because of the
injury;
(c) All expenditures to be incurred in the future, as
determined by the court, by the person injured or another person
on behalf of the person injured for medical care or treatment, for
rehabilitation services, or for other care, treatment, services,
products, or accommodations that will be necessary because of the
injury;
(d) All expenditures of a person whose property was injured
or destroyed or of another person on behalf of the person whose
property was injured or destroyed in order to repair or replace
the property that was injured or destroyed;
(e) All expenditures of the person injured or of the person
whose property was injured or destroyed or of another person on
behalf of the person injured or of the person whose property was
injured or destroyed in relation to the actual preparation or
presentation of the claim involved;
(f) Any other expenditures of the person injured or of the
person whose property was injured or destroyed or of another
person on behalf of the person injured or of the person whose
property was injured or destroyed that the court determines
represent an actual loss experienced because of the personal or
property injury or property loss.
"The actual loss of the person who is awarded the damages"
does not include any fees paid or owed to an attorney for any
services rendered in relation to a personal or property injury or
property loss, and does not include any damages awarded for pain
and suffering, for the loss of society, consortium, companionship,
care, assistance, attention, protection, advice, guidance,
counsel, instruction, training, or education of the person
injured, for mental anguish, or for any other intangible loss.
Sec. 2903.33. As used in sections 2903.33 to 2903.36 of the
Revised Code:
(A) "Care facility" means any of the following:
(1) Any "home" as defined in section 3721.10 or 5111.20 of
the Revised Code;
(2) Any "residential facility" as defined in section 5123.19
of the Revised Code;
(3) Any institution or facility operated or provided by the
department of mental health or by the department of developmental
disabilities pursuant to sections 5119.02 and 5123.03 of the
Revised Code;
(4) Any "residential facility" as defined in section 5119.22
of the Revised Code;
(5) Any unit of any hospital, as defined in section 3701.01
of the Revised Code, that provides the same services as a nursing
home, as defined in section 3721.01 of the Revised Code;
(6) Any institution, residence, or facility that provides,
for a period of more than twenty-four hours, whether for a
consideration or not, accommodations to one individual or two
unrelated individuals who are dependent upon the services of
others;
(7) Any "adult care facility" as defined in section 3722.01
5119.70 of the Revised Code;
(8) Any adult foster home certified by the department of
aging or its designee under section 173.36 5119.692 of the Revised
Code.
(B) "Abuse" means knowingly causing physical harm or
recklessly causing serious physical harm to a person by physical
contact with the person or by the inappropriate use of a physical
or chemical restraint, medication, or isolation on the person.
(C)(1) "Gross neglect" means knowingly failing to provide a
person with any treatment, care, goods, or service that is
necessary to maintain the health or safety of the person when the
failure results in physical harm or serious physical harm to the
person.
(2) "Neglect" means recklessly failing to provide a person
with any treatment, care, goods, or service that is necessary to
maintain the health or safety of the person when the failure
results in serious physical harm to the person.
(D) "Inappropriate use of a physical or chemical restraint,
medication, or isolation" means the use of physical or chemical
restraint, medication, or isolation as punishment, for staff
convenience, excessively, as a substitute for treatment, or in
quantities that preclude habilitation and treatment.
Sec. 2919.271. (A)(1)(a) If a defendant is charged with a
violation of section 2919.27 of the Revised Code or of a municipal
ordinance that is substantially similar to that section, the court
may order an evaluation of the mental condition of the defendant
if the court determines that either of the following criteria
apply:
(i) If the alleged violation is a violation of a protection
order issued or consent agreement approved pursuant to section
2919.26 or 3113.31 of the Revised Code, that the violation
allegedly involves conduct by the defendant that caused physical
harm to the person or property of a family or household member
covered by the order or agreement, or conduct by the defendant
that caused a family or household member to believe that the
defendant would cause physical harm to that member or that
member's property.
(ii) If the alleged violation is a violation of a protection
order issued pursuant to section 2903.213 or 2903.214 of the
Revised Code or a protection order issued by a court of another
state, that the violation allegedly involves conduct by the
defendant that caused physical harm to the person or property of
the person covered by the order, or conduct by the defendant that
caused the person covered by the order to believe that the
defendant would cause physical harm to that person or that
person's property.
(b) If a defendant is charged with a violation of section
2903.211 of the Revised Code or of a municipal ordinance that is
substantially similar to that section, the court may order an
evaluation of the mental condition of the defendant.
(2) An evaluation ordered under division (A)(1) of this
section shall be completed no later than thirty days from the date
the order is entered pursuant to that division. In that order, the
court shall do either of the following:
(a) Order that the evaluation of the mental condition of the
defendant be preceded by an examination conducted either by a
forensic center that is designated by the department of mental
health to conduct examinations and make evaluations of defendants
charged with violations of section 2903.211 or 2919.27 of the
Revised Code or of substantially similar municipal ordinances in
the area in which the court is located, or by any other program or
facility that is designated by the department of mental health or
the department of developmental disabilities to conduct
examinations and make evaluations of defendants charged with
violations of section 2903.211 or 2919.27 of the Revised Code or
of substantially similar municipal ordinances, and that is
operated by either department or is certified by either department
as being in compliance with the standards established under
division
(I)(H) of section 5119.01 of the Revised Code or division
(C) of section 5123.04 of the Revised Code.
(b) Designate a center, program, or facility other than one
designated by the department of mental health or the department of
developmental disabilities, as described in division (A)(2)(a) of
this section, to conduct the evaluation and preceding examination
of the mental condition of the defendant.
Whether the court acts pursuant to division (A)(2)(a) or (b)
of this section, the court may designate examiners other than the
personnel of the center, program, facility, or department involved
to make the evaluation and preceding examination of the mental
condition of the defendant.
(B) If the court considers that additional evaluations of the
mental condition of a defendant are necessary following the
evaluation authorized by division (A) of this section, the court
may order up to two additional similar evaluations. These
evaluations shall be completed no later than thirty days from the
date the applicable court order is entered. If more than one
evaluation of the mental condition of the defendant is ordered
under this division, the prosecutor and the defendant may
recommend to the court an examiner whom each prefers to perform
one of the evaluations and preceding examinations.
(C)(1) The court may order a defendant who has been released
on bail to submit to an examination under division (A) or (B) of
this section. The examination shall be conducted either at the
detention facility in which the defendant would have been confined
if the defendant had not been released on bail, or, if so
specified by the center, program, facility, or examiners involved,
at the premises of the center, program, or facility. Additionally,
the examination shall be conducted at the times established by the
examiners involved. If such a defendant refuses to submit to an
examination or a complete examination as required by the court or
the center, program, facility, or examiners involved, the court
may amend the conditions of the bail of the defendant and order
the sheriff to take the defendant into custody and deliver the
defendant to the detention facility in which the defendant would
have been confined if the defendant had not been released on bail,
or, if so specified by the center, program, facility, or examiners
involved, to the premises of the center, program, or facility, for
purposes of the examination.
(2) A defendant who has not been released on bail shall be
examined at the detention facility in which the defendant is
confined or, if so specified by the center, program, facility, or
examiners involved, at the premises of the center, program, or
facility.
(D) The examiner of the mental condition of a defendant under
division (A) or (B) of this section shall file a written report
with the court within thirty days after the entry of an order for
the evaluation of the mental condition of the defendant. The
report shall contain the findings of the examiner; the facts in
reasonable detail on which the findings are based; the opinion of
the examiner as to the mental condition of the defendant; the
opinion of the examiner as to whether the defendant represents a
substantial risk of physical harm to other persons as manifested
by evidence of recent homicidal or other violent behavior,
evidence of recent threats that placed other persons in reasonable
fear of violent behavior and serious physical harm, or evidence of
present dangerousness; and the opinion of the examiner as to the
types of treatment or counseling that the defendant needs. The
court shall provide copies of the report to the prosecutor and
defense counsel.
(E) The costs of any evaluation and preceding examination of
a defendant that is ordered pursuant to division (A) or (B) of
this section shall be taxed as court costs in the criminal case.
(F) If the examiner considers it necessary in order to make
an accurate evaluation of the mental condition of a defendant, an
examiner under division (A) or (B) of this section may request any
family or household member of the defendant to provide the
examiner with information. A family or household member may, but
is not required to, provide information to the examiner upon
receipt of the request.
(G) As used in this section:
(1) "Bail" includes a recognizance.
(2) "Examiner" means a psychiatrist, a licensed independent
social worker who is employed by a forensic center that is
certified as being in compliance with the standards established
under division
(I)(H) of section 5119.01 or division (C) of
section 5123.04 of the Revised Code, a licensed professional
clinical counselor who is employed at a forensic center that is
certified as being in compliance with such standards, or a
licensed clinical psychologist, except that in order to be an
examiner, a licensed clinical psychologist shall meet the criteria
of division (I)(1) of section 5122.01 of the Revised Code or be
employed to conduct examinations by the department of mental
health or by a forensic center certified as being in compliance
with the standards established under division
(I)(H) of section
5119.01 or division (C) of section 5123.04 of the Revised Code
that is designated by the department of mental health.
(3) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.
(4) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(5) "Psychiatrist" and "licensed clinical psychologist" have
the same meanings as in section 5122.01 of the Revised Code.
(6) "Protection order issued by a court of another state" has
the same meaning as in section 2919.27 of the Revised Code.
Sec. 2929.14. (A) Except as provided in division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),
(G), (I), (J), or (L) of this section or in division (D)(6) of
section 2919.25 of the Revised Code and except in relation to an
offense for which a sentence of death or life imprisonment is to
be imposed, if the court imposing a sentence upon an offender for
a felony elects or is required to impose a prison term on the
offender pursuant to this chapter, the court shall impose a
definite prison term that shall be one of the following:
(1) For a felony of the first degree, the prison term shall
be three, four, five, six, seven, eight, nine, or ten years.
(2) For a felony of the second degree, the prison term shall
be two, three, four, five, six, seven, or eight years.
(3) For a felony of the third degree, the prison term shall
be one, two, three, four, or five years.
(4) For a felony of the fourth degree, the prison term shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term shall
be six, seven, eight, nine, ten, eleven, or twelve months.
(B) Except as provided in division (C), (D)(1), (D)(2),
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of
this section, in section 2907.02, 2907.05, or 2919.25 of the
Revised Code, or in Chapter 2925. of the Revised Code, if the
court imposing a sentence upon an offender for a felony elects or
is required to impose a prison term on the offender, the court
shall impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless one or more of
the following applies:
(1) The offender was serving a prison term at the time of the
offense, or the offender previously had served a prison term.
(2) The court finds on the record that the shortest prison
term will demean the seriousness of the offender's conduct or will
not adequately protect the public from future crime by the
offender or others. Except as provided in division (C), (D)(1),
(D)(2), (D)(3), (D)(5), (D)(6), (G), (I), (J), (L), or (M) of this
section, in section 2907.02, 2907.05, or 2919.25 of the Revised
Code, or in Chapter 2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless one or more of
the following applies:
(1) The offender was serving a prison term at the time of the
offense, or the offender previously had served a prison term.
(2) The court finds on the record that the shortest prison
term will demean the seriousness of the offender's conduct or will
not adequately protect the public from future crime by the
offender or others.
(C) Except as provided in division (D)(7), (D)(8), (G), or
(L) of this section, in section 2919.25 of the Revised Code, or in
Chapter 2925. of the Revised Code, the court imposing a sentence
upon an offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of this
section only upon offenders who committed the worst forms of the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat violent
offenders in accordance with division (D)(2) of this section.
Except as provided in division (D)(7), (D)(8), (G), (L), or (M) of
this section, in section 2919.25 of the Revised Code, or in
Chapter 2925. of the Revised Code, the court imposing a sentence
upon an offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of this
section only upon offenders who committed the worst forms of the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat violent
offenders in accordance with division (D)(2) of this section.
(D)(1)(a) Except as provided in division (D)(1)(e) of this
section, if an offender who is convicted of or pleads guilty to a
felony also is convicted of or pleads guilty to a specification of
the type described in section 2941.141, 2941.144, or 2941.145 of
the Revised Code, the court shall impose on the offender one of
the following prison terms:
(i) A prison term of six years if the specification is of the
type described in section 2941.144 of the Revised Code that
charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or silencer on
or about the offender's person or under the offender's control
while committing the felony;
(ii) A prison term of three years if the specification is of
the type described in section 2941.145 of the Revised Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using it to
facilitate the offense;
(iii) A prison term of one year if the specification is of
the type described in section 2941.141 of the Revised Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the felony.
(b) If a court imposes a prison term on an offender under
division (D)(1)(a) of this section, the prison term shall not be
reduced pursuant to section 2929.20, section 2967.193, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. Except as provided in division (D)(1)(g) of this section, a
court shall not impose more than one prison term on an offender
under division (D)(1)(a) of this section for felonies committed as
part of the same act or transaction.
(c) Except as provided in division (D)(1)(e) of this section,
if an offender who is convicted of or pleads guilty to a violation
of section 2923.161 of the Revised Code or to a felony that
includes, as an essential element, purposely or knowingly causing
or attempting to cause the death of or physical harm to another,
also is convicted of or pleads guilty to a specification of the
type described in section 2941.146 of the Revised Code that
charges the offender with committing the offense by discharging a
firearm from a motor vehicle other than a manufactured home, the
court, after imposing a prison term on the offender for the
violation of section 2923.161 of the Revised Code or for the other
felony offense under division (A), (D)(2), or (D)(3) of this
section, shall impose an additional prison term of five years upon
the offender that shall not be reduced pursuant to section
2929.20, section 2967.193, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A court shall not impose
more than one additional prison term on an offender under division
(D)(1)(c) of this section for felonies committed as part of the
same act or transaction. If a court imposes an additional prison
term on an offender under division (D)(1)(c) of this section
relative to an offense, the court also shall impose a prison term
under division (D)(1)(a) of this section relative to the same
offense, provided the criteria specified in that division for
imposing an additional prison term are satisfied relative to the
offender and the offense.
(d) If an offender who is convicted of or pleads guilty to an
offense of violence that is a felony also is convicted of or
pleads guilty to a specification of the type described in section
2941.1411 of the Revised Code that charges the offender with
wearing or carrying body armor while committing the felony offense
of violence, the court shall impose on the offender a prison term
of two years. The prison term so imposed shall not be reduced
pursuant to section 2929.20, section 2967.193, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A
court shall not impose more than one prison term on an offender
under division (D)(1)(d) of this section for felonies committed as
part of the same act or transaction. If a court imposes an
additional prison term under division (D)(1)(a) or (c) of this
section, the court is not precluded from imposing an additional
prison term under division (D)(1)(d) of this section.
(e) The court shall not impose any of the prison terms
described in division (D)(1)(a) of this section or any of the
additional prison terms described in division (D)(1)(c) of this
section upon an offender for a violation of section 2923.12 or
2923.123 of the Revised Code. The court shall not impose any of
the prison terms described in division (D)(1)(a) or (b) of this
section upon an offender for a violation of section 2923.122 that
involves a deadly weapon that is a firearm other than a dangerous
ordnance, section 2923.16, or section 2923.121 of the Revised
Code. The court shall not impose any of the prison terms described
in division (D)(1)(a) of this section or any of the additional
prison terms described in division (D)(1)(c) of this section upon
an offender for a violation of section 2923.13 of the Revised Code
unless all of the following apply:
(i) The offender previously has been convicted of aggravated
murder, murder, or any felony of the first or second degree.
(ii) Less than five years have passed since the offender was
released from prison or post-release control, whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause the death of or physical harm to another and
also is convicted of or pleads guilty to a specification of the
type described in section 2941.1412 of the Revised Code that
charges the offender with committing the offense by discharging a
firearm at a peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer, as defined in section
2941.1412 of the Revised Code, the court, after imposing a prison
term on the offender for the felony offense under division (A),
(D)(2), or (D)(3) of this section, shall impose an additional
prison term of seven years upon the offender that shall not be
reduced pursuant to section 2929.20, section 2967.193, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. If an offender is convicted of or pleads guilty to two or
more felonies that include, as an essential element, causing or
attempting to cause the death or physical harm to another and also
is convicted of or pleads guilty to a specification of the type
described under division (D)(1)(f) of this section in connection
with two or more of the felonies of which the offender is
convicted or to which the offender pleads guilty, the sentencing
court shall impose on the offender the prison term specified under
division (D)(1)(f) of this section for each of two of the
specifications of which the offender is convicted or to which the
offender pleads guilty and, in its discretion, also may impose on
the offender the prison term specified under that division for any
or all of the remaining specifications. If a court imposes an
additional prison term on an offender under division (D)(1)(f) of
this section relative to an offense, the court shall not impose a
prison term under division (D)(1)(a) or (c) of this section
relative to the same offense.
(g) If an offender is convicted of or pleads guilty to two or
more felonies, if one or more of those felonies is are aggravated
murder, murder, attempted aggravated murder, attempted murder,
aggravated robbery, felonious assault, or rape, and if the
offender is convicted of or pleads guilty to a specification of
the type described under division (D)(1)(a) of this section in
connection with two or more of the felonies, the sentencing court
shall impose on the offender the prison term specified under
division (D)(1)(a) of this section for each of the two most
serious specifications of which the offender is convicted or to
which the offender pleads guilty and, in its discretion, also may
impose on the offender the prison term specified under that
division for any or all of the remaining specifications.
(2)(a) If division (D)(2)(b) of this section does not apply,
the court may impose on an offender, in addition to the longest
prison term authorized or required for the offense, an additional
definite prison term of one, two, three, four, five, six, seven,
eight, nine, or ten years if all of the following criteria are
met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offense of which the offender currently is convicted
or to which the offender currently pleads guilty is aggravated
murder and the court does not impose a sentence of death or life
imprisonment without parole, murder, terrorism and the court does
not impose a sentence of life imprisonment without parole, any
felony of the first degree that is an offense of violence and the
court does not impose a sentence of life imprisonment without
parole, or any felony of the second degree that is an offense of
violence and the trier of fact finds that the offense involved an
attempt to cause or a threat to cause serious physical harm to a
person or resulted in serious physical harm to a person.
(iii) The court imposes the longest prison term for the
offense that is not life imprisonment without parole.
(iv) The court finds that the prison terms imposed pursuant
to division (D)(2)(a)(iii) of this section and, if applicable,
division (D)(1) or (3) of this section are inadequate to punish
the offender and protect the public from future crime, because the
applicable factors under section 2929.12 of the Revised Code
indicating a greater likelihood of recidivism outweigh the
applicable factors under that section indicating a lesser
likelihood of recidivism.
(v) The court finds that the prison terms imposed pursuant to
division (D)(2)(a)(iii) of this section and, if applicable,
division (D)(1) or (3) of this section are demeaning to the
seriousness of the offense, because one or more of the factors
under section 2929.12 of the Revised Code indicating that the
offender's conduct is more serious than conduct normally
constituting the offense are present, and they outweigh the
applicable factors under that section indicating that the
offender's conduct is less serious than conduct normally
constituting the offense.
(b) The court shall impose on an offender the longest prison
term authorized or required for the offense and shall impose on
the offender an additional definite prison term of one, two,
three, four, five, six, seven, eight, nine, or ten years if all of
the following criteria are met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has been
convicted of or pleaded guilty to three or more offenses described
in division (CC)(1) of section 2929.01 of the Revised Code,
including all offenses described in that division of which the
offender is convicted or to which the offender pleads guilty in
the current prosecution and all offenses described in that
division of which the offender previously has been convicted or to
which the offender previously pleaded guilty, whether prosecuted
together or separately.
(iii) The offense or offenses of which the offender currently
is convicted or to which the offender currently pleads guilty is
aggravated murder and the court does not impose a sentence of
death or life imprisonment without parole, murder, terrorism and
the court does not impose a sentence of life imprisonment without
parole, any felony of the first degree that is an offense of
violence and the court does not impose a sentence of life
imprisonment without parole, or any felony of the second degree
that is an offense of violence and the trier of fact finds that
the offense involved an attempt to cause or a threat to cause
serious physical harm to a person or resulted in serious physical
harm to a person.
(c) For purposes of division (D)(2)(b) of this section, two
or more offenses committed at the same time or as part of the same
act or event shall be considered one offense, and that one offense
shall be the offense with the greatest penalty.
(d) A sentence imposed under division (D)(2)(a) or (b) of
this section shall not be reduced pursuant to section 2929.20 or
section 2967.193, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. The offender shall serve an
additional prison term imposed under this section consecutively to
and prior to the prison term imposed for the underlying offense.
(e) When imposing a sentence pursuant to division (D)(2)(a)
or (b) of this section, the court shall state its findings
explaining the imposed sentence.
(3)(a) Except when an offender commits a violation of section
2903.01 or 2907.02 of the Revised Code and the penalty imposed for
the violation is life imprisonment or commits a violation of
section 2903.02 of the Revised Code, if the offender commits a
violation of section 2925.03 or 2925.11 of the Revised Code and
that section classifies the offender as a major drug offender and
requires the imposition of a ten-year prison term on the offender,
if the offender commits a felony violation of section 2925.02,
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,
4729.37, or 4729.61, division (C) or (D) of section 3719.172,
division (C) of section 4729.51, or division (J) of section
4729.54 of the Revised Code that includes the sale, offer to sell,
or possession of a schedule I or II controlled substance, with the
exception of marihuana, and the court imposing sentence upon the
offender finds that the offender is guilty of a specification of
the type described in section 2941.1410 of the Revised Code
charging that the offender is a major drug offender, if the court
imposing sentence upon an offender for a felony finds that the
offender is guilty of corrupt activity with the most serious
offense in the pattern of corrupt activity being a felony of the
first degree, or if the offender is guilty of an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall impose upon the offender for the felony violation a
ten-year prison term that cannot be reduced pursuant to section
2929.20 or Chapter 2967. or 5120. of the Revised Code.
(b) The court imposing a prison term on an offender under
division (D)(3)(a) of this section may impose an additional prison
term of one, two, three, four, five, six, seven, eight, nine, or
ten years, if the court, with respect to the term imposed under
division (D)(3)(a) of this section and, if applicable, divisions
(D)(1) and (2) of this section, makes both of the findings set
forth in divisions (D)(2)(a)(iv) and (v) of this section. The
court imposing a prison term on an offender under division
(D)(3)(a) of this section may impose an additional prison term of
one, two, three, four, five, six, seven, eight, nine, or ten
years, if the court, with respect to the term imposed under
division (D)(3)(a) of this section and, if applicable, divisions
(D)(1) and (2) of this section, makes both of the findings set
forth in divisions (D)(2)(a)(iv) and (v) of this section.
(4) If the offender is being sentenced for a third or fourth
degree felony OVI offense under division (G)(2) of section 2929.13
of the Revised Code, the sentencing court shall impose upon the
offender a mandatory prison term in accordance with that division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the sentencing
court may sentence the offender to an additional prison term of
any duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one hundred twenty days imposed upon the offender
as the mandatory prison term. The total of the additional prison
term imposed under division (D)(4) of this section plus the sixty
or one hundred twenty days imposed as the mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of the authorized prison terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the offender has served the mandatory prison term required for the
offense. In addition to the mandatory prison term or mandatory and
additional prison term imposed as described in division (D)(4) of
this section, the court also may sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the
Revised Code, but the offender shall serve all of the prison terms
so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony
OVI offense under division (G)(1) of section 2929.13 of the
Revised Code and the court imposes a mandatory term of local
incarceration, the court may impose a prison term as described in
division (A)(1) of that section.
(5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
or an investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) of this section, the prison term shall not be
reduced pursuant to section 2929.20, section 2967.193, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (D)(5) of this section for felonies
committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of
division (A) or (B) of section 4511.19 of the Revised Code or an
equivalent offense, as defined in section 2941.1415 of the Revised
Code, or three or more violations of any combination of those
divisions and offenses, the court shall impose on the offender a
prison term of three years. If a court imposes a prison term on an
offender under division (D)(6) of this section, the prison term
shall not be reduced pursuant to section 2929.20, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120.
of the Revised Code. A court shall not impose more than one prison
term on an offender under division (D)(6) of this section for
felonies committed as part of the same act.
(7)(a) If an offender is convicted of or pleads guilty to a
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or
2923.32, division (A)(1) or (2) of section 2907.323, or division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised
Code and also is convicted of or pleads guilty to a specification
of the type described in section 2941.1422 of the Revised Code
that charges that the offender knowingly committed the offense in
furtherance of human trafficking, the court shall impose on the
offender a mandatory prison term that is one of the following:
(i) If the offense is a felony of the first degree, a
definite prison term of not less than five years and not greater
than ten years;
(ii) If the offense is a felony of the second or third
degree, a definite prison term of not less than three years and
not greater than the maximum prison term allowed for the offense
by division (A) of section 2929.14 of the Revised Code;
(iii) If the offense is a felony of the fourth or fifth
degree, a definite prison term that is the maximum prison term
allowed for the offense by division (A) of section 2929.14 of the
Revised Code.
(b) The prison term imposed under division (D)(7)(a) of this
section shall not be reduced pursuant to section 2929.20, section
2967.193, or any other provision of Chapter 2967. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (D)(7)(a) of this section for felonies
committed as part of the same act, scheme, or plan.
(8) If an offender is convicted of or pleads guilty to a
felony violation of section 2903.11, 2903.12, or 2903.13 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1423 of the
Revised Code that charges that the victim of the violation was a
woman whom the offender knew was pregnant at the time of the
violation, notwithstanding the range of prison terms prescribed in
division (A) of this section for felonies of the same degree as
the violation, the court shall impose on the offender a mandatory
prison term that is either a definite prison term of six months or
one of the prison terms prescribed in section 2929.14 of the
Revised Code for felonies of the same degree as the violation.
(E)(1)(a) Subject to division (E)(1)(b) of this section, if a
mandatory prison term is imposed upon an offender pursuant to
division (D)(1)(a) of this section for having a firearm on or
about the offender's person or under the offender's control while
committing a felony, if a mandatory prison term is imposed upon an
offender pursuant to division (D)(1)(c) of this section for
committing a felony specified in that division by discharging a
firearm from a motor vehicle, or if both types of mandatory prison
terms are imposed, the offender shall serve any mandatory prison
term imposed under either division consecutively to any other
mandatory prison term imposed under either division or under
division (D)(1)(d) of this section, consecutively to and prior to
any prison term imposed for the underlying felony pursuant to
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for wearing or
carrying body armor while committing an offense of violence that
is a felony, the offender shall serve the mandatory term so
imposed consecutively to any other mandatory prison term imposed
under that division or under division (D)(1)(a) or (c) of this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or (D)(3) of
this section or any other section of the Revised Code, and
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(d) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(7) or (8) of this section, the offender
shall serve the mandatory prison term so imposed consecutively to
any other mandatory prison term imposed under that division or
under any other provision of law and consecutively to any other
prison term or mandatory prison term previously or subsequently
imposed upon the offender.
(2) If an offender who is an inmate in a jail, prison, or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an inmate in a jail, prison, or other residential
detention facility or is under detention at a detention facility
commits another felony while the offender is an escapee in
violation of section 2921.34 of the Revised Code, any prison term
imposed upon the offender for one of those violations shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender was serving when the offender committed
that offense and to any other prison term previously or
subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised Code, a violation of
division (A) of section 2913.02 of the Revised Code in which the
stolen property is a firearm or dangerous ordnance, or a felony
violation of division (B) of section 2921.331 of the Revised Code,
the offender shall serve that prison term consecutively to any
other prison term or mandatory prison term previously or
subsequently imposed upon the offender.
(4) If multiple prison terms are imposed on an offender for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the offender's conduct and to the danger the offender poses to
the public, and if the court also finds any of the following:
(a) The offender committed one or more of the multiple
offenses while the offender was awaiting trial or sentencing, was
under a sanction imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the Revised Code, or was under post-release control for
a prior offense.
(b) At least two of the multiple offenses were committed as
part of one or more courses of conduct, and the harm caused by two
or more of the multiple offenses so committed was so great or
unusual that no single prison term for any of the offenses
committed as part of any of the courses of conduct adequately
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates
that consecutive sentences are necessary to protect the public
from future crime by the offender.
If multiple prison terms are
imposed on an offender for convictions of multiple offenses, the
court may require the offender to serve the prison terms
consecutively if the court finds that the consecutive service is
necessary to protect the public from future crime or to punish the
offender and that consecutive sentences are not disproportionate
to the seriousness of the offender's conduct and to the danger the
offender poses to the public, and if the court also finds any of
the following:
(a) The offender committed one or more of the multiple
offenses while the offender was awaiting trial or sentencing, was
under a sanction imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the Revised Code, or was under post-release control for
a prior offense.
(b) At least two of the multiple offenses were committed as
part of one or more courses of conduct, and the harm caused by two
or more of the multiple offenses so committed was so great or
unusual that no single prison term for any of the offenses
committed as part of any of the courses of conduct adequately
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates
that consecutive sentences are necessary to protect the public
from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of
the Revised Code. If a mandatory prison term is imposed upon an
offender pursuant to division (D)(5) of this section, and if a
mandatory prison term also is imposed upon the offender pursuant
to division (D)(6) of this section in relation to the same
violation, the offender shall serve the mandatory prison term
imposed pursuant to division (D)(5) of this section consecutively
to and prior to the mandatory prison term imposed pursuant to
division (D)(6) of this section and consecutively to and prior to
any prison term imposed for the underlying violation of division
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to
division (A) of this section or section 2929.142 of the Revised
Code.
(6) When consecutive prison terms are imposed pursuant to
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)
of this section, the term to be served is the aggregate of all of
the terms so imposed.
(F)(1) If a court imposes a prison term for a felony of the
first degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree that is not a felony
sex offense and in the commission of which the offender caused or
threatened to cause physical harm to a person, it shall include in
the sentence a requirement that the offender be subject to a
period of post-release control after the offender's release from
imprisonment, in accordance with that division. If a court imposes
a sentence including a prison term of a type described in this
division on or after July 11, 2006, the failure of a court to
include a post-release control requirement in the sentence
pursuant to this division does not negate, limit, or otherwise
affect the mandatory period of post-release control that is
required for the offender under division (B) of section 2967.28 of
the Revised Code. Section 2929.191 of the Revised Code applies if,
prior to July 11, 2006, a court imposed a sentence including a
prison term of a type described in this division and failed to
include in the sentence pursuant to this division a statement
regarding post-release control.
(2) If a court imposes a prison term for a felony of the
third, fourth, or fifth degree that is not subject to division
(F)(1) of this section, it shall include in the sentence a
requirement that the offender be subject to a period of
post-release control after the offender's release from
imprisonment, in accordance with that division, if the parole
board determines that a period of post-release control is
necessary. Section 2929.191 of the Revised Code applies if, prior
to July 11, 2006, a court imposed a sentence including a prison
term of a type described in this division and failed to include in
the sentence pursuant to this division a statement regarding
post-release control.
(G) The court shall impose sentence upon the offender in
accordance with section 2971.03 of the Revised Code, and Chapter
2971. of the Revised Code applies regarding the prison term or
term of life imprisonment without parole imposed upon the offender
and the service of that term of imprisonment if any of the
following apply:
(1) A person is convicted of or pleads guilty to a violent
sex offense or a designated homicide, assault, or kidnapping
offense, and, in relation to that offense, the offender is
adjudicated a sexually violent predator.
(2) A person is convicted of or pleads guilty to a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January 2, 2007, and either the court does
not impose a sentence of life without parole when authorized
pursuant to division (B) of section 2907.02 of the Revised Code,
or division (B) of section 2907.02 of the Revised Code provides
that the court shall not sentence the offender pursuant to section
2971.03 of the Revised Code.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after January 2, 2007, and a specification of
the type described in section 2941.1418, 2941.1419, or 2941.1420
of the Revised Code.
(4) A person is convicted of or pleads guilty to a violation
of section 2905.01 of the Revised Code committed on or after
January 1, 2008, and that section requires the court to sentence
the offender pursuant to section 2971.03 of the Revised Code.
(5) A person is convicted of or pleads guilty to aggravated
murder committed on or after January 1, 2008, and division
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or
(E)(1)(d) of section 2929.03, or division (A) or (B) of section
2929.06 of the Revised Code requires the court to sentence the
offender pursuant to division (B)(3) of section 2971.03 of the
Revised Code.
(6) A person is convicted of or pleads guilty to murder
committed on or after January 1, 2008, and division (B)(2) of
section 2929.02 of the Revised Code requires the court to sentence
the offender pursuant to section 2971.03 of the Revised Code.
(H) If a person who has been convicted of or pleaded guilty
to a felony is sentenced to a prison term or term of imprisonment
under this section, sections 2929.02 to 2929.06 of the Revised
Code, section 2929.142 of the Revised Code, section 2971.03 of the
Revised Code, or any other provision of law, section 5120.163 of
the Revised Code applies regarding the person while the person is
confined in a state correctional institution.
(I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence also is convicted of or
pleads guilty to a specification of the type described in section
2941.142 of the Revised Code that charges the offender with having
committed the felony while participating in a criminal gang, the
court shall impose upon the offender an additional prison term of
one, two, or three years.
(J)(1) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a felony of the first, second, or
third degree that is an offense of violence also is convicted of
or pleads guilty to a specification of the type described in
section 2941.143 of the Revised Code that charges the offender
with having committed the offense in a school safety zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall serve the additional two years consecutively to and
prior to the prison term imposed for the underlying offense.
(2)(a) If an offender is convicted of or pleads guilty to a
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and to a specification of the type described
in section 2941.1421 of the Revised Code and if the court imposes
a prison term on the offender for the felony violation, the court
may impose upon the offender an additional prison term as follows:
(i) Subject to division (J)(2)(a)(ii) of this section, an
additional prison term of one, two, three, four, five, or six
months;
(ii) If the offender previously has been convicted of or
pleaded guilty to one or more felony or misdemeanor violations of
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the
Revised Code and also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1421 of the
Revised Code regarding one or more of those violations, an
additional prison term of one, two, three, four, five, six, seven,
eight, nine, ten, eleven, or twelve months.
(b) In lieu of imposing an additional prison term under
division (J)(2)(a) of this section, the court may directly impose
on the offender a sanction that requires the offender to wear a
real-time processing, continual tracking electronic monitoring
device during the period of time specified by the court. The
period of time specified by the court shall equal the duration of
an additional prison term that the court could have imposed upon
the offender under division (J)(2)(a) of this section. A sanction
imposed under this division shall commence on the date specified
by the court, provided that the sanction shall not commence until
after the offender has served the prison term imposed for the
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and any residential sanction imposed for the
violation under section 2929.16 of the Revised Code. A sanction
imposed under this division shall be considered to be a community
control sanction for purposes of section 2929.15 of the Revised
Code, and all provisions of the Revised Code that pertain to
community control sanctions shall apply to a sanction imposed
under this division, except to the extent that they would by their
nature be clearly inapplicable. The offender shall pay all costs
associated with a sanction imposed under this division, including
the cost of the use of the monitoring device.
(K) At the time of sentencing, the court may recommend the
offender for placement in a program of shock incarceration under
section 5120.031 of the Revised Code or for placement in an
intensive program prison under section 5120.032 of the Revised
Code, disapprove placement of the offender in a program of shock
incarceration or an intensive program prison of that nature, or
make no recommendation on placement of the offender. In no case
shall the department of rehabilitation and correction place the
offender in a program or prison of that nature unless the
department determines as specified in section 5120.031 or 5120.032
of the Revised Code, whichever is applicable, that the offender is
eligible for the placement.
If the court disapproves placement of the offender in a
program or prison of that nature, the department of rehabilitation
and correction shall not place the offender in any program of
shock incarceration or intensive program prison.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison,
and if the offender is subsequently placed in the recommended
program or prison, the department shall notify the court of the
placement and shall include with the notice a brief description of
the placement.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison
and the department does not subsequently place the offender in the
recommended program or prison, the department shall send a notice
to the court indicating why the offender was not placed in the
recommended program or prison.
If the court does not make a recommendation under this
division with respect to an offender and if the department
determines as specified in section 5120.031 or 5120.032 of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and determine if there is an
available program of shock incarceration or an intensive program
prison for which the offender is suited. If there is an available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the proposed placement of the offender as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief description of the placement. The court
shall have ten days from receipt of the notice to disapprove the
placement.
(L) If a person is convicted of or pleads guilty to
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) of that
section applies, the person shall be sentenced pursuant to section
2929.142 of the Revised Code.
Sec. 2929.19. (A) The court shall hold a sentencing hearing
before imposing a sentence under this chapter upon an offender who
was convicted of or pleaded guilty to a felony and before
resentencing an offender who was convicted of or pleaded guilty to
a felony and whose case was remanded pursuant to section 2953.07
or 2953.08 of the Revised Code. At the hearing, the offender, the
prosecuting attorney, the victim or the victim's representative in
accordance with section 2930.14 of the Revised Code, and, with the
approval of the court, any other person may present information
relevant to the imposition of sentence in the case. The court
shall inform the offender of the verdict of the jury or finding of
the court and ask the offender whether the offender has anything
to say as to why sentence should not be imposed upon the offender.
(B)(1) At the sentencing hearing, the court, before imposing
sentence, shall consider the record, any information presented at
the hearing by any person pursuant to division (A) of this
section, and, if one was prepared, the presentence investigation
report made pursuant to section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact statement made pursuant
to section 2947.051 of the Revised Code.
(2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence imposed
in any of the following circumstances:
(a) Unless the offense is a violent sex offense or designated
homicide, assault, or kidnapping offense for which the court is
required to impose sentence pursuant to division (G) of section
2929.14 of the Revised Code, if it imposes a prison term for a
felony of the fourth or fifth degree or for a felony drug offense
that is a violation of a provision of Chapter 2925. of the Revised
Code and that is specified as being subject to division (B) of
section 2929.13 of the Revised Code for purposes of sentencing,
its reasons for imposing the prison term, based upon the
overriding purposes and principles of felony sentencing set forth
in section 2929.11 of the Revised Code, and any factors listed in
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code
that it found to apply relative to the offender.
(b) If it does not impose a prison term for a felony of the
first or second degree or for a felony drug offense that is a
violation of a provision of Chapter 2925. of the Revised Code and
for which a presumption in favor of a prison term is specified as
being applicable, its reasons for not imposing the prison term and
for overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.
(c) If it imposes consecutive sentences under section 2929.14
of the Revised Code, its reasons for imposing the consecutive
sentences;
(d) If the sentence is for one offense and it imposes a
prison term for the offense that is the maximum prison term
allowed for that offense by division (A) of section 2929.14 of the
Revised Code or section 2929.142 of the Revised Code, its reasons
for imposing the maximum prison term;
(e) If the sentence is for two or more offenses arising out
of a single incident and it imposes a prison term for those
offenses that is the maximum prison term allowed for the offense
of the highest degree by division (A) of section 2929.14 of the
Revised Code or section 2929.142 of the Revised Code, its reasons
for imposing the maximum prison term.
The court shall impose a
sentence and shall make a finding that gives its reasons for
selecting the sentence imposed in any of the following
circumstances:
(a) Unless the offense is a violent sex offense or designated
homicide, assault, or kidnapping offense for which the court is
required to impose sentence pursuant to division (G) of section
2929.14 of the Revised Code, if it imposes a prison term for a
felony of the fourth or fifth degree or for a felony drug offense
that is a violation of a provision of Chapter 2925. of the Revised
Code and that is specified as being subject to division (B) of
section 2929.13 of the Revised Code for purposes of sentencing,
its reasons for imposing the prison term, based upon the
overriding purposes and principles of felony sentencing set forth
in section 2929.11 of the Revised Code, and any factors listed in
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code
that it found to apply relative to the offender.
(b) If it does not impose a prison term for a felony of the
first or second degree or for a felony drug offense that is a
violation of a provision of Chapter 2925. of the Revised Code and
for which a presumption in favor of a prison term is specified as
being applicable, its reasons for not imposing the prison term and
for overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.
(c) If it imposes consecutive sentences under section 2929.14
of the Revised Code, its reasons for imposing the consecutive
sentences.
(d) If the sentence is for one offense and it imposes a
prison term for the offense that is the maximum prison term
allowed for that offense by division (A) of section 2929.14 of the
Revised Code or section 2929.142 of the Revised Code, its reasons
for imposing the maximum prison term.
(e) If the sentence is for two or more offenses arising out
of a single incident and it imposes a prison term for those
offenses that is the maximum prison term allowed for the offense
of the highest degree by division (A) of section 2929.14 of the
Revised Code or section 2929.142 of the Revised Code, its reasons
for imposing the maximum prison term.
(3) Subject to division (B)(4) of this section, if the
sentencing court determines at the sentencing hearing that a
prison term is necessary or required, the court shall do all of
the following:
(a) Impose a stated prison term and, if the court imposes a
mandatory prison term, notify the offender that the prison term is
a mandatory prison term;
(b) In addition to any other information, include in the
sentencing entry the name and section reference to the offense or
offenses, the sentence or sentences imposed and whether the
sentence or sentences contain mandatory prison terms, if sentences
are imposed for multiple counts whether the sentences are to be
served concurrently or consecutively, and the name and section
reference of any specification or specifications for which
sentence is imposed and the sentence or sentences imposed for the
specification or specifications;
(c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if the offender is being sentenced for a felony of
the first degree or second degree, for a felony sex offense, or
for a felony of the third degree that is not a felony sex offense
and in the commission of which the offender caused or threatened
to cause physical harm to a person. If a court imposes a sentence
including a prison term of a type described in division (B)(3)(c)
of this section on or after July 11, 2006, the failure of a court
to notify the offender pursuant to division (B)(3)(c) of this
section that the offender will be supervised under section 2967.28
of the Revised Code after the offender leaves prison or to include
in the judgment of conviction entered on the journal a statement
to that effect does not negate, limit, or otherwise affect the
mandatory period of supervision that is required for the offender
under division (B) of section 2967.28 of the Revised Code. Section
2929.191 of the Revised Code applies if, prior to July 11, 2006, a
court imposed a sentence including a prison term of a type
described in division (B)(3)(c) of this section and failed to
notify the offender pursuant to division (B)(3)(c) of this section
regarding post-release control or to include in the judgment of
conviction entered on the journal or in the sentence a statement
regarding post-release control.
(d) Notify the offender that the offender may be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if the offender is being sentenced for a felony of
the third, fourth, or fifth degree that is not subject to division
(B)(3)(c) of this section. Section 2929.191 of the Revised Code
applies if, prior to July 11, 2006, a court imposed a sentence
including a prison term of a type described in division (B)(3)(d)
of this section and failed to notify the offender pursuant to
division (B)(3)(d) of this section regarding post-release control
or to include in the judgment of conviction entered on the journal
or in the sentence a statement regarding post-release control.
(e) Notify the offender that, if a period of supervision is
imposed following the offender's release from prison, as described
in division (B)(3)(c) or (d) of this section, and if the offender
violates that supervision or a condition of post-release control
imposed under division (B) of section 2967.131 of the Revised
Code, the parole board may impose a prison term, as part of the
sentence, of up to one-half of the stated prison term originally
imposed upon the offender. If a court imposes a sentence including
a prison term on or after July 11, 2006, the failure of a court to
notify the offender pursuant to division (B)(3)(e) of this section
that the parole board may impose a prison term as described in
division (B)(3)(e) of this section for a violation of that
supervision or a condition of post-release control imposed under
division (B) of section 2967.131 of the Revised Code or to include
in the judgment of conviction entered on the journal a statement
to that effect does not negate, limit, or otherwise affect the
authority of the parole board to so impose a prison term for a
violation of that nature if, pursuant to division (D)(1) of
section 2967.28 of the Revised Code, the parole board notifies the
offender prior to the offender's release of the board's authority
to so impose a prison term. Section 2929.191 of the Revised Code
applies if, prior to July 11, 2006, a court imposed a sentence
including a prison term and failed to notify the offender pursuant
to division (B)(3)(e) of this section regarding the possibility of
the parole board imposing a prison term for a violation of
supervision or a condition of post-release control.
(f) Require that the offender not ingest or be injected with
a drug of abuse and submit to random drug testing as provided in
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever
is applicable to the offender who is serving a prison term, and
require that the results of the drug test administered under any
of those sections indicate that the offender did not ingest or was
not injected with a drug of abuse.
(4)(a) The court shall include in the offender's sentence a
statement that the offender is a tier III sex
offender/child-victim offender, and the court shall comply with
the requirements of section 2950.03 of the Revised Code if any of
the following apply:
(i) The offender is being sentenced for a violent sex offense
or designated homicide, assault, or kidnapping offense that the
offender committed on or after January 1, 1997, and the offender
is adjudicated a sexually violent predator in relation to that
offense.
(ii) The offender is being sentenced for a sexually oriented
offense that the offender committed on or after January 1, 1997,
and the offender is a tier III sex offender/child-victim offender
relative to that offense.
(iii) The offender is being sentenced on or after July 31,
2003, for a child-victim oriented offense, and the offender is a
tier III sex offender/child-victim offender relative to that
offense.
(iv) The offender is being sentenced under section 2971.03 of
the Revised Code for a violation of division (A)(1)(b) of section
2907.02 of the Revised Code committed on or after January 2, 2007.
(v) The offender is sentenced to a term of life without
parole under division (B) of section 2907.02 of the Revised Code.
(vi) The offender is being sentenced for attempted rape
committed on or after January 2, 2007, and a specification of the
type described in section 2941.1418, 2941.1419, or 2941.1420 of
the Revised Code.
(vii) The offender is being sentenced under division
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code
for an offense described in those divisions committed on or after
January 1, 2008.
(b) Additionally, if any criterion set forth in divisions
(B)(4)(a)(i) to (vii) of this section is satisfied, in the
circumstances described in division (G) of section 2929.14 of the
Revised Code, the court shall impose sentence on the offender as
described in that division.
(5) If the sentencing court determines at the sentencing
hearing that a community control sanction should be imposed and
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction. The
court shall notify the offender that, if the conditions of the
sanction are violated, if the offender commits a violation of any
law, or if the offender leaves this state without the permission
of the court or the offender's probation officer, the court may
impose a longer time under the same sanction, may impose a more
restrictive sanction, or may impose a prison term on the offender
and shall indicate the specific prison term that may be imposed as
a sanction for the violation, as selected by the court from the
range of prison terms for the offense pursuant to section 2929.14
of the Revised Code.
(6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section 2929.32 of the
Revised Code, the court shall consider the offender's present and
future ability to pay the amount of the sanction or fine.
(7) If the sentencing court sentences the offender to a
sanction of confinement pursuant to section 2929.14 or 2929.16 of
the Revised Code that is to be served in a local detention
facility, as defined in section 2929.36 of the Revised Code, and
if the local detention facility is covered by a policy adopted
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code
and section 2929.37 of the Revised Code, both of the following
apply:
(a) The court shall specify both of the following as part of
the sentence:
(i) If the offender is presented with an itemized bill
pursuant to section 2929.37 of the Revised Code for payment of the
costs of confinement, the offender is required to pay the bill in
accordance with that section.
(ii) If the offender does not dispute the bill described in
division (B)(7)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may issue a certificate of judgment against the
offender as described in that section.
(b) The sentence automatically includes any certificate of
judgment issued as described in division (B)(7)(a)(ii) of this
section.
(8) The failure of the court to notify the offender that a
prison term is a mandatory prison term pursuant to division
(B)(3)(a) of this section or to include in the sentencing entry
any information required by division (B)(3)(b) of this section
does not affect the validity of the imposed sentence or sentences.
If the sentencing court notifies the offender at the sentencing
hearing that a prison term is mandatory but the sentencing entry
does not specify that the prison term is mandatory, the court may
complete a corrected journal entry and send copies of the
corrected entry to the offender and the department of
rehabilitation and correction, or, at the request of the state,
the court shall complete a corrected journal entry and send copies
of the corrected entry to the offender and department of
rehabilitation and correction.
(C)(1) If the offender is being sentenced for a fourth degree
felony OVI offense under division (G)(1) of section 2929.13 of the
Revised Code, the court shall impose the mandatory term of local
incarceration in accordance with that division, shall impose a
mandatory fine in accordance with division (B)(3) of section
2929.18 of the Revised Code, and, in addition, may impose
additional sanctions as specified in sections 2929.15, 2929.16,
2929.17, and 2929.18 of the Revised Code. The court shall not
impose a prison term on the offender except that the court may
impose a prison term upon the offender as provided in division
(A)(1) of section 2929.13 of the Revised Code.
(2) If the offender is being sentenced for a third or fourth
degree felony OVI offense under division (G)(2) of section 2929.13
of the Revised Code, the court shall impose the mandatory prison
term in accordance with that division, shall impose a mandatory
fine in accordance with division (B)(3) of section 2929.18 of the
Revised Code, and, in addition, may impose an additional prison
term as specified in section 2929.14 of the Revised Code. In
addition to the mandatory prison term or mandatory prison term and
additional prison term the court imposes, the court also may
impose a community control sanction on the offender, but the
offender shall serve all of the prison terms so imposed prior to
serving the community control sanction.
(D) The sentencing court, pursuant to division (K) of section
2929.14 of the Revised Code, may recommend placement of the
offender in a program of shock incarceration under section
5120.031 of the Revised Code or an intensive program prison under
section 5120.032 of the Revised Code, disapprove placement of the
offender in a program or prison of that nature, or make no
recommendation. If the court recommends or disapproves placement,
it shall make a finding that gives its reasons for its
recommendation or disapproval.
Sec. 2929.41. (A) Except as provided in division (B) of this
section, division (E) of section 2929.14, or division (D) or (E)
of section 2971.03 of the Revised Code, a prison term, jail term,
or sentence of imprisonment shall be served concurrently with any
other prison term, jail term, or sentence of imprisonment imposed
by a court of this state, another state, or the United States.
Except as provided in division (B)(3) of this section, a jail term
or sentence of imprisonment for misdemeanor shall be served
concurrently with a prison term or sentence of imprisonment for
felony served in a state or federal correctional institution.
Except as provided in division (B) of this section, division (E)
of section 2929.14, or division (D) or (E) of section 2971.03 of
the Revised Code, a prison term, jail term, or sentence of
imprisonment shall be served concurrently with any other prison
term, jail term, or sentence of imprisonment imposed by a court of
this state, another state, or the United States. Except as
provided in division (B)(3) of this section, a jail term or
sentence of imprisonment for misdemeanor shall be served
concurrently with a prison term or sentence of imprisonment for
felony served in a state or federal correctional institution.
(B)(1) A jail term or sentence of imprisonment for a
misdemeanor shall be served consecutively to any other prison
term, jail term, or sentence of imprisonment when the trial court
specifies that it is to be served consecutively or when it is
imposed for a misdemeanor violation of section 2907.322, 2921.34,
or 2923.131 of the Revised Code.
When consecutive sentences are imposed for misdemeanor under
this division, the term to be served is the aggregate of the
consecutive terms imposed, except that the aggregate term to be
served shall not exceed eighteen months.
(2) If a court of this state imposes a prison term upon the
offender for the commission of a felony and a court of another
state or the United States also has imposed a prison term upon the
offender for the commission of a felony, the court of this state
may order that the offender serve the prison term it imposes
consecutively to any prison term imposed upon the offender by the
court of another state or the United States.
(3) A jail term or sentence of imprisonment imposed for a
misdemeanor violation of section 4510.11, 4510.14, 4510.16,
4510.21, or 4511.19 of the Revised Code shall be served
consecutively to a prison term that is imposed for a felony
violation of section 2903.06, 2903.07, 2903.08, or 4511.19 of the
Revised Code or a felony violation of section 2903.04 of the
Revised Code involving the operation of a motor vehicle by the
offender and that is served in a state correctional institution
when the trial court specifies that it is to be served
consecutively.
When consecutive jail terms or sentences of imprisonment and
prison terms are imposed for one or more misdemeanors and one or
more felonies under this division, the term to be served is the
aggregate of the consecutive terms imposed, and the offender shall
serve all terms imposed for a felony before serving any term
imposed for a misdemeanor.
Sec. 2939.11. The official shorthand reporter of the county,
or any shorthand reporter designated by the court of common pleas,
at the request of the prosecuting attorney, or any such reporter
designated by the attorney general in investigations conducted by
him the attorney general, may take shorthand notes of, or
electronically record, testimony before the grand jury, and
furnish a transcript to the prosecuting attorney or the attorney
general, and to no other person. The shorthand reporter shall
withdraw from the jury room before the jurors begin to express
their views or take their vote on the matter before them. Such
reporter shall take an oath to be administered by the judge after
the grand jury is sworn, imposing an obligation of secrecy to not
disclose any testimony taken or heard except to the grand jury,
prosecuting attorney, or attorney general, unless called upon in
court to make disclosures.
Sec. 2945.371. (A) If the issue of a defendant's competence
to stand trial is raised or if a defendant enters a plea of not
guilty by reason of insanity, the court may order one or more
evaluations of the defendant's present mental condition or, in the
case of a plea of not guilty by reason of insanity, of the
defendant's mental condition at the time of the offense charged.
An examiner shall conduct the evaluation.
(B) If the court orders more than one evaluation under
division (A) of this section, the prosecutor and the defendant may
recommend to the court an examiner whom each prefers to perform
one of the evaluations. If a defendant enters a plea of not guilty
by reason of insanity and if the court does not designate an
examiner recommended by the defendant, the court shall inform the
defendant that the defendant may have independent expert
evaluation and that, if the defendant is unable to obtain
independent expert evaluation, it will be obtained for the
defendant at public expense if the defendant is indigent.
(C) If the court orders an evaluation under division (A) of
this section, the defendant shall be available at the times and
places established by the examiners who are to conduct the
evaluation. The court may order a defendant who has been released
on bail or recognizance to submit to an evaluation under this
section. If a defendant who has been released on bail or
recognizance refuses to submit to a complete evaluation, the court
may amend the conditions of bail or recognizance and order the
sheriff to take the defendant into custody and deliver the
defendant to a center, program, or facility operated or certified
by the department of mental health or the department of
developmental disabilities where the defendant may be held for
evaluation for a reasonable period of time not to exceed twenty
days.
(D) A defendant who has not been released on bail or
recognizance may be evaluated at the defendant's place of
detention. Upon the request of the examiner, the court may order
the sheriff to transport the defendant to a program or facility
operated or certified by the department of mental health or the
department of developmental disabilities, where the defendant may
be held for evaluation for a reasonable period of time not to
exceed twenty days, and to return the defendant to the place of
detention after the evaluation. A municipal court may make an
order under this division only upon the request of a certified
forensic center examiner.
(E) If a court orders the evaluation to determine a
defendant's mental condition at the time of the offense charged,
the court shall inform the examiner of the offense with which the
defendant is charged.
(F) In conducting an evaluation of a defendant's mental
condition at the time of the offense charged, the examiner shall
consider all relevant evidence. If the offense charged involves
the use of force against another person, the relevant evidence to
be considered includes, but is not limited to, any evidence that
the defendant suffered, at the time of the commission of the
offense, from the "battered woman syndrome."
(G) The examiner shall file a written report with the court
within thirty days after entry of a court order for evaluation,
and the court shall provide copies of the report to the prosecutor
and defense counsel. The report shall include all of the
following:
(1) The examiner's findings;
(2) The facts in reasonable detail on which the findings are
based;
(3) If the evaluation was ordered to determine the
defendant's competence to stand trial, all of the following
findings or recommendations that are applicable:
(a) Whether the defendant is capable of understanding the
nature and objective of the proceedings against the defendant or
of assisting in the defendant's defense;
(b) If the examiner's opinion is that the defendant is
incapable of understanding the nature and objective of the
proceedings against the defendant or of assisting in the
defendant's defense, whether the defendant presently is mentally
ill or mentally retarded and, if the examiner's opinion is that
the defendant presently is mentally retarded, whether the
defendant appears to be a mentally retarded person subject to
institutionalization by court order;
(c) If the examiner's opinion is that the defendant is
incapable of understanding the nature and objective of the
proceedings against the defendant or of assisting in the
defendant's defense, the examiner's opinion as to the likelihood
of the defendant becoming capable of understanding the nature and
objective of the proceedings against the defendant and of
assisting in the defendant's defense within one year if the
defendant is provided with a course of treatment;
(d) If the examiner's opinion is that the defendant is
incapable of understanding the nature and objective of the
proceedings against the defendant or of assisting in the
defendant's defense and that the defendant presently is mentally
ill or mentally retarded, the examiner's recommendation as to the
least restrictive treatment placement or commitment alternative,
consistent with the defendant's treatment needs for restoration to
competency and with the safety of the community;
(e) If the defendant is charged with a misdemeanor offense
that is not an offense of violence and the examiner's opinion is
that the defendant is incapable of understanding the nature and
objective of the proceedings against the defendant or of assisting
in the defendant's defense and that the defendant is presently
mentally ill or mentally retarded, the examiner's recommendation
as to whether the defendant is amenable to engagement in mental
health treatment or developmental disability services.
(4) If the evaluation was ordered to determine the
defendant's mental condition at the time of the offense charged,
the examiner's findings as to whether the defendant, at the time
of the offense charged, did not know, as a result of a severe
mental disease or defect, the wrongfulness of the defendant's acts
charged.
(H) If the examiner's report filed under division (G) of this
section indicates that in the examiner's opinion the defendant is
incapable of understanding the nature and objective of the
proceedings against the defendant or of assisting in the
defendant's defense and that in the examiner's opinion the
defendant appears to be a mentally retarded person subject to
institutionalization by court order, the court shall order the
defendant to undergo a separate mental retardation evaluation
conducted by a psychologist designated by the director of
developmental disabilities. Divisions (C) to (F) of this section
apply in relation to a separate mental retardation evaluation
conducted under this division. The psychologist appointed under
this division to conduct the separate mental retardation
evaluation shall file a written report with the court within
thirty days after the entry of the court order requiring the
separate mental retardation evaluation, and the court shall
provide copies of the report to the prosecutor and defense
counsel. The report shall include all of the information described
in divisions (G)(1) to (4) of this section. If the court orders a
separate mental retardation evaluation of a defendant under this
division, the court shall not conduct a hearing under divisions
(B) to (H) of section 2945.37 of the Revised Code regarding that
defendant until a report of the separate mental retardation
evaluation conducted under this division has been filed. Upon the
filing of that report, the court shall conduct the hearing within
the period of time specified in division (C) of section 2945.37 of
the Revised Code.
(I) An examiner appointed under divisions (A) and (B) of this
section or under division (H) of this section to evaluate a
defendant to determine the defendant's competence to stand trial
also may be appointed to evaluate a defendant who has entered a
plea of not guilty by reason of insanity, but an examiner of that
nature shall prepare separate reports on the issue of competence
to stand trial and the defense of not guilty by reason of
insanity.
(J) No statement that a defendant makes in an evaluation or
hearing under divisions (A) to (H) of this section relating to the
defendant's competence to stand trial or to the defendant's mental
condition at the time of the offense charged shall be used against
the defendant on the issue of guilt in any criminal action or
proceeding, but, in a criminal action or proceeding, the
prosecutor or defense counsel may call as a witness any person who
evaluated the defendant or prepared a report pursuant to a
referral under this section. Neither the appointment nor the
testimony of an examiner appointed under this section precludes
the prosecutor or defense counsel from calling other witnesses or
presenting other evidence on competency or insanity issues.
(K) Persons appointed as examiners under divisions (A) and
(B) of this section or under division (H) of this section shall be
paid a reasonable amount for their services and expenses, as
certified by the court. The certified amount shall be paid by the
county in the case of county courts and courts of common pleas and
by the legislative authority, as defined in section 1901.03 of the
Revised Code, in the case of municipal courts.
Sec. 2945.38. (A) If the issue of a defendant's competence
to stand trial is raised and if the court, upon conducting the
hearing provided for in section 2945.37 of the Revised Code, finds
that the defendant is competent to stand trial, the defendant
shall be proceeded against as provided by law. If the court finds
the defendant competent to stand trial and the defendant is
receiving psychotropic drugs or other medication, the court may
authorize the continued administration of the drugs or medication
or other appropriate treatment in order to maintain the
defendant's competence to stand trial, unless the defendant's
attending physician advises the court against continuation of the
drugs, other medication, or treatment.
(B)(1)(a) If, after taking into consideration all relevant
reports, information, and other evidence, the court finds that the
defendant is incompetent to stand trial and that there is a
substantial probability that the defendant will become competent
to stand trial within one year if the defendant is provided with a
course of treatment, the court shall order the defendant to
undergo treatment. If the defendant has been charged with a felony
offense and if, after taking into consideration all relevant
reports, information, and other evidence, the court finds that the
defendant is incompetent to stand trial, but the court is unable
at that time to determine whether there is a substantial
probability that the defendant will become competent to stand
trial within one year if the defendant is provided with a course
of treatment, the court shall order continuing evaluation and
treatment of the defendant for a period not to exceed four months
to determine whether there is a substantial probability that the
defendant will become competent to stand trial within one year if
the defendant is provided with a course of treatment.
(b) The court order for the defendant to undergo treatment or
continuing evaluation and treatment under division (B)(1)(a) of
this section shall specify that the defendant, if determined to
require mental health treatment or continuing evaluation and
treatment, shall be committed to the department of mental health
for treatment or continuing evaluation and treatment shall occur
at a hospital, facility, or agency, as determined to be clinically
appropriate by the department of mental health and, if determined
to require treatment or continuing evaluation and treatment for a
developmental disability, shall receive treatment or continuing
evaluation and treatment at an institution or facility operated by
the department of mental health or the department of developmental
disabilities, at a facility certified by either of those
departments the department of developmental disabilities as being
qualified to treat mental illness or mental retardation, at a
public or private community mental health or mental retardation
facility, or by a
psychiatrist or another mental health or mental
retardation professional. The order may restrict the defendant's
freedom of movement as the court considers necessary. The
prosecutor in the defendant's case shall send to the chief
clinical officer of the hospital or, facility,
or agency where
the defendant is placed by the department of mental health, or to
the managing officer of the institution, the director of the
program facility, or the person to which the defendant is
committed, copies of relevant police reports and other background
information that pertains to the defendant and is available to the
prosecutor unless the prosecutor determines that the release of
any of the information in the police reports or any of the other
background information to unauthorized persons would interfere
with the effective prosecution of any person or would create a
substantial risk of harm to any person.
In committing the defendant to the department of mental
health, the court shall consider the extent to which the person is
a danger to the person and to others, the need for security, and
the type of crime involved and, if the court finds that
restrictions on the defendant's freedom of movement are necessary,
shall specify the least restrictive limitations on the person's
freedom of movement determined to be necessary to protect public
safety. In determining placement commitment alternatives for
defendants determined to require treatment or continuing
evaluation and treatment for developmental disabilities, the court
shall consider the extent to which the person is a danger to the
person and to others, the need for security, and the type of crime
involved and shall order the least restrictive alternative
available that is consistent with public safety and treatment
goals. In weighing these factors, the court shall give preference
to protecting public safety.
(c) If the defendant is found incompetent to stand trial, if
the chief clinical officer of the hospital or, facility, or agency
where the defendant is placed, or the managing officer of the
institution, the director of the program facility, or the person
to which the defendant is committed for treatment or continuing
evaluation and treatment under division (B)(1)(b) of this section
determines that medication is necessary to restore the defendant's
competency to stand trial, and if the defendant lacks the capacity
to give informed consent or refuses medication, the chief clinical
officer of the hospital, facility, or agency where the defendant
is placed, or the managing officer of the institution, the
director of the facility, or the person to which the defendant is
committed for treatment or continuing evaluation and treatment may
petition the court for authorization for the involuntary
administration of medication. The court shall hold a hearing on
the petition within five days of the filing of the petition if the
petition was filed in a municipal court or a county court
regarding an incompetent defendant charged with a misdemeanor or
within ten days of the filing of the petition if the petition was
filed in a court of common pleas regarding an incompetent
defendant charged with a felony offense. Following the hearing,
the court may authorize the involuntary administration of
medication or may dismiss the petition.
(d) If the defendant is charged with a misdemeanor offense
that is not an offense of violence, the prosecutor may hold the
charges in abeyance while the defendant engages in mental health
treatment or developmental disability services.
(2) If the court finds that the defendant is incompetent to
stand trial and that, even if the defendant is provided with a
course of treatment, there is not a substantial probability that
the defendant will become competent to stand trial within one
year, the court shall order the discharge of the defendant, unless
upon motion of the prosecutor or on its own motion, the court
either seeks to retain jurisdiction over the defendant pursuant to
section 2945.39 of the Revised Code or files an affidavit in the
probate court for the civil commitment of the defendant pursuant
to Chapter 5122. or 5123. of the Revised Code alleging that the
defendant is a mentally ill person subject to hospitalization by
court order or a mentally retarded person subject to
institutionalization by court order. If an affidavit is filed in
the probate court, the trial court shall send to the probate court
copies of all written reports of the defendant's mental condition
that were prepared pursuant to section 2945.371 of the Revised
Code.
The trial court may issue the temporary order of detention
that a probate court may issue under section 5122.11 or 5123.71 of
the Revised Code, to remain in effect until the probable cause or
initial hearing in the probate court. Further proceedings in the
probate court are civil proceedings governed by Chapter 5122. or
5123. of the Revised Code.
(C) No defendant shall be required to undergo treatment,
including any continuing evaluation and treatment, under division
(B)(1) of this section for longer than whichever of the following
periods is applicable:
(1) One year, if the most serious offense with which the
defendant is charged is one of the following offenses:
(a) Aggravated murder, murder, or an offense of violence for
which a sentence of death or life imprisonment may be imposed;
(b) An offense of violence that is a felony of the first or
second degree;
(c) A conspiracy to commit, an attempt to commit, or
complicity in the commission of an offense described in division
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or
complicity is a felony of the first or second degree.
(2) Six months, if the most serious offense with which the
defendant is charged is a felony other than a felony described in
division (C)(1) of this section;
(3) Sixty days, if the most serious offense with which the
defendant is charged is a misdemeanor of the first or second
degree;
(4) Thirty days, if the most serious offense with which the
defendant is charged is a misdemeanor of the third or fourth
degree, a minor misdemeanor, or an unclassified misdemeanor.
(D) Any defendant who is committed pursuant to this section
shall not voluntarily admit the defendant or be voluntarily
admitted to a hospital or institution pursuant to section 5122.02,
5122.15, 5123.69, or 5123.76 of the Revised Code.
(E) Except as otherwise provided in this division, a
defendant who is charged with an offense and is committed by the
court under this section to a hospital the department of mental
health with restrictions on the defendant's freedom of movement or
other is committed to an institution by the court under this
section
or facility for the treatment of developmental
disabilities shall not be granted unsupervised on-grounds
movement, supervised off-grounds movement, or nonsecured status
except in accordance with the court order. The court may grant a
defendant supervised off-grounds movement to obtain medical
treatment or specialized habilitation treatment services if the
person who supervises the treatment or the continuing evaluation
and treatment of the defendant ordered under division (B)(1)(a) of
this section informs the court that the treatment or continuing
evaluation and treatment cannot be provided at the hospital or
facility where the defendant is placed by the department of mental
health or the institution or facility to which the defendant is
committed. The chief clinical officer of the hospital or facility
where the defendant is placed by the department of mental health
or the managing officer of the institution or director of the
facility to which the defendant is committed, or a designee of
either any of those persons, may grant a defendant movement to a
medical facility for an emergency medical situation with
appropriate supervision to ensure the safety of the defendant,
staff, and community during that emergency medical situation. The
chief clinical officer of the hospital or facility where the
defendant is placed by the department of mental health or the
managing officer of the institution or director of the facility to
which the defendant is committed shall notify the court within
twenty-four hours of the defendant's movement to the medical
facility for an emergency medical situation under this division.
(F) The person who supervises the treatment or continuing
evaluation and treatment of a defendant ordered to undergo
treatment or continuing evaluation and treatment under division
(B)(1)(a) of this section shall file a written report with the
court at the following times:
(1) Whenever the person believes the defendant is capable of
understanding the nature and objective of the proceedings against
the defendant and of assisting in the defendant's defense;
(2) For a felony offense, fourteen days before expiration of
the maximum time for treatment as specified in division (C) of
this section and fourteen days before the expiration of the
maximum time for continuing evaluation and treatment as specified
in division (B)(1)(a) of this section, and, for a misdemeanor
offense, ten days before the expiration of the maximum time for
treatment, as specified in division (C) of this section;
(3) At a minimum, after each six months of treatment;
(4) Whenever the person who supervises the treatment or
continuing evaluation and treatment of a defendant ordered under
division (B)(1)(a) of this section believes that there is not a
substantial probability that the defendant will become capable of
understanding the nature and objective of the proceedings against
the defendant or of assisting in the defendant's defense even if
the defendant is provided with a course of treatment.
(G) A report under division (F) of this section shall contain
the examiner's findings, the facts in reasonable detail on which
the findings are based, and the examiner's opinion as to the
defendant's capability of understanding the nature and objective
of the proceedings against the defendant and of assisting in the
defendant's defense. If, in the examiner's opinion, the defendant
remains incapable of understanding the nature and objective of the
proceedings against the defendant and of assisting in the
defendant's defense and there is a substantial probability that
the defendant will become capable of understanding the nature and
objective of the proceedings against the defendant and of
assisting in the defendant's defense if the defendant is provided
with a course of treatment, if in the examiner's opinion the
defendant remains mentally ill or mentally retarded, and if the
maximum time for treatment as specified in division (C) of this
section has not expired, the report also shall contain the
examiner's recommendation as to the least restrictive treatment
placement or commitment alternative that is consistent with the
defendant's treatment needs for restoration to competency and with
the safety of the community. The court shall provide copies of the
report to the prosecutor and defense counsel.
(H) If a defendant is committed pursuant to division (B)(1)
of this section, within ten days after the treating physician of
the defendant or the examiner of the defendant who is employed or
retained by the treating facility advises that there is not a
substantial probability that the defendant will become capable of
understanding the nature and objective of the proceedings against
the defendant or of assisting in the defendant's defense even if
the defendant is provided with a course of treatment, within ten
days after the expiration of the maximum time for treatment as
specified in division (C) of this section, within ten days after
the expiration of the maximum time for continuing evaluation and
treatment as specified in division (B)(1)(a) of this section,
within thirty days after a defendant's request for a hearing that
is made after six months of treatment, or within thirty days after
being advised by the treating physician or examiner that the
defendant is competent to stand trial, whichever is the earliest,
the court shall conduct another hearing to determine if the
defendant is competent to stand trial and shall do whichever of
the following is applicable:
(1) If the court finds that the defendant is competent to
stand trial, the defendant shall be proceeded against as provided
by law.
(2) If the court finds that the defendant is incompetent to
stand trial, but that there is a substantial probability that the
defendant will become competent to stand trial if the defendant is
provided with a course of treatment, and the maximum time for
treatment as specified in division (C) of this section has not
expired, the court, after consideration of the examiner's
recommendation, shall order that treatment be continued, may
change the facility or program at which the treatment is to be
continued least restrictive limitations on the defendant's freedom
of movement, and, if applicable, shall specify whether the
treatment for developmental disabilities is to be continued at the
same or a different facility or program institution.
(3) If the court finds that the defendant is incompetent to
stand trial, if the defendant is charged with an offense listed in
division (C)(1) of this section, and if the court finds that there
is not a substantial probability that the defendant will become
competent to stand trial even if the defendant is provided with a
course of treatment, or if the maximum time for treatment relative
to that offense as specified in division (C) of this section has
expired, further proceedings shall be as provided in sections
2945.39, 2945.401, and 2945.402 of the Revised Code.
(4) If the court finds that the defendant is incompetent to
stand trial, if the most serious offense with which the defendant
is charged is a misdemeanor or a felony other than a felony listed
in division (C)(1) of this section, and if the court finds that
there is not a substantial probability that the defendant will
become competent to stand trial even if the defendant is provided
with a course of treatment, or if the maximum time for treatment
relative to that offense as specified in division (C) of this
section has expired, the court shall dismiss the indictment,
information, or complaint against the defendant. A dismissal under
this division is not a bar to further prosecution based on the
same conduct. The court shall discharge the defendant unless the
court or prosecutor files an affidavit in probate court for civil
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.
If an affidavit for civil commitment is filed, the court may
detain the defendant for ten days pending civil commitment. All of
the following provisions apply to persons charged with a
misdemeanor or a felony other than a felony listed in division
(C)(1) of this section who are committed by the probate court
subsequent to the court's or prosecutor's filing of an affidavit
for civil commitment under authority of this division:
(a) The chief clinical officer of the entity, hospital, or
facility, the managing officer of the institution, the director of
the program, or the person to which the defendant is committed or
admitted shall do all of the following:
(i) Notify the prosecutor, in writing, of the discharge of
the defendant, send the notice at least ten days prior to the
discharge unless the discharge is by the probate court, and state
in the notice the date on which the defendant will be discharged;
(ii) Notify the prosecutor, in writing, when the defendant is
absent without leave or is granted unsupervised, off-grounds
movement, and send this notice promptly after the discovery of the
absence without leave or prior to the granting of the
unsupervised, off-grounds movement, whichever is applicable;
(iii) Notify the prosecutor, in writing, of the change of the
defendant's commitment or admission to voluntary status, send the
notice promptly upon learning of the change to voluntary status,
and state in the notice the date on which the defendant was
committed or admitted on a voluntary status.
(b) Upon receiving notice that the defendant will be granted
unsupervised, off-grounds movement, the prosecutor either shall
re-indict the defendant or promptly notify the court that the
prosecutor does not intend to prosecute the charges against the
defendant.
(I) If a defendant is convicted of a crime and sentenced to a
jail or workhouse, the defendant's sentence shall be reduced by
the total number of days the defendant is confined for evaluation
to determine the defendant's competence to stand trial or
treatment under this section and sections 2945.37 and 2945.371 of
the Revised Code or by the total number of days the defendant is
confined for evaluation to determine the defendant's mental
condition at the time of the offense charged.
Sec. 2945.39. (A) If a defendant who is charged with an
offense described in division (C)(1) of section 2945.38 of the
Revised Code is found incompetent to stand trial, after the
expiration of the maximum time for treatment as specified in
division (C) of that section or after the court finds that there
is not a substantial probability that the defendant will become
competent to stand trial even if the defendant is provided with a
course of treatment, one of the following applies:
(1) The court or the prosecutor may file an affidavit in
probate court for civil commitment of the defendant in the manner
provided in Chapter 5122. or 5123. of the Revised Code. If the
court or prosecutor files an affidavit for civil commitment, the
court may detain the defendant for ten days pending civil
commitment. If the probate court commits the defendant subsequent
to the court's or prosecutor's filing of an affidavit for civil
commitment, the chief clinical officer of the entity, hospital, or
facility, the managing officer of the institution, the director of
the program, or the person to which the defendant is committed or
admitted shall send to the prosecutor the notices described in
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised
Code within the periods of time and under the circumstances
specified in those divisions.
(2) On the motion of the prosecutor or on its own motion, the
court may retain jurisdiction over the defendant if, at a hearing,
the court finds both of the following by clear and convincing
evidence:
(a) The defendant committed the offense with which the
defendant is charged.
(b) The defendant is a mentally ill person subject to
hospitalization by court order or a mentally retarded person
subject to institutionalization by court order.
(B) In making its determination under division (A)(2) of this
section as to whether to retain jurisdiction over the defendant,
the court may consider all relevant evidence, including, but not
limited to, any relevant psychiatric, psychological, or medical
testimony or reports, the acts constituting the offense charged,
and any history of the defendant that is relevant to the
defendant's ability to conform to the law.
(C) If the court conducts a hearing as described in division
(A)(2) of this section and if the court does not make both
findings described in divisions (A)(2)(a) and (b) of this section
by clear and convincing evidence, the court shall dismiss the
indictment, information, or complaint against the defendant. Upon
the dismissal, the court shall discharge the defendant unless the
court or prosecutor files an affidavit in probate court for civil
commitment of the defendant pursuant to Chapter 5122. or 5123. of
the Revised Code. If the court or prosecutor files an affidavit
for civil commitment, the court may order that the defendant be
detained for up to ten days pending the civil commitment. If the
probate court commits the defendant subsequent to the court's or
prosecutor's filing of an affidavit for civil commitment, the
chief clinical officer of the entity, hospital, or facility, the
managing officer of the institution, the director of the program,
or the person to which the defendant is committed or admitted
shall send to the prosecutor the notices described in divisions
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code
within the periods of time and under the circumstances specified
in those divisions. A dismissal of charges under this division is
not a bar to further criminal proceedings based on the same
conduct.
(D)(1) If the court conducts a hearing as described in
division (A)(2) of this section and if the court makes the
findings described in divisions (A)(2)(a) and (b) of this section
by clear and convincing evidence, the court shall commit the
defendant, if determined to require mental health treatment, to a
hospital operated by the department of mental health for treatment
at a hospital, facility, or agency as determined clinically
appropriate by the department of mental health or, if determined
to require treatment for developmental disabilities, to a facility
operated by the department of developmental disabilities, or
another medical or psychiatric facility, as appropriate. In
committing the defendant to the department of mental health, the
court shall specify the least restrictive limitations on the
defendant's freedom of movement determined to be necessary to
protect public safety. In determining the place and nature of the
commitment to a facility operated by the department of
developmental disabilities or another facility for treatment of
developmental disabilities, the court shall order the least
restrictive commitment alternative available that is consistent
with public safety and the welfare of the defendant. In weighing
these factors, the court shall give preference to protecting
public safety.
(2) If a court makes a commitment of a defendant under
division (D)(1) of this section, the prosecutor shall send to the
hospital, facility, or agency where the defendant is placed by the
department of mental health or to the defendant's place of
commitment all reports of the defendant's current mental condition
and, except as otherwise provided in this division, any other
relevant information, including, but not limited to, a transcript
of the hearing held pursuant to division (A)(2) of this section,
copies of relevant police reports, and copies of any prior arrest
and conviction records that pertain to the defendant and that the
prosecutor possesses. The prosecutor shall send the reports of the
defendant's current mental condition in every case of commitment,
and, unless the prosecutor determines that the release of any of
the other relevant information to unauthorized persons would
interfere with the effective prosecution of any person or would
create a substantial risk of harm to any person, the prosecutor
also shall send the other relevant information.
Upon admission of
a defendant committed under division (D)(1) of this section, the
place of commitment shall send to the board of alcohol, drug
addiction, and mental health services or the community mental
health board serving the county in which the charges against the
defendant were filed a copy of all reports of the defendant's
current mental condition and a copy of the other relevant
information provided by the prosecutor under this division,
including, if provided, a transcript of the hearing held pursuant
to division (A)(2) of this section, the relevant police reports,
and the prior arrest and conviction records that pertain to the
defendant and that the prosecutor possesses.
(3) If a court makes a commitment under division (D)(1) of
this section, all further proceedings shall be in accordance with
sections 2945.401 and 2945.402 of the Revised Code.
Sec. 2945.40. (A) If a person is found not guilty by reason
of insanity, the verdict shall state that finding, and the trial
court shall conduct a full hearing to determine whether the person
is a mentally ill person subject to hospitalization by court order
or a mentally retarded person subject to institutionalization by
court order. Prior to the hearing, if the trial judge believes
that there is probable cause that the person found not guilty by
reason of insanity is a mentally ill person subject to
hospitalization by court order or mentally retarded person subject
to institutionalization by court order, the trial judge may issue
a temporary order of detention for that person to remain in effect
for ten court days or until the hearing, whichever occurs first.
Any person detained pursuant to a temporary order of
detention issued under this division shall be held in a suitable
facility, taking into consideration the place and type of
confinement prior to and during trial.
(B) The court shall hold the hearing under division (A) of
this section to determine whether the person found not guilty by
reason of insanity is a mentally ill person subject to
hospitalization by court order or a mentally retarded person
subject to institutionalization by court order within ten court
days after the finding of not guilty by reason of insanity.
Failure to conduct the hearing within the ten-day period shall
cause the immediate discharge of the respondent, unless the judge
grants a continuance for not longer than ten court days for good
cause shown or for any period of time upon motion of the
respondent.
(C) If a person is found not guilty by reason of insanity,
the person has the right to attend all hearings conducted pursuant
to sections 2945.37 to 2945.402 of the Revised Code. At any
hearing conducted pursuant to one of those sections, the court
shall inform the person that the person has all of the following
rights:
(1) The right to be represented by counsel and to have that
counsel provided at public expense if the person is indigent, with
the counsel to be appointed by the court under Chapter 120. of the
Revised Code or under the authority recognized in division (C) of
section 120.06, division (E) of section 120.16, division (E) of
section 120.26, or section 2941.51 of the Revised Code;
(2) The right to have independent expert evaluation and to
have that independent expert evaluation provided at public expense
if the person is indigent;
(3) The right to subpoena witnesses and documents, to present
evidence on the person's behalf, and to cross-examine witnesses
against the person;
(4) The right to testify in the person's own behalf and to
not be compelled to testify;
(5) The right to have copies of any relevant medical or
mental health document in the custody of the state or of any place
of commitment other than a document for which the court finds that
the release to the person of information contained in the document
would create a substantial risk of harm to any person.
(D) The hearing under division (A) of this section shall be
open to the public, and the court shall conduct the hearing in
accordance with the Rules of Civil Procedure. The court shall make
and maintain a full transcript and record of the hearing
proceedings. The court may consider all relevant evidence,
including, but not limited to, any relevant psychiatric,
psychological, or medical testimony or reports, the acts
constituting the offense in relation to which the person was found
not guilty by reason of insanity, and any history of the person
that is relevant to the person's ability to conform to the law.
(E) Upon completion of the hearing under division (A) of this
section, if the court finds there is not clear and convincing
evidence that the person is a mentally ill person subject to
hospitalization by court order or a mentally retarded person
subject to institutionalization by court order, the court shall
discharge the person, unless a detainer has been placed upon the
person by the department of rehabilitation and correction, in
which case the person shall be returned to that department.
(F) If, at the hearing under division (A) of this section,
the court finds by clear and convincing evidence that the person
is a mentally ill person subject to hospitalization by court order
or, the court shall commit the person to the department of mental
health for placement in a hospital, facility, or agency as
determined clinically appropriate by the department of mental
health. If, at the hearing under division (A) of this section, the
court finds by clear and convincing evidence that the person is a
mentally retarded person subject to institutionalization by court
order, it shall commit the person to a hospital operated by the
department of mental health, a facility operated by the department
of developmental disabilities, or another medical or psychiatric
facility, as appropriate, and further. Further proceedings shall
be in accordance with sections 2945.401 and 2945.402 of the
Revised Code. In committing the person to the department of mental
health, the court shall specify the least restrictive limitations
to the defendant's freedom of movement determined to be necessary
to protect public safety. In determining the place and nature of
the commitment of a mentally retarded person subject to
institutionalization by court order, the court shall order the
least restrictive commitment alternative available that is
consistent with public safety and the welfare of the person. In
weighing these factors, the court shall give preference to
protecting public safety.
(G) If a court makes a commitment of a person under division
(F) of this section, the prosecutor shall send to the hospital,
facility, or agency where the person is placed by the department
of mental health or to the defendant's place of commitment all
reports of the person's current mental condition, and, except as
otherwise provided in this division, any other relevant
information, including, but not limited to, a transcript of the
hearing held pursuant to division (A) of this section, copies of
relevant police reports, and copies of any prior arrest and
conviction records that pertain to the person and that the
prosecutor possesses. The prosecutor shall send the reports of the
person's current mental condition in every case of commitment,
and, unless the prosecutor determines that the release of any of
the other relevant information to unauthorized persons would
interfere with the effective prosecution of any person or would
create a substantial risk of harm to any person, the prosecutor
also shall send the other relevant information. Upon admission of
a person committed under division (F) of this section, the place
of commitment shall send to the board of alcohol, drug addiction,
and mental health services or the community mental health board
serving the county in which the charges against the person were
filed a copy of all reports of the person's current mental
condition and a copy of the other relevant information provided by
the prosecutor under this division, including, if provided, a
transcript of the hearing held pursuant to division (A) of this
section, the relevant police reports, and the prior arrest and
conviction records that pertain to the person and that the
prosecutor possesses.
(H) A person who is committed pursuant to this section shall
not voluntarily admit the person or be voluntarily admitted to a
hospital or institution pursuant to section 5122.02, 5122.15,
5123.69, or 5123.76 of the Revised Code.
Sec. 2945.401. (A) A defendant found incompetent to stand
trial and committed pursuant to section 2945.39 of the Revised
Code or a person found not guilty by reason of insanity and
committed pursuant to section 2945.40 of the Revised Code shall
remain subject to the jurisdiction of the trial court pursuant to
that commitment, and to the provisions of this section, until the
final termination of the commitment as described in division
(J)(1) of this section. If the jurisdiction is terminated under
this division because of the final termination of the commitment
resulting from the expiration of the maximum prison term or term
of imprisonment described in division (J)(1)(b) of this section,
the court or prosecutor may file an affidavit for the civil
commitment of the defendant or person pursuant to Chapter 5122. or
5123. of the Revised Code.
(B) A hearing conducted under any provision of sections
2945.37 to 2945.402 of the Revised Code shall not be conducted in
accordance with Chapters 5122. and 5123. of the Revised Code. Any
person who is committed pursuant to section 2945.39 or 2945.40 of
the Revised Code shall not voluntarily admit the person or be
voluntarily admitted to a hospital or institution pursuant to
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code.
All other provisions of Chapters 5122. and 5123. of the Revised
Code regarding hospitalization or institutionalization shall apply
to the extent they are not in conflict with this chapter. A
commitment under section 2945.39 or 2945.40 of the Revised Code
shall not be terminated and the conditions of the commitment shall
not be changed except as otherwise provided in division (D)(2) of
this section with respect to a mentally retarded person subject to
institutionalization by court order or except by order of the
trial court.
(C) The hospital, department of mental health or the
institution or facility, or program to which a defendant or person
has been committed under section 2945.39 or 2945.40 of the Revised
Code shall report in writing to the trial court, at the times
specified in this division, as to whether the defendant or person
remains a mentally ill person subject to hospitalization by court
order or a mentally retarded person subject to
institutionalization by court order and, in the case of a
defendant committed under section 2945.39 of the Revised Code, as
to whether the defendant remains incompetent to stand trial. The
hospital department, institution, or facility, or program shall
make the reports after the initial six months of treatment and
every two years after the initial report is made. The trial court
shall provide copies of the reports to the prosecutor and to the
counsel for the defendant or person. Within thirty days after its
receipt pursuant to this division of a report from a hospital the
department, institution,
or facility, or program, the trial court
shall hold a hearing on the continued commitment of the defendant
or person or on any changes in the conditions of the commitment of
the defendant or person. The defendant or person may request a
change in the conditions of confinement, and the trial court shall
conduct a hearing on that request if six months or more have
elapsed since the most recent hearing was conducted under this
section.
(D)(1) Except as otherwise provided in division (D)(2) of
this section, when a defendant or person has been committed under
section 2945.39 or 2945.40 of the Revised Code, at any time after
evaluating the risks to public safety and the welfare of the
defendant or person, the chief clinical officer designee of the
department of mental health or the managing officer of the
institution or director of the hospital, facility, or program to
which the defendant or person is committed may recommend a
termination of the defendant's or person's commitment or a change
in the conditions of the defendant's or person's commitment.
Except as otherwise provided in division (D)(2) of this
section, if the chief clinical officer designee of the department
of mental health recommends on-grounds unsupervised movement,
off-grounds supervised movement, or nonsecured status for the
defendant or person or termination of the defendant's or person's
commitment, the following provisions apply:
(a) If the chief clinical officer department's designee
recommends on-grounds unsupervised movement or off-grounds
supervised movement, the
chief clinical officer department's
designee shall file with the trial court an application for
approval of the movement and shall send a copy of the application
to the prosecutor. Within fifteen days after receiving the
application, the prosecutor may request a hearing on the
application and, if a hearing is requested, shall so inform the
chief clinical officer department's designee. If the prosecutor
does not request a hearing within the fifteen-day period, the
trial court shall approve the application by entering its order
approving the requested movement or, within five days after the
expiration of the fifteen-day period, shall set a date for a
hearing on the application. If the prosecutor requests a hearing
on the application within the fifteen-day period, the trial court
shall hold a hearing on the application within thirty days after
the hearing is requested. If the trial court, within five days
after the expiration of the fifteen-day period, sets a date for a
hearing on the application, the trial court shall hold the hearing
within thirty days after setting the hearing date. At least
fifteen days before any hearing is held under this division, the
trial court shall give the prosecutor written notice of the date,
time, and place of the hearing. At the conclusion of each hearing
conducted under this division, the trial court either shall
approve or disapprove the application and shall enter its order
accordingly.
(b) If the chief clinical officer department's designee
recommends termination of the defendant's or person's commitment
at any time or if the chief clinical officer department's designee
recommends the first of any nonsecured status for the defendant or
person, the
chief clinical officer department's designee shall
send written notice of this recommendation to the trial court and
to the local forensic center. The local forensic center shall
evaluate the committed defendant or person and, within thirty days
after its receipt of the written notice, shall submit to the trial
court and the chief clinical officer department's designee a
written report of the evaluation. The trial court shall provide a
copy of the chief clinical officer's department's designee's
written notice and of the local forensic center's written report
to the prosecutor and to the counsel for the defendant or person.
Upon the local forensic center's submission of the report to the
trial court and the chief clinical officer department's designee,
all of the following apply:
(i) If the forensic center disagrees with the recommendation
of the chief clinical officer department's designee, it shall
inform the chief clinical officer department's designee and the
trial court of its decision and the reasons for the decision. The
chief clinical officer department's designee, after consideration
of the forensic center's decision, shall either withdraw, proceed
with, or modify and proceed with the recommendation. If the chief
clinical officer department's designee proceeds with, or modifies
and proceeds with, the recommendation, the chief clinical officer
department's designee shall proceed in accordance with division
(D)(1)(b)(iii) of this section.
(ii) If the forensic center agrees with the recommendation of
the chief clinical officer department's designee, it shall inform
the chief clinical officer department's designee and the trial
court of its decision and the reasons for the decision, and the
chief clinical officer department's designee shall proceed in
accordance with division (D)(1)(b)(iii) of this section.
(iii) If the forensic center disagrees with the
recommendation of the chief clinical officer department's
designee and the chief clinical officer department's designee
proceeds with, or modifies and proceeds with, the recommendation
or if the forensic center agrees with the recommendation of the
chief clinical officer department's designee, the chief clinical
officer department's designee shall work with the board community
mental health agencies, programs, facilities, or boards of
alcohol, drug addiction, and mental health services or community
mental health board serving the area, as appropriate, to develop a
plan to implement the recommendation. If the defendant or person
is on medication, the plan shall include, but shall not be limited
to, a system to monitor the defendant's or person's compliance
with the prescribed medication treatment plan. The system shall
include a schedule that clearly states when the defendant or
person shall report for a medication compliance check. The
medication compliance checks shall be based upon the effective
duration of the prescribed medication, taking into account the
route by which it is taken, and shall be scheduled at intervals
sufficiently close together to detect a potential increase in
mental illness symptoms that the medication is intended to
prevent.
The chief clinical officer, after consultation with the board
of alcohol, drug addiction, and mental health services or the
community mental health board serving the area, department's
designee shall send the recommendation and plan developed under
division (D)(1)(b)(iii) of this section, in writing, to the trial
court, the prosecutor and the counsel for the committed defendant
or person. The trial court shall conduct a hearing on the
recommendation and plan developed under division (D)(1)(b)(iii) of
this section. Divisions (D)(1)(c) and (d) and (E) to (J) of this
section apply regarding the hearing.
(c) If the chief clinical officer's
department's designee's
recommendation is for nonsecured status or termination of
commitment, the prosecutor may obtain an independent expert
evaluation of the defendant's or person's mental condition, and
the trial court may continue the hearing on the recommendation for
a period of not more than thirty days to permit time for the
evaluation.
The prosecutor may introduce the evaluation report or present
other evidence at the hearing in accordance with the Rules of
Evidence.
(d) The trial court shall schedule the hearing on a chief
clinical officer's
department's designee's recommendation for
nonsecured status or termination of commitment and shall give
reasonable notice to the prosecutor and the counsel for the
defendant or person. Unless continued for independent evaluation
at the prosecutor's request or for other good cause, the hearing
shall be held within thirty days after the trial court's receipt
of the recommendation and plan.
(2)(a) Division (D)(1) of this section does not apply to
on-grounds unsupervised movement of a defendant or person who has
been committed under section 2945.39 or 2945.40 of the Revised
Code, who is a mentally retarded person subject to
institutionalization by court order, and who is being provided
residential habilitation, care, and treatment in a facility
operated by the department of developmental disabilities.
(b) If, pursuant to section 2945.39 of the Revised Code, the
trial court commits a defendant who is found incompetent to stand
trial and who is a mentally retarded person subject to
institutionalization by court order, if the defendant is being
provided residential habilitation, care, and treatment in a
facility operated by the department of developmental disabilities,
if an individual who is conducting a survey for the department of
health to determine the facility's compliance with the
certification requirements of the medicaid program under Chapter
5111. of the Revised Code and Title XIX of the "Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the
defendant's receipt of the residential habilitation, care, and
treatment in the facility as being inappropriate under the
certification requirements, if the defendant's receipt of the
residential habilitation, care, and treatment in the facility
potentially jeopardizes the facility's continued receipt of
federal medicaid moneys, and if as a result of the citation the
chief clinical officer of the facility determines that the
conditions of the defendant's commitment should be changed, the
department of developmental disabilities may cause the defendant
to be removed from the particular facility and, after evaluating
the risks to public safety and the welfare of the defendant and
after determining whether another type of placement is consistent
with the certification requirements, may place the defendant in
another facility that the department selects as an appropriate
facility for the defendant's continued receipt of residential
habilitation, care, and treatment and that is a no less secure
setting than the facility in which the defendant had been placed
at the time of the citation. Within three days after the
defendant's removal and alternative placement under the
circumstances described in division (D)(2)(b) of this section, the
department of developmental disabilities shall notify the trial
court and the prosecutor in writing of the removal and alternative
placement.
The trial court shall set a date for a hearing on the removal
and alternative placement, and the hearing shall be held within
twenty-one days after the trial court's receipt of the notice from
the department of developmental disabilities. At least ten days
before the hearing is held, the trial court shall give the
prosecutor, the department of developmental disabilities, and the
counsel for the defendant written notice of the date, time, and
place of the hearing. At the hearing, the trial court shall
consider the citation issued by the individual who conducted the
survey for the department of health to be prima-facie evidence of
the fact that the defendant's commitment to the particular
facility was inappropriate under the certification requirements of
the medicaid program under Chapter 5111. of the Revised Code and
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, and potentially jeopardizes the
particular facility's continued receipt of federal medicaid
moneys. At the conclusion of the hearing, the trial court may
approve or disapprove the defendant's removal and alternative
placement. If the trial court approves the defendant's removal and
alternative placement, the department of developmental
disabilities may continue the defendant's alternative placement.
If the trial court disapproves the defendant's removal and
alternative placement, it shall enter an order modifying the
defendant's removal and alternative placement, but that order
shall not require the department of developmental disabilities to
replace the defendant for purposes of continued residential
habilitation, care, and treatment in the facility associated with
the citation issued by the individual who conducted the survey for
the department of health.
(E) In making a determination under this section regarding
nonsecured status or termination of commitment, the trial court
shall consider all relevant factors, including, but not limited
to, all of the following:
(1) Whether, in the trial court's view, the defendant or
person currently represents a substantial risk of physical harm to
the defendant or person or others;
(2) Psychiatric and medical testimony as to the current
mental and physical condition of the defendant or person;
(3) Whether the defendant or person has insight into the
dependant's or person's condition so that the defendant or person
will continue treatment as prescribed or seek professional
assistance as needed;
(4) The grounds upon which the state relies for the proposed
commitment;
(5) Any past history that is relevant to establish the
defendant's or person's degree of conformity to the laws, rules,
regulations, and values of society;
(6) If there is evidence that the defendant's or person's
mental illness is in a state of remission, the medically suggested
cause and degree of the remission and the probability that the
defendant or person will continue treatment to maintain the
remissive state of the defendant's or person's illness should the
defendant's or person's commitment conditions be altered.
(F) At any hearing held pursuant to division (C) or (D)(1) or
(2) of this section, the defendant or the person shall have all
the rights of a defendant or person at a commitment hearing as
described in section 2945.40 of the Revised Code.
(G) In a hearing held pursuant to division (C) or (D)(1) of
this section, the prosecutor has the burden of proof as follows:
(1) For a recommendation of termination of commitment, to
show by clear and convincing evidence that the defendant or person
remains a mentally ill person subject to hospitalization by court
order or a mentally retarded person subject to
institutionalization by court order;
(2) For a recommendation for a change in the conditions of
the commitment to a less restrictive status, to show by clear and
convincing evidence that the proposed change represents a threat
to public safety or a threat to the safety of any person.
(H) In a hearing held pursuant to division (C) or (D)(1) or
(2) of this section, the prosecutor shall represent the state or
the public interest.
(I) At the conclusion of a hearing conducted under division
(D)(1) of this section regarding a recommendation from the chief
clinical officer designee of the department of mental health,
managing officer of the institution, or director of a hospital,
program, or facility, the trial court may approve, disapprove, or
modify the recommendation and shall enter an order accordingly.
(J)(1) A defendant or person who has been committed pursuant
to section 2945.39 or 2945.40 of the Revised Code continues to be
under the jurisdiction of the trial court until the final
termination of the commitment. For purposes of division (J) of
this section, the final termination of a commitment occurs upon
the earlier of one of the following:
(a) The defendant or person no longer is a mentally ill
person subject to hospitalization by court order or a mentally
retarded person subject to institutionalization by court order, as
determined by the trial court;
(b) The expiration of the maximum prison term or term of
imprisonment that the defendant or person could have received if
the defendant or person had been convicted of the most serious
offense with which the defendant or person is charged or in
relation to which the defendant or person was found not guilty by
reason of insanity;
(c) The trial court enters an order terminating the
commitment under the circumstances described in division
(J)(2)(a)(ii) of this section.
(2)(a) If a defendant is found incompetent to stand trial and
committed pursuant to section 2945.39 of the Revised Code, if
neither of the circumstances described in divisions (J)(1)(a) and
(b) of this section applies to that defendant, and if a report
filed with the trial court pursuant to division (C) of this
section indicates that the defendant presently is competent to
stand trial or if, at any other time during the period of the
defendant's commitment, the prosecutor, the counsel for the
defendant, or the chief clinical officer designee of the
department of mental health or the managing officer of the
institution or director of the hospital, facility, or program to
which the defendant is committed files an application with the
trial court alleging that the defendant presently is competent to
stand trial and requesting a hearing on the competency issue or
the trial court otherwise has reasonable cause to believe that the
defendant presently is competent to stand trial and determines on
its own motion to hold a hearing on the competency issue, the
trial court shall schedule a hearing on the competency of the
defendant to stand trial, shall give the prosecutor, the counsel
for the defendant, and the chief clinical officer department's
designee or the managing officer of the institution or the
director of the facility to which the defendant is committed
notice of the date, time, and place of the hearing at least
fifteen days before the hearing, and shall conduct the hearing
within thirty days of the filing of the application or of its own
motion. If, at the conclusion of the hearing, the trial court
determines that the defendant presently is capable of
understanding the nature and objective of the proceedings against
the defendant and of assisting in the defendant's defense, the
trial court shall order that the defendant is competent to stand
trial and shall be proceeded against as provided by law with
respect to the applicable offenses described in division (C)(1) of
section 2945.38 of the Revised Code and shall enter whichever of
the following additional orders is appropriate:
(i) If the trial court determines that the defendant remains
a mentally ill person subject to hospitalization by court order or
a mentally retarded person subject to institutionalization by
court order, the trial court shall order that the defendant's
commitment to the hospital, department of mental health or to an
institution or facility, or program for the treatment of
developmental disabilities be continued during the pendency of the
trial on the applicable offenses described in division (C)(1) of
section 2945.38 of the Revised Code.
(ii) If the trial court determines that the defendant no
longer is a mentally ill person subject to hospitalization by
court order or a mentally retarded person subject to
institutionalization by court order, the trial court shall order
that the defendant's commitment to the hospital, department of
mental health or to an institution or facility, or program for the
treatment of developmental disabilities shall not be continued
during the pendency of the trial on the applicable offenses
described in division (C)(1) of section 2945.38 of the Revised
Code. This order shall be a final termination of the commitment
for purposes of division (J)(1)(c) of this section.
(b) If, at the conclusion of the hearing described in
division (J)(2)(a) of this section, the trial court determines
that the defendant remains incapable of understanding the nature
and objective of the proceedings against the defendant or of
assisting in the defendant's defense, the trial court shall order
that the defendant continues to be incompetent to stand trial,
that the defendant's commitment to the hospital, department of
mental health or to an institution or facility, or program for the
treatment of developmental disabilities shall be continued, and
that the defendant remains subject to the jurisdiction of the
trial court pursuant to that commitment, and to the provisions of
this section, until the final termination of the commitment as
described in division (J)(1) of this section.
Sec. 2945.402. (A) In approving a conditional release, the
trial court may set any conditions on the release with respect to
the treatment, evaluation, counseling, or control of the defendant
or person that the court considers necessary to protect the public
safety and the welfare of the defendant or person. The trial court
may revoke a defendant's or person's conditional release and order
rehospitalization reinstatement of the previous placement or
reinstitutionalization at any time the conditions of the release
have not been satisfied, provided that the revocation shall be in
accordance with this section.
(B) A conditional release is a commitment. The hearings on
continued commitment as described in section 2945.401 of the
Revised Code apply to a defendant or person on conditional
release.
(C) A person, agency, or facility that is assigned to monitor
a defendant or person on conditional release immediately shall
notify the trial court on learning that the defendant or person
being monitored has violated the terms of the conditional release.
Upon learning of any violation of the terms of the conditional
release, the trial court may issue a temporary order of detention
or, if necessary, an arrest warrant for the defendant or person.
Within ten court days after the defendant's or person's detention
or arrest, the trial court shall conduct a hearing to determine
whether the conditional release should be modified or terminated.
At the hearing, the defendant or person shall have the same rights
as are described in division (C) of section 2945.40 of the Revised
Code. The trial court may order a continuance of the ten-court-day
period for no longer than ten days for good cause shown or for any
period on motion of the defendant or person. If the trial court
fails to conduct the hearing within the ten-court-day period and
does not order a continuance in accordance with this division, the
defendant or person shall be restored to the prior conditional
release status.
(D) The trial court shall give all parties reasonable notice
of a hearing conducted under this section. At the hearing, the
prosecutor shall present the case demonstrating that the defendant
or person violated the terms of the conditional release. If the
court finds by a preponderance of the evidence that the defendant
or person violated the terms of the conditional release, the court
may continue, modify, or terminate the conditional release and
shall enter its order accordingly.
Sec. 3109.16. The children's trust fund board, upon the
recommendation of the director of job and family services, shall
approve the employment of an executive director who will
administer the programs of the board. The department of job and
family services shall provide budgetary, procurement, accounting,
and other related management functions for the board and may adopt
rules in accordance with Chapter 119. of the Revised Code for
these purposes. An amount not to exceed three per cent of the
total amount of fees deposited in the children's trust fund in
each fiscal year may be used for costs directly related to these
administrative functions of the department. Each fiscal year, the
board shall approve a budget for administrative expenditures for
the next fiscal year.
The board may request that the department adopt rules the
board considers necessary for the purpose of carrying out the
board's responsibilities under this section, and the department
may adopt those rules. The department may, after consultation with
the board and the executive director, adopt any other rules to
assist the board in carrying out its responsibilities under this
section. In either case, the rules shall be adopted under Chapter
119. of the Revised Code.
The board shall meet at least quarterly at the call of the
chairperson to conduct its official business. All business
transactions of the board shall be conducted in public meetings.
Eight members of the board constitute a quorum. A majority of the
board members is required to adopt the state plan for the
allocation of funds from the children's trust fund. A majority of
the quorum is required to make all other decisions of the board.
The board may apply for and accept federal and other funds
for the purpose of funding child abuse and child neglect
prevention programs. In addition, the board may accept gifts and
donations from any source, including individuals, philanthropic
foundations or organizations, corporations, or corporation
endowments. The acceptance and use of federal funds shall not
entail any commitment or pledge of state funds, nor obligate the
general assembly to continue the programs or activities for which
the federal funds are made available. All funds received in the
manner described in this section shall be transmitted to the
treasurer of state, who shall credit them to the children's trust
fund created in section 3109.14 of the Revised Code.
Sec. 3111.04. (A) An action to determine the existence or
nonexistence of the father and child relationship may be brought
by the child or the child's personal representative, the child's
mother or her personal representative, a man alleged or alleging
himself to be the child's father, the child support enforcement
agency of the county in which the child resides if the child's
mother, father, or alleged father is a recipient of public
assistance or of services under Title IV-D of the "Social Security
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the
alleged father's personal representative.
(B) An agreement does not bar an action under this section.
(C) If an action under this section is brought before the
birth of the child and if the action is contested, all
proceedings, except service of process and the taking of
depositions to perpetuate testimony, may be stayed until after the
birth.
(D) A recipient of public assistance or of services under
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42
U.S.C.A. 651, as amended, shall cooperate with the child support
enforcement agency of the county in which a child resides to
obtain an administrative determination pursuant to sections
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court
determination pursuant to sections 3111.01 to 3111.18 of the
Revised Code, of the existence or nonexistence of a parent and
child relationship between the father and the child. If the
recipient fails to cooperate, the agency may commence an action to
determine the existence or nonexistence of a parent and child
relationship between the father and the child pursuant to sections
3111.01 to 3111.18 of the Revised Code.
(E) As used in this section, "public assistance" means all of
the following:
(1) Medicaid under Chapter 5111. of the Revised Code;
(2) Ohio works first under Chapter 5107. of the Revised Code;
(3) Disability financial assistance under Chapter 5115. of
the Revised Code;
(4) Children's buy-in program under sections 5101.5211 to
5101.5216 of the Revised Code.
Sec. 3113.06. No father, or mother when she is charged with
the maintenance, of a child under eighteen years of age, or a
mentally or physically handicapped child under age twenty-one, who
is legally a ward of a public children services agency or is the
recipient of aid pursuant to sections 5101.5211 to 5101.5216 or
Chapter 5107. or 5115. of the Revised Code, shall neglect or
refuse to pay such agency the reasonable cost of maintaining such
child when such father or mother is able to do so by reason of
property, labor, or earnings.
An offense under this section shall be held committed in the
county in which the agency is located. The agency shall file
charges against any parent who violates this section, unless the
agency files charges under section 2919.21 of the Revised Code, or
unless charges of nonsupport are filed by a relative or guardian
of the child, or unless an action to enforce support is brought
under Chapter 3115. of the Revised Code.
Sec. 3119.54. A party to a child support order issued in
accordance with section 3119.30 of the Revised Code shall notify
any physician, hospital, or other provider of medical services
that provides medical services to the child who is the subject of
the child support order of the number of any health insurance or
health care policy, contract, or plan that covers the child if the
child is eligible for medical assistance under sections 5101.5211
to 5101.5216 or Chapter 5111. of the Revised Code. The party shall
include in the notice the name and address of the insurer. Any
physician, hospital, or other provider of medical services for
which medical assistance is available under sections 5101.5211 to
5101.5216 or Chapter 5111. of the Revised Code who is notified
under this section of the existence of a health insurance or
health care policy, contract, or plan with coverage for children
who are eligible for medical assistance shall first bill the
insurer for any services provided for those children. If the
insurer fails to pay all or any part of a claim filed under this
section and the services for which the claim is filed are covered
by sections 5101.5211 to 5101.5216 or Chapter 5111. of the Revised
Code, the physician, hospital, or other medical services provider
shall bill the remaining unpaid costs of the services in
accordance with sections 5101.5211 to 5101.5216 or Chapter 5111.
of the Revised Code.
Sec. 3121.48. The office of child support shall
maintain
administer a separate account fund for the deposit of support
payments it receives as trustee for remittance to the persons
entitled to receive the support payments. The fund shall be in the
custody of the treasurer of state, but shall not be part of the
state treasury.
Sec. 3123.44. (A) Notice shall be sent to an individual
described in section 3123.42 of the Revised Code in compliance
with section 3121.23 of the Revised Code. The notice shall specify
that a court or child support enforcement agency has determined
the individual to be in default under a child support order or
that the individual is an obligor who has failed to comply with a
subpoena or warrant issued by a court or agency with respect to a
proceeding to enforce a child support order, that a notice
containing the individual's name and social security number or
other identification number may be sent to every board that has
authority to issue or has issued the individual a license, and
that, if the board receives that notice and determines that the
individual is the individual named in that notice and the board
has not received notice under section 3123.45 or 3123.46 of the
Revised Code, all of the following will occur:
(A)(1) The board will not issue any license to the individual
or renew any license of the individual.
(B)(2) The board will suspend any license of the individual
if it determines that the individual is the individual named in
the notice sent to the board under section 3123.43 of the Revised
Code.
(C)(3) If the individual is the individual named in the
notice, the board will not issue any license to the individual,
and will not reinstate a suspended license, until the board
receives a notice under section 3123.45 or 3123.46 of the Revised
Code.
(B) If an agency makes the determination described in
division (A) of section 3123.42 of the Revised Code, it shall not
send the notice described in division (A) of this section unless
both of the following are the case:
(1) At least ninety days have elapsed since the final and
enforceable determination of default;
(2) In the preceding ninety days, the obligor has failed to
pay at least fifty per cent of the arrearage through means other
than those described in sections 3123.81 to 3123.85 of the Revised
Code.
(C) The department of job and family services shall adopt
rules pursuant to section 3123.63 of the Revised Code establishing
a uniform pre-suspension notice form that shall be used by
agencies that send notice as required by this section.
Sec. 3123.45. A child support enforcement agency that sent a
notice to a board of an individual's default under a child support
order shall send to each board to which the agency sent the notice
a further notice that the individual is not in default if it
determines that the individual is not in default or any of the
following occurs:
(A) The individual makes full payment to the office of child
support in the department of job and family services or, pursuant
to sections 3125.27 to 3125.30 of the Revised Code, the child
support enforcement agency of the arrearage that was the basis for
the court or agency determination that the individual was in
default.
(B) An The individual has presented to the agency sufficient
evidence of current employment or of an account in a financial
institution, the agency has confirmed the individual's employment
or the existence of the account, and an appropriate withholding or
deduction notice or other appropriate order described in section
3121.03, 3121.04, 3121.05, 3121.06, or 3121.12 of the Revised Code
has been issued to collect current support and any arrearage due
under the child support order that was in default, and the
individual is complying with the notice or order.
(C) A new child support order has been issued or the child
support order that was in default, has been modified to collect
current support and any arrearage due under the child support
order that was in default, and the individual is complying with
the new or modified child support order The individual presents
evidence to the agency sufficient to establish that the individual
is unable to work due to circumstances beyond the individual's
control.
The agency shall send the notice under this section not later
than seven days after the agency determines the individual is not
in default or that any of the circumstances specified in this
section has occurred.
Sec. 3123.55. (A) Notice shall be sent to the individual
described in section 3123.54 3123.53 of the Revised Code in
compliance with section 3121.23 of the Revised Code. The notice
shall specify that a court or child support enforcement agency has
determined the individual to be in default under a child support
order or that the individual is an obligor under a child support
order who has failed to comply with a subpoena or warrant issued
by a court or agency with respect to a proceeding to enforce a
child support order, that a notice containing the individual's
name and social security number or other identification number may
be sent to the registrar of motor vehicles, and that, if the
registrar receives that notice and determines that the individual
is the individual named in that notice and the registrar has not
received notice under section 3123.56 or 3123.57 of the Revised
Code, all of the following will occur:
(A)(1) The registrar and all deputy registrars will be
prohibited from issuing to the individual a driver's or commercial
driver's license, motorcycle operator's license or endorsement, or
temporary instruction permit or commercial driver's temporary
instruction permit.
(B)(2) The registrar and all deputy registrars will be
prohibited from renewing for the individual a driver's or
commercial driver's license, motorcycle operator's license or
endorsement, or commercial driver's temporary instruction permit.
(C)(3) If the individual holds a driver's or commercial
driver's license, motorcycle operator's license or endorsement, or
temporary instruction permit or commercial driver's temporary
instruction permit, the registrar will impose a class F suspension
under division (B)(6) of section 4510.02 of the Revised Code if
the registrar determines that the individual is the individual
named in the notice sent pursuant to section 3123.54 of the
Revised Code.
(D)(4) If the individual is the individual named in the
notice, the individual will not be issued or have renewed any
license, endorsement, or permit, and no suspension will be lifted
with respect to any license, endorsement, or permit listed in this
section until the registrar receives a notice under section
3123.56 or 3123.57 of the Revised Code.
(B) If an agency makes the determination described in
division (A) of section 3123.53 of the Revised Code, it shall not
send the notice described in division (A) of this section unless
both of the following are the case:
(1) At least ninety days have elapsed since the final and
enforceable determination of default;
(2) In the preceding ninety days, the obligor has failed to
pay at least fifty per cent of the arrearage through means other
than those described in sections 3123.81 to 3123.85 of the Revised
Code.
(C) The department of job and family services shall adopt
rules pursuant to section 3123.63 of the Revised Code establishing
a uniform pre-suspension notice form that shall be used by
agencies that send notice as required by this section.
Sec. 3123.56. A child support enforcement agency that sent a
notice under section 3123.54 of the Revised Code of an
individual's default under a child support order shall send to the
registrar of motor vehicles a notice that the individual is not in
default if it determines that the individual is not in default or
any of the following occurs:
(A) The individual makes full payment to the office of child
support or, pursuant to sections 3125.27 to 3125.30 of the Revised
Code, to the child support enforcement agency of the arrearage
that was the basis for the court or agency determination that the
individual was in default.
(B) An The individual has presented to the agency sufficient
evidence of current employment or of an account in a financial
institution, the agency has confirmed the individual's employment
or the existence of the account, and an appropriate withholding or
deduction notice or other appropriate order described in section
3121.03, 3121.04, 3121.05, 3121.06, or 3121.12 of the Revised Code
has been issued to collect current support and any arrearage due
under the child support order that was in default, and the
individual is complying with the notice or order.
(C) A new child support order has been issued or the child
support order that was in default has been modified to collect
current support and any arrearage due under the child support
order that was in default, and the individual is complying with
the new or modified child support order The individual presents
evidence to the agency sufficient to establish that the individual
is unable to work due to circumstances beyond the individual's
control.
The agency shall send the notice under this section not later
than seven days after it determines the individual is not in
default or that any of the circumstances specified in this section
has occurred.
Sec. 3123.58. (A) On receipt of a notice pursuant to section
3123.54 of the Revised Code, the registrar of motor vehicles shall
determine whether the individual named in the notice holds or has
applied for a driver's license or commercial driver's license,
motorcycle operator's license or endorsement, or temporary
instruction permit or commercial driver's temporary instruction
permit. If the registrar determines that the individual holds or
has applied for a license, permit, or endorsement and the
individual is the individual named in the notice and does not
receive a notice pursuant to section 3123.56 or 3123.57 of the
Revised Code, the registrar immediately shall provide notice of
the determination to each deputy registrar. The registrar or a
deputy registrar may not issue to the individual a driver's or
commercial driver's license, motorcycle operator's license or
endorsement, or temporary instruction permit or commercial
driver's temporary instruction permit and may not renew for the
individual a driver's or commercial driver's license, motorcycle
operator's license or endorsement, or commercial driver's
temporary instruction permit. The registrar or a deputy registrar
also shall impose a class F suspension of the license, permit, or
endorsement held by the individual under division (B)(6) of
section 4510.02 of the Revised Code.
(B) Prior to the date specified in section 3123.52 of the
Revised Code, the registrar of motor vehicles or a deputy
registrar shall do only the following with respect to an
individual if the registrar makes the determination required under
division (A) of this section and no notice is received concerning
the individual under section 3123.56 or 3123.57 of the Revised
Code:
(1) Refuse to issue or renew the individual's commercial
driver's license or commercial driver's temporary instruction
permit;
(2) Impose a class F suspension under division (B)(6) of
section 4510.02 of the Revised Code on the individual with respect
to the license or permit held by the individual.
Sec. 3123.59. Not later than seven days after receipt of a
notice pursuant to section 3123.56 or 3123.57 of the Revised Code,
the registrar of motor vehicles shall notify each deputy registrar
of the notice. The registrar and each deputy registrar shall then,
if the individual otherwise is eligible for the license, permit,
or endorsement and wants the license, permit, or endorsement,
issue a license, permit, or endorsement to, or renew a license,
permit, or endorsement of, the individual, or, if the registrar
imposed a class F suspension of the individual's license, permit,
or endorsement pursuant to division (A) of section 3123.58 of the
Revised Code, remove the suspension.
On and after the date
specified in section 3123.52 of the Revised Code, the registrar or
a deputy registrar shall remove, after receipt of a notice under
section 3123.56 or 3123.57 of the Revised Code, a class F
suspension imposed on an individual with respect to a license or
permit pursuant to division (B) of section 3123.58 of the Revised
Code. The registrar or a deputy registrar may charge a fee of not
more than twenty-five dollars for issuing or renewing or removing
the suspension of a license, permit, or endorsement pursuant to
this section. The fees collected by the registrar pursuant to this
section shall be paid into the state bureau of motor vehicles fund
established in section 4501.25 of the Revised Code.
Sec. 3123.591. A child support enforcement agency may,
pursuant to rules adopted under section 3123.63 of the Revised
Code, direct the registrar of motor vehicles to eliminate from the
abstract maintained by the bureau of motor vehicles any reference
to the suspension of an individual's license, permit, or
endorsement imposed under section 3123.58 of the Revised Code.
Sec. 3123.63. The director of job and family services may
shall adopt rules in accordance with Chapter 119. of the Revised
Code to implement sections 3123.41 to 3123.50, 3123.52 3123.53 to
3123.614 3123.60, and 3123.62 of the Revised Code. The rules shall
include both of the following:
(A) Requirements concerning the contents of, and the
conditions for issuance of, a notice required by section 3123.44
or 3123.55 of the Revised Code. The rules shall require the
contents of the notice to include information about the effect of
a license suspension and appropriate steps that an individual can
take to avoid license suspension.
(B) Requirements concerning the authority of a child support
enforcement agency to direct the registrar of motor vehicles to
eliminate from the abstract maintained by the bureau of motor
vehicles any reference to the suspension of an individual's
license, permit, or endorsement imposed under section 3123.58 of
the Revised Code.
Sec. 3301.07. The state board of education shall exercise
under the acts of the general assembly general supervision of the
system of public education in the state. In addition to the powers
otherwise imposed on the state board under the provisions of law,
the board shall have the powers described in this section.
(A) The state board shall exercise policy forming, planning,
and evaluative functions for the public schools of the state
except as otherwise provided by law.
(B)(1) The state board shall exercise leadership in the
improvement of public education in this state, and administer the
educational policies of this state relating to public schools, and
relating to instruction and instructional material, building and
equipment, transportation of pupils, administrative
responsibilities of school officials and personnel, and finance
and organization of school districts, educational service centers,
and territory. Consultative and advisory services in such matters
shall be provided by the board to school districts and educational
service centers of this state.
(2) The state board also shall develop a standard of
financial reporting which shall be used by each school district
board of education and educational service center governing board
to make its financial information and annual budgets for each
school building under its control available to the public in a
format understandable by the average citizen. The format shall
show, among other things, at the district and educational service
center level or at the school building level, as determined
appropriate by the department of education, revenue by source;
expenditures for salaries, wages, and benefits of employees,
showing such amounts separately for classroom teachers, other
employees required to hold licenses issued pursuant to sections
3319.22 to 3319.31 of the Revised Code, and all other employees;
expenditures other than for personnel, by category, including
utilities, textbooks and other educational materials, equipment,
permanent improvements, pupil transportation, extracurricular
athletics, and other extracurricular activities; and per pupil
expenditures.
(C) The state board shall administer and supervise the
allocation and distribution of all state and federal funds for
public school education under the provisions of law, and may
prescribe such systems of accounting as are necessary and proper
to this function. It may require county auditors and treasurers,
boards of education, educational service center governing boards,
treasurers of such boards, teachers, and other school officers and
employees, or other public officers or employees, to file with it
such reports as it may prescribe relating to such funds, or to the
management and condition of such funds.
(D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII,
XLVII, and LI of the Revised Code a reference is made to standards
prescribed under this section or division (D) of this section,
that reference shall be construed to refer to the standards
prescribed under division (D)(2) of this section, unless the
context specifically indicates a different meaning or intent.
(2) The state board shall formulate and prescribe minimum
standards to be applied to all elementary and secondary schools in
this state for the purpose of requiring a general education of
high quality. Such standards shall provide adequately for: the
licensing of teachers, administrators, and other professional
personnel and their assignment according to training and
qualifications; efficient and effective instructional materials
and equipment, including library facilities; the proper
organization, administration, and supervision of each school,
including regulations for preparing all necessary records and
reports and the preparation of a statement of policies and
objectives for each school; buildings, grounds, health and
sanitary facilities and services; admission of pupils, and such
requirements for their promotion from grade to grade as will
assure that they are capable and prepared for the level of study
to which they are certified; requirements for graduation; and such
other factors as the board finds necessary.
In the formulation and administration of such standards for
nonpublic schools the board shall also consider the particular
needs, methods and objectives of those schools, provided they do
not conflict with the provision of a general education of a high
quality and provided that regular procedures shall be followed for
promotion from grade to grade of pupils who have met the
educational requirements prescribed.
In the formulation and administration of such standards as
they relate to instructional materials and equipment in public
schools, including library materials, the board shall require that
the material and equipment be aligned with and promote skills
expected under the statewide academic standards adopted under
section 3301.079 of the Revised Code.
(3) In addition to the minimum standards required by division
(D)(2) of this section, the state board shall may formulate and
prescribe the following additional minimum operating standards for
school districts:
(a) Standards for the effective and efficient organization,
administration, and supervision of each school district so that it
becomes a thinking and learning organization according to
principles of systems design and collaborative professional
learning communities research as defined by the superintendent of
public instruction, including a focus on the personalized and
individualized needs of each student; a shared responsibility
among school boards, administrators, faculty, and staff to develop
a common vision, mission, and set of guiding principles; a shared
responsibility among school boards, administrators, faculty, and
staff to engage in a process of collective inquiry, action
orientation, and experimentation to ensure the academic success of
all students; commitment to teaching and learning strategies that
utilize technological tools and emphasize inter-disciplinary,
real-world, project-based, and technology-oriented learning
experiences to meet the individual needs of every student;
commitment to high expectations for every student and commitment
to closing the achievement gap so that all students achieve core
knowledge and skills in accordance with the statewide academic
standards adopted under section 3301.079 of the Revised Code;
commitment to the use of assessments to diagnose the needs of each
student; effective connections and relationships with families and
others that support student success; and commitment to the use of
positive behavior intervention supports throughout a district to
ensure a safe and secure learning environment for all students;
(b) Standards for the establishment of business advisory
councils and family and civic engagement teams by school districts
under sections section 3313.82, 3313.821, and 3313.822 of the
Revised Code;
(c) Standards incorporating the classifications for the
components of the adequacy amount under Chapter 3306. of the
Revised Code into core academic strategy components and academic
improvement components, as specified in rules adopted under
section 3306.25 of the Revised Code;
(d) Standards for school district organizational units, as
defined in sections 3306.02 and 3306.04 of the Revised Code,
buildings that may require:
(i) The effective and efficient organization, administration,
and supervision of each school district organizational unit
building so that it becomes a thinking and learning organization
according to principles of systems design and collaborative
professional learning communities research as defined by the state
superintendent, including a focus on the personalized and
individualized needs of each student; a shared responsibility
among organizational unit building administrators, faculty, and
staff to develop a common vision, mission, and set of guiding
principles; a shared responsibility among organizational unit
building administrators, faculty, and staff to engage in a process
of collective inquiry, action orientation, and experimentation to
ensure the academic success of all students; commitment to job
embedded professional development and professional mentoring and
coaching; established periods of time for teachers to pursue
planning time for the development of lesson plans, professional
development, and shared learning; commitment to effective
management strategies that allow administrators reasonable access
to classrooms for observation and professional development
experiences; commitment to teaching and learning strategies that
utilize technological tools and emphasize inter-disciplinary,
real-world, project-based, and technology-oriented learning
experiences to meet the individual needs of every student;
commitment to high expectations for every student and commitment
to closing the achievement gap so that all students achieve core
knowledge and skills in accordance with the statewide academic
standards adopted under section 3301.079 of the Revised Code;
commitment to the use of assessments to diagnose the needs of each
student; effective connections and relationships with families and
others that support student success; commitment to the use of
positive behavior intervention supports throughout the
organizational unit building to ensure a safe and secure learning
environment for all students;
(ii) A school organizational unit building leadership team to
coordinate positive behavior intervention supports, family and
civic engagement services, learning environments, thinking and
learning systems, collaborative planning, planning time, student
academic interventions, student extended learning opportunities,
and other activities identified by the team and approved by the
district board of education. The team shall include the building
principal, representatives from each collective bargaining unit,
the building lead a classroom teacher, parents, business
representatives, and others that support student success.
(E) The state board may require as part of the health
curriculum information developed under section 2108.34 of the
Revised Code promoting the donation of anatomical gifts pursuant
to Chapter 2108. of the Revised Code and may provide the
information to high schools, educational service centers, and
joint vocational school district boards of education;
(F) The state board shall prepare and submit annually to the
governor and the general assembly a report on the status, needs,
and major problems of the public schools of the state, with
recommendations for necessary legislative action and a ten-year
projection of the state's public and nonpublic school enrollment,
by year and by grade level.
(G) The state board shall prepare and submit to the director
of budget and management the biennial budgetary requests of the
state board of education, for its agencies and for the public
schools of the state.
(H) The state board shall cooperate with federal, state, and
local agencies concerned with the health and welfare of children
and youth of the state.
(I) The state board shall require such reports from school
districts and educational service centers, school officers, and
employees as are necessary and desirable. The superintendents and
treasurers of school districts and educational service centers
shall certify as to the accuracy of all reports required by law or
state board or state department of education rules to be submitted
by the district or educational service center and which contain
information necessary for calculation of state funding. Any
superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code, the
state board shall adopt procedures, standards, and guidelines for
the education of children with disabilities pursuant to Chapter
3323. of the Revised Code, including procedures, standards, and
guidelines governing programs and services operated by county
boards of developmental disabilities pursuant to section 3323.09
of the Revised Code.
(K) For the purpose of encouraging the development of special
programs of education for academically gifted children, the state
board shall employ competent persons to analyze and publish data,
promote research, advise and counsel with boards of education, and
encourage the training of teachers in the special instruction of
gifted children. The board may provide financial assistance out of
any funds appropriated for this purpose to boards of education and
educational service center governing boards for developing and
conducting programs of education for academically gifted children.
(L) The state board shall require that all public schools
emphasize and encourage, within existing units of study, the
teaching of energy and resource conservation as recommended to
each district board of education by leading business persons
involved in energy production and conservation, beginning in the
primary grades.
(M) The state board shall formulate and prescribe minimum
standards requiring the use of phonics as a technique in the
teaching of reading in grades kindergarten through three. In
addition, the state board shall provide in-service training
programs for teachers on the use of phonics as a technique in the
teaching of reading in grades kindergarten through three.
(N) The state board may adopt rules necessary for carrying
out any function imposed on it by law, and may provide rules as
are necessary for its government and the government of its
employees, and may delegate to the superintendent of public
instruction the management and administration of any function
imposed on it by law. It may provide for the appointment of board
members to serve on temporary committees established by the board
for such purposes as are necessary. Permanent or standing
committees shall not be created.
Compliance (O) Upon application from the board of education
of a school district, the superintendent of public instruction may
issue a waiver exempting the district from compliance with the
standards adopted under divisions (B)(2) and (D) of this section,
as they relate to the operation of a school operated by a school
the district, may be waived by the state superintendent pursuant
to section 3306.40 of the Revised Code. The state board shall
adopt standards for the approval or disapproval of waivers under
this division. The state superintendent shall consider every
application for a waiver and shall determine whether to grant or
deny a waiver in accordance with the state board's standards. For
each waiver granted, the state superintendent shall specify the
period of time during which the waiver is in effect, which shall
not exceed five years. A district board may apply to renew a
waiver.
Sec. 3301.071. (A)(1) In the case of nontax-supported
schools, standards for teacher certification prescribed under
section 3301.07 of the Revised Code shall provide for
certification, without further educational requirements, of any
administrator, supervisor, or teacher who has attended and
received a bachelor's degree from a college or university
accredited by a national or regional association in the United
States except that, at the discretion of the state board of
education, this requirement may be met by having an equivalent
degree from a foreign college or university of comparable
standing.
(2) In the case of nonchartered, nontax-supported schools,
the standards for teacher certification prescribed under section
3301.07 of the Revised Code shall provide for certification,
without further educational requirements, of any administrator,
supervisor, or teacher who has attended and received a diploma
from a "bible college" or "bible institute" described in division
(E) of section 1713.02 of the Revised Code.
(3) Notwithstanding division (A)(1) of this section, the
standards for teacher certification prescribed under section
3301.07 of the Revised Code shall provide for certification of a
person to teach foreign language upon receipt by the state board
of an affidavit signed by the chief administrative officer of a
chartered nonpublic school seeking to employ the person, stating
that the person meets one of the following conditions:
(a) The person has specialized knowledge, skills, or
expertise that qualifies the person to provide instruction.
(b) The person has provided to the chief administrative
officer evidence of at least three years of teaching experience in
a public or nonpublic school.
(c) The person has provided to the chief administrative
officer evidence of completion of a teacher training program named
in the affidavit.
(B) Each person applying for a certificate under this section
for purposes of serving in a nonpublic school chartered by the
state board under section 3301.16 of the Revised Code shall pay a
fee in the amount established under division (A) of section
3319.51 of the Revised Code. Any fees received under this division
shall be paid into the state treasury to the credit of the state
board of education certification fund established under division
(B) of section 3319.51 of the Revised Code.
(C) A person applying for or holding any certificate pursuant
to this section for purposes of serving in a nonpublic school
chartered by the state board is subject to sections 3123.41 to
3123.50 of the Revised Code and any applicable rules adopted under
section 3123.63 of the Revised Code and sections 3319.31 and
3319.311 of the Revised Code.
(D) Divisions (B) and (C) of this section and sections
3319.291, 3319.31, and 3319.311 of the Revised Code do not apply
to any administrators, supervisors, or teachers in nonchartered,
nontax-supported schools.
Sec. 3301.079. (A)(1) Not later than June 30, 2010, and at
least once every five years thereafter, the state board of
education shall adopt statewide academic standards with emphasis
on coherence, focus, and rigor for each of grades kindergarten
through twelve in English language arts, mathematics, science, and
social studies.
The standards shall specify the following:
(a) The core academic content and skills that students are
expected to know and be able to do at each grade level that will
allow each student to be prepared for postsecondary instruction
and the workplace for success in the twenty-first century;
(b) The development of skill sets as they relate to
creativity and innovation, critical thinking and problem solving,
and communication and collaboration;
(c) The development of skill sets that promote information,
media, and technological literacy;
(d) The development of skill sets that promote personal
management, productivity and accountability, and leadership and
responsibility;
(e)(c) Interdisciplinary, project-based, real-world learning
opportunities.
(2) After completing the standards required by division
(A)(1) of this section, the state board shall adopt standards and
model curricula for instruction in computer literacy, financial
literacy and entrepreneurship, fine arts, and foreign language for
grades kindergarten through twelve. The standards shall meet the
same requirements prescribed in divisions (A)(1)(a) to (e)(c) of
this section.
(3) The state board shall adopt the most recent standards
developed by the national association for sport and physical
education for physical education in grades kindergarten through
twelve or shall adopt its own standards for physical education in
those grades and revise and update them periodically.
The department shall employ a full-time physical education
coordinator to provide guidance and technical assistance to
districts, community schools, and STEM schools in implementing the
physical education standards adopted under this division. The
superintendent of public instruction shall determine that the
person employed as coordinator is qualified for the position, as
demonstrated by possessing an adequate combination of education,
license, and experience.
(4) When academic standards have been completed for any
subject area required by this section, the state board shall
inform all school districts, all community schools established
under Chapter 3314. of the Revised Code, all STEM schools
established under Chapter 3326. of the Revised Code, and all
nonpublic schools required to administer the assessments
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code
of the content of those standards.
(B) Not later than March 31, 2011, the state board shall
adopt a model curriculum for instruction in each subject area for
which updated academic standards are required by division (A)(1)
of this section and for each of grades kindergarten through twelve
that is sufficient to meet the needs of students in every
community. The model curriculum shall be aligned with the
standards, to ensure that the academic content and skills
specified for each grade level are taught to students, and shall
demonstrate vertical articulation and emphasize coherence, focus,
and rigor. When any model curriculum has been completed, the state
board shall inform all school districts, community schools, and
STEM schools of the content of that model curriculum.
All school districts, community schools, and STEM schools may
utilize the state standards and the model curriculum established
by the state board, together with other relevant resources,
examples, or models to ensure that students have the opportunity
to attain the academic standards. Upon request, the department of
education shall provide technical assistance to any district,
community school, or STEM school in implementing the model
curriculum.
Nothing in this section requires any school district to
utilize all or any part of a model curriculum developed under this
division.
(C) The state board shall develop achievement assessments
aligned with the academic standards and model curriculum for each
of the subject areas and grade levels required by divisions (A)(1)
and (B)(1) of section 3301.0710 of the Revised Code.
When any achievement assessment has been completed, the state
board shall inform all school districts, community schools, STEM
schools, and nonpublic schools required to administer the
assessment of its completion, and the department of education
shall make the achievement assessment available to the districts
and schools.
(D)(1) The state board shall adopt a diagnostic assessment
aligned with the academic standards and model curriculum for each
of grades kindergarten through two in English language arts and
mathematics and for grade three in English language arts. The
diagnostic assessment shall be designed to measure student
comprehension of academic content and mastery of related skills
for the relevant subject area and grade level. Any diagnostic
assessment shall not include components to identify gifted
students. Blank copies of diagnostic assessments shall be public
records.
(2) When each diagnostic assessment has been completed, the
state board shall inform all school districts of its completion
and the department of education shall make the diagnostic
assessment available to the districts at no cost to the district.
School districts shall administer the diagnostic assessment
pursuant to section 3301.0715 of the Revised Code beginning the
first school year following the development of the assessment.
(E) The state board shall not adopt a diagnostic or
achievement assessment for any grade level or subject area other
than those specified in this section.
(F) Whenever the state board or the department of education
consults with persons for the purpose of drafting or reviewing any
standards, diagnostic assessments, achievement assessments, or
model curriculum required under this section, the state board or
the department shall first consult with parents of students in
kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel, and administrators with
expertise in the appropriate subject area. Whenever practicable,
the state board and department shall consult with teachers
recognized as outstanding in their fields.
If the department contracts with more than one outside entity
for the development of the achievement assessments required by
this section, the department shall ensure the interchangeability
of those assessments.
(G) The fairness sensitivity review committee, established by
rule of the state board of education, shall not allow any question
on any achievement or diagnostic assessment developed under this
section or any proficiency test prescribed by former section
3301.0710 of the Revised Code, as it existed prior to September
11, 2001, to include, be written to promote, or inquire as to
individual moral or social values or beliefs. The decision of the
committee shall be final. This section does not create a private
cause of action.
(H) Not later than forty-five days prior to the initial
deadline established under division (A)(1) of this section and the
deadline established under division (B) of this section, the
superintendent of public instruction shall present the academic
standards or model curricula, as applicable, to the respective
committees of the house of representatives and senate that
consider education legislation.
(I) As used in this section:
(1) "Coherence" means a reflection of the structure of the
discipline being taught.
(2) "Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.
(3) "Rigor" means more challenging and demanding when
compared to international standards.
(4) "Vertical articulation" means key academic concepts and
skills associated with mastery in particular content areas should
be articulated and reinforced in a developmentally appropriate
manner at each grade level so that over time students acquire a
depth of knowledge and understanding in the core academic
disciplines.
Sec. 3301.0710. The state board of education shall adopt
rules establishing a statewide program to assess student
achievement. The state board shall ensure that all assessments
administered under the program are aligned with the academic
standards and model curricula adopted by the state board and are
created with input from Ohio parents, Ohio classroom teachers,
Ohio school administrators, and other Ohio school personnel
pursuant to section 3301.079 of the Revised Code.
The assessment program shall be designed to ensure that
students who receive a high school diploma demonstrate at least
high school levels of achievement in English language arts,
mathematics, science, and social studies, and other skills
necessary in the twenty-first century.
(A)(1) The state board shall prescribe all of the following:
(a) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of third grade;
(b) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of fourth grade;
(c) Four statewide achievement assessments, one each designed
to measure the level of English language arts, mathematics,
science, and social studies skill expected at the end of fifth
grade;
(d) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of sixth grade;
(e) Two statewide achievement assessments, one each designed
to measure the level of English language arts and mathematics
skill expected at the end of seventh grade;
(f) Four statewide achievement assessments, one each designed
to measure the level of English language arts, mathematics,
science, and social studies skill expected at the end of eighth
grade.
(2) The state board shall determine and designate at least
three ranges of scores on each of the achievement assessments
described in divisions (A)(1) and (B)(1) of this section. Each
range of scores shall be deemed to demonstrate a level of
achievement so that any student attaining a score within such
range has achieved one of the following:
(a) An advanced level of skill;
(b) A proficient level of skill;
(c) A limited level of skill.
(B)(1) The assessments prescribed under division (B)(1) of
this section shall collectively be known as the Ohio graduation
tests. The state board shall prescribe five statewide high school
achievement assessments, one each designed to measure the level of
reading, writing, mathematics, science, and social studies skill
expected at the end of tenth grade. The state board shall
designate a score in at least the range designated under division
(A)(2)(b) of this section on each such assessment that shall be
deemed to be a passing score on the assessment as a condition
toward granting high school diplomas under sections 3313.61,
3313.611, 3313.612, and 3325.08 of the Revised Code until the
assessment system prescribed by section 3301.0712 of the Revised
Code is implemented in accordance with rules adopted by the state
board under division
(E)(D) of that section.
(2) The state board shall prescribe an assessment system in
accordance with section 3301.0712 of the Revised Code that shall
replace the Ohio graduation tests in the manner prescribed by
rules adopted by the state board under division (E)(D) of that
section.
(3) The state board may enter into a reciprocal agreement
with the appropriate body or agency of any other state that has
similar statewide achievement assessment requirements for
receiving high school diplomas, under which any student who has
met an achievement assessment requirement of one state is
recognized as having met the similar requirement of the other
state for purposes of receiving a high school diploma. For
purposes of this section and sections 3301.0711 and 3313.61 of the
Revised Code, any student enrolled in any public high school in
this state who has met an achievement assessment requirement
specified in a reciprocal agreement entered into under this
division shall be deemed to have attained at least the applicable
score designated under this division on each assessment required
by division (B)(1) or (2) of this section that is specified in the
agreement.
(C) The superintendent of public instruction shall designate
dates and times for the administration of the assessments
prescribed by divisions (A) and (B) of this section.
In prescribing administration dates pursuant to this
division, the superintendent shall designate the dates in such a
way as to allow a reasonable length of time between the
administration of assessments prescribed under this section and
any administration of the national assessment of educational
progress given to students in the same grade level pursuant to
section 3301.27 of the Revised Code or federal law.
(D) The state board shall prescribe a practice version of
each Ohio graduation test described in division (B)(1) of this
section that is of comparable length to the actual test.
(E) Any committee established by the department of education
for the purpose of making recommendations to the state board
regarding the state board's designation of scores on the
assessments described by this section shall inform the state board
of the probable percentage of students who would score in each of
the ranges established under division (A)(2) of this section on
the assessments if the committee's recommendations are adopted by
the state board. To the extent possible, these percentages shall
be disaggregated by gender, major racial and ethnic groups,
limited English proficient students, economically disadvantaged
students, students with disabilities, and migrant students.
If the state board intends to make any change to the
committee's recommendations, the state board shall explain the
intended change to the Ohio accountability task force established
by section 3302.021 of the Revised Code. The task force shall
recommend whether the state board should proceed to adopt the
intended change. Nothing in this division shall require the state
board to designate assessment scores based upon the
recommendations of the task force.
Sec. 3301.0711. (A) The department of education shall:
(1) Annually furnish to, grade, and score all assessments
required by divisions (A)(1) and (B)(1) of section 3301.0710 of
the Revised Code to be administered by city, local, exempted
village, and joint vocational school districts, except that each
district shall score any assessment administered pursuant to
division (B)(10) of this section. Each assessment so furnished
shall include the data verification code of the student to whom
the assessment will be administered, as assigned pursuant to
division (D)(2) of section 3301.0714 of the Revised Code. In
furnishing the practice versions of Ohio graduation tests
prescribed by division (D) of section 3301.0710 of the Revised
Code, the department shall make the tests available on its web
site for reproduction by districts. In awarding contracts for
grading assessments, the department shall give preference to
Ohio-based entities employing Ohio residents.
(2) Adopt rules for the ethical use of assessments and
prescribing the manner in which the assessments prescribed by
section 3301.0710 of the Revised Code shall be administered to
students.
(B) Except as provided in divisions (C) and (J) of this
section, the board of education of each city, local, and exempted
village school district shall, in accordance with rules adopted
under division (A) of this section:
(1) Administer the English language arts assessments
prescribed under division (A)(1)(a) of section 3301.0710 of the
Revised Code twice annually to all students in the third grade who
have not attained the score designated for that assessment under
division (A)(2)(b) of section 3301.0710 of the Revised Code.
(2) Administer the mathematics assessment prescribed under
division (A)(1)(a) of section 3301.0710 of the Revised Code at
least once annually to all students in the third grade.
(3) Administer the assessments prescribed under division
(A)(1)(b) of section 3301.0710 of the Revised Code at least once
annually to all students in the fourth grade.
(4) Administer the assessments prescribed under division
(A)(1)(c) of section 3301.0710 of the Revised Code at least once
annually to all students in the fifth grade.
(5) Administer the assessments prescribed under division
(A)(1)(d) of section 3301.0710 of the Revised Code at least once
annually to all students in the sixth grade.
(6) Administer the assessments prescribed under division
(A)(1)(e) of section 3301.0710 of the Revised Code at least once
annually to all students in the seventh grade.
(7) Administer the assessments prescribed under division
(A)(1)(f) of section 3301.0710 of the Revised Code at least once
annually to all students in the eighth grade.
(8) Except as provided in division (B)(9) of this section,
administer any assessment prescribed under division (B)(1) of
section 3301.0710 of the Revised Code as follows:
(a) At least once annually to all tenth grade students and at
least twice annually to all students in eleventh or twelfth grade
who have not yet attained the score on that assessment designated
under that division;
(b) To any person who has successfully completed the
curriculum in any high school or the individualized education
program developed for the person by any high school pursuant to
section 3323.08 of the Revised Code but has not received a high
school diploma and who requests to take such assessment, at any
time such assessment is administered in the district.
(9) In lieu of the board of education of any city, local, or
exempted village school district in which the student is also
enrolled, the board of a joint vocational school district shall
administer any assessment prescribed under division (B)(1) of
section 3301.0710 of the Revised Code at least twice annually to
any student enrolled in the joint vocational school district who
has not yet attained the score on that assessment designated under
that division. A board of a joint vocational school district may
also administer such an assessment to any student described in
division (B)(8)(b) of this section.
(10) If the district has been declared to be under an
academic watch or in a state of academic emergency pursuant to
section 3302.03 of the Revised Code or has a three-year average
graduation rate of not more than seventy-five per cent, administer
each assessment prescribed by division (D) of section 3301.0710 of
the Revised Code in September to all ninth grade students,
beginning in the school year that starts July 1, 2005.
Except as provided in section 3313.614 of the Revised Code
for administration of an assessment to a person who has fulfilled
the curriculum requirement for a high school diploma but has not
passed one or more of the required assessments, the assessments
prescribed under division (B)(1) of section 3301.0710 of the
Revised Code and the practice assessments prescribed under
division (D) of that section and required to be administered under
divisions (B)(8), (9), and (10) of this section shall not be
administered after the assessment system prescribed by division
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised
Code is implemented under rule of the state board adopted under
division (E)(D)(1) of section 3301.0712 of the Revised Code.
(11) Administer the assessments prescribed by division (B)(2)
of section 3301.0710 and section 3301.0712 of the Revised Code in
accordance with the timeline and plan for implementation of those
assessments prescribed by rule of the state board adopted under
division (E)(D)(1) of section 3301.0712 of the Revised Code.
(C)(1)(a) Any In the case of a student receiving special
education services under Chapter 3323. of the Revised Code, the
individualized education program developed for the student under
that chapter shall specify the manner in which the student will
participate in the assessments administered under this section.
The individualized education program may be excused excuse the
student from taking any particular assessment required to be
administered under this section if the individualized education
program developed for the student pursuant to section 3323.08 of
the Revised Code excuses the student from taking that assessment
and it instead specifies an alternate assessment method approved
by the department of education as conforming to requirements of
federal law for receipt of federal funds for disadvantaged pupils.
To the extent possible, the individualized education program shall
not excuse the student from taking an assessment unless no
reasonable accommodation can be made to enable the student to take
the assessment.
(b) Any alternate assessment approved by the department for a
student under this division shall produce measurable results
comparable to those produced by the assessment it replaces in
order to allow for the student's results to be included in the
data compiled for a school district or building under section
3302.03 of the Revised Code.
(c) Any student enrolled in a chartered nonpublic school who
has been identified, based on an evaluation conducted in
accordance with section 3323.03 of the Revised Code or section 504
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a child with a disability shall be excused
from taking any particular assessment required to be administered
under this section if a plan developed for the student pursuant to
rules adopted by the state board excuses the student from taking
that assessment. In the case of any student so excused from taking
an assessment, the chartered nonpublic school shall not prohibit
the student from taking the assessment.
(2) A district board may, for medical reasons or other good
cause, excuse a student from taking an assessment administered
under this section on the date scheduled, but that assessment
shall be administered to the excused student not later than nine
days following the scheduled date. The district board shall
annually report the number of students who have not taken one or
more of the assessments required by this section to the state
board of education not later than the thirtieth day of June.
(3) As used in this division, "limited English proficient
student" has the same meaning as in 20 U.S.C. 7801.
No school district board shall excuse any limited English
proficient student from taking any particular assessment required
to be administered under this section, except that any limited
English proficient student who has been enrolled in United States
schools for less than one full school year shall not be required
to take any reading, writing, or English language arts assessment.
However, no board shall prohibit a limited English proficient
student who is not required to take an assessment under this
division from taking the assessment. A board may permit any
limited English proficient student to take an assessment required
to be administered under this section with appropriate
accommodations, as determined by the department. For each limited
English proficient student, each school district shall annually
assess that student's progress in learning English, in accordance
with procedures approved by the department.
The governing authority of a chartered nonpublic school may
excuse a limited English proficient student from taking any
assessment administered under this section. However, no governing
authority shall prohibit a limited English proficient student from
taking the assessment.
(D)(1) In the school year next succeeding the school year in
which the assessments prescribed by division (A)(1) or (B)(1) of
section 3301.0710 of the Revised Code or former division (A)(1),
(A)(2), or (B) of section 3301.0710 of the Revised Code as it
existed prior to September 11, 2001, are administered to any
student, the board of education of any school district in which
the student is enrolled in that year shall provide to the student
intervention services commensurate with the student's performance,
including any intensive intervention required under section
3313.608 of the Revised Code, in any skill in which the student
failed to demonstrate at least a score at the proficient level on
the assessment.
(2) Following any administration of the assessments
prescribed by division (D) of section 3301.0710 of the Revised
Code to ninth grade students, each school district that has a
three-year average graduation rate of not more than seventy-five
per cent shall determine for each high school in the district
whether the school shall be required to provide intervention
services to any students who took the assessments. In determining
which high schools shall provide intervention services based on
the resources available, the district shall consider each school's
graduation rate and scores on the practice assessments. The
district also shall consider the scores received by ninth grade
students on the English language arts and mathematics assessments
prescribed under division (A)(1)(f) of section 3301.0710 of the
Revised Code in the eighth grade in determining which high schools
shall provide intervention services.
Each high school selected to provide intervention services
under this division shall provide intervention services to any
student whose results indicate that the student is failing to make
satisfactory progress toward being able to attain scores at the
proficient level on the Ohio graduation tests. Intervention
services shall be provided in any skill in which a student
demonstrates unsatisfactory progress and shall be commensurate
with the student's performance. Schools shall provide the
intervention services prior to the end of the school year, during
the summer following the ninth grade, in the next succeeding
school year, or at any combination of those times.
(E) Except as provided in section 3313.608 of the Revised
Code and division (M) of this section, no school district board of
education shall utilize any student's failure to attain a
specified score on an assessment administered under this section
as a factor in any decision to deny the student promotion to a
higher grade level. However, a district board may choose not to
promote to the next grade level any student who does not take an
assessment administered under this section or make up an
assessment as provided by division (C)(2) of this section and who
is not exempt from the requirement to take the assessment under
division (C)(3) of this section.
(F) No person shall be charged a fee for taking any
assessment administered under this section.
(G)(1) Each school district board shall designate one
location for the collection of assessments administered in the
spring under division (B)(1) of this section and those
administered under divisions (B)(2) to (7) of this section. Each
district board shall submit the assessments to the entity with
which the department contracts for the scoring of the assessments
as follows:
(a) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
less than two thousand five hundred, not later than the Friday
after all of the assessments have been administered;
(b) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
two thousand five hundred or more, but less than seven thousand,
not later than the Monday after all of the assessments have been
administered;
(c) If the district's total enrollment in grades kindergarten
through twelve during the first full school week of October was
seven thousand or more, not later than the Tuesday after all of
the assessments have been administered.
However, any assessment that a student takes during the
make-up period described in division (C)(2) of this section shall
be submitted not later than the Friday following the day the
student takes the assessment.
(2) The department or an entity with which the department
contracts for the scoring of the assessment shall send to each
school district board a list of the individual scores of all
persons taking an assessment prescribed by division (A)(1) or
(B)(1) of section 3301.0710 of the Revised Code within sixty days
after its administration, but in no case shall the scores be
returned later than the fifteenth day of June following the
administration. For assessments administered under this section by
a joint vocational school district, the department or entity shall
also send to each city, local, or exempted village school district
a list of the individual scores of any students of such city,
local, or exempted village school district who are attending
school in the joint vocational school district.
(H) Individual scores on any assessments administered under
this section shall be released by a district board only in
accordance with section 3319.321 of the Revised Code and the rules
adopted under division (A) of this section. No district board or
its employees shall utilize individual or aggregate results in any
manner that conflicts with rules for the ethical use of
assessments adopted pursuant to division (A) of this section.
(I) Except as provided in division (G) of this section, the
department or an entity with which the department contracts for
the scoring of the assessment shall not release any individual
scores on any assessment administered under this section. The
state board of education shall adopt rules to ensure the
protection of student confidentiality at all times. The rules may
require the use of the data verification codes assigned to
students pursuant to division (D)(2) of section 3301.0714 of the
Revised Code to protect the confidentiality of student scores.
(J) Notwithstanding division (D) of section 3311.52 of the
Revised Code, this section does not apply to the board of
education of any cooperative education school district except as
provided under rules adopted pursuant to this division.
(1) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code may
enter into an agreement with the board of education of the
cooperative education school district for administering any
assessment prescribed under this section to students of the city,
exempted village, or local school district who are attending
school in the cooperative education school district.
(2) In accordance with rules that the state board of
education shall adopt, the board of education of any city,
exempted village, or local school district with territory in a
cooperative education school district established pursuant to
section 3311.521 of the Revised Code shall enter into an agreement
with the cooperative district that provides for the administration
of any assessment prescribed under this section to both of the
following:
(a) Students who are attending school in the cooperative
district and who, if the cooperative district were not
established, would be entitled to attend school in the city,
local, or exempted village school district pursuant to section
3313.64 or 3313.65 of the Revised Code;
(b) Persons described in division (B)(8)(b) of this section.
Any assessment of students pursuant to such an agreement
shall be in lieu of any assessment of such students or persons
pursuant to this section.
(K)(1) As a condition of compliance with section 3313.612 of
the Revised Code, each chartered nonpublic school that educates
students in grades nine through twelve shall administer the
assessments prescribed by divisions (B)(1) and (2) of section
3301.0710 of the Revised Code. Any chartered nonpublic school may
participate in the assessment program by administering any of the
assessments prescribed by division (A) of section 3301.0710 of the
Revised Code. The chief administrator of the school shall specify
which assessments the school will administer. Such specification
shall be made in writing to the superintendent of public
instruction prior to the first day of August of any school year in
which assessments are administered and shall include a pledge that
the nonpublic school will administer the specified assessments in
the same manner as public schools are required to do under this
section and rules adopted by the department.
(2) The department of education shall furnish the assessments
prescribed by section 3301.0710 or 3301.0712 of the Revised Code
to each chartered nonpublic school that participates under this
division.
(L)(1) The superintendent of the state school for the blind
and the superintendent of the state school for the deaf shall
administer the assessments described by sections 3301.0710 and
3301.0712 of the Revised Code. Each superintendent shall
administer the assessments in the same manner as district boards
are required to do under this section and rules adopted by the
department of education and in conformity with division (C)(1)(a)
of this section.
(2) The department of education shall furnish the assessments
described by sections 3301.0710 and 3301.0712 of the Revised Code
to each superintendent.
(M) Notwithstanding division (E) of this section, a school
district may use a student's failure to attain a score in at least
the proficient range on the mathematics assessment described by
division (A)(1)(a) of section 3301.0710 of the Revised Code or on
an assessment described by division (A)(1)(b), (c), (d), (e), or
(f) of section 3301.0710 of the Revised Code as a factor in
retaining that student in the current grade level.
(N)(1) In the manner specified in divisions (N)(3) and (4) of
this section, the assessments required by division (A)(1) of
section 3301.0710 of the Revised Code shall become public records
pursuant to section 149.43 of the Revised Code on the first day of
July following the school year that the assessments were
administered.
(2) The department may field test proposed questions with
samples of students to determine the validity, reliability, or
appropriateness of questions for possible inclusion in a future
year's assessment. The department also may use anchor questions on
assessments to ensure that different versions of the same
assessment are of comparable difficulty.
Field test questions and anchor questions shall not be
considered in computing scores for individual students. Field test
questions and anchor questions may be included as part of the
administration of any assessment required by division (A)(1) or
(B)(1) of section 3301.0710 of the Revised Code.
(3) Any field test question or anchor question administered
under division (N)(2) of this section shall not be a public
record. Such field test questions and anchor questions shall be
redacted from any assessments which are released as a public
record pursuant to division (N)(1) of this section.
(4) This division applies to the assessments prescribed by
division (A) of section 3301.0710 of the Revised Code.
(a) The first administration of each assessment, as specified
in former section 3301.0712 of the Revised Code, shall be a public
record.
(b) For subsequent administrations of each assessment, not
less than forty per cent of the questions on the assessment that
are used to compute a student's score shall be a public record.
The department shall determine which questions will be needed for
reuse on a future assessment and those questions shall not be
public records and shall be redacted from the assessment prior to
its release as a public record. However, for each redacted
question, the department shall inform each city, local, and
exempted village school district of the statewide academic
standard adopted by the state board of education under section
3301.079 of the Revised Code and the corresponding benchmark to
which the question relates. The preceding sentence does not apply
to field test questions that are redacted under division (N)(3) of
this section.
(5) Each assessment prescribed by division (B)(1) of section
3301.0710 of the Revised Code shall not be a public record.
(O) As used in this section:
(1) "Three-year average" means the average of the most recent
consecutive three school years of data.
(2) "Dropout" means a student who withdraws from school
before completing course requirements for graduation and who is
not enrolled in an education program approved by the state board
of education or an education program outside the state. "Dropout"
does not include a student who has departed the country.
(3) "Graduation rate" means the ratio of students receiving a
diploma to the number of students who entered ninth grade four
years earlier. Students who transfer into the district are added
to the calculation. Students who transfer out of the district for
reasons other than dropout are subtracted from the calculation. If
a student who was a dropout in any previous year returns to the
same school district, that student shall be entered into the
calculation as if the student had entered ninth grade four years
before the graduation year of the graduating class that the
student joins.
Sec. 3301.0712. (A) The state board of education, the
superintendent of public instruction, and the chancellor of the
Ohio board of regents shall develop a system of college and work
ready assessments as described in divisions (B)(1) to (3) and (2)
of this section to assess whether each student upon graduating
from high school is ready to enter college or the workforce. The
system shall replace the Ohio graduation tests prescribed in
division (B)(1) of section 3301.0710 of the Revised Code as a
measure of student academic performance and a prerequisite for
eligibility for a high school diploma in the manner prescribed by
rule of the state board adopted under division (E)(D) of this
section.
(B) The college and work ready assessment system shall
consist of the following:
(1) A nationally standardized assessment that measures
competencies in science, mathematics, and English language arts
selected jointly by the state superintendent and the chancellor.
(2) A series of end-of-course examinations in the areas of
science, mathematics, English language arts, and social studies
selected jointly by the state superintendent and the chancellor in
consultation with faculty in the appropriate subject areas at
institutions of higher education of the university system of Ohio.
(3) A senior project completed by a student or a group of
students. The purpose of the senior project is to assess the
student's:
(a) Mastery of core knowledge in a subject area chosen by the
student;
(b) Written and verbal communication skills;
(c) Critical thinking and problem-solving skills;
(d) Real-world and interdisciplinary learning;
(e) Creative and innovative thinking;
(f) Acquired technology, information, and media skills;
(g) Personal management skills such as self-direction, time
management, work ethic, enthusiasm, and the desire to produce a
high quality product.
The state superintendent and the chancellor jointly shall
develop standards for the senior project for students
participating in dual enrollment programs.
(C)(1) The state superintendent and the chancellor jointly
shall designate the scoring rubrics and the required overall
composite score for the assessment system to assess whether each
student is college or work ready.
(2) Each senior project shall be judged by the student's high
school in accordance with rubrics designated by the state
superintendent and the chancellor.
(D) Not later than thirty days after the state board adopts
the model curricula required by division (B) of section 3301.079
of the Revised Code, the state board shall convene a group of
national experts, state experts, and local practitioners to
provide advice, guidance, and recommendations for the alignment of
standards and model curricula to the assessments and in the design
of the end-of-course examinations and scoring rubrics prescribed
by this section.
(E)(D) Upon completion of the development of the assessment
system, the state board shall adopt rules prescribing all of the
following:
(1) A timeline and plan for implementation of the assessment
system, including a phased implementation if the state board
determines such a phase-in is warranted;
(2) The date after which a person entering ninth grade shall
attain at least the composite score for meet the requirements of
the entire assessment system as a prerequisite for a high school
diploma under sections
section 3313.61, 3313.612, or 3325.08 of
the Revised Code;
(3) The date after which a person shall attain at least the
composite score for meet the requirements of the entire assessment
system as a prerequisite for a diploma of adult education under
section 3313.611 of the Revised Code;
(4) Whether and the extent to which a person may be excused
from a social studies end-of-course examination under division (H)
of section 3313.61 and division (B)(2) of section 3313.612 of the
Revised Code;
(5) The date after which a person who has fulfilled the
curriculum requirement for a diploma but has not passed one or
more of the required assessments at the time the person fulfilled
the curriculum requirement shall attain at least the composite
score for meet the requirements of the entire assessment system as
a prerequisite for a high school diploma under division (B) of
section 3313.614 of the Revised Code;
(6) The extent to which the assessment system applies to
students enrolled in a dropout recovery and prevention program for
purposes of division (F) of section 3313.603 and section 3314.36
of the Revised Code.
No rule adopted under this division shall be effective
earlier than one year after the date the rule is filed in final
form pursuant to Chapter 119. of the Revised Code.
(F)(E) Not later than forty-five days prior to the state
board's adoption of a resolution directing the department of
education to file the rules prescribed by division (E)(D) of this
section in final form under section 119.04 of the Revised Code,
the superintendent of public instruction shall present the
assessment system developed under this section to the respective
committees of the house of representatives and senate that
consider education legislation.
Sec. 3301.16. Pursuant to standards prescribed by the state
board of education as provided in division (D) of section 3301.07
of the Revised Code, the state board shall classify and charter
school districts and individual schools within each district
except that no charter shall be granted to a nonpublic school
unless the school complies with section 3313.612 of the Revised
Code.
In the course of considering the charter of a new school
district created under section 3311.26 or 3311.38 of the Revised
Code, the state board shall require the party proposing creation
of the district to submit to the board a map, certified by the
county auditor of the county in which the proposed new district is
located, showing the boundaries of the proposed new district. In
the case of a proposed new district located in more than one
county, the map shall be certified by the county auditor of each
county in which the proposed district is located.
The state board shall revoke the charter of any school
district or school which fails to meet the standards for
elementary and high schools as prescribed by the board. The state
board shall also revoke the charter of any nonpublic school that
does not comply with section 3313.612 of the Revised Code.
In the issuance and revocation of school district or school
charters, the state board shall be governed by the provisions of
Chapter 119. of the Revised Code.
No school district, or individual school operated by a school
district, shall operate without a charter issued by the state
board under this section.
In case a school district charter is revoked pursuant to this
section, the state board may dissolve the school district and
transfer its territory to one or more adjacent districts. An
equitable division of the funds, property, and indebtedness of the
school district shall be made by the state board among the
receiving districts. The board of education of a receiving
district shall accept such territory pursuant to the order of the
state board. Prior to dissolving the school district, the state
board shall notify the appropriate educational service center
governing board and all adjacent school district boards of
education of its intention to do so. Boards so notified may make
recommendations to the state board regarding the proposed
dissolution and subsequent transfer of territory. Except as
provided in section 3301.161 of the Revised Code, the transfer
ordered by the state board shall become effective on the date
specified by the state board, but the date shall be at least
thirty days following the date of issuance of the order.
A high school is one of higher grade than an elementary
school, in which instruction and training are given in accordance
with sections 3301.07 and 3313.60 of the Revised Code and which
also offers other subjects of study more advanced than those
taught in the elementary schools and such other subjects as may be
approved by the state board of education.
An elementary school is one in which instruction and training
are given in accordance with sections 3301.07 and 3313.60 of the
Revised Code and which offers such other subjects as may be
approved by the state board of education. In districts wherein a
junior high school is maintained, the elementary schools in that
district may be considered to include only the work of the first
six school years inclusive, plus the kindergarten year.
A high school or an elementary school may consist of less
than one or more than one organizational unit, as defined in
sections 3306.02 and 3306.04 of the Revised Code.
Sec. 3301.162. (A) If the governing authority of a chartered
nonpublic school intends to close the school, the governing
authority shall notify all of the following of that intent prior
to closing the school:
(1) The department of education;
(2) The school district that receives auxiliary services
funding under division (I)(E) of section 3317.024 of the Revised
Code on behalf of the students enrolled in the school;
(3) The accrediting association that most recently accredited
the school for purposes of chartering the school in accordance
with the rules of the state board of education, if applicable.
The notice shall include the school year and, if possible,
the actual date the school will close.
(B) The chief administrator of each chartered nonpublic
school that closes shall deposit the school's records with either:
(1) The accrediting association that most recently accredited
the school for purposes of chartering the school in accordance
with the rules of the state board, if applicable;
(2) The school district that received auxiliary services
funding under division (I)(E) of section 3317.024 of the Revised
Code on behalf of the students enrolled in the school.
The school district that receives the records may charge for
and receive a one-time reimbursement from auxiliary services
funding under division (I)(E) of section 3317.024 of the Revised
Code for costs the district incurred to store the records.
Sec. 3301.70. (A) The state board of education is the
designated state agency responsible for the coordination and
administration of sections 110 to 118 of the "National and
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.
12401 to 12431, as amended. With the assistance of the Ohio
community commission on service
council and volunteerism created
in section 121.40 of the Revised Code, the state board shall
coordinate with other state agencies to apply for funding under
the act when appropriate.
(B) With the assistance of the Ohio community commission on
service
council and volunteerism, the state board of education
shall develop a plan to assist school districts in the
implementation of section 3313.605 of the Revised Code and other
community service activities of school districts. The state board
shall encourage the development of school district programs
meeting the requirements for funding under the National and
Community Service Act of 1990. The plan shall include the
investigation of funding from all available sources for school
community service education programs, including funds available
under the National and Community Service Act of 1990, and the
provision of technical assistance to school districts for the
implementation of community service education programs. The plan
shall also provide for technical assistance to be given to school
boards to assist in obtaining funds for community service
education programs from any source.
(C) With the assistance of the Ohio community commission on
service
council and volunteerism, the state board of education
shall do all of the following:
(1) Disseminate information about school district community
service education programs to other school districts and to
statewide organizations involved with or promoting volunteerism;
(2) Recruit additional school districts to develop community
service education programs;
(3) Identify or develop model community service programs,
teacher training courses, and community service curricula and
teaching materials for possible use by school districts in their
programs.
Sec. 3302.02. Not later than one year after the adoption of
rules under division (E)(D) of section 3301.0712 of the Revised
Code and at least every sixth year thereafter, upon
recommendations of the superintendent of public instruction, the
state board of education shall establish performance indicators
for the report cards required by division (C) of section 3302.03
of the Revised Code. In establishing these indicators, the
superintendent shall consider inclusion of student performance on
assessments prescribed under section 3301.0710 or 3301.0712 of the
Revised Code, rates of student improvement on such assessments,
student attendance, the breadth of coursework available within the
district, and other indicators of student success. Not later than
December 31, 2011, the state board, upon recommendation of the
superintendent, shall establish a performance indicator reflecting
the level of services provided to, and the performance of,
students identified as gifted under Chapter 3324. of the Revised
Code.
The superintendent shall inform the Ohio accountability task
force established under section 3302.021 of the Revised Code of
the performance indicators the superintendent establishes under
this section and the rationale for choosing each indicator and for
determining how a school district or building meets that
indicator.
The superintendent shall not establish any performance
indicator for passage of the third or fourth grade English
language arts assessment that is solely based on the assessment
given in the fall for the purpose of determining whether students
have met the reading guarantee provisions of section 3313.608 of
the Revised Code.
Sec. 3302.031. In addition to the report cards required under
section 3302.03 of the Revised Code, the department of education
shall annually prepare the following reports for each school
district and make a copy of each report available to the
superintendent of each district:
(A) A funding and expenditure accountability report which
shall consist of the amount of state aid payments the school
district will receive during the fiscal year under Chapters 3306.
and Chapter 3317. of the Revised Code and any other fiscal data
the department determines is necessary to inform the public about
the financial status of the district;
(B) A school safety and discipline report which shall consist
of statistical information regarding student safety and discipline
in each school building, including the number of suspensions and
expulsions disaggregated according to race and gender;
(C) A student equity report which shall consist of at least a
description of the status of teacher qualifications, library and
media resources, textbooks, classroom materials and supplies, and
technology resources for each district. To the extent possible,
the information included in the report required under this
division shall be disaggregated according to grade level, race,
gender, disability, and scores attained on assessments required
under section 3301.0710 of the Revised Code.
(D) A school enrollment report which shall consist of
information about the composition of classes within each district
by grade and subject disaggregated according to race, gender, and
scores attained on assessments required under section 3301.0710 of
the Revised Code;
(E) A student retention report which shall consist of the
number of students retained in their respective grade levels in
the district disaggregated by grade level, subject area, race,
gender, and disability;
(F) A school district performance report which shall describe
for the district and each building within the district the extent
to which the district or building meets each of the applicable
performance indicators established under section 3302.02 of the
Revised Code, the number of performance indicators that have been
achieved, and the performance index score. In calculating the
rates of achievement on the performance indicators and the
performance index scores for each report, the department shall
exclude all students with disabilities.
Sec. 3302.042. (A) The department of education annually shall
rank all schools statewide that are operated by a city, exempted
village, or local school district in order according to the
schools' performance index scores.
(B) This section applies to any school that has been ranked
in the lowest five per cent of performance index scores for three
or more consecutive school years.
(C) Except as provided in division (E) of this section, if
the parents or guardians of at least fifty per cent of the
students enrolled in a school to which this section applies, or if
the parents or guardians of at least fifty per cent of the total
number of students enrolled in that school and the schools of
lower grade levels whose students typically matriculate into that
school, sign and file with the school district treasurer a
petition requesting the district board of education to implement
one of the following reforms in the school, and if the validity
and sufficiency of the petition is certified in accordance with
division (D) of this section, the board shall implement the
requested reform in the next school year:
(1) Reopen the school as a community school under Chapter
3314. of the Revised Code;
(2) Replace at least seventy per cent of the school's
personnel who are related to the school's poor academic
performance or, at the request of the petitioners, retain not more
than thirty per cent of the personnel;
(3) Contract with another school district or a nonprofit or
for-profit entity with a demonstrated record of effectiveness to
operate the school;
(4) Turn operation of the school over to the department;
(5) Any other major restructuring of the school that makes
fundamental reforms in the school's staffing or governance.
(D) Not later than thirty days after receipt of a petition
under division (C) of this section, the district treasurer shall
verify the validity and sufficiency of the signatures on the
petition and certify to the district board whether the petition
contains the necessary number of valid signatures to require the
board to implement the reform requested by the petitioners. If the
treasurer certifies to the district board that the petition does
not contain the necessary number of valid signatures, any person
who signed the petition may file an appeal with the county auditor
within ten days after the certification. Not later than thirty
days after the filing of an appeal, the county auditor shall
conduct an independent verification of the validity and
sufficiency of the signatures on the petition and certify to the
district board whether the petition contains the necessary number
of valid signatures to require the board to implement the
requested reform. If the treasurer or county auditor certifies
that the petition contains the necessary number of valid
signatures, the district board shall notify the superintendent of
public instruction and the state board of education of the
certification.
(E) The district board shall not implement the reform
requested by the petitioners in any of the following
circumstances:
(1) The district board has determined that the request is for
reasons other than improving student academic achievement or
student safety.
(2) The state superintendent has determined that
implementation of the requested reform would not comply with the
model of differentiated accountability described in section
3302.041 of the Revised Code.
(3) The petitioners have requested the district board to
implement the reform described in division (C)(4) of this section
and the department has not agreed to take over the school's
operation.
(4) When all of the following have occurred:
(a) After a public hearing on the matter, the district board
issued a written statement explaining the reasons that it is
unable to implement the requested reform and agreeing to implement
one of the other reforms described in division (C) of this
section.
(b) The district board submitted its written statement to the
state superintendent and the state board along with evidence
showing how the alternative reform the district board has agreed
to implement will enable the school to improve its academic
performance.
(c) Both the state superintendent and the state board have
approved implementation of the alternative reform.
Sec. 3302.05. The state board of education shall adopt rules
freeing school districts declared to be excellent under division
(B)(1) or effective under division (B)(2) of section 3302.03 of
the Revised Code from specified state mandates. Any mandates
included in the rules shall be only those statutes or rules
pertaining to state education requirements. The rules shall not
exempt districts from any standard or requirement of section
3306.09 of the Revised Code or from any operating standard adopted
under division (D)(3) of section 3301.07 or from the requirements
of sections 3317.141, 3319.08, 3319.111, or 3319.17 of the Revised
Code.
Sec. 3302.06. (A) Any school operated by a city, exempted
village, or local school district may apply to the district board
of education to be designated as an innovation school. Each
application shall include an innovation plan that contains the
following:
(1) A statement of the school's mission and an explanation of
how the designation would enhance the school's ability to fulfill
its mission;
(2) A description of the innovations the school would
implement;
(3) An explanation of how implementation of the innovations
described in division (A)(2) of this section would affect the
school's programs and policies, including any of the following
that apply:
(a) The school's educational program;
(b) The length of the school day and the school year;
(c) The school's student promotion policy;
(d) The school's plan for the assessment of students;
(f) The school's staffing levels.
(4) A description of the improvements in student academic
performance that the school expects to achieve by implementing the
innovations described in division (A)(2) of this section;
(5) An estimate of the cost savings and increased
efficiencies, if any, that the school expects to achieve by
implementing the innovations described in division (A)(2) of this
section;
(6) A description of any laws in Title XXXIII of the Revised
Code, rules adopted by the state board of education, or
requirements enacted by the district board that would need to be
waived to implement the innovations described in division (A)(2)
of this section;
(7) A description of any provisions of a collective
bargaining agreement covering personnel of the school that would
need to be waived to implement the innovations described in
division (A)(2) of this section;
(8) Evidence that a majority of the administrators assigned
to the school and a majority of the teachers assigned to the
school consent to seeking the designation and a statement of the
level of support for seeking the designation demonstrated by other
staff working in the school, students enrolled in the school and
their parents, and members of the community in which the school is
located.
(B) Two or more schools that are operated by the district may
apply to the district board to be designated as an innovation
school zone, if the schools share common interests based on
factors such as geographical proximity or similar educational
programs or if the schools serve the same classes of students as
they advance to higher grade levels. Each application shall
include an innovation plan that contains the information
prescribed by divisions (A)(1) to (8) of this section for each
participating school and the following additional information:
(1) A description of how innovations in the participating
schools would be integrated to achieve results that would be less
likely to be achieved by each participating school alone;
(2) An estimate of any economies of scale that would be
realized by implementing innovations jointly.
Sec. 3302.061. (A) A school district board of education shall
review each application received under section 3302.06 of the
Revised Code and, within sixty days after receipt of the
application, shall approve or disapprove the application. In
reviewing applications, the board shall give preference to
applications that propose innovations in one or more of the
following areas:
(2) Student assessments, other than the assessments
prescribed by sections 3301.0710 and 3301.0712 of the Revised
Code;
(4) Accountability measures, including innovations that
expand the number and variety of measures used in order to collect
more complete data about student academic performance. For this
purpose, schools may consider use of measures such as
end-of-course examinations, portfolios of student work, nationally
or internationally normed assessments, the percentage of students
enrolling in post-secondary education, or the percentage of
students simultaneously obtaining a high school diploma and an
associate's degree or certification to work in an industry or
career field.
(5) Provision of student services, including services for
students who are disabled, identified as gifted under Chapter
3324. of the Revised Code, limited English proficient, at risk of
academic failure or dropping out, or at risk of suspension or
expulsion;
(6) Provision of health, counseling, or other social services
to students;
(7) Preparation of students for transition to higher
education or the workforce;
(8) Teacher recruitment, employment, and evaluation;
(9) Compensation for school personnel;
(10) Professional development;
(11) School governance and the roles and responsibilities of
principals;
(12) Use of financial or other resources.
(B)(1) If the board approves an application seeking
designation as an innovation school, it shall so designate the
school that submitted the application. If the board approves an
application seeking designation as an innovation school zone, it
shall so designate the participating schools that submitted the
application.
(2) If the board disapproves an application, it shall provide
a written explanation of the basis for its decision to the school
or schools that submitted the application. The school or schools
may reapply for designation as an innovation school or innovation
school zone at any time.
(C) The board may approve an application that allows an
innovation school or a school participating in an innovation
school zone to determine the compensation of board employees
working in the school, but the total compensation for all such
employees shall not exceed the financial resources allocated to
the school by the board. The school shall not be required to
comply with the salary schedule adopted by the board under section
3317.14 or 3317.141 of the Revised Code. The board may approve an
application that allows an innovation school or a school
participating in an innovation school zone to remove board
employees from the school, but no employee shall be terminated
except as provided in section 3319.081 or 3319.16 of the Revised
Code.
(D) The board may do either of the following at any time:
(1) Designate a school as an innovation school by creating an
innovation plan for that school and offering the school an
opportunity to participate in the plan's creation;
(2) Designate as an innovation school zone two or more
schools that share common interests based on factors such as
geographical proximity or similar educational programs or that
serve the same classes of students as they advance to higher grade
levels, by creating an innovation plan for those schools and
offering the schools an opportunity to participate in the plan's
creation.
Sec. 3302.062. (A) If a school district board of education
approves an application under division (B)(1) of section 3302.061
of the Revised Code or designates an innovation school or
innovation school zone under division (D) of that section, the
district board shall apply to the state board of education for
designation as a school district of innovation by submitting to
the state board the innovation plan included in the approved
application or created by the district board.
Within sixty days after receipt of the application, the state
board shall designate the district as a school district of
innovation, unless the state board determines that the submitted
innovation plan is not financially feasible or will likely result
in decreased academic achievement. If the state board so
determines, it shall provide a written explanation of the basis
for its determination to the district board. If the district is
not designated as a school district of innovation, the district
board shall not implement the innovation plan. However, the
district board may reapply for designation as a school district of
innovation at any time.
(B) A district board may request the state board to make a
preliminary review of an innovation plan prior to the district
board's formal application for designation as a school district of
innovation. In that case, the state board shall review the
innovation plan and, within sixty days after the request,
recommend to the district board any changes or additions that the
state board believes will improve the plan, which may include
further innovations or measures to increase the likelihood that
the innovations will result in higher academic achievement. The
district board may revise the innovation plan prior to making
formal application for designation as a school district of
innovation.
Sec. 3302.063. (A) Except as provided in division (B) of this
section, upon designation of a school district of innovation under
section 3302.062 of the Revised Code, the state board of education
shall waive any laws in Title XXXIII of the Revised Code or rules
adopted by the state board that are specified in the innovation
plan submitted by the district board of education as needing to be
waived to implement the plan. The waiver shall apply only to the
school or schools participating in the innovation plan and shall
not apply to the district as a whole, unless each of the
district's schools is a participating school. The waiver shall
cease to apply to a school if the school's designation as an
innovation school is revoked or the innovation school zone in
which the school participates has its designation revoked under
section 3302.065 of the Revised Code, or if the school is removed
from an innovation school zone under that section or section
3302.064 of the Revised Code.
(B) The state board shall not waive any law or rule regarding
the following:
(1) Funding for school districts under Chapter 3317. of the
Revised Code;
(2) The requirements of Chapters 3323. and 3324. of the
Revised Code for the provision of services to students with
disabilities and gifted students;
(3) Requirements related to the provision of career-technical
education that are necessary to comply with federal law or
maintenance of effort provisions;
(4) Administration of the assessments prescribed by sections
3301.0710, 3301.0712, and 3301.0715 of the Revised Code;
(5) Requirements related to the issuance of report cards and
the assignment of performance ratings under section 3302.03 of the
Revised Code;
(6) Implementation of the model of differentiated
accountability under section 3302.041 of the Revised Code;
(7) Requirements for the reporting of data to the department
of education;
(8) Criminal records checks of school employees;
(9) The requirements of Chapters 3307. and 3309. regarding
the retirement systems for teachers and school employees.
(C) If a district board's revisions to an innovation plan
under section 3302.066 of the Revised Code require a waiver of
additional laws or state board rules, the state board shall grant
a waiver from those laws or rules upon evidence that
administrators and teachers have consented to the revisions as
required by that section.
Sec. 3302.064. (A) Each collective bargaining agreement
entered into by a school district board of education under Chapter
4117. of the Revised Code on or after the effective date of this
section shall allow for the waiver of any provision of the
agreement specified in the innovation plan approved or created
under section 3302.061 of the Revised Code as needing to be waived
to implement the plan, in the event the district is designated as
a school district of innovation.
(B)(1) In the case of an innovation school, waiver of the
provisions specified in the innovation plan shall be contingent
upon at least sixty per cent of the members of the bargaining unit
covered by the collective bargaining agreement who work in the
school voting, by secret ballot, to approve the waiver.
(2) In the case of an innovation school zone, waiver of the
provisions specified in the innovation plan shall be contingent
upon, in each participating school, at least sixty per cent of the
members of the bargaining unit covered by the collective
bargaining agreement who work in that school voting, by secret
ballot, to approve the waiver. If at least sixty per cent of the
members of the bargaining unit in a participating school do not
vote to approve the waiver, the board may revise the innovation
plan to remove that school from the innovation school zone.
(3) If a board's revisions to an innovation plan under
section 3302.066 of the Revised Code require a waiver of
additional provisions of the collective bargaining agreement, that
waiver shall be contingent upon approval under division (B)(1) or
(2) of this section in the same manner as the initial waiver.
(C) A waiver approved under division (B) of this section
shall continue to apply relative to any substantially similar
provision of a collective bargaining agreement entered into after
the approval of the waiver.
(D) A waiver approved under division (B) of this section
shall cease to apply to a school if the school's designation as an
innovation school is revoked or the innovation school zone in
which the school participates has its designation revoked under
section 3302.065 of the Revised Code, or if the school is removed
from an innovation school zone under that section.
(E) An employee working in an innovation school or a school
participating in an innovation school zone who is a member of a
bargaining unit that approves a waiver under division (B) of this
section may request the board to transfer the employee to another
school operated by the district. The board shall make every
reasonable effort to accommodate the employee's request.
Sec. 3302.065. Not later than three years after obtaining
designation as a school district of innovation under section
3302.062 of the Revised Code, and every three years thereafter,
the district board of education shall review the performance of
the innovation school or innovation school zone and determine if
it is achieving, or making sufficient progress toward achieving,
the improvements in student academic performance that were
described in its innovation plan. If the board finds that an
innovation school is not achieving, or not making sufficient
progress toward achieving, those improvements in student academic
performance, the board may revoke the designation as an innovation
school. If the board finds that a school participating in an
innovation school zone is not achieving, or not making sufficient
progress toward achieving, those improvements in student academic
performance, the board may remove that school from the innovation
school zone or may revoke the designation of all participating
schools as an innovation school zone.
Sec. 3302.066. A school district board of education may
revise an innovation plan approved or created under section
3302.061 of the Revised Code, in collaboration with the school or
schools participating in the plan, to further improve student
academic performance. The revisions may include identifying
additional laws in Title XXXIII of the Revised Code, rules adopted
by the state board of education, requirements enacted by the
district board, or provisions of a collective bargaining agreement
that need to be waived. Any revisions to an innovation plan shall
require the consent, in each school participating in the plan, of
a majority of the administrators assigned to that school and a
majority of the teachers assigned to that school.
Sec. 3302.067. The board of education of any district
designated as a school district of innovation or any school
participating in an innovation plan may accept, receive, and
expend gifts, grants, or donations from any public or private
entity to support the implementation of the plan.
Sec. 3302.068. Not later than the first day of July each
year, the department of education shall issue, and post on its web
site, a report on school districts of innovation. The report shall
include the following information:
(A) The number of districts designated as school districts of
innovation in the preceding school year and the total number of
school districts of innovation statewide;
(B) The number of innovation schools in each school district
of innovation and the number of district students served by the
schools, expressed as a total number and as a percentage of the
district's total student population;
(C) The number of innovation school zones in each school
district of innovation, the number of schools participating in
each zone, and the number of district students served by the
participating schools, expressed as a total number and as a
percentage of the district's total student population;
(D) An overview of the innovations implemented in innovation
schools and innovation school zones;
(E) Data on the academic performance of the students enrolled
in an innovation school or an innovation school zone in each
school district of innovation, including a comparison of the
students' academic performance before and after the district's
designation as a school district of innovation;
(F) Recommendations for legislative changes based on the
innovations implemented or to enhance the ability of schools and
districts to implement innovations.
Sec. 3302.07. (A) The board of education of any school
district, the governing board of any educational service center,
or the administrative authority of any chartered nonpublic school
may submit to the state board of education an application
proposing an innovative education pilot program the implementation
of which requires exemptions from specific statutory provisions or
rules. If a district or service center board employs teachers
under a collective bargaining agreement adopted pursuant to
Chapter 4117. of the Revised Code, any application submitted under
this division shall include the written consent of the teachers'
employee representative designated under division (B) of section
4117.04 of the Revised Code. The exemptions requested in the
application shall be limited to any requirement of Title XXXIII of
the Revised Code or of any rule of the state board adopted
pursuant to that title except that the application may not propose
an exemption from any requirement of or rule adopted pursuant to
Chapter 3307. or 3309., sections 3319.07 to 3319.21, or Chapter
3323. of the Revised Code. Furthermore, an exemption from any
standard or requirement of Chapter 3306. or from any operating
standard adopted under division (B)(2) or (D)(3) of section
3301.07 of the Revised Code shall be granted only pursuant to a
waiver granted by the superintendent of public instruction under
division (O) of that section 3306.40 of the Revised Code.
(B) The state board of education shall accept any application
submitted in accordance with division (A) of this section. The
superintendent of public instruction shall approve or disapprove
the application in accordance with standards for approval, which
shall be adopted by the state board.
(C) The superintendent of public instruction shall exempt
each district or service center board or chartered nonpublic
school administrative authority with an application approved under
division (B) of this section for a specified period from the
statutory provisions or rules specified in the approved
application. The period of exemption shall not exceed the period
during which the pilot program proposed in the application is
being implemented and a reasonable period to allow for evaluation
of the effectiveness of the program.
Sec. 3302.12. (A) Not later than the first day of September
each year, the superintendent of public instruction shall rank all
school buildings operated by a school district statewide from
highest to lowest according to the buildings' performance index
scores. For school buildings to which the performance index score
does not apply, the superintendent shall develop another measure
of student academic performance and use that measure to include
those buildings in the ranking so that all district-operated
buildings may be reliably compared to each other.
(B) For any school building that is ranked in the lowest five
per cent of all district-operated buildings statewide for three
consecutive years and is declared to be under an academic watch or
in a state of academic emergency under section 3302.03 of the
Revised Code, the district board of education shall do one of the
following at the conclusion of the school year in which the
building first becomes subject to this division:
(1) Close the school and direct the district superintendent
to reassign the students enrolled in the school to other school
buildings that demonstrate higher academic achievement;
(2) Contract with another school district or a nonprofit or
for-profit entity with a demonstrated record of effectiveness to
operate the school;
(3) Replace the principal and all teaching staff of the
school and, upon request from the new principal, exempt the school
from all requested policies and regulations of the board regarding
curriculum and instruction. The board also shall distribute
funding to the school in an amount that is at least equal to the
product of the per pupil amount of all revenues received by the
district multiplied by the student population of the school.
(4) Reopen the school as a conversion community school under
Chapter 3314. of the Revised Code.
(C) If an action taken by the board under division (B) of
this section causes the district to no longer maintain all grades
kindergarten through twelve, as required by section 3311.29 of the
Revised Code, the board shall enter into a contract with another
school district pursuant to section 3327.04 of the Revised Code
for enrollment of students in the schools of that other district
to the extent necessary to comply with the requirement of section
3311.29 of the Revised Code. Notwithstanding any provision of the
Revised Code to the contrary, if the board enters into and
maintains a contract under section 3327.04 of the Revised Code,
the district shall not be considered to have failed to comply with
the requirement of section 3311.29 of the Revised Code. If,
however, the district board fails to or is unable to enter into or
maintain such a contract, the state board of education shall take
all necessary actions to dissolve the district as provided in
division (A) of section 3311.29 of the Revised Code.
Sec. 3302.20. (A) The department of education shall develop
standards for determining, from the existing data reported in
accordance with sections 3301.0714 and 3314.17 of the Revised
Code, the amount of annual operating expenditures for classroom
instructional purposes and for nonclassroom purposes for each
city, exempted village, local, and joint vocational school
district, each community school established under Chapter 3314.
that is not an internet- or computer-based community school, each
internet- or computer-based community school, and each STEM school
established under Chapter 3326. of the Revised Code. Not later
than January 1, 2012, the department shall present those standards
to the state board of education for consideration. In developing
the standards, the department shall adapt existing standards used
by professional organizations, research organizations, and other
state governments.
The state board shall consider the proposed standards and
adopt a final set of standards not later than July 1, 2012.
(B)(1) The department shall categorize all city, exempted
village, and local school districts into not less than three nor
more than five groups based primarily on average daily student
enrollment as reported on the most recent report card issued for
each district under section 3302.03 of the Revised Code.
(2) The department shall categorize all joint vocational
school districts into not less than three nor more than five
groups based primarily on average daily membership as reported
under division (D) of section 3317.03 of the Revised Code rounded
to the nearest whole number.
(3) The department shall categorize all community schools
that are not internet- or computer-based community schools into
not less than three nor more than five groups based primarily on
average daily student enrollment as reported on the most recent
report card issued for each community school under sections
3302.03 and 3314.012 of the Revised Code.
(4) The department shall categorize all internet- or
computer-based community schools into a single category.
(5) The department shall categorize all STEM schools into a
single category.
(C) Using the standards adopted under division (A) of this
section and the data reported under sections 3301.0714 and 3314.17
of the Revised Code, the department shall compute, for fiscal
years 2008 through 2012, and annually for each fiscal year
thereafter, the following:
(1) The percentage of each district's, community school's, or
STEM school's total operating budget spent for classroom
instructional purposes;
(2) The statewide average percentage for all districts,
community schools, and STEM schools combined spent for classroom
instructional purposes;
(3) The average percentage for each of the categories of
districts and schools established under division (B) of this
section spent for classroom instructional purposes;
(4) The ranking of each district, community school, or STEM
school within its respective category established under division
(B) of this section according to the following:
(a) From highest to lowest percentage spent for classroom
instructional purposes;
(b) From lowest to highest percentage spent for
noninstructional purposes.
(D) In its display of rankings within each category under
division (C)(4) of this section, the department shall make the
following notations:
(1) Within each category of city, exempted village, and local
school districts, the department shall denote each district that
is:
(a) Among the twenty per cent of all city, exempted village,
and local school districts statewide with the lowest total
operating expenditures per pupil;
(b) Among the twenty per cent of all city, exempted village,
and local school districts statewide with the highest performance
index scores.
(2) Within each category of joint vocational school
districts, the department shall denote each district that is:
(a) Among the twenty per cent of all joint vocational school
districts statewide with the lowest total operating expenditures
per pupil;
(b) Among the twenty per cent of all joint vocational school
districts statewide with the highest performance measures required
for career-technical education under 20 U.S.C. 2323, as ranked
under division (A)(3) of section 3302.21 of the Revised Code.
(3) Within each category of community schools that are not
internet- or computer-based community schools, the department
shall denote each school that is:
(a) Among the twenty per cent of all such community schools
statewide with the lowest total operating expenditures per pupil;
(b) Among the twenty per cent of all such community schools
statewide with the highest performance index scores.
(4) Within the category of internet- or computer-based
community schools, the department shall denote each school that
is:
(a) Among the twenty per cent of all such community schools
statewide with the lowest total operating expenditures per pupil;
(b) Among the twenty per cent of all such community schools
statewide with the highest performance index scores.
(5) Within the category of STEM schools, the department shall
denote each school that is:
(a) Among the twenty per cent of all STEM schools statewide
with the lowest total operating expenditures per pupil;
(b) Among the twenty per cent of all STEM schools statewide
with the highest performance index scores.
(E) The department shall post in a prominent location on its
web site the information prescribed by divisions (C) and (D) of
this section. The department also shall include on each
district's, community school's, and STEM school's annual report
card issued under section 3302.03 of the Revised Code the
respective information computed for the district or school under
divisions (C)(1) and (4) of this section, the statewide
information computed under division (C)(2) of this section, and
the information computed for the district's or school's category
under division (C)(3) of this section.
(F) As used in this section, "internet- or computer-based
community school" has the same meaning as in section 3314.02 of
the Revised Code.
Sec. 3302.21. (A) The department of education shall develop
a system to rank order all city, exempted village, local, and
joint vocational school districts, community schools established
under Chapter 3314., and STEM schools established under Chapter
3326. of the Revised Code according to the following measures:
(1) Performance index score;
(2) Student performance growth from year to year, using the
value-added progress dimension, if applicable, and other measures
of student performance growth designated by the superintendent of
public instruction for subjects and grades not covered by the
value-added progress dimension;
(3) Performance measures required for career-technical
education under 20 U.S.C. 2323, if applicable. If a school
district is a "VEPD" or "lead district" as those terms are defined
in section 3317.023 of the Revised Code, the district's ranking
shall be based on the performance of career-technical students
from that district and all other districts served by that
district, and such fact, including the identity of the other
districts served by that district, shall be noted on the report
required by division (B) of this section.
(4) Current operating expenditures per pupil;
(5) Of total current operating expenditures, percentage spent
for classroom instruction as determined under standards adopted by
the state board of education.
The department shall rank each district, community school,
and STEM school annually in accordance with the system developed
under this section.
(B) In addition to the reports required by sections 3302.03
and 3302.031 of the Revised Code, the department shall issue an
annual report for each city, exempted village, local, and joint
vocational school district, each community school, and each STEM
school indicating the district's or school's rank on each measure
described in divisions (A)(1) to (5) of this section.
Sec. 3302.22. (A) The governor's effective and efficient
schools recognition program is hereby created. Each year, the
governor shall recognize, in a manner deemed appropriate by the
governor, the top ten per cent of all public and chartered
nonpublic schools in this state. Public schools shall include
schools operated by city, exempted village, local, or joint
vocational school districts, community schools established under
Chapter 3314. of the Revised Code, and STEM schools established
under Chapter 3326. of the Revised Code.
(B) The top ten per cent of schools shall be determined by
the department of education according to standards established by
the department. The standards shall include, but need not be
limited to, both of the following:
(1) Student performance, as determined by factors including,
but not limited to, performance indicators under section 3302.02
of the Revised Code, report cards issued under section 3302.03 of
the Revised Code, and any other statewide or national assessment
or student performance recognition program the department selects;
(2) Fiscal performance, including cost-effective measures
taken by the school.
Sec. 3302.23. The teacher incentive payment program is
hereby established. Under the program, the department of education
shall pay to eligible classroom teachers an annual stipend of
fifty dollars for each of the teachers' students in classes that
have achieved more than a standard year of academic growth, as
defined in the rules adopted under section 3302.021 of the Ohio
Revised Code, in one or more eligible subject areas taught by the
teachers, as measured by the value-added progress dimension. The
program applies only to teachers who teach in city, exempted
village, local, and joint vocational school districts, community
schools established under Chapter 3314. of the Revised Code, or
STEM schools established under Chapter 3326. of the Revised Code
in subject areas and grade levels for which value-added data is
available under the value-added progress dimension, as determined
by the department.
If a student attains more than a standard year of academic
growth in more than one eligible subject area, the fifty-dollar
stipend attributable to that student shall be divided among the
teachers who taught those subjects. If more than one teacher is
responsible to teach a particular student in one eligible subject
area, such as in a team-teaching arrangement, and that student
attains more than a standard year of academic growth in that
subject area, the portion of the stipend attributable to that
student for that subject area shall be divided among the teachers
who taught that student in that subject area.
The first stipends paid under this section shall be based on
student performance for the 2011-2012 school year as computed for
the school district and school report cards issued by the
department in 2012.
The department shall pay the stipend to each eligible teacher
as soon as possible after determining the teacher's eligibility.
The state board of education, in consultation with the
governor's office, shall adopt rules for the implementation of
this section.
Sec. 3302.24. The teacher incentive payment program fund is
hereby established in the state treasury. The fund shall consist
of moneys appropriated by the general assembly specifically for
the payment of stipends under the teacher incentive payment
program established under section 3302.23 of the Revised Code. The
department of education shall use moneys in the fund for that
purpose.
Sec. 3302.25. (A) In accordance with standards prescribed by
the state board of education for categorization of school district
expenditures adopted under division (A) of section 3302.20 of the
Revised Code, the department of education annually shall determine
all of the following for the previous fiscal year:
(1) For each school district, the ratio of the district's
operating expenditures for instructional purposes compared to its
operating expenditures for administrative purposes;
(2) For each school district, the per pupil amount of the
district's expenditures for instructional purposes;
(3) For each school district, the per pupil amount of the
district's operating expenditures for administrative purposes;
(4) For each school district, the percentage of the
district's operating expenditures attributable to school district
funds;
(5) The statewide average among all school districts for each
of the items described in divisions (A)(1) to (4) of this section.
(B) The department annually shall submit a report to each
school district indicating the district's information for each of
the items described in divisions (A)(1) to (4) of this section and
the statewide averages described in division (A)(5) of this
section.
(C) Each school district, upon receipt of the report
prescribed by division (B) of this section, shall publish the
information contained in that report in a prominent location on
the district's web site and publish the report in another fashion
so that it is available to all parents of students enrolled in the
district and to taxpayers of the district.
Sec. 3302.30. (A) The superintendent of public instruction
shall establish a pilot project in Columbiana county under which
one or more school districts in that county shall offer a
multiple-track high school curriculum for students with differing
career plans. The superintendent shall solicit and select
districts to participate in the pilot project. Selected districts
shall begin offering their career track curricula not later than
the school year that begins at least six months after the
effective date of this section. No district shall be required to
participate in the pilot project.
The curricula provided under the pilot project at each
participating district shall offer at least three distinct career
tracks, including at least a college preparatory track and a
career-technical track. Each track shall comply with the
curriculum requirements of section 3313.603 of the Revised Code.
The different tracks may be offered at different campuses. Two or
more participating districts may offer some or all of their
respective curriculum tracks through a cooperative agreement
entered into under section 3313.842 of the Revised Code.
The department of education shall provide technical
assistance to participating districts in developing the curriculum
tracks to offer to students under the pilot project.
Part or all of selected curriculum materials or services may
be purchased from other public or private sources.
The state superintendent shall apply for private and other
nonstate funds, and may use other available state funds, to
support the pilot project.
(B) Each participating school district shall report to the
state superintendent data about the operation and results of the
pilot project, as required by the superintendent.
(C) Not later than the thirty-first day of December of the
third school year in which the pilot project is operating, the
state superintendent shall submit a report to the general
assembly, in accordance with section 101.68 of the Revised Code,
containing the superintendent's evaluation of the results of the
pilot project and legislative recommendations whether to continue,
expand, or make changes to the pilot project.
Sec. 3304.181. If the total of all funds available from
nonfederal sources to support the activities of the rehabilitation
services commission does not comply with the expenditure
requirements of 34 C.F.R. 361.60 and 361.62 for those activities
or would cause the state to lose an allotment or fail to receive a
reallotment under 34 C.F.R. 361.65, the commission shall solicit
additional funds from, and enter into agreements for the use of
those funds with, private or public entities, including local
government entities of this state. The commission shall continue
to solicit additional funds and enter into agreements until the
total funding available is sufficient for the commission to
receive federal funds at the maximum amount and in the most
advantageous proportion possible.
Any agreement entered into between the commission and a
private or public entity to provide funds under this section shall
be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the
Revised Code.
Sec. 3304.182. Any agreement between the rehabilitation
services commission and a private or public entity providing funds
under section 3304.181 of the Revised Code may permit the
commission to receive a specified percentage of the funds for
administration, but the percentage shall be not more than thirteen
twenty-five per cent of the total funds available under the
agreement. The agreement shall not be for less than six months or
be discontinued by the commission without the commission first
providing three months notice of intent to discontinue the
agreement. The commission may terminate an agreement only for good
cause.
Any services provided under an agreement entered into under
section 3304.181 of the Revised Code shall be provided by a person
or government entity that meets the accreditation standards
established in rules adopted by the commission under section
3304.16 of the Revised Code.
Sec. 3307.20. (A) As used in this section:
(1) "Personal history record" means information maintained by
the state teachers retirement board on an individual who is a
member, former member, contributor, former contributor, retirant,
or beneficiary that includes the address, telephone number, social
security number, record of contributions, correspondence with the
state teachers retirement system, or other information the board
determines to be confidential.
(2) "Retirant" has the same meaning as in section 3307.50 of
the Revised Code.
(B) The records of the board shall be open to public
inspection, except for the following, which shall be excluded,
except with the written authorization of the individual concerned:
(1) The individual's personal records provided for in section
3307.23 of the Revised Code;
(2) The individual's personal history record;
(3) Any information identifying, by name and address, the
amount of a monthly allowance or benefit paid to the individual.
(C) All medical reports and recommendations under sections
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged,
except that copies of such medical reports or recommendations
shall be made available to the personal physician, attorney, or
authorized agent of the individual concerned upon written release
received from the individual or the individual's agent, or, when
necessary for the proper administration of the fund, to the board
assigned physician.
(D) Any person who is a member or contributor of the system
shall be furnished, on written request, with a statement of the
amount to the credit of the person's account. The board need not
answer more than one request of a person in any one year.
(E) Notwithstanding the exceptions to public inspection in
division (B) of this section, the board may furnish the following
information:
(1) If a member, former member, retirant, contributor, or
former contributor is subject to an order issued under section
2907.15 of the Revised Code or an order issued under division (A)
or (B) of section 2929.192 of the Revised Code or is convicted of
or pleads guilty to a violation of section 2921.41 of the Revised
Code, on written request of a prosecutor as defined in section
2935.01 of the Revised Code, the board shall furnish to the
prosecutor the information requested from the individual's
personal history record.
(2) Pursuant to a court or administrative order issued under
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the
Revised Code, the board shall furnish to a court or child support
enforcement agency the information required under that section.
(3) At the written request of any person, the board shall
provide to the person a list of the names and addresses of
members, former members, retirants, contributors, former
contributors, or beneficiaries. The costs of compiling, copying,
and mailing the list shall be paid by such person.
(4) Within fourteen days after receiving from the director of
job and family services a list of the names and social security
numbers of recipients of public assistance pursuant to section
5101.181 of the Revised Code, the board shall inform the auditor
of state of the name, current or most recent employer address, and
social security number of each member whose name and social
security number are the same as that of a person whose name or
social security number was submitted by the director. The board
and its employees shall, except for purposes of furnishing the
auditor of state with information required by this section,
preserve the confidentiality of recipients of public assistance in
compliance with division (A) of section 5101.181 of the Revised
Code.
(5) The system shall comply with orders issued under section
3105.87 of the Revised Code.
On the written request of an alternate payee, as defined in
section 3105.80 of the Revised Code, the system shall furnish to
the alternate payee information on the amount and status of any
amounts payable to the alternate payee under an order issued under
section 3105.171 or 3105.65 of the Revised Code.
(6) At the request of any person, the board shall make
available to the person copies of all documents, including
resumes, in the board's possession regarding filling a vacancy of
a contributing member or retired teacher member of the board. The
person who made the request shall pay the cost of compiling,
copying, and mailing the documents. The information described in
this division is a public record.
(F) A statement that contains information obtained from the
system's records that is signed by an officer of the retirement
system and to which the system's official seal is affixed, or
copies of the system's records to which the signature and seal are
attached, shall be received as true copies of the system's records
in any court or before any officer of this state.
Sec. 3307.31. (A) Payments by boards of education and
governing authorities of community schools to the state teachers
retirement system, as provided in sections 3307.29 and 3307.291 of
the Revised Code, shall be made from the amount allocated under
section 3314.08, Chapter 3306., or Chapter 3317. of the Revised
Code prior to its distribution to the individual school districts
or community schools. The amount due from each school district or
community school shall be certified by the secretary of the system
to the superintendent of public instruction monthly, or at such
times as may be determined by the state teachers retirement board.
The superintendent shall deduct, from the amount allocated to
each district or community school under section 3314.08, Chapter
3306., or Chapter 3317. of the Revised Code, the entire amounts
due to the system from such district or school upon the
certification to the superintendent by the secretary thereof.
The superintendent shall certify to the director of budget
and management the amounts thus due the system for payment.
(B) Payments to the state teachers retirement system by a
science, technology, engineering, and mathematics school shall be
deducted from the amount allocated under section 3326.33 of the
Revised Code and shall be made in the same manner as payments by
boards of education under this section.
Sec. 3307.64. A disability benefit recipient,
notwithstanding section 3319.13 of the Revised Code, shall retain
membership in the state teachers retirement system and shall be
considered on leave of absence during the first five years
following the effective date of a disability benefit.
The state teachers retirement board shall require any
disability benefit recipient to submit to an annual medical
examination by a physician selected by the board, except that the
board may waive the medical examination if the board's physician
certifies that the recipient's disability is ongoing. If a
disability benefit recipient refuses to submit to a medical
examination, the recipient's disability benefit shall be suspended
until the recipient withdraws the refusal. If the refusal
continues for one year, all the recipient's rights under and to
the disability benefit shall be terminated as of the effective
date of the original suspension.
After the examination, the examiner shall report and certify
to the board whether the disability benefit recipient is no longer
physically and mentally incapable of resuming the service from
which the recipient was found disabled. If the board concurs in a
report by the examining physician that the disability benefit
recipient is no longer incapable, the payment of a disability
benefit shall be terminated not later than the following
thirty-first day of August or upon employment as a teacher prior
thereto. If the leave of absence has not expired, the board shall
so certify to the disability benefit recipient's last employer
before being found disabled that the recipient is no longer
physically and mentally incapable of resuming service that is the
same or similar to that from which the recipient was found
disabled. If the recipient was under contract at the time the
recipient was found disabled, the employer by the first day of the
next succeeding year shall restore the recipient to the
recipient's previous position and salary or to a position and
salary similar thereto, unless the recipient was dismissed or
resigned in lieu of dismissal for dishonesty, misfeasance,
malfeasance, or conviction of a felony.
A disability benefit shall terminate if the disability
benefit recipient becomes employed as a teacher in any public or
private school or institution in this state or elsewhere. An
individual receiving a disability benefit from the system shall be
ineligible for any employment as a teacher and it shall be
unlawful for any employer to employ the individual as a teacher.
If any employer should employ or reemploy the individual prior to
the termination of a disability benefit, the employer shall file
notice of employment with the board designating the date of the
employment. If the individual should be paid both a disability
benefit and also compensation for teaching service for all or any
part of the same month, the secretary of the board shall certify
to the employer or to the superintendent of public instruction the
amount of the disability benefit received by the individual during
the employment, which amount shall be deducted from any amount due
the employing district under Chapters 3306. and Chapter 3317. of
the Revised Code or shall be paid by the employer to the annuity
and pension reserve fund.
Each disability benefit recipient shall file with the board
an annual statement of earnings, current medical information on
the recipient's condition, and any other information required in
rules adopted by the board. The board may waive the requirement
that a disability benefit recipient file an annual statement of
earnings or current medical information if the board's physician
certifies that the recipient's disability is ongoing.
The board shall annually examine the information submitted by
the recipient. If a disability benefit recipient refuses to file
the statement or information, the disability benefit shall be
suspended until the statement and information are filed. If the
refusal continues for one year, the recipient's right to the
disability benefit shall be terminated as of the effective date of
the original suspension.
A disability benefit also may be terminated by the board at
the request of the disability benefit recipient.
If disability retirement under section 3307.63 of the Revised
Code is terminated for any reason, the annuity and pension
reserves at that time in the annuity and pension reserve fund
shall be transferred to the teachers' savings fund and the
employers' trust fund, respectively. If the total disability
benefit paid was less than the amount of the accumulated
contributions of the member transferred to the annuity and pension
reserve fund at the time of the member's disability retirement,
then the difference shall be transferred from the annuity and
pension reserve fund to another fund as required. In determining
the amount of a member's account following the termination of
disability retirement for any reason, the total amount paid shall
be charged against the member's refundable account.
If a disability allowance paid under section 3307.631 of the
Revised Code is terminated for any reason, the reserve on the
allowance at that time in the annuity and pension reserve fund
shall be transferred from that fund to the employers' trust fund.
If a former disability benefit recipient again becomes a
contributor, other than as an other system retirant under section
3307.35 of the Revised Code, to this retirement system, the school
employees retirement system, or the public employees retirement
system, and completes at least two additional years of service
credit, the former disability benefit recipient shall receive
credit for the period as a disability benefit recipient.
Sec. 3309.22. (A)(1) As used in this division, "personal
history record" means information maintained by the board on an
individual who is a member, former member, contributor, former
contributor, retirant, or beneficiary that includes the address,
telephone number, social security number, record of contributions,
correspondence with the system, and other information the board
determines to be confidential.
(2) The records of the board shall be open to public
inspection, except for the following, which shall be excluded,
except with the written authorization of the individual concerned:
(a) The individual's statement of previous service and other
information as provided for in section 3309.28 of the Revised
Code;
(b) Any information identifying by name and address the
amount of a monthly allowance or benefit paid to the individual;
(c) The individual's personal history record.
(B) All medical reports and recommendations required by the
system are privileged except that copies of such medical reports
or recommendations shall be made available to the personal
physician, attorney, or authorized agent of the individual
concerned upon written release received from the individual or the
individual's agent, or when necessary for the proper
administration of the fund, to the board assigned physician.
(C) Any person who is a contributor of the system shall be
furnished, on written request, with a statement of the amount to
the credit of the person's account. The board need not answer more
than one such request of a person in any one year.
(D) Notwithstanding the exceptions to public inspection in
division (A)(2) of this section, the board may furnish the
following information:
(1) If a member, former member, contributor, former
contributor, or retirant is subject to an order issued under
section 2907.15 of the Revised Code or an order issued under
division (A) or (B) of section 2929.192 of the Revised Code or is
convicted of or pleads guilty to a violation of section 2921.41 of
the Revised Code, on written request of a prosecutor as defined in
section 2935.01 of the Revised Code, the board shall furnish to
the prosecutor the information requested from the individual's
personal history record.
(2) Pursuant to a court or administrative order issued under
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the
Revised Code, the board shall furnish to a court or child support
enforcement agency the information required under that section.
(3) At the written request of any person, the board shall
provide to the person a list of the names and addresses of
members, former members, retirants, contributors, former
contributors, or beneficiaries. The costs of compiling, copying,
and mailing the list shall be paid by such person.
(4) Within fourteen days after receiving from the director of
job and family services a list of the names and social security
numbers of recipients of public assistance pursuant to section
5101.181 of the Revised Code, the board shall inform the auditor
of state of the name, current or most recent employer address, and
social security number of each contributor whose name and social
security number are the same as that of a person whose name or
social security number was submitted by the director. The board
and its employees shall, except for purposes of furnishing the
auditor of state with information required by this section,
preserve the confidentiality of recipients of public assistance in
compliance with division (A) of section 5101.181 of the Revised
Code.
(5) The system shall comply with orders issued under section
3105.87 of the Revised Code.
On the written request of an alternate payee, as defined in
section 3105.80 of the Revised Code, the system shall furnish to
the alternate payee information on the amount and status of any
amounts payable to the alternate payee under an order issued under
section 3105.171 or 3105.65 of the Revised Code.
(6) At the request of any person, the board shall make
available to the person copies of all documents, including
resumes, in the board's possession regarding filling a vacancy of
an employee member or retirant member of the board. The person who
made the request shall pay the cost of compiling, copying, and
mailing the documents. The information described in this division
is a public record.
(E) A statement that contains information obtained from the
system's records that is signed by an officer of the retirement
system and to which the system's official seal is affixed, or
copies of the system's records to which the signature and seal are
attached, shall be received as true copies of the system's records
in any court or before any officer of this state.
Sec. 3309.41. (A) A disability benefit recipient shall
retain membership status and shall be considered on leave of
absence from employment during the first five years following the
effective date of a disability benefit, notwithstanding any
contrary provisions in Chapter 124. or 3319. of the Revised Code.
(B) The school employees retirement board shall require a
disability benefit recipient to undergo an annual medical
examination, except that the board may waive the medical
examination if the board's physician or physicians certify that
the recipient's disability is ongoing. Should any disability
benefit recipient refuse to submit to a medical examination, the
recipient's disability benefit shall be suspended until withdrawal
of the refusal. Should the refusal continue for one year, all the
recipient's rights in and to the disability benefit shall be
terminated as of the effective date of the original suspension.
(C) On completion of the examination by an examining
physician or physicians selected by the board, the physician or
physicians shall report and certify to the board whether the
disability benefit recipient is no longer physically and mentally
incapable of resuming the service from which the recipient was
found disabled. If the board concurs in the report that the
disability benefit recipient is no longer incapable, the payment
of the disability benefit shall be terminated not later than three
months after the date of the board's concurrence or upon
employment as an employee. If the leave of absence has not
expired, the retirement board shall certify to the disability
benefit recipient's last employer before being found disabled that
the recipient is no longer physically and mentally incapable of
resuming service that is the same or similar to that from which
the recipient was found disabled. The employer shall restore the
recipient to the recipient's previous position and salary or to a
position and salary similar thereto not later than the first day
of the first month following termination of the disability
benefit, unless the recipient was dismissed or resigned in lieu of
dismissal for dishonesty, misfeasance, malfeasance, or conviction
of a felony.
(D) Each disability benefit recipient shall file with the
board an annual statement of earnings, current medical information
on the recipient's condition, and any other information required
in rules adopted by the board. The board may waive the requirement
that a disability benefit recipient file an annual statement of
earnings or current medical information on the recipient's
condition if the board's physician or physicians certify that the
recipient's disability is ongoing.
The board shall annually examine the information submitted by
the recipient. If a disability benefit recipient refuses to file
the statement or information, the disability benefit shall be
suspended until the statement and information are filed. If the
refusal continues for one year, the recipient's right to the
disability benefit shall be terminated as of the effective date of
the original suspension.
(E) If a disability benefit recipient is employed by an
employer covered by this chapter, the recipient's disability
benefit shall cease.
(F) If disability retirement under section 3309.40 of the
Revised Code is terminated for any reason, the annuity and pension
reserves at that time in the annuity and pension reserve fund
shall be transferred to the employees' savings fund and the
employers' trust fund, respectively. If the total disability
benefit paid is less than the amount of the accumulated
contributions of the member transferred into the annuity and
pension reserve fund at the time of the member's disability
retirement, the difference shall be transferred from the annuity
and pension reserve fund to another fund as may be required. In
determining the amount of a member's account following the
termination of disability retirement for any reason, the amount
paid shall be charged against the member's refundable account.
If a disability allowance paid under section 3309.401 of the
Revised Code is terminated for any reason, the reserve on the
allowance at that time in the annuity and pension reserve fund
shall be transferred from that fund to the employers' trust fund.
The board may terminate a disability benefit at the request
of the recipient.
(G) If a disability benefit is terminated and a former
disability benefit recipient again becomes a contributor, other
than as an other system retirant as defined in section 3309.341 of
the Revised Code, to this system, the public employees retirement
system, or the state teachers retirement system, and completes an
additional two years of service credit after the termination of
the disability benefit, the former disability benefit recipient
shall be entitled to full service credit for the period as a
disability benefit recipient.
(H) If any employer employs any member who is receiving a
disability benefit, the employer shall file notice of employment
with the retirement board, designating the date of employment. In
case the notice is not filed, the total amount of the benefit paid
during the period of employment prior to notice shall be paid from
amounts allocated under Chapters 3306. and Chapter 3317. of the
Revised Code prior to its distribution to the school district in
which the disability benefit recipient was so employed.
Sec. 3309.48. Any employee who left the service of an
employer after attaining age sixty-five or over and such employer
had failed or refused to deduct and transmit to the school
employees retirement system the employee contributions as required
by section 3309.47 of the Revised Code during any year for which
membership was compulsory as determined by the school employees
retirement board, shall be granted service credit without cost,
which shall be considered as total service credit for the purposes
of meeting the qualifications for service retirement provided by
the law in effect on and retroactive to the first eligible
retirement date following the date such employment terminated, but
shall not be paid until formal application for such allowance on a
form provided by the retirement board is received in the office of
the retirement system. The total service credit granted under this
section shall not exceed ten years for any such employee.
The liability incurred by the retirement board because of the
service credit granted under this section shall be determined by
the retirement board, the cost of which shall be equal to an
amount that is determined by applying the combined employee and
employer rates of contribution against the compensation of such
employee at the rates of contribution and maximum salary
provisions in effect during such employment for each year for
which credit is granted, together with interest at the rate to be
credited accumulated contributions at retirement, compounded
annually from the first day of the month payment was due the
retirement system to and including the month of deposit, the total
amount of which shall be collected from the employer. Such amounts
shall be certified by the retirement board to the superintendent
of public instruction, who shall deduct the amount due the system
from any funds due the affected school district under
Chapters
3306. and Chapter 3317. of the Revised Code. The superintendent
shall certify to the director of budget and management the amount
due the system for payment. The total amount paid shall be
deposited into the employers' trust fund, and shall not be
considered as accumulated contributions of the employee in the
event of the employee's death or withdrawal of funds.
Sec. 3309.51. (A) Each employer shall pay annually into the
employers' trust fund, in such monthly or less frequent
installments as the school employees retirement board requires, an
amount certified by the school employees retirement board, which
shall be as required by Chapter 3309. of the Revised Code.
Payments by school district boards of education to the
employers' trust fund of the school employees retirement system
may be made from the amounts allocated under Chapters 3306. and
Chapter 3317. of the Revised Code prior to their distribution to
the individual school districts. The amount due from each school
district may be certified by the secretary of the system to the
superintendent of public instruction monthly, or at such times as
is determined by the school employees retirement board.
Payments by governing authorities of community schools to the
employers' trust fund of the school employees retirement system
shall be made from the amounts allocated under section 3314.08 of
the Revised Code prior to their distribution to the individual
community schools. The amount due from each community school shall
be certified by the secretary of the system to the superintendent
of public instruction monthly, or at such times as determined by
the school employees retirement board.
Payments by a science, technology, engineering, and
mathematics school to the employers' trust fund of the school
employees retirement system shall be made from the amounts
allocated under section 3326.33 of the Revised Code prior to their
distribution to the school. The amount due from a science,
technology, engineering, and mathematics school shall be certified
by the secretary of the school employees retirement system to the
superintendent of public instruction monthly, or at such times as
determined by the school employees retirement board.
(B) The superintendent shall deduct from the amount allocated
to each community school under section 3314.08 of the Revised
Code, to each school district under Chapters 3306. and Chapter
3317. of the Revised Code, or to each science, technology,
engineering, and mathematics school under section 3326.33 of the
Revised Code the entire amounts due to the school employees
retirement system from such school or school district upon the
certification to the superintendent by the secretary thereof.
(C) Where an employer fails or has failed or refuses to make
payments to the employers' trust fund, as provided for under
Chapter 3309. of the Revised Code, the secretary of the school
employees retirement system may certify to the state
superintendent of public instruction, monthly or at such times as
is determined by the school employees retirement board, the amount
due from such employer, and the superintendent shall deduct from
the amount allocated to the employer under section 3314.08 or
3326.33 or Chapter 3306. or 3317. of the Revised Code, as
applicable, the entire amounts due to the system from the employer
upon the certification to the superintendent by the secretary of
the school employees retirement system.
(D) The superintendent shall certify to the director of
budget and management the amounts thus due the system for payment.
Sec. 3310.02. (A) The educational choice scholarship pilot
program is hereby established. Under the program, the department
of education annually shall pay scholarships to attend chartered
nonpublic schools in accordance with section 3310.08 of the
Revised Code for up to fourteen thousand the following number of
eligible students:
(1) Thirty thousand in the 2011-2012 school year;
(2) Sixty thousand in the 2012-2013 school year and
thereafter.
If
(B) If the number of students who apply for a scholarship
exceeds fourteen thousand the number of scholarships available
under division (A) of this section for the applicable school year,
the department shall award scholarships in the following order of
priority:
(A)(1) First, to eligible students who received scholarships
in the prior school year;
(B)(2) Second, to eligible students with family incomes at or
below two hundred per cent of the federal poverty guidelines, as
defined in section 5101.46 of the Revised Code, who qualify under
division (A) of section 3310.03 of the Revised Code. If the number
of students described in this division (B)(2) of this section who
apply for a scholarship exceeds the number of available
scholarships after awards are made under division (A)(B)(1) of
this section, the department shall select students described in
this division (B)(2) of this section by lot to receive any
remaining scholarships.
(C)(3) Third, to other eligible students who qualify under
division (A) of section 3310.03 of the Revised Code. If the number
of students described in this division (B)(3) of this section who
apply for a scholarship exceeds the number of available
scholarships after awards are made under divisions (A)(B)(1) and
(B)(2) of this section, the department shall select students
described in this division (B)(3) of this section by lot to
receive any remaining scholarships.
(4) Fourth, to eligible students with family incomes at or
below two hundred per cent of the federal poverty guidelines who
qualify under division (B) of section 3310.03 of the Revised Code.
If the number of students described in division (B)(4) of this
section who apply for a scholarship exceeds the number of
available scholarships after awards are made under divisions
(B)(1) to (3) of this section, the department shall select
students described in division (B)(4) of this section by lot to
receive any remaining scholarships.
(5) Fifth, to other eligible students who qualify under
division (B) of section 3310.03 of the Revised Code. If the number
of students described in division (B)(5) of this section who apply
for a scholarship exceeds the number of available scholarships
after awards are made under divisions (B)(1) to (4) of this
section, the department shall select students described in
division (B)(5) of this section by lot to receive any remaining
scholarships.
Sec. 3310.03. (A) A student is an "eligible student" for
purposes of the educational choice scholarship pilot program if
the student's resident district is not a school district in which
the pilot project scholarship program is operating under sections
3313.974 to 3313.979 of the Revised Code and the student satisfies
one of the following conditions in division (A) or (B) of this
section:
(A)(1) The student is enrolled in a school building that is
operated by the student's resident district and to which both of
the following apply:
(a) The building was declared, in at least two of the three
most recent ratings of school buildings published prior to the
first day of July of the school year for which a scholarship is
sought, to be in a state of academic emergency or academic watch
under section 3302.03 of the Revised Code;
(b) The building was not declared to be excellent or
effective under that section in the most recent rating published
prior to the first day of July of the school year for which a
scholarship is sought.
(2) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought and otherwise would
be assigned under section 3319.01 of the Revised Code to a school
building described in division (A)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (A)(1) of this section.
(4) The student is enrolled in a school building that is
operated by the student's resident district or in a community
school established under Chapter 3314. of the Revised Code and
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (A)(1) of this
section in the school year for which the scholarship is sought.
(5) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought, or is enrolled in a
community school established under Chapter 3314. of the Revised
Code, and all of the following apply to the student's resident
district:
(a) The district has in force an intradistrict open
enrollment policy under which no student in kindergarten or the
community school student's grade level, respectively, is
automatically assigned to a particular school building;
(b) In at least two of the three most recent ratings of
school districts published prior to the first day of July of the
school year for which a scholarship is sought, the district was
declared to be in a state of academic emergency under section
3302.03 of the Revised Code;
(c) The district was not declared to be excellent or
effective under that section in the most recent rating published
prior to the first day of July of the school year for which a
scholarship is sought.
(B)(1) The student is enrolled in a school building that is
operated by the student's resident district and to which both of
the following apply:
(a) The building was ranked, in at least two of the three
most recent ratings of school buildings published prior to the
first day of July of the school year for which a scholarship is
sought, in the lowest ten per cent of school buildings according
to performance index score reported under section 3302.03 of the
Revised Code.
(b) The building was not declared to be excellent or
effective under that section in the most recent rating published
prior to the first day of July of the school year for which a
scholarship is sought.
(2) The student is eligible to enroll in kindergarten in the
school year for which a scholarship is sought and otherwise would
be assigned under section 3319.01 of the Revised Code to a school
building described in division (B)(1) of this section.
(3) The student is enrolled in a community school established
under Chapter 3314. of the Revised Code but otherwise would be
assigned under section 3319.01 of the Revised Code to a building
described in division (B)(1) of this section.
(4) The student is enrolled in a school building that is
operated by the student's resident district or in a community
school established under Chapter 3314. of the Revised Code and
otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (B)(1) of this
section in the school year for which the scholarship is sought.
(C) A student who receives a scholarship under the
educational choice scholarship pilot program remains an eligible
student and may continue to receive scholarships in subsequent
school years until the student completes grade twelve, so long as
all of the following apply:
(1) The student's resident district remains the same, or the
student transfers to a new resident district and otherwise would
be assigned in the new resident district to a school building
described in division (A)(1) or (6)(B)(1) of this section;
(2) The student takes each assessment prescribed for the
student's grade level under section 3301.0710 or 3301.0712 of the
Revised Code while enrolled in a chartered nonpublic school;
(3) In each school year that the student is enrolled in a
chartered nonpublic school, the student is absent from school for
not more than twenty days that the school is open for instruction,
not including excused absences.
(C)(D)(1) The department shall cease awarding first-time
scholarships pursuant to divisions (A)(1) to (4) of this section
with respect to a school building that, in the most recent ratings
of school buildings published under section 3302.03 of the Revised
Code prior to the first day of July of the school year, ceases to
meet the criteria in division (A)(1) of this section. The
department shall cease awarding first-time scholarships pursuant
to division (A)(5) of this section with respect to a school
district that, in the most recent ratings of school districts
published under section 3302.03 of the Revised Code prior to the
first day of July of the school year, ceases to meet the criteria
in division (A)(5) of this section. However
(2) The department shall cease awarding first-time
scholarships pursuant to divisions (B)(1) to (4) of this section
with respect to a school building that, in the most recent ratings
of school buildings under section 3302.03 of the Revised Code
prior to the first day of July of the school year, ceases to meet
the criteria in division (B)(1) of this section.
(3) However, students who have received scholarships in the
prior school year remain eligible students pursuant to division
(B)(C) of this section.
(D)(E) The state board of education shall adopt rules
defining excused absences for purposes of division (B)(C)(3) of
this section.
Sec. 3310.05. A scholarship under the educational choice
scholarship pilot program is not available for any student whose
resident district is a school district in which the pilot project
scholarship program is operating under sections 3313.974 to
3313.979 of the Revised Code. The two pilot programs are separate
and distinct. The general assembly has prescribed separate
scholarship amounts for the two pilot programs in recognition of
their, with differing eligibility criteria. The pilot project
scholarship program operating under sections 3313.974 to 3313.979
of the Revised Code is a district-wide program that may award
scholarships to students who do not attend district schools that
face academic challenges, whereas the educational choice
scholarship pilot program established under sections 3310.01 to
3310.17 of the Revised Code is limited to students of individual
district school buildings that face academic challenges.
Sec. 3310.08. (A) The amount paid for an eligible student
under the educational choice scholarship pilot program shall be
the lesser of the tuition of the chartered nonpublic school in
which the student is enrolled or the maximum amount prescribed in
section 3310.09 of the Revised Code.
(B)(1) The department shall pay to the parent of each
eligible student for whom a scholarship is awarded under the
program, or to the student if at least eighteen years of age,
periodic partial payments of the scholarship.
(2) The department shall proportionately reduce or terminate
the payments for any student who withdraws from a chartered
nonpublic school prior to the end of the school year.
(C)(1) The department shall deduct
five thousand two hundred
dollars from the payments made to each school district under
Chapters 3306. and Chapter 3317., and, if necessary, sections
321.24 and 323.156 of the Revised Code, the amount paid under
division (B) of this section for each eligible student awarded a
scholarship under the educational choice scholarship pilot program
who is entitled under section 3313.64 or 3313.65 of the Revised
Code to attend school in the district.
The amount deducted under division (C)(1) of this section
funds scholarships for students under both the educational choice
scholarship pilot program and the pilot project scholarship
program under sections 3313.974 to 3313.979 of the Revised Code.
(2) If the department reduces or terminates payments to a
parent or a student, as prescribed in division (B)(2) of this
section, and the student enrolls in the schools of the student's
resident district or in a community school, established under
Chapter 3314. of the Revised Code, before the end of the school
year, the department shall proportionally restore to the resident
district the amount deducted for that student under division
(C)(1) of this section.
(D) In the case of any school district from which a deduction
is made under division (C) of this section, the department shall
disclose on the district's SF-3 form, or any successor to that
form used to calculate a district's state funding for operating
expenses, a comparison of the following:
(1) The district's state share of the adequacy amount
payment, as calculated under section 3306.13 of the Revised Code
with the scholarship students included in the district's formula
ADM;
(2) What the district's state share of the adequacy amount
payment would have been, as calculated under that section if the
scholarship students were not included in the district's formula
ADM.
This comparison shall display both the aggregate difference
between the amounts described in divisions (D)(1) and (2) of this
section, and the quotient of that aggregate difference divided by
the number of eligible students for whom deductions are made under
division (C) of this section.
Sec. 3310.41. (A) As used in this section:
(1) "Alternative public provider" means either of the
following providers that agrees to enroll a child in the
provider's special education program to implement the child's
individualized education program and to which the child's parent
owes fees for the services provided to the child:
(a) A school district that is not the school district in
which the child is entitled to attend school;
(b) A public entity other than a school district.
(2) "Entitled to attend school" means entitled to attend
school in a school district under section 3313.64 or 3313.65 of
the Revised Code.
(3) "Formula ADM" and "category six special education ADM"
have the same meanings as in section 3317.02 of the Revised Code.
(4) "Preschool child with a disability" and "individualized
education program" have the same meanings as in section 3323.01 of
the Revised Code.
(5) "Parent" has the same meaning as in section 3313.64 of
the Revised Code, except that "parent" does not mean a parent
whose custodial rights have been terminated.
(6) "Preschool scholarship ADM" means the number of preschool
children with disabilities reported under division (B)(3)(h) of
section 3317.03 of the Revised Code.
(7) "Qualified special education child" is a child for whom
all of the following conditions apply:
(a) The school district in which the child is entitled to
attend school has identified the child as autistic. A child who
has been identified as having a "pervasive developmental disorder
- not otherwise specified (PPD-NOS)" shall be considered to be an
autistic child for purposes of this section.
(b) The school district in which the child is entitled to
attend school has developed an individualized education program
under Chapter 3323. of the Revised Code for the child.
(i) Was enrolled in the school district in which the child is
entitled to attend school in any grade from preschool through
twelve in the school year prior to the year in which a scholarship
under this section is first sought for the child; or
(ii) Is eligible to enter school in any grade preschool
through twelve in the school district in which the child is
entitled to attend school in the school year in which a
scholarship under this section is first sought for the child.
(8) "Registered private provider" means a nonpublic school or
other nonpublic entity that has been approved by the department of
education to participate in the program established under this
section.
(9) "Special education program" means a school or facility
that provides special education and related services to children
with disabilities.
(B) There is hereby established the autism scholarship
program. Under the program, the department of education shall pay
a scholarship to the parent of each qualified special education
child upon application of that parent pursuant to procedures and
deadlines established by rule of the state board of education.
Each scholarship shall be used only to pay tuition for the child
on whose behalf the scholarship is awarded to attend a special
education program that implements the child's individualized
education program and that is operated by an alternative public
provider or by a registered private provider. Each scholarship
shall be in an amount not to exceed the lesser of the tuition
charged for the child by the special education program or twenty
thousand dollars. The purpose of the scholarship is to permit the
parent of a qualified special education child the choice to send
the child to a special education program, instead of the one
operated by or for the school district in which the child is
entitled to attend school, to receive the services prescribed in
the child's individualized education program once the
individualized education program is finalized. A The services
provided under the scholarship shall include an educational
component.
A scholarship under this section shall not be awarded to the
parent of a child while the child's individualized education
program is being developed by the school district in which the
child is entitled to attend school, or while any administrative or
judicial mediation or proceedings with respect to the content of
the child's individualized education program are pending. A
scholarship under this section shall not be used for a child to
attend a public special education program that operates under a
contract, compact, or other bilateral agreement between the school
district in which the child is entitled to attend school and
another school district or other public provider, or for a child
to attend a community school established under Chapter 3314. of
the Revised Code. However, nothing in this section or in any rule
adopted by the state board shall prohibit a parent whose child
attends a public special education program under a contract,
compact, or other bilateral agreement, or a parent whose child
attends a community school, from applying for and accepting a
scholarship under this section so that the parent may withdraw the
child from that program or community school and use the
scholarship for the child to attend a special education program
for which the parent is required to pay for services for the
child. A
A child attending a special education program with a
scholarship under this section shall continue to be entitled to
transportation to and from that program in the manner prescribed
by law.
(C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and
(B)(10) of section 3317.03 of the Revised Code, a child who is not
a preschool child with a disability for whom a scholarship is
awarded under this section shall be counted in the formula ADM and
the category six special education ADM of the district in which
the child is entitled to attend school and not in the formula ADM
and the category six special education ADM of any other school
district. As prescribed in divisions (B)(3)(h) and (B)(10) of
section 3317.03 of the Revised Code, a child who is a preschool
child with a disability for whom a scholarship is awarded under
this section shall be counted in the preschool scholarship ADM and
category six special education ADM of the school district in which
the child is entitled to attend school and not in the preschool
scholarship ADM or category six special education ADM of any other
school district.
(2) In each fiscal year, the department shall deduct from the
amounts paid to each school district under Chapters 3306. and
Chapter 3317. of the Revised Code, and, if necessary, sections
321.24 and 323.156 of the Revised Code, the aggregate amount of
scholarships awarded under this section for qualified special
education children included in the formula ADM, or preschool
scholarship ADM, and in the category six special education ADM of
that school district as provided in division (C)(1) of this
section. When computing the school district's instructional
services support under section 3306.05 of the Revised Code, the
department shall add the district's preschool scholarship ADM to
the district's formula ADM.
The scholarships deducted shall be considered as an approved
special education and related services expense of the school
district.
(3) From time to time, the department shall make a payment to
the parent of each qualified special education child for whom a
scholarship has been awarded under this section. The scholarship
amount shall be proportionately reduced in the case of any such
child who is not enrolled in the special education program for
which a scholarship was awarded under this section for the entire
school year. The department shall make no payments to the parent
of a child while any administrative or judicial mediation or
proceedings with respect to the content of the child's
individualized education program are pending.
(D) A scholarship shall not be paid to a parent for payment
of tuition owed to a nonpublic entity unless that entity is a
registered private provider. The department shall approve entities
that meet the standards established by rule of the state board for
the program established under this section.
(E) The state board shall adopt rules under Chapter 119. of
the Revised Code prescribing procedures necessary to implement
this section, including, but not limited to, procedures and
deadlines for parents to apply for scholarships, standards for
registered private providers, and procedures for approval of
entities as registered private providers.
Sec. 3311.05. (A) The territory within the territorial
limits of a county, or the territory included in a district formed
under either section 3311.053 or 3311.059 of the Revised Code,
exclusive of the territory embraced in any city school district or
exempted village school district, and excluding the territory
detached therefrom for school purposes and including the territory
attached thereto for school purposes constitutes an educational
service center.
(B) A county school financing district created under section
3311.50 of the Revised Code is not the school district described
in division (A) of this section or any other school district but
is a taxing district.
Sec. 3311.0510. (A) If all of the local school districts
that make up the territory of an educational service center have
severed from the territory of that service center, upon the
effective date of the severance of the last remaining local school
district to make up the territory of the service center, the
governing board of that service center shall be abolished and such
service center shall be dissolved by order of the superintendent
of public instruction. The superintendent's order shall provide
for the equitable division and disposition of the assets,
property, debts, and obligations of the service center among the
local school districts, of which the territory of the service
center is or previously was made up, and the city and exempted
village school districts with which the service center had
agreements under section 3313.843 of the Revised Code for the
service center's last fiscal year of operation. The
superintendent's order shall provide that the tax duplicate of
each of those school districts shall be bound for and assume the
district's equitable share of the outstanding indebtedness of the
service center. The superintendent's order is final and is not
appealable.
Immediately upon the abolishment of the service center
governing board pursuant to this section, the superintendent of
public instruction shall appoint a qualified individual to
administer the dissolution of the service center and to implement
the terms of the superintendent's dissolution order.
Prior to distributing assets to any school district under
this section, but after paying in full other debts and obligations
of the service center under this section, the superintendent of
public instruction may assess against the remaining assets of the
service center the amount of the costs incurred by the department
of education in performing the superintendent's duties under this
division, including the fees, if any, owed to the individual
appointed to administer the superintendent's dissolution order.
Any excess cost incurred by the department under this division
shall be divided equitably among the local school districts, of
which the territory of the service center is or previously was
made up, and the city and exempted village school districts with
which the service center had agreements under section 3313.843 of
the Revised Code for the service center's last fiscal year of
operation. Each district's share of that excess cost shall be
bound against the tax duplicate of that district.
(B) A final audit of the former service center shall be
performed in accordance with procedures established by the auditor
of state.
(C) The public records of an educational service center that
is dissolved under this section shall be transferred in accordance
with this division. Public records maintained by the service
center in connection with services provided by the service center
to local school districts shall be transferred to each of the
respective local school districts. Public records maintained by
the service center in connection with services provided under an
agreement with a city or exempted village school district pursuant
to section 3313.843 of the Revised Code shall be transferred to
each of the respective city or exempted village school districts.
All other public records maintained by the service center at the
time the service center ceases operations shall be transferred to
the Ohio historical society for analysis and disposition by the
society in its capacity as archives administrator for the state
and its political subdivisions pursuant to division (C) of section
149.30 and section 149.31 of the Revised Code.
Sec. 3311.06. (A) As used in this section:
(1) "Annexation" and "annexed" mean annexation for municipal
purposes under sections 709.02 to 709.37 of the Revised Code.
(2) "Annexed territory" means territory that has been annexed
for municipal purposes to a city served by an urban school
district, but on September 24, 1986, has not been transferred to
the urban school district.
(3) "Urban school district" means a city school district with
an average daily membership for the 1985-1986 school year in
excess of twenty thousand that is the school district of a city
that contains annexed territory.
(4) "Annexation agreement" means an agreement entered into
under division (F) of this section that has been approved by the
state board of education or an agreement entered into prior to
September 24, 1986, that meets the requirements of division (F) of
this section and has been filed with the state board.
(B) The territory included within the boundaries of a city,
local, exempted village, or joint vocational school district shall
be contiguous except where a natural island forms an integral part
of the district, where the state board of education authorizes a
noncontiguous school district, as provided in division (E)(1) of
this section, or where a local school district is created pursuant
to section 3311.26 of the Revised Code from one or more local
school districts, one of which has entered into an agreement under
section 3313.42 of the Revised Code.
(C)(1) When all of the territory of a school district is
annexed to a city or village, such territory thereby becomes a
part of the city school district or the school district of which
the village is a part, and the legal title to school property in
such territory for school purposes shall be vested in the board of
education of the city school district or the school district of
which the village is a part.
(2) When the territory so annexed to a city or village
comprises part but not all of the territory of a school district,
the said territory becomes part of the city school district or the
school district of which the village is a part only upon approval
by the state board of education, unless the district in which the
territory is located is a party to an annexation agreement with
the city school district.
Any urban school district that has not entered into an
annexation agreement with any other school district whose
territory would be affected by any transfer under this division
and that desires to negotiate the terms of transfer with any such
district shall conduct any negotiations under division (F) of this
section as part of entering into an annexation agreement with such
a district.
Any school district, except an urban school district,
desiring state board approval of a transfer under this division
shall make a good faith effort to negotiate the terms of transfer
with any other school district whose territory would be affected
by the transfer. Before the state board may approve any transfer
of territory to a school district, except an urban school
district, under this section, it must receive the following:
(a) A resolution requesting approval of the transfer, passed
by at least one of the school districts whose territory would be
affected by the transfer;
(b) Evidence determined to be sufficient by the state board
to show that good faith negotiations have taken place or that the
district requesting the transfer has made a good faith effort to
hold such negotiations;
(c) If any negotiations took place, a statement signed by all
boards that participated in the negotiations, listing the terms
agreed on and the points on which no agreement could be reached.
(D) The state board of education shall adopt rules governing
negotiations held by any school district except an urban school
district pursuant to division (C)(2) of this section. The rules
shall encourage the realization of the following goals:
(1) A discussion by the negotiating districts of the present
and future educational needs of the pupils in each district;
(2) The educational, financial, and territorial stability of
each district affected by the transfer;
(3) The assurance of appropriate educational programs,
services, and opportunities for all the pupils in each
participating district, and adequate planning for the facilities
needed to provide these programs, services, and opportunities.
Districts involved in negotiations under such rules may agree
to share revenues from the property included in the territory to
be transferred, establish cooperative programs between the
participating districts, and establish mechanisms for the
settlement of any future boundary disputes.
(E)(1) If territory annexed after September 24, 1986, is part
of a school district that is a party to an annexation agreement
with the urban school district serving the annexing city, the
transfer of such territory shall be governed by the agreement. If
the agreement does not specify how the territory is to be dealt
with, the boards of education of the district in which the
territory is located and the urban school district shall negotiate
with regard to the transfer of the territory which shall be
transferred to the urban school district unless, not later than
ninety days after the effective date of municipal annexation, the
boards of education of both districts, by resolution adopted by a
majority of the members of each board, agree that the territory
will not be transferred and so inform the state board of
education.
If territory is transferred under this division the transfer
shall take effect on the first day of July occurring not sooner
than ninety-one days after the effective date of the municipal
annexation. Territory transferred under this division need not be
contiguous to the district to which it is transferred.
(2) Territory annexed prior to September 24, 1986, by a city
served by an urban school district shall not be subject to
transfer under this section if the district in which the territory
is located is a party to an annexation agreement or becomes a
party to such an agreement not later than ninety days after
September 24, 1986. If the district does not become a party to an
annexation agreement within the ninety-day period, transfer of
territory shall be governed by division (C)(2) of this section. If
the district subsequently becomes a party to an agreement,
territory annexed prior to September 24, 1986, other than
territory annexed under division (C)(2) of this section prior to
the effective date of the agreement, shall not be subject to
transfer under this section.
(F) An urban school district may enter into a comprehensive
agreement with one or more school districts under which transfers
of territory annexed by the city served by the urban school
district after September 24, 1986, shall be governed by the
agreement. Such agreement must provide for the establishment of a
cooperative education program under section 3313.842 of the
Revised Code in which all the parties to the agreement are
participants and must be approved by resolution of the majority of
the members of each of the boards of education of the school
districts that are parties to it. An agreement may provide for
interdistrict payments based on local revenue growth resulting
from development in any territory annexed by the city served by
the urban school district.
An agreement entered into under this division may be altered,
modified, or terminated only by agreement, by resolution approved
by the majority of the members of each board of education, of all
school districts that are parties to the agreement, except that
with regard to any provision that affects only the urban school
district and one of the other districts that is a party, that
district and the urban district may modify or alter the agreement
by resolution approved by the majority of the members of the board
of that district and the urban district. Alterations,
modifications, terminations, and extensions of an agreement
entered into under this division do not require approval of the
state board of education, but shall be filed with the board after
approval and execution by the parties.
If an agreement provides for interdistrict payments, each
party to the agreement, except any school district specifically
exempted by the agreement, shall agree to make an annual payment
to the urban school district with respect to any of its territory
that is annexed territory in an amount not to exceed the amount
certified for that year under former section 3317.029 of the
Revised Code as that section existed prior to July 1, 1998; except
that such limitation of annual payments to amounts certified under
former section 3317.029 of the Revised Code does not apply to
agreements or extensions of agreements entered into on or after
June 1, 1992, unless such limitation is expressly agreed to by the
parties. The agreement may provide that all or any part of the
payment shall be waived if the urban school district receives its
payment with respect to such annexed territory under former
section 3317.029 of the Revised Code and that all or any part of
such payment may be waived if the urban school district does not
receive its payment with respect to such annexed territory under
such section.
With respect to territory that is transferred to the urban
school district after September 24, 1986, the agreement may
provide for annual payments by the urban school district to the
school district whose territory is transferred to the urban school
district subsequent to annexation by the city served by the urban
school district.
(G) In the event territory is transferred from one school
district to another under this section, an equitable division of
the funds and indebtedness between the districts involved shall be
made under the supervision of the state board of education and
that board's decision shall be final. Such division shall not
include funds payable to or received by a school district under
Chapter 3306. or 3317. of the Revised Code or payable to or
received by a school district from the United States or any
department or agency thereof. In the event such transferred
territory includes real property owned by a school district, the
state board of education, as part of such division of funds and
indebtedness, shall determine the true value in money of such real
property and all buildings or other improvements thereon. The
board of education of the school district receiving such territory
shall forthwith pay to the board of education of the school
district losing such territory such true value in money of such
real property, buildings, and improvements less such percentage of
the true value in money of each school building located on such
real property as is represented by the ratio of the total
enrollment in day classes of the pupils residing in the territory
transferred enrolled at such school building in the school year in
which such annexation proceedings were commenced to the total
enrollment in day classes of all pupils residing in the school
district losing such territory enrolled at such school building in
such school year. The school district receiving such payment shall
place the proceeds thereof in its sinking fund or bond retirement
fund.
(H) The state board of education, before approving such
transfer of territory, shall determine that such payment has been
made and shall apportion to the acquiring school district such
percentage of the indebtedness of the school district losing the
territory as is represented by the ratio that the assessed
valuation of the territory transferred bears to the total assessed
valuation of the entire school district losing the territory as of
the effective date of the transfer, provided that in ascertaining
the indebtedness of the school district losing the territory the
state board of education shall disregard such percentage of the
par value of the outstanding and unpaid bonds and notes of said
school district issued for construction or improvement of the
school building or buildings for which payment was made by the
acquiring district as is equal to the percentage by which the true
value in money of such building or buildings was reduced in fixing
the amount of said payment.
(I) No transfer of school district territory or division of
funds and indebtedness incident thereto, pursuant to the
annexation of territory to a city or village shall be completed in
any other manner than that prescribed by this section regardless
of the date of the commencement of such annexation proceedings,
and this section applies to all proceedings for such transfers and
divisions of funds and indebtedness pending or commenced on or
after October 2, 1959.
Sec. 3311.19. (A) The management and control of a joint
vocational school district shall be vested in the joint vocational
school district board of education. Where a joint vocational
school district is composed only of two or more local school
districts located in one county, or when all the participating
districts are in one county and the boards of such participating
districts so choose, the educational service center governing
board of the county in which the joint vocational school district
is located shall serve as the joint vocational school district
board of education. Where a joint vocational school district is
composed of local school districts of more than one county, or of
any combination of city, local, or exempted village school
districts or educational service centers, unless administration by
the educational service center governing board has been chosen by
all the participating districts in one county pursuant to this
section, the board of education of the joint vocational school
district shall be composed of one or more persons who are members
of the boards of education from each of the city or exempted
village school districts or members of the educational service
centers' governing boards affected to be appointed by the boards
of education or governing boards of such school districts and
educational service centers. In such joint vocational school
districts the number and terms of members of the joint vocational
school district board of education and the allocation of a given
number of members to each of the city and exempted village
districts and educational service centers shall be determined in
the plan for such district, provided that each such joint
vocational school district board of education shall be composed of
an odd number of members.
(B) Notwithstanding division (A) of this section, a governing
board of an educational service center that has members of its
governing board serving on a joint vocational school district
board of education may make a request to the joint vocational
district board that the joint vocational school district plan be
revised to provide for one or more members of boards of education
of local school districts that are within the territory of the
educational service district and within the joint vocational
school district to serve in the place of or in addition to its
educational service center governing board members. If agreement
is obtained among a majority of the boards of education and
governing boards that have a member serving on the joint
vocational school district board of education and among a majority
of the local school district boards of education included in the
district and located within the territory of the educational
service center whose board requests the substitution or addition,
the state board of education may revise the joint vocational
school district plan to conform with such agreement.
(C) If the board of education of any school district or
educational service center governing board included within a joint
vocational district that has had its board or governing board
membership revised under division (B) of this section requests the
joint vocational school district board to submit to the state
board of education a revised plan under which one or more joint
vocational board members chosen in accordance with a plan revised
under such division would again be chosen in the manner prescribed
by division (A) of this section, the joint vocational board shall
submit the revised plan to the state board of education, provided
the plan is agreed to by a majority of the boards of education
represented on the joint vocational board, a majority of the local
school district boards included within the joint vocational
district, and each educational service center governing board
affected by such plan. The state board of education may revise the
joint vocational school district plan to conform with the revised
plan.
(D) The vocational schools in such joint vocational school
district shall be available to all youth of school age within the
joint vocational school district subject to the rules adopted by
the joint vocational school district board of education in regard
to the standards requisite to admission. A joint vocational school
district board of education shall have the same powers, duties,
and authority for the management and operation of such joint
vocational school district as is granted by law, except by this
chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the
Revised Code, to a board of education of a city school district,
and shall be subject to all the provisions of law that apply to a
city school district, except such provisions in this chapter and
Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code.
(E) Where a governing board of an educational service center
has been designated to serve as the joint vocational school
district board of education, the educational service center
superintendent shall be the executive officer for the joint
vocational school district, and the governing board may provide
for additional compensation to be paid to the educational service
center superintendent by the joint vocational school district, but
the educational service center superintendent shall have no
continuing tenure other than that of educational service center
superintendent. The superintendent of schools of a joint
vocational school district shall exercise the duties and authority
vested by law in a superintendent of schools pertaining to the
operation of a school district and the employment and supervision
of its personnel. The joint vocational school district board of
education shall appoint a treasurer of the joint vocational school
district who shall be the fiscal officer for such district and who
shall have all the powers, duties, and authority vested by law in
a treasurer of a board of education. Where a governing board of an
educational service center has been designated to serve as the
joint vocational school district board of education, such board
may appoint the educational service center superintendent as the
treasurer of the joint vocational school district.
(F) Each member of a joint vocational school district board
of education may be paid such compensation as the board provides
by resolution, but it shall not exceed one hundred twenty-five
dollars per member for each meeting attended plus mileage, at the
rate per mile provided by resolution of the board, to and from
meetings of the board.
The board may provide by resolution for the deduction of
amounts payable for benefits under section 3313.202 of the Revised
Code.
Each member of a joint vocational school district board may
be paid such compensation as the board provides by resolution for
attendance at an approved training program, provided that such
compensation shall not exceed sixty dollars per day for attendance
at a training program three hours or fewer in length and one
hundred twenty-five dollars a day for attendance at a training
program longer than three hours in length. However, no board
member shall be compensated for the same training program under
this section and section 3313.12 of the Revised Code.
Sec. 3311.21. (A) In addition to the resolutions authorized
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of
the Revised Code, the board of education of a joint vocational or
cooperative education school district by a vote of two-thirds of
its full membership may at any time adopt a resolution declaring
the necessity to levy a tax in excess of the ten-mill limitation
for a period not to exceed ten years to provide funds for any one
or more of the following purposes, which may be stated in the
following manner in such resolution, the ballot, and the notice of
election: purchasing a site or enlargement thereof and for the
erection and equipment of buildings; for the purpose of enlarging,
improving, or rebuilding thereof; for the purpose of providing for
the current expenses of the joint vocational or cooperative school
district; or for a continuing period for the purpose of providing
for the current expenses of the joint vocational or cooperative
education school district. The resolution shall specify the amount
of the proposed rate and, if a renewal, whether the levy is to
renew all, or a portion of, the existing levy, and shall specify
the first year in which the levy will be imposed. If the levy
provides for but is not limited to current expenses, the
resolution shall apportion the annual rate of the levy between
current expenses and the other purpose or purposes. Such
apportionment may but need not be the same for each year of the
levy, but the respective portions of the rate actually levied each
year for current expenses and the other purpose or purposes shall
be limited by such apportionment. The portion of any such rate
actually levied for current expenses of a joint vocational or
cooperative education school district shall be used in applying
division (A)(1) of section 3306.01 and division (A) of section
3317.01 of the Revised Code. The portion of any such rate not
apportioned to the current expenses of a joint vocational or
cooperative education school district shall be used in applying
division (B) of this section. On the adoption of such resolution,
the joint vocational or cooperative education school district
board of education shall certify the resolution to the board of
elections of the county containing the most populous portion of
the district, which board shall receive resolutions for filing and
send them to the boards of elections of each county in which
territory of the district is located, furnish all ballots for the
election as provided in section 3505.071 of the Revised Code, and
prepare the election notice; and the board of elections of each
county in which the territory of such district is located shall
make the other necessary arrangements for the submission of the
question to the electors of the joint vocational or cooperative
education school district at the next primary or general election
occurring not less than ninety days after the resolution was
received from the joint vocational or cooperative education school
district board of education, or at a special election to be held
at a time designated by the district board of education consistent
with the requirements of section 3501.01 of the Revised Code,
which date shall not be earlier than ninety days after the
adoption and certification of the resolution.
The board of elections of the county or counties in which
territory of the joint vocational or cooperative education school
district is located shall cause to be published in one or more
newspapers of general circulation in that district an
advertisement of the proposed tax levy question together with a
statement of the amount of the proposed levy once a week for two
consecutive weeks, prior to the election at which the question is
to appear on the ballot, and, if the board of elections operates
and maintains a web site, the board also shall post a similar
advertisement on its web site for thirty days prior to that
election.
If a majority of the electors voting on the question of
levying such tax vote in favor of the levy, the joint vocational
or cooperative education school district board of education shall
annually make the levy within the district at the rate specified
in the resolution and ballot or at any lesser rate, and the county
auditor of each affected county shall annually place the levy on
the tax list and duplicate of each school district in the county
having territory in the joint vocational or cooperative education
school district. The taxes realized from the levy shall be
collected at the same time and in the same manner as other taxes
on the duplicate, and the taxes, when collected, shall be paid to
the treasurer of the joint vocational or cooperative education
school district and deposited to a special fund, which shall be
established by the joint vocational or cooperative education
school district board of education for all revenue derived from
any tax levied pursuant to this section and for the proceeds of
anticipation notes which shall be deposited in such fund. After
the approval of the levy, the joint vocational or cooperative
education school district board of education may anticipate a
fraction of the proceeds of the levy and from time to time, during
the life of the levy, but in any year prior to the time when the
tax collection from the levy so anticipated can be made for that
year, issue anticipation notes in an amount not exceeding fifty
per cent of the estimated proceeds of the levy to be collected in
each year up to a period of five years after the date of the
issuance of the notes, less an amount equal to the proceeds of the
levy obligated for each year by the issuance of anticipation
notes, provided that the total amount maturing in any one year
shall not exceed fifty per cent of the anticipated proceeds of the
levy for that year. Each issue of notes shall be sold as provided
in Chapter 133. of the Revised Code, and shall, except for such
limitation that the total amount of such notes maturing in any one
year shall not exceed fifty per cent of the anticipated proceeds
of the levy for that year, mature serially in substantially equal
installments, during each year over a period not to exceed five
years after their issuance.
(B) Prior to the application of section 319.301 of the
Revised Code, the rate of a levy that is limited to, or to the
extent that it is apportioned to, purposes other than current
expenses shall be reduced in the same proportion in which the
district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from
improvements added to the tax list and duplicate.
(C) The form of ballot cast at an election under division (A)
of this section shall be as prescribed by section 5705.25 of the
Revised Code.
Sec. 3311.29. (A) Except as provided under division (B) or
(C) of this section, no school district shall be created and no
school district shall exist which does not maintain within such
district public schools consisting of grades kindergarten through
twelve and any such existing school district not maintaining such
schools shall be dissolved and its territory joined with another
school district or districts by order of the state board of
education if no agreement is made among the surrounding districts
voluntarily, which order shall provide an equitable division of
the funds, property, and indebtedness of the dissolved school
district among the districts receiving its territory. The state
board of education may authorize exceptions to school districts
where topography, sparsity of population, and other factors make
compliance impracticable.
The superintendent of public instruction is without authority
to distribute funds under Chapter 3306. or 3317. of the Revised
Code to any school district that does not maintain schools with
grades kindergarten through twelve and to which no exception has
been granted by the state board of education.
(B) Division (A) of this section does not apply to any joint
vocational school district or any cooperative education school
district established pursuant to divisions (A) to (C) of section
3311.52 of the Revised Code.
(C)(1)(a) Except as provided in division (C)(3) of this
section, division (A) of this section does not apply to any
cooperative education school district established pursuant to
section 3311.521 of the Revised Code nor to the city, exempted
village, or local school districts that have territory within such
a cooperative education district.
(b) The cooperative district and each city, exempted village,
or local district with territory within the cooperative district
shall maintain the grades that the resolution adopted or amended
pursuant to section 3311.521 of the Revised Code specifies.
(2) Any cooperative education school district described under
division (C)(1) of this section that fails to maintain the grades
it is specified to operate shall be dissolved by order of the
state board of education unless prior to such an order the
cooperative district is dissolved pursuant to section 3311.54 of
the Revised Code. Any such order shall provide for the equitable
adjustment, division, and disposition of the assets, property,
debts, and obligations of the district among each city, local, and
exempted village school district whose territory is in the
cooperative district and shall provide that the tax duplicate of
each city, local, and exempted village school district whose
territory is in the cooperative district shall be bound for and
assume its share of the outstanding indebtedness of the
cooperative district.
(3) If any city, exempted village, or local school district
described under division (C)(1) of this section fails to maintain
the grades it is specified to operate the cooperative district
within which it has territory shall be dissolved in accordance
with division (C)(2) of this section and upon that dissolution any
city, exempted village, or local district failing to maintain
grades kindergarten through twelve shall be subject to the
provisions for dissolution in division (A) of this section.
Sec. 3311.52. A cooperative education school district may be
established pursuant to divisions (A) to (C) of this section or
pursuant to section 3311.521 of the Revised Code.
(A) A cooperative education school district may be
established upon the adoption of identical resolutions within a
sixty-day period by a majority of the members of the board of
education of each city, local, and exempted village school
district that is within the territory of a county school financing
district.
A copy of each resolution shall be filed with the governing
board of the educational service center which created the county
school financing district. Upon the filing of the last such
resolution, the educational service center governing board shall
immediately notify each board of education filing such a
resolution of the date on which the last resolution was filed.
Ten days after the date on which the last resolution is filed
with the educational service center governing board or ten days
after the last of any notices required under division (C) of this
section is received by the educational service center governing
board, whichever is later, the county school financing district
shall be dissolved and the new cooperative education school
district and the board of education of the cooperative education
school district shall be established.
On the date that any county school financing district is
dissolved and a cooperative education school district is
established under this section, each of the following shall apply:
(1) The territory of the dissolved district becomes the
territory of the new district.
(2) Any outstanding tax levy in force in the dissolved
district shall be spread over the territory of the new district
and shall remain in force in the new district until the levy
expires or is renewed.
(3) Any funds of the dissolved district shall be paid over in
full to the new district.
(4) Any net indebtedness of the dissolved district shall be
assumed in full by the new district. As used in division (A)(4) of
this section, "net indebtedness" means the difference between the
par value of the outstanding and unpaid bonds and notes of the
dissolved district and the amount held in the sinking fund and
other indebtedness retirement funds for their redemption.
When a county school financing district is dissolved and a
cooperative education school district is established under this
section, the governing board of the educational service center
that created the dissolved district shall give written notice of
this fact to the county auditor and the board of elections of each
county having any territory in the new district.
(B) The resolutions adopted under division (A) of this
section shall include all of the following provisions:
(1) Provision that the governing board of the educational
service center which created the county school financing district
shall be the board of education of the cooperative education
school district, except that provision may be made for the
composition, selection, and terms of office of an alternative
board of education of the cooperative district, which board shall
include at least one member selected from or by the members of the
board of education of each city, local, and exempted village
school district and at least one member selected from or by the
members of the educational service center governing board within
the territory of the cooperative district;
(2) Provision that the treasurer and superintendent of the
educational service center which created the county school
financing district shall be the treasurer and superintendent of
the cooperative education school district, except that provision
may be made for the selection of a treasurer or superintendent of
the cooperative district other than the treasurer or
superintendent of the educational service center, which provision
shall require one of the following:
(a) The selection of one person as both the treasurer and
superintendent of the cooperative district, which provision may
require such person to be the treasurer or superintendent of any
city, local, or exempted village school district or educational
service center within the territory of the cooperative district;
(b) The selection of one person as the treasurer and another
person as the superintendent of the cooperative district, which
provision may require either one or both such persons to be
treasurers or superintendents of any city, local, or exempted
village school districts or educational service center within the
territory of the cooperative district.
(3) A statement of the educational program the board of
education of the cooperative education school district will
conduct, including but not necessarily limited to the type of
educational program, the grade levels proposed for inclusion in
the program, the timetable for commencing operation of the
program, and the facilities proposed to be used or constructed to
be used by the program;
(4) A statement of the annual amount, or the method for
determining that amount, of funds or services or facilities that
each city, local, and exempted village school district within the
territory of the cooperative district is required to pay to or
provide for the use of the board of education of the cooperative
education school district;
(5) Provision for adopting amendments to the provisions of
divisions (B)(2) to (4) of this section.
(C) If the resolutions adopted under division (A) of this
section provide for a board of education of the cooperative
education school district that is not the governing board of the
educational service center that created the county school
financing district, each board of education of each city, local,
or exempted village school district and the governing board of the
educational service center within the territory of the cooperative
district shall, within thirty days after the date on which the
last resolution is filed with the educational service center
governing board under division (A) of this section, select one or
more members of the board of education of the cooperative district
as provided in the resolutions filed with the educational service
center governing board. Each such board shall immediately notify
the educational service center governing board of each such
selection.
(D) Except for the powers and duties in this chapter and
Chapters 124., 3306., 3317., 3318., 3323., and 3331. of the
Revised Code, a cooperative education school district established
pursuant to divisions (A) to (C) of this section or pursuant to
section 3311.521 of the Revised Code has all the powers of a city
school district and its board of education has all the powers and
duties of a board of education of a city school district with
respect to the educational program specified in the resolutions
adopted under division (A) of this section. All laws applicable to
a city school district or the board of education or the members of
the board of education of a city school district, except such laws
in this chapter and Chapters 124., 3306., 3317., 3318., 3323., and
3331. of the Revised Code, are applicable to a cooperative
education school district and its board.
The treasurer and superintendent of a cooperative education
school district shall have the same respective duties and powers
as a treasurer and superintendent of a city school district,
except for any powers and duties in this chapter and Chapters
124., 3306., 3317., 3318., 3323., and 3331. of the Revised Code.
(E) For purposes of this title, any student included in the
formula ADM certified for any city, exempted village, or local
school district under section 3317.03 of the Revised Code by
virtue of being counted, in whole or in part, in the average daily
membership of a cooperative education school district under
division (A)(2)(f) of that section shall be construed to be
enrolled both in that city, exempted village, or local school
district and in that cooperative education school district. This
division shall not be construed to mean that any such individual
student may be counted more than once for purposes of determining
the average daily membership of any one school district.
Sec. 3311.76. (A) Notwithstanding Chapters 3302., 3306., and
3317. of the Revised Code, upon written request of the district
chief executive officer the state superintendent of public
instruction may exempt a municipal school district from any rules
adopted under Title XXXIII of the Revised Code except for any rule
adopted under Chapter 3307. or 3309., sections 3319.07 to 3319.21,
or Chapter 3323. of the Revised Code, and may authorize a
municipal school district to apply funds allocated to the district
under Chapters 3306. and Chapter 3317. of the Revised Code, except
those specifically allocated to purposes other than current
expenses, to the payment of debt charges on the district's public
obligations. The request must specify the provisions from which
the district is seeking exemption or the application requested and
the reasons for the request. The state superintendent shall
approve the request if the superintendent finds the requested
exemption or application is in the best interest of the district's
students. The superintendent shall approve or disapprove the
request within thirty days and shall notify the district board and
the district chief executive officer of approval or reasons for
disapproving the request.
(B) In addition to the rights, authority, and duties
conferred upon a municipal school district and its board of
education in sections 3311.71 to 3311.76 of the Revised Code, a
municipal school district and its board shall have all of the
rights, authority, and duties conferred upon a city school
district and its board by law that are not inconsistent with
sections 3311.71 to 3311.76 of the Revised Code.
Sec. 3313.29. The treasurer of each board of education shall
keep an account of all school funds of the district. The treasurer
shall receive all vouchers for payments and disbursements made to
and by the board and preserve such vouchers for a period of ten
years unless copied or reproduced according to the procedure
prescribed in section 9.01 of the Revised Code. Thereafter, such
vouchers may be destroyed by the treasurer upon applying to and
obtaining an order from the school district records commission in
the manner prescribed by section 149.41 of the Revised Code,
except that it shall not be necessary to copy or reproduce such
vouchers before their destruction. The treasurer shall render a
statement to the board and to the superintendent of the school
district, monthly, or more often if required, showing the revenues
and receipts from whatever sources derived, the various
appropriations made by the board, the expenditures and
disbursements therefrom, the purposes thereof, the balances
remaining in each appropriation, and the assets and liabilities of
the school district. At the end of the fiscal year such statement
shall be a complete exhibit of the financial affairs of the school
district which may be published and distributed with the approval
of the board. All monthly and yearly statements as required in
this section shall be available for examination by the public.
On request of the principal or other chief administrator of
any nonpublic school located within the school district's
territory, the treasurer shall provide such principal or
administrator with an account of the moneys received by the
district under division (I)(E) of section 3317.024 of the Revised
Code as reported to the district's board in the treasurer's most
recent monthly statement.
Sec. 3313.372. (A) As used in this section, "energy
conservation measure" means an installation or modification of an
installation in, or remodeling of, a building, to reduce energy
consumption. It includes:
(1) Insulation of the building structure and systems within
the building;
(2) Storm windows and doors, multiglazed windows and doors,
heat absorbing or heat reflective glazed and coated window and
door systems, additional glazing, reductions in glass area, and
other window and door system modifications that reduce energy
consumption;
(3) Automatic energy control systems;
(4) Heating, ventilating, or air conditioning system
modifications or replacements;
(5) Caulking and weatherstripping;
(6) Replacement or modification of lighting fixtures to
increase the energy efficiency of the system without increasing
the overall illumination of a facility, unless such increase in
illumination is necessary to conform to the applicable state or
local building code for the proposed lighting system;
(7) Energy recovery systems;
(8) Cogeneration systems that produce steam or forms of
energy such as heat, as well as electricity, for use primarily
within a building or complex of buildings;
(9) Any other modification, installation, or remodeling
approved by the Ohio school facilities commission as an energy
conservation measure.
(B) A board of education of a city, exempted village, local,
or joint vocational school district may enter into an installment
payment contract for the purchase and installation of energy
conservation measures. The provisions of such installment payment
contracts dealing with interest charges and financing terms shall
not be subject to the competitive bidding requirements of section
3313.46 of the Revised Code, and shall be on the following terms:
(1) Not less than one-fifteenth of the costs thereof shall be
paid within two years from the date of purchase.
(2) The remaining balance of the costs thereof shall be paid
within fifteen years from the date of purchase.
An installment payment contract entered into by a board of
education under this section shall require the board to contract
in accordance with division (A) of section 3313.46 of the Revised
Code for the installation, modification, or remodeling of energy
conservation measures unless division (A) of section 3313.46 of
the Revised Code does not apply pursuant to division (B)(3) of
that section.
(C) The board may issue the notes of the school district
signed by the president and the treasurer of the board and
specifying the terms of the purchase and securing the deferred
payments provided in this section, payable at the times provided
and bearing interest at a rate not exceeding the rate determined
as provided in section 9.95 of the Revised Code. The notes may
contain an option for prepayment and shall not be subject to
Chapter 133. of the Revised Code. In the resolution authorizing
the notes, the board may provide, without the vote of the electors
of the district, for annually levying and collecting taxes in
amounts sufficient to pay the interest on and retire the notes,
except that the total net indebtedness of the district without a
vote of the electors incurred under this and all other sections of
the Revised Code, except section 3318.052 of the Revised Code,
shall not exceed one per cent of the district's tax valuation.
Revenues derived from local taxes or otherwise, for the purpose of
conserving energy or for defraying the current operating expenses
of the district, may be applied to the payment of interest and the
retirement of such notes. The notes may be sold at private sale or
given to the contractor under the installment payment contract
authorized by division (B) of this section.
(D) Debt incurred under this section shall not be included in
the calculation of the net indebtedness of a school district under
section 133.06 of the Revised Code.
(E) No school district board shall enter into an installment
payment contract under division (B) of this section unless it
first obtains a report of the costs of the energy conservation
measures and the savings thereof as described under division (G)
of section 133.06 of the Revised Code as a requirement for issuing
energy securities, makes a finding that the amount spent on such
measures is not likely to exceed the amount of money it would save
in energy costs and resultant operational and maintenance costs as
described in that division, except that that finding shall cover
the ensuing fifteen years, and the Ohio school facilities
commission determines that the district board's findings are
reasonable and approves the contract as described in that
division.
The district board shall monitor the savings and maintain a
report of those savings, which shall be available submitted to the
commission in the same manner as required by division (G) of
section 133.06 of the Revised Code in the case of energy
securities.
Sec. 3313.41. (A) Except as provided in divisions (C), (D),
(F), and (G) of this section, when a board of education decides to
dispose of real or personal property that it owns in its corporate
capacity and that exceeds in value ten thousand dollars, it shall
sell the property at public auction, after giving at least thirty
days' notice of the auction by publication in a newspaper of
general circulation or by posting notices in five of the most
public places in the school district in which the property, if it
is real property, is situated, or, if it is personal property, in
the school district of the board of education that owns the
property. The board may offer real property for sale as an entire
tract or in parcels.
(B) When the board of education has offered real or personal
property for sale at public auction at least once pursuant to
division (A) of this section, and the property has not been sold,
the board may sell it at a private sale. Regardless of how it was
offered at public auction, at a private sale, the board shall, as
it considers best, sell real property as an entire tract or in
parcels, and personal property in a single lot or in several lots.
(C) If a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it may sell the property to
the adjutant general; to any subdivision or taxing authority as
respectively defined in divisions (A) and (C) of section 5705.01
of the Revised Code, township park district, board of park
commissioners established under Chapter 755. of the Revised Code,
or park district established under Chapter 1545. of the Revised
Code; to a wholly or partially tax-supported university,
university branch, or college; or to the board of trustees of a
school district library, upon such terms as are agreed upon. The
sale of real or personal property to the board of trustees of a
school district library is limited, in the case of real property,
to a school district library within whose boundaries the real
property is situated, or, in the case of personal property, to a
school district library whose boundaries lie in whole or in part
within the school district of the selling board of education.
(D) When a board of education decides to trade as a part or
an entire consideration, an item of personal property on the
purchase price of an item of similar personal property, it may
trade the same upon such terms as are agreed upon by the parties
to the trade.
(E) The president and the treasurer of the board of education
shall execute and deliver deeds or other necessary instruments of
conveyance to complete any sale or trade under this section.
(F) When a board of education has identified a parcel of real
property that it determines is needed for school purposes, the
board may, upon a majority vote of the members of the board,
acquire that property by exchanging real property that the board
owns in its corporate capacity for the identified real property or
by using real property that the board owns in its corporate
capacity as part or an entire consideration for the purchase price
of the identified real property. Any exchange or acquisition made
pursuant to this division shall be made by a conveyance executed
by the president and the treasurer of the board.
(G)(1) When a school district board of education decides to
dispose of real property suitable for use as classroom space,
prior to disposing of that property under divisions (A) to (F) of
this section, it shall first offer that property for sale to by
public auction as described in division (A) of this section. Only
the governing authorities of the start-up community schools
established under Chapter 3314. of the Revised Code located within
the territory of the school district, at a price that is not
higher than the appraised fair market value of that property. If
more than one community school governing authority accepts the
offer made by the school district board, the board shall sell the
property to the governing authority that accepted the offer first
in time, operators of community schools, and any persons or
entities that have entered into a lease agreement with a governing
authority or operator of a community school shall be eligible to
bid at the auction. If no community school governing authority
accepts the offer within sixty days after the offer is made by the
school district board, operator, or lessor or leasing entity
offers a bid to purchase the property, the board may dispose of
the property in the applicable manner prescribed under divisions
(A) to (F) of this section.
(2) When a school district board of education has not used
real property suitable for classroom space for academic
instruction, administration, storage, or any other educational
purpose for one full school year and has not adopted a resolution
outlining a plan for using that property for any of those purposes
within the next three school years, it immediately shall offer
that property for sale to by public auction as described in
division (A) of this section. Only the governing authorities of
the start-up community schools established under Chapter 3314. of
the Revised Code located within the territory of the school
district, at a price that is not higher than the appraised fair
market value of that property. If more than one community school
governing authority accepts the offer made by the school district
board, the board shall sell the property to the governing
authority that accepted the offer first in time, operators of
community schools, and any persons or entities that have entered
into a lease agreement with a governing authority or operator of a
community school shall be eligible to bid at the auction. If no
governing authority, operator, or lessor or leasing entity offers
a bid to purchase property, the board may dispose of property in
the applicable manner under divisions (A) to (F) of this section.
(H) When a school district board of education has property
that the board, by resolution, finds is not needed for school
district use, is obsolete, or is unfit for the use for which it
was acquired, the board may donate that property in accordance
with this division if the fair market value of the property is, in
the opinion of the board, two thousand five hundred dollars or
less.
The board shall first offer the property to the governing
authorities and operators of community schools established under
Chapter 3314. of the Revised Code located within the territory of
the school district. If no community school governing authority or
operator accepts the donation, the property may be donated to an
eligible nonprofit organization that is located in this state and
is exempt from federal income taxation pursuant to 26 U.S.C.
501(a) and (c)(3). Before donating any property under this
division, the board shall adopt a resolution expressing its intent
to make unneeded, obsolete, or unfit-for-use school district
property available to these organizations. The resolution shall
include guidelines and procedures the board considers to be
necessary to implement the donation program and shall indicate
whether the school district will conduct the donation program or
the board will contract with a representative to conduct it. If a
representative is known when the resolution is adopted, the
resolution shall provide contact information such as the
representative's name, address, and telephone number.
The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization
that is located in this state and is exempt from federal income
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of
the organization's primary purpose; a description of the type or
types of property the organization needs; and the name, address,
and telephone number of a person designated by the organization's
governing board to receive donated property and to serve as its
agent.
After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the school district, notice
of its intent to donate unneeded, obsolete, or unfit-for-use
school district property to eligible nonprofit organizations. The
notice shall include a summary of the information provided in the
resolution and shall be published at least twice. The second and
any subsequent notice shall be published not less than ten nor
more than twenty days after the previous notice. A similar notice
also shall be posted continually in the board's office, and, if
the school district maintains a web site on the internet, the
notice shall be posted continually at that web site.
The board or its representatives shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in
this section and in the donation program's guidelines and
procedures, to receive donated property.
The board or its representative also shall maintain a list of
all school district property the board finds to be unneeded,
obsolete, or unfit for use and to be available for donation under
this division. The list shall be posted continually in a
conspicuous location in the board's office, and, if the school
district maintains a web site on the internet, the list shall be
posted continually at that web site. An item of property on the
list shall be donated to the eligible nonprofit organization that
first declares to the board or its representative its desire to
obtain the item unless the board previously has established, by
resolution, a list of eligible nonprofit organizations that shall
be given priority with respect to the item's donation. Priority
may be given on the basis that the purposes of a nonprofit
organization have a direct relationship to specific school
district purposes of programs provided or administered by the
board. A resolution giving priority to certain nonprofit
organizations with respect to the donation of an item of property
shall specify the reasons why the organizations are given that
priority.
Members of the board shall consult with the Ohio ethics
commission, and comply with Chapters 102. and 2921. of the Revised
Code, with respect to any donation under this division to a
nonprofit organization of which a board member, any member of a
board member's family, or any business associate of a board member
is a trustee, officer, board member, or employee.
Any community school, or its governing authority or operator,
or person or entity that has entered into a lease agreement with a
governing authority or operator of a community school may bring
civil action in the court of common pleas for the county in which
the subject real property is located to enforce the provisions of
division (G) or (H) of this section.
Sec. 3313.411. (A) On or after the effective date of this
section, when a school district board of education decides to
lease to another entity, on a basis of not less than one school
year at a time, real property that it owns in its corporate
capacity and that is suitable for use as classroom space or for
other educational purposes, the board shall first offer to lease
that property to the governing authorities of the community
schools, established under Chapter 3314. of the Revised Code,
located within the territory of the school district. The lease
price offered by the district board shall not be higher than the
fair market value for such a leasehold. If more than one community
school governing authority accepts the offer to lease that
property, the district board shall lease the property to the
governing authority that accepted the offer first in time, except
that any conversion community school sponsored by the school
district shall have highest priority for the leasehold. If no
community school governing authority accepts the offer to lease
the property within sixty days after the offer is made, the
district board may offer the property for lease to any other
entity.
(B) Notwithstanding division (A) of this section, a school
district board may renew any agreement it originally entered into
prior to the effective date of this section to lease real property
to an entity other than a community school. Nothing in this
section shall affect the leasehold arrangements between the
district board and that other entity.
Sec. 3313.46. (A) In addition to any other law governing the
bidding for contracts by the board of education of any school
district, when any such board determines to build, repair,
enlarge, improve, or demolish any school building, the cost of
which will exceed twenty-five thousand dollars, except in cases of
urgent necessity, or for the security and protection of school
property, and except as otherwise provided in division (D) of
section 713.23 and in section 125.04 of the Revised Code, all of
the following shall apply:
(1) The board shall cause to be prepared the plans,
specifications, and related information as required in divisions
(A), (B)(1), (2), and (D)(3) of section 153.01 of the Revised Code
unless the board determines that other information is sufficient
to inform any bidders of the board's requirements. However, if the
board determines that such other information is sufficient for
bidding a project, the board shall not engage in the construction
of any such project involving the practice of professional
engineering, professional surveying, or architecture, for which
plans, specifications, and estimates have not been made by, and
the construction thereof inspected by, a licensed professional
engineer, licensed professional surveyor, or registered architect.
(2) The board shall advertise for bids once each week for a
period of not less than two consecutive weeks in a newspaper of
general circulation in the district before the date specified by
the board for receiving bids. The board may also cause notice to
be inserted in trade papers or other publications designated by it
or to be distributed by electronic means, including posting the
notice on the board's internet web site. If the board posts the
notice on its web site, it may eliminate the second notice
otherwise required to be published in a newspaper of general
circulation within the school district, provided that the first
notice published in such newspaper meets all of the following
requirements:
(a) It is published at least two weeks before the opening of
bids.
(b) It includes a statement that the notice is posted on the
board of education's internet web site.
(c) It includes the internet address of the board's internet
web site.
(d) It includes instructions describing how the notice may be
accessed on the board's internet web site.
(3) Unless the board extends the time for the opening of bids
they shall be opened at the time and place specified by the board
in the advertisement for the bids.
(4) Each bid shall contain the name of every person
interested therein. Each bid shall meet the requirements of
section 153.54 of the Revised Code.
(5) When both labor and materials are embraced in the work
bid for, the board may require that each be separately stated in
the bid, with the price thereof, or may require that bids be
submitted without such separation.
(6) None but the lowest responsible bid shall be accepted.
The board may reject all the bids, or accept any bid for both
labor and material for such improvement or repair, which is the
lowest in the aggregate. In all other respects, the award of
contracts for improvement or repair, but not for purchases made
under section 3327.08 of the Revised Code, shall be pursuant to
section 153.12 of the Revised Code.
(7) The contract shall be between the board and the bidders.
The board shall pay the contract price for the work pursuant to
sections 153.13 and 153.14 of the Revised Code. The board shall
approve and retain the estimates referred to in section 153.13 of
the Revised Code and make them available to the auditor of state
upon request.
(8) When two or more bids are equal, in the whole, or in any
part thereof, and are lower than any others, either may be
accepted, but in no case shall the work be divided between such
bidders.
(9) When there is reason to believe there is collusion or
combination among the bidders, or any number of them, the bids of
those concerned therein shall be rejected.
(B) Division (A) of this section does not apply to the board
of education of any school district in any of the following
situations:
(1) The acquisition of educational materials used in
teaching.
(2) If the board determines and declares by resolution
adopted by two-thirds of all its members that any item is
available and can be acquired only from a single source.
(3) If the board declares by resolution adopted by two-thirds
of all its members that division (A) of this section does not
apply to any installation, modification, or remodeling involved in
any energy conservation measure undertaken through an installment
payment contract under section 3313.372 of the Revised Code or
undertaken pursuant to division (G) of section 133.06 of the
Revised Code.
(4) The acquisition of computer software for instructional
purposes and computer hardware for instructional purposes pursuant
to division (B)(4) of section 3313.37 of the Revised Code.
(C) No resolution adopted pursuant to division (B)(2) or (3)
of this section shall have any effect on whether sections 153.12
to 153.14 and 153.54 of the Revised Code apply to the board of
education of any school district with regard to any item.
Sec. 3314.20 3313.473. This section does not apply to any
school district declared to be excellent or effective pursuant to
division (B)(1) or (2) of section 3302.03 of the Revised Code.
(A) The state board of education shall adopt rules requiring
school districts with a total student count of over five thousand,
as determined pursuant to section 3317.03 of the Revised Code, to
designate one school building to be operated by a site-based
management council. The rules shall specify the composition of the
council and the manner in which members of the council are to be
selected and removed.
(B) The rules adopted under division (A) of this section
shall specify those powers, duties, functions, and
responsibilities that shall be vested in the management council
and that would otherwise be exercised by the district board of
education. The rules shall also establish a mechanism for
resolving any differences between the council and the district
board if there is disagreement as to their respective powers,
duties, functions, and responsibilities.
(C) The board of education of any school district described
by division (A) of this section may, in lieu of complying with the
rules adopted under this section, file with the department of
education an alternative structure for a district site-based
management program in at least one of its school buildings. The
proposal shall specify the composition of the council, which shall
include an equal number of parents and teachers and the building
principal, and the method of selection and removal of the council
members. The proposal shall also clearly delineate the respective
powers, duties, functions, and responsibilities of the district
board and the council. The district's proposal shall comply
substantially with the rules adopted under division (A) of this
section.
Sec. 3313.55. The board of education of any school district
in which is located a state, district, county, or municipal
hospital for children with epilepsy or any public institution,
except state institutions for the care and treatment of
delinquent, unstable, or socially maladjusted children, shall make
provision for the education of all educable children therein;
except that in the event another school district within the same
county or an adjoining county is the source of sixty per cent or
more of the children in said hospital or institution, the board of
that school district shall make provision for the education of all
the children therein. In any case in which a board provides
educational facilities under this section, the board that provides
the facilities shall be entitled to all moneys authorized for the
attendance of pupils as provided in Chapter 3306. or 3317. of the
Revised Code, tuition as provided in section 3317.08 of the
Revised Code, and such additional compensation as is provided for
crippled children in sections 3323.01 to 3323.12 of the Revised
Code. Any board that provides the educational facilities for
children in county or municipal institutions established for the
care and treatment of children who are delinquent, unstable, or
socially maladjusted shall not be entitled to any moneys provided
for crippled children in sections 3323.01 to 3323.12 of the
Revised Code.
Sec. 3313.603. (A) As used in this section:
(1) "One unit" means a minimum of one hundred twenty hours of
course instruction, except that for a laboratory course, "one
unit" means a minimum of one hundred fifty hours of course
instruction.
(2) "One-half unit" means a minimum of sixty hours of course
instruction, except that for physical education courses, "one-half
unit" means a minimum of one hundred twenty hours of course
instruction.
(B) Beginning September 15, 2001, except as required in
division (C) of this section and division (C) of section 3313.614
of the Revised Code, the requirements for graduation from every
high school shall include twenty units earned in grades nine
through twelve and shall be distributed as follows:
(1) English language arts, four units;
(2) Health, one-half unit;
(3) Mathematics, three units;
(4) Physical education, one-half unit;
(5) Science, two units until September 15, 2003, and three
units thereafter, which at all times shall include both of the
following:
(a) Biological sciences, one unit;
(b) Physical sciences, one unit.
(6) Social studies, three units, which shall include both of
the following:
(a) American history, one-half unit;
(b) American government, one-half unit.
(7) Elective units, seven units until September 15, 2003, and
six units thereafter.
Each student's electives shall include at least one unit, or
two half units, chosen from among the areas of
business/technology, fine arts, and/or foreign language.
(C) Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, except as provided in
divisions (D) to (F) of this section, the requirements for
graduation from every public and chartered nonpublic high school
shall include twenty units that are designed to prepare students
for the workforce and college. The units shall be distributed as
follows:
(1) English language arts, four units;
(2) Health, one-half unit, which shall include instruction in
nutrition and the benefits of nutritious foods and physical
activity for overall health;
(3) Mathematics, four units, which shall include one unit of
algebra II or the equivalent of algebra II;
(4) Physical education, one-half unit;
(5) Science, three units with inquiry-based laboratory
experience that engages students in asking valid scientific
questions and gathering and analyzing information, which shall
include the following, or their equivalent:
(a) Physical sciences, one unit;
(b) Life sciences, one unit;
(c) Advanced study in one or more of the following sciences,
one unit:
(i) Chemistry, physics, or other physical science;
(ii) Advanced biology or other life science;
(iii) Astronomy, physical geology, or other earth or space
science.
(6) Social studies, three units, which shall include both of
the following:
(a) American history, one-half unit;
(b) American government, one-half unit.
Each school shall integrate the study of economics and
financial literacy, as expressed in the social studies academic
content standards adopted by the state board of education under
division (A)(1) of section 3301.079 of the Revised Code and the
academic content standards for financial literacy and
entrepreneurship adopted under division (A)(2) of that section,
into one or more existing social studies credits required under
division (C)(6) of this section, or into the content of another
class, so that every high school student receives instruction in
those concepts. In developing the curriculum required by this
paragraph, schools shall use available public-private partnerships
and resources and materials that exist in business, industry, and
through the centers for economics education at institutions of
higher education in the state.
(7) Five units consisting of one or any combination of
foreign language, fine arts, business, career-technical education,
family and consumer sciences, technology, agricultural education,
a junior reserve officer training corps (JROTC) program approved
by the congress of the United States under title 10 of the United
States Code, or English language arts, mathematics, science, or
social studies courses not otherwise required under division (C)
of this section.
Ohioans must be prepared to apply increased knowledge and
skills in the workplace and to adapt their knowledge and skills
quickly to meet the rapidly changing conditions of the
twenty-first century. National studies indicate that all high
school graduates need the same academic foundation, regardless of
the opportunities they pursue after graduation. The goal of Ohio's
system of elementary and secondary education is to prepare all
students for and seamlessly connect all students to success in
life beyond high school graduation, regardless of whether the next
step is entering the workforce, beginning an apprenticeship,
engaging in post-secondary training, serving in the military, or
pursuing a college degree.
The Ohio core curriculum is the standard expectation for all
students entering ninth grade for the first time at a public or
chartered nonpublic high school on or after July 1, 2010. A
student may satisfy this expectation through a variety of methods,
including, but not limited to, integrated, applied,
career-technical, and traditional coursework.
Whereas teacher quality is essential for student success in
completing the Ohio core curriculum, the general assembly shall
appropriate funds for strategic initiatives designed to strengthen
schools' capacities to hire and retain highly qualified teachers
in the subject areas required by the curriculum. Such initiatives
are expected to require an investment of $120,000,000 over five
years.
Stronger coordination between high schools and institutions
of higher education is necessary to prepare students for more
challenging academic endeavors and to lessen the need for academic
remediation in college, thereby reducing the costs of higher
education for Ohio's students, families, and the state. The state
board and the chancellor of the Ohio board of regents shall
develop policies to ensure that only in rare instances will
students who complete the Ohio core curriculum require academic
remediation after high school.
School districts, community schools, and chartered nonpublic
schools shall integrate technology into learning experiences
whenever practicable across the curriculum in order to maximize
efficiency, enhance learning, and prepare students for success in
the technology-driven twenty-first century. Districts and schools
may shall use distance and web-based course delivery as a method
of providing or augmenting all instruction required under this
division, including laboratory experience in science. Districts
and schools shall whenever practicable utilize technology access
and electronic learning opportunities provided by the eTech Ohio
commission, the Ohio learning network, education technology
centers, public television stations, and other public and private
providers.
(D) Except as provided in division (E) of this section, a
student who enters ninth grade on or after July 1, 2010, and
before July 1, 2014, may qualify for graduation from a public or
chartered nonpublic high school even though the student has not
completed the Ohio core curriculum prescribed in division (C) of
this section if all of the following conditions are satisfied:
(1) After the student has attended high school for two years,
as determined by the school, the student and the student's parent,
guardian, or custodian sign and file with the school a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(2) The student and parent, guardian, or custodian fulfill
any procedural requirements the school stipulates to ensure the
student's and parent's, guardian's, or custodian's informed
consent and to facilitate orderly filing of statements under
division (D)(1) of this section.
(3) The student and the student's parent, guardian, or
custodian and a representative of the student's high school
jointly develop an individual career plan for the student that
specifies the student matriculating to a two-year degree program,
acquiring a business and industry credential, or entering an
apprenticeship.
(4) The student's high school provides counseling and support
for the student related to the plan developed under division
(D)(3) of this section during the remainder of the student's high
school experience.
(5) The student successfully completes, at a minimum, the
curriculum prescribed in division (B) of this section.
The department of education, in collaboration with the
chancellor, shall analyze student performance data to determine if
there are mitigating factors that warrant extending the exception
permitted by division (D) of this section to high school classes
beyond those entering ninth grade before July 1, 2014. The
department shall submit its findings and any recommendations not
later than August 1, 2014, to the speaker and minority leader of
the house of representatives, the president and minority leader of
the senate, the chairpersons and ranking minority members of the
standing committees of the house of representatives and the senate
that consider education legislation, the state board of education,
and the superintendent of public instruction.
(E) Each school district and chartered nonpublic school
retains the authority to require an even more rigorous minimum
curriculum for high school graduation than specified in division
(B) or (C) of this section. A school district board of education,
through the adoption of a resolution, or the governing authority
of a chartered nonpublic school may stipulate any of the
following:
(1) A minimum high school curriculum that requires more than
twenty units of academic credit to graduate;
(2) An exception to the district's or school's minimum high
school curriculum that is comparable to the exception provided in
division (D) of this section but with additional requirements,
which may include a requirement that the student successfully
complete more than the minimum curriculum prescribed in division
(B) of this section;
(3) That no exception comparable to that provided in division
(D) of this section is available.
(F) A student enrolled in a dropout prevention and recovery
program, which program has received a waiver from the department,
may qualify for graduation from high school by successfully
completing a competency-based instructional program administered
by the dropout prevention and recovery program in lieu of
completing the Ohio core curriculum prescribed in division (C) of
this section. The department shall grant a waiver to a dropout
prevention and recovery program, within sixty days after the
program applies for the waiver, if the program meets all of the
following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board under division
(E)(D)(6) of section 3301.0712 of the Revised Code, division
(B)(2) of that section.
(4) The program develops an individual career plan for the
student that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry credential, or
entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (F)(4) of
this section during the remainder of the student's high school
experience.
(6) The program requires the student and the student's
parent, guardian, or custodian to sign and file, in accordance
with procedural requirements stipulated by the program, a written
statement asserting the parent's, guardian's, or custodian's
consent to the student's graduating without completing the Ohio
core curriculum and acknowledging that one consequence of not
completing the Ohio core curriculum is ineligibility to enroll in
most state universities in Ohio without further coursework.
(7) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board under
section 3301.079 of the Revised Code will be taught and assessed.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(G) Every high school may permit students below the ninth
grade to take advanced work. If a high school so permits, it shall
award high school credit for successful completion of the advanced
work and shall count such advanced work toward the graduation
requirements of division (B) or (C) of this section if the
advanced work was both:
(1) Taught by a person who possesses a license or certificate
issued under section 3301.071, 3319.22, or 3319.222 of the Revised
Code that is valid for teaching high school;
(2) Designated by the board of education of the city, local,
or exempted village school district, the board of the cooperative
education school district, or the governing authority of the
chartered nonpublic school as meeting the high school curriculum
requirements.
Each high school shall record on the student's high school
transcript all high school credit awarded under division (G) of
this section. In addition, if the student completed a seventh- or
eighth-grade fine arts course described in division (K) of this
section and the course qualified for high school credit under that
division, the high school shall record that course on the
student's high school transcript.
(H) The department shall make its individual academic career
plan available through its Ohio career information system web site
for districts and schools to use as a tool for communicating with
and providing guidance to students and families in selecting high
school courses.
(I) Units earned in English language arts, mathematics,
science, and social studies that are delivered through integrated
academic and career-technical instruction are eligible to meet the
graduation requirements of division (B) or (C) of this section.
(J) The state board, in consultation with the chancellor,
shall adopt a statewide plan implementing methods for students to
earn units of high school credit based on a demonstration of
subject area competency, instead of or in combination with
completing hours of classroom instruction. The state board shall
adopt the plan not later than March 31, 2009, and commence phasing
in the plan during the 2009-2010 school year. The plan shall
include a standard method for recording demonstrated proficiency
on high school transcripts. Each school district, community
school, and chartered nonpublic school shall comply with the state
board's plan adopted under this division and award units of high
school credit in accordance with the plan. The state board may
adopt existing methods for earning high school credit based on a
demonstration of subject area competency as necessary prior to the
2009-2010 school year.
(K) This division does not apply to students who qualify for
graduation from high school under division (D) or (F) of this
section, or to students pursuing a career-technical instructional
track as determined by the school district board of education or
the chartered nonpublic school's governing authority.
Nevertheless, the general assembly encourages such students to
consider enrolling in a fine arts course as an elective.
Beginning with students who enter ninth grade for the first
time on or after July 1, 2010, each student enrolled in a public
or chartered nonpublic high school shall complete two semesters or
the equivalent of fine arts to graduate from high school. The
coursework may be completed in any of grades seven to twelve. Each
student who completes a fine arts course in grade seven or eight
may elect to count that course toward the five units of electives
required for graduation under division (C)(7) of this section, if
the course satisfied the requirements of division (G) of this
section. In that case, the high school shall award the student
high school credit for the course and count the course toward the
five units required under division (C)(7) of this section. If the
course in grade seven or eight did not satisfy the requirements of
division (G) of this section, the high school shall not award the
student high school credit for the course but shall count the
course toward the two semesters or the equivalent of fine arts
required by this division.
(L) Notwithstanding anything to the contrary in this section,
the board of education of each school district and the governing
authority of each chartered nonpublic school may adopt a policy to
excuse from the high school physical education requirement each
student who, during high school, has participated in
interscholastic athletics, marching band, or cheerleading for at
least two full seasons or in the junior reserve officer training
corps for at least two full school years. If the board or
authority adopts such a policy, the board or authority shall not
require the student to complete any physical education course as a
condition to graduate. However, the student shall be required to
complete one-half unit, consisting of at least sixty hours of
instruction, in another course of study. In the case of a student
who has participated in the junior reserve officer training corps
for at least two full school years, credit received for that
participation may be used to satisfy the requirement to complete
one-half unit in another course of study.
Sec. 3313.61. (A) A diploma shall be granted by the board of
education of any city, exempted village, or local school district
that operates a high school to any person to whom all of the
following apply:
(1) The person has successfully completed the curriculum in
any high school or the individualized education program developed
for the person by any high school pursuant to section 3323.08 of
the Revised Code, or has qualified under division (D) or (F) of
section 3313.603 of the Revised Code, provided that no school
district shall require a student to remain in school for any
specific number of semesters or other terms if the student
completes the required curriculum early;
(2) Subject to section 3313.614 of the Revised Code, the
person has met the assessment requirements of division (A)(2)(a)
or (b) of this section, as applicable.
(a) If the person entered the ninth grade prior to the date
prescribed by rule of the state board of education under division
(E)(D)(2) of section 3301.0712 of the Revised Code, the person
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments required by that division unless the person
was excused from taking any such assessment pursuant to section
3313.532 of the Revised Code or unless division (H) or (L) of this
section applies to the person;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division
(E)(D)(2) of section 3301.0712 of the Revised Code, the person has
attained on
met the requirements of the entire assessment system
prescribed under division (B)(2) of section 3301.0710 of the
Revised Code at least the required passing composite score,
designated under division (C)(1) of section 3301.0712 of the
Revised Code, except to the extent that the person is excused from
some portion of that assessment system pursuant to section
3313.532 of the Revised Code or division (H) or (L) of this
section.
(3) The person is not eligible to receive an honors diploma
granted pursuant to division (B) of this section.
Except as provided in divisions (C), (E), (J), and (L) of
this section, no diploma shall be granted under this division to
anyone except as provided under this division.
(B) In lieu of a diploma granted under division (A) of this
section, an honors diploma shall be granted, in accordance with
rules of the state board, by any such district board to anyone who
accomplishes all of the following:
(1) Successfully completes the curriculum in any high school
or the individualized education program developed for the person
by any high school pursuant to section 3323.08 of the Revised
Code;
(2) Subject to section 3313.614 of the Revised Code, has met
the assessment requirements of division (B)(2)(a) or (b) of this
section, as applicable.
(a) If the person entered the ninth grade prior to the date
prescribed by rule of the state board of education under division
(E)(D)(2) of section 3301.0712 of the Revised Code, the person
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments required by that division;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division
(E)(D)(2) of section 3301.0712 of the Revised Code, the person has
attained on
met the requirements of the entire assessment system
prescribed under division (B)(2) of section 3301.0710 of the
Revised Code at least the required passing composite score,
designated under division (C)(1) of section 3301.0712 of the
Revised Code.
(3) Has met additional criteria established by the state
board for the granting of such a diploma.
An honors diploma shall not be granted to a student who is
subject to the Ohio core curriculum prescribed in division (C) of
section 3313.603 of the Revised Code but elects the option of
division (D) or (F) of that section. Except as provided in
divisions (C), (E), and (J) of this section, no honors diploma
shall be granted to anyone failing to comply with this division
and no more than one honors diploma shall be granted to any
student under this division.
The state board shall adopt rules prescribing the granting of
honors diplomas under this division. These rules may prescribe the
granting of honors diplomas that recognize a student's achievement
as a whole or that recognize a student's achievement in one or
more specific subjects or both. The rules may prescribe the
granting of an honors diploma recognizing technical expertise for
a career-technical student. In any case, the rules shall designate
two or more criteria for the granting of each type of honors
diploma the board establishes under this division and the number
of such criteria that must be met for the granting of that type of
diploma. The number of such criteria for any type of honors
diploma shall be at least one less than the total number of
criteria designated for that type and no one or more particular
criteria shall be required of all persons who are to be granted
that type of diploma.
(C) Any district board administering any of the assessments
required by section 3301.0710 of the Revised Code to any person
requesting to take such assessment pursuant to division (B)(8)(b)
of section 3301.0711 of the Revised Code shall award a diploma to
such person if the person attains at least the applicable scores
designated under division (B)(1) of section 3301.0710 of the
Revised Code on all the assessments administered and if the person
has previously attained the applicable scores on all the other
assessments required by division (B)(1) of that section or has
been exempted or excused from attaining the applicable score on
any such assessment pursuant to division (H) or (L) of this
section or from taking any such assessment pursuant to section
3313.532 of the Revised Code.
(D) Each diploma awarded under this section shall be signed
by the president and treasurer of the issuing board, the
superintendent of schools, and the principal of the high school.
Each diploma shall bear the date of its issue, be in such form as
the district board prescribes, and be paid for out of the
district's general fund.
(E) A person who is a resident of Ohio and is eligible under
state board of education minimum standards to receive a high
school diploma based in whole or in part on credits earned while
an inmate of a correctional institution operated by the state or
any political subdivision thereof, shall be granted such diploma
by the correctional institution operating the programs in which
such credits were earned, and by the board of education of the
school district in which the inmate resided immediately prior to
the inmate's placement in the institution. The diploma granted by
the correctional institution shall be signed by the director of
the institution, and by the person serving as principal of the
institution's high school and shall bear the date of issue.
(F) Persons who are not residents of Ohio but who are inmates
of correctional institutions operated by the state or any
political subdivision thereof, and who are eligible under state
board of education minimum standards to receive a high school
diploma based in whole or in part on credits earned while an
inmate of the correctional institution, shall be granted a diploma
by the correctional institution offering the program in which the
credits were earned. The diploma granted by the correctional
institution shall be signed by the director of the institution and
by the person serving as principal of the institution's high
school and shall bear the date of issue.
(G) The state board of education shall provide by rule for
the administration of the assessments required by section
3301.0710 of the Revised Code to inmates of correctional
institutions.
(H) Any person to whom all of the following apply shall be
exempted from attaining the applicable score on the assessment in
social studies designated under division (B)(1) of section
3301.0710 of the Revised Code, any social studies end-of-course
examination required under division (B)(2) of that section if such
an exemption is prescribed by rule of the state board under
division (E)(D)(4) of section 3301.0712 of the Revised Code, or
the test in citizenship designated under former division (B) of
section 3301.0710 of the Revised Code as it existed prior to
September 11, 2001:
(1) The person is not a citizen of the United States;
(2) The person is not a permanent resident of the United
States;
(3) The person indicates no intention to reside in the United
States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this section
and section 3311.611 of the Revised Code do not apply to the board
of education of any joint vocational school district or any
cooperative education school district established pursuant to
divisions (A) to (C) of section 3311.52 of the Revised Code.
(J) Upon receipt of a notice under division (D) of section
3325.08 of division (D) of section 3328.25 of the Revised Code
that a student has received a diploma under that either section,
the board of education receiving the notice may grant a high
school diploma under this section to the student, except that such
board shall grant the student a diploma if the student meets the
graduation requirements that the student would otherwise have had
to meet to receive a diploma from the district. The diploma
granted under this section shall be of the same type the notice
indicates the student received under section 3325.08 or 3328.25 of
the Revised Code.
(K) As used in this division, "limited English proficient
student" has the same meaning as in division (C)(3) of section
3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or attained the composite
score designated for met the requirements of the assessments
required by division (B)(2) of that section, shall be awarded a
diploma under this section.
(L) Any student described by division (A)(1) of this section
may be awarded a diploma without attaining the applicable scores
designated on the assessments prescribed under division (B) of
section 3301.0710 of the Revised Code provided an individualized
education program specifically exempts the student from attaining
such scores. This division does not negate the requirement for
such a student to take all such assessments or alternate
assessments required by division (C)(1) of section 3301.0711 of
the Revised Code for the purpose of assessing student progress as
required by federal law.
Sec. 3313.611. (A) The state board of education shall adopt,
by rule, standards for awarding high school credit equivalent to
credit for completion of high school academic and vocational
education courses to applicants for diplomas under this section.
The standards may permit high school credit to be granted to an
applicant for any of the following:
(1) Work experiences or experiences as a volunteer;
(2) Completion of academic, vocational, or self-improvement
courses offered to persons over the age of twenty-one by a
chartered public or nonpublic school;
(3) Completion of academic, vocational, or self-improvement
courses offered by an organization, individual, or educational
institution other than a chartered public or nonpublic school;
(4) Other life experiences considered by the board to provide
knowledge and learning experiences comparable to that gained in a
classroom setting.
(B) The board of education of any city, exempted village, or
local school district that operates a high school shall grant a
diploma of adult education to any applicant if all of the
following apply:
(1) The applicant is a resident of the district;
(2) The applicant is over the age of twenty-one and has not
been issued a diploma as provided in section 3313.61 of the
Revised Code;
(3) Subject to section 3313.614 of the Revised Code, the
applicant has met the assessment requirements of division
(B)(3)(a) or (b) of this section, as applicable.
(a) Prior to the date prescribed by rule of the state board
under division (E)(D)(3) of section 3301.0712 of the Revised Code,
the applicant either:
(i) Has attained the applicable scores designated under
division (B)(1) of section 3301.0710 of the Revised Code on all of
the assessments required by that division or was excused or
exempted from any such assessment pursuant to section 3313.532 or
was exempted from attaining the applicable score on any such
assessment pursuant to division (H) or (L) of section 3313.61 of
the Revised Code;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) On or after the date prescribed by rule of the state
board under division
(E)(D)(3) of section 3301.0712 of the
Revised Code, has attained on
met the requirements of the entire
assessment system prescribed under division (B)(2) of section
3301.0710 of the Revised Code at least the required passing
composite score, designated under division (C)(1) of section
3301.0712 of the Revised Code, except and only to the extent that
the applicant is excused from some portion of that assessment
system pursuant to section 3313.532 of the Revised Code or
division (H) or (L) of section 3313.61 of the Revised Code.
(4) The district board determines, in accordance with the
standards adopted under division (A) of this section, that the
applicant has attained sufficient high school credits, including
equivalent credits awarded under such standards, to qualify as
having successfully completed the curriculum required by the
district for graduation.
(C) If a district board determines that an applicant is not
eligible for a diploma under division (B) of this section, it
shall inform the applicant of the reason the applicant is
ineligible and shall provide a list of any courses required for
the diploma for which the applicant has not received credit. An
applicant may reapply for a diploma under this section at any
time.
(D) If a district board awards an adult education diploma
under this section, the president and treasurer of the board and
the superintendent of schools shall sign it. Each diploma shall
bear the date of its issuance, be in such form as the district
board prescribes, and be paid for from the district's general
fund, except that the state board may by rule prescribe standard
language to be included on each diploma.
(E) As used in this division, "limited English proficient
student" has the same meaning as in division (C)(3) of section
3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or attained the composite
score designated for has not met the requirements of the
assessments required by division (B)(2) of that section, shall be
awarded a diploma under this section.
Sec. 3313.612. (A) No nonpublic school chartered by the
state board of education shall grant a high school diploma to any
person unless, subject to section 3313.614 of the Revised Code,
the person has met the assessment requirements of division (A)(1)
or (2) of this section, as applicable.
(1) If the person entered the ninth grade prior to the date
prescribed by rule of the state board under division
(E)(D)(2) of
section 3301.0712 of the Revised Code, the person has attained at
least the applicable scores designated under division (B)(1) of
section 3301.0710 of the Revised Code on all the assessments
required by that division, or has satisfied the alternative
conditions prescribed in section 3313.615 of the Revised Code.
(2) If the person entered the ninth grade on or after the
date prescribed by rule of the state board under division (E)(2)
of section 3301.0712 of the Revised Code, the person has
attained
on
met the requirements of the entire assessment system
prescribed under division (B)(2) of section 3301.0710 of the
Revised Code at least the required passing composite score,
designated under division (C)(1) of section 3301.0712 of the
Revised Code.
(B) This section does not apply to either of the following:
(1) Any person with regard to any assessment from which the
person was excused pursuant to division (C)(1)(c) of section
3301.0711 of the Revised Code;
(2) Any person with regard to the social studies assessment
under division (B)(1) of section 3301.0710 of the Revised Code,
any social studies end-of-course examination required under
division (B)(2) of that section if such an exemption is prescribed
by rule of the state board of education under division (E)(D)(4)
of section 3301.0712 of the Revised Code, or the citizenship test
under former division (B) of section 3301.0710 of the Revised Code
as it existed prior to September 11, 2001, if all of the following
apply:
(a) The person is not a citizen of the United States;
(b) The person is not a permanent resident of the United
States;
(c) The person indicates no intention to reside in the United
States after completion of high school.
(C) As used in this division, "limited English proficient
student" has the same meaning as in division (C)(3) of section
3301.0711 of the Revised Code.
Notwithstanding division (C)(3) of section 3301.0711 of the
Revised Code, no limited English proficient student who has not
either attained the applicable scores designated under division
(B)(1) of section 3301.0710 of the Revised Code on all the
assessments required by that division, or attained the composite
score designated for met the requirements of the assessments
required by under division (B)(2) of that section, shall be
awarded a diploma under this section.
Sec. 3313.614. (A) As used in this section, a person
"fulfills the curriculum requirement for a diploma" at the time
one of the following conditions is satisfied:
(1) The person successfully completes the high school
curriculum of a school district, a community school, a chartered
nonpublic school, or a correctional institution.
(2) The person successfully completes the individualized
education program developed for the person under section 3323.08
of the Revised Code.
(3) A board of education issues its determination under
section 3313.611 of the Revised Code that the person qualifies as
having successfully completed the curriculum required by the
district.
(B) This division specifies the assessment requirements that
must be fulfilled as a condition toward granting high school
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08
of the Revised Code.
(1) A person who fulfills the curriculum requirement for a
diploma before September 15, 2000, is not required to pass any
proficiency test or achievement test in science as a condition to
receiving a diploma.
(2) A person who began ninth grade prior to July 1, 2003, is
not required to pass the Ohio graduation test prescribed under
division (B)(1) of section 3301.0710 or any assessment prescribed
under division (B)(2) of that section in any subject as a
condition to receiving a diploma once the person has passed the
ninth grade proficiency test in the same subject, so long as the
person passed the ninth grade proficiency test prior to September
15, 2008. However, any such person who passes the Ohio graduation
test in any subject prior to passing the ninth grade proficiency
test in the same subject shall be deemed to have passed the ninth
grade proficiency test in that subject as a condition to receiving
a diploma. For this purpose, the ninth grade proficiency test in
citizenship substitutes for the Ohio graduation test in social
studies. If a person began ninth grade prior to July 1, 2003, but
does not pass a ninth grade proficiency test or the Ohio
graduation test in a particular subject before September 15, 2008,
and passage of a test in that subject is a condition for the
person to receive a diploma, the person must pass the Ohio
graduation test instead of the ninth grade proficiency test in
that subject to receive a diploma.
(3) A person who begins ninth grade on or after July 1, 2003,
in a school district, community school, or chartered nonpublic
school is not eligible to receive a diploma based on passage of
ninth grade proficiency tests. Each such person who begins ninth
grade prior to the date prescribed by the state board of education
under division (E)(D)(5) of section 3301.0712 of the Revised Code
must pass Ohio graduation tests to meet the assessment
requirements applicable to that person as a condition to receiving
a diploma.
(4) A person who begins ninth grade on or after the date
prescribed by the state board of education under division
(E)(D)(5) of section 3301.0712 of the Revised Code is not eligible
to receive a diploma based on passage of the Ohio graduation
tests. Each such person must attain on meet the requirements of
the entire assessment system prescribed under division (B)(2) of
section 3301.0710 of the Revised Code at least the required
passing composite score, designated under division (C)(1) of
section 3301.0712 of the Revised Code.
(C) This division specifies the curriculum requirement that
shall be completed as a condition toward granting high school
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08
of the Revised Code.
(1) A person who is under twenty-two years of age, or under
thirty years of age for a person enrolled under section 3314.38 of
the Revised Code in a dropout prevention and recovery program
operated by a community school, when the person fulfills the
curriculum requirement for a diploma shall complete the curriculum
required by the school district or school issuing the diploma for
the first year that the person originally enrolled in high school,
except for a person who qualifies for graduation from high school
under either division (D) or (F) of section 3313.603 of the
Revised Code.
(2) Once a person fulfills the curriculum requirement for a
diploma, the person is never required, as a condition of receiving
a diploma, to meet any different curriculum requirements that take
effect pending the person's passage of proficiency tests or
achievement tests or assessments, including changes mandated by
section 3313.603 of the Revised Code, the state board, a school
district board of education, or a governing authority of a
community school or chartered nonpublic school.
Sec. 3313.617. (A) When a person who is at least sixteen
years of age but less than nineteen years of age applies to the
department of education to take the tests of general educational
development, the person shall submit with the application written
approval from the superintendent of the school district in which
the person was last enrolled, or the superintendent's designee,
except that if the person was last enrolled in a community school
established under Chapter 3314. of the Revised Code or a science,
technology, engineering, and mathematics school established under
Chapter 3326. of the Revised Code, the approval shall be from the
principal of the school, or the principal's designee. The
department may require the person also to submit written approval
from the person's parent or guardian or a court official, if the
person is younger than eighteen years of age.
(B) For the purpose of calculating graduation rates for the
school district report cards under section 3302.03 of the Revised
Code, the department shall count any person for whom approval is
obtained from the superintendent or principal, or a designee,
under division (A) of this section as a dropout from the district
in which the person was last enrolled prior to obtaining the
approval.
Sec. 3313.64. (A) As used in this section and in section
3313.65 of the Revised Code:
(1)(a) Except as provided in division (A)(1)(b) of this
section, "parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian of the child. When a child
is in the legal custody of a government agency or a person other
than the child's natural or adoptive parent, "parent" means the
parent with residual parental rights, privileges, and
responsibilities. When a child is in the permanent custody of a
government agency or a person other than the child's natural or
adoptive parent, "parent" means the parent who was divested of
parental rights and responsibilities for the care of the child and
the right to have the child live with the parent and be the legal
custodian of the child and all residual parental rights,
privileges, and responsibilities.
(b) When a child is the subject of a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code,
"parent" means the grandparent designated as attorney in fact
under the power of attorney. When a child is the subject of a
caretaker authorization affidavit executed under sections 3109.64
to 3109.73 of the Revised Code, "parent" means the grandparent
that executed the affidavit.
(2) "Legal custody," "permanent custody," and "residual
parental rights, privileges, and responsibilities" have the same
meanings as in section 2151.011 of the Revised Code.
(3) "School district" or "district" means a city, local, or
exempted village school district and excludes any school operated
in an institution maintained by the department of youth services.
(4) Except as used in division (C)(2) of this section, "home"
means a home, institution, foster home, group home, or other
residential facility in this state that receives and cares for
children, to which any of the following applies:
(a) The home is licensed, certified, or approved for such
purpose by the state or is maintained by the department of youth
services.
(b) The home is operated by a person who is licensed,
certified, or approved by the state to operate the home for such
purpose.
(c) The home accepted the child through a placement by a
person licensed, certified, or approved to place a child in such a
home by the state.
(d) The home is a children's home created under section
5153.21 or 5153.36 of the Revised Code.
(5) "Agency" means all of the following:
(a) A public children services agency;
(b) An organization that holds a certificate issued by the
Ohio department of job and family services in accordance with the
requirements of section 5103.03 of the Revised Code and assumes
temporary or permanent custody of children through commitment,
agreement, or surrender, and places children in family homes for
the purpose of adoption;
(c) Comparable agencies of other states or countries that
have complied with applicable requirements of section 2151.39 of
the Revised Code or as applicable, sections 5103.20 to 5103.22 or
5103.23 to 5103.237 of the Revised Code.
(6) A child is placed for adoption if either of the following
occurs:
(a) An agency to which the child has been permanently
committed or surrendered enters into an agreement with a person
pursuant to section 5103.16 of the Revised Code for the care and
adoption of the child.
(b) The child's natural parent places the child pursuant to
section 5103.16 of the Revised Code with a person who will care
for and adopt the child.
(7) "Preschool child with a disability" has the same meaning
as in section 3323.01 of the Revised Code.
(8) "Child," unless otherwise indicated, includes preschool
children with disabilities.
(9) "Active duty" means active duty pursuant to an executive
order of the president of the United States, an act of the
congress of the United States, or section 5919.29 or 5923.21 of
the Revised Code.
(B) Except as otherwise provided in section 3321.01 of the
Revised Code for admittance to kindergarten and first grade, a
child who is at least five but under twenty-two years of age and
any preschool child with a disability shall be admitted to school
as provided in this division.
(1) A child shall be admitted to the schools of the school
district in which the child's parent resides.
(2) A child who does not reside in the district where the
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following
applies:
(a) The child is in the legal or permanent custody of a
government agency or a person other than the child's natural or
adoptive parent.
(b) The child resides in a home.
(c) The child requires special education.
(3) A child who is not entitled under division (B)(2) of this
section to be admitted to the schools of the district where the
child resides and who is residing with a resident of this state
with whom the child has been placed for adoption shall be admitted
to the schools of the district where the child resides unless
either of the following applies:
(a) The placement for adoption has been terminated.
(b) Another school district is required to admit the child
under division (B)(1) of this section.
Division (B) of this section does not prohibit the board of
education of a school district from placing a child with a
disability who resides in the district in a special education
program outside of the district or its schools in compliance with
Chapter 3323. of the Revised Code.
(C) A district shall not charge tuition for children admitted
under division (B)(1) or (3) of this section. If the district
admits a child under division (B)(2) of this section, tuition
shall be paid to the district that admits the child as provided in
divisions (C)(1) to (3) of this section, unless division (C)(4) of
this section applies to the child:
(1) If the child receives special education in accordance
with Chapter 3323. of the Revised Code, the school district of
residence, as defined in section 3323.01 of the Revised Code,
shall pay tuition for the child in accordance with section
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code
regardless of who has custody of the child or whether the child
resides in a home.
(2) For a child that does not receive special education in
accordance with Chapter 3323. of the Revised Code, except as
otherwise provided in division (C)(2)(d) of this section, if the
child is in the permanent or legal custody of a government agency
or person other than the child's parent, tuition shall be paid by:
(a) The district in which the child's parent resided at the
time the court removed the child from home or at the time the
court vested legal or permanent custody of the child in the person
or government agency, whichever occurred first;
(b) If the parent's residence at the time the court removed
the child from home or placed the child in the legal or permanent
custody of the person or government agency is unknown, tuition
shall be paid by the district in which the child resided at the
time the child was removed from home or placed in legal or
permanent custody, whichever occurred first;
(c) If a school district cannot be established under division
(C)(2)(a) or (b) of this section, tuition shall be paid by the
district determined as required by section 2151.362 of the Revised
Code by the court at the time it vests custody of the child in the
person or government agency;
(d) If at the time the court removed the child from home or
vested legal or permanent custody of the child in the person or
government agency, whichever occurred first, one parent was in a
residential or correctional facility or a juvenile residential
placement and the other parent, if living and not in such a
facility or placement, was not known to reside in this state,
tuition shall be paid by the district determined under division
(D) of section 3313.65 of the Revised Code as the district
required to pay any tuition while the parent was in such facility
or placement;
(e) If the department of education has determined, pursuant
to division (A)(2) of section 2151.362 of the Revised Code, that a
school district other than the one named in the court's initial
order, or in a prior determination of the department, is
responsible to bear the cost of educating the child, the district
so determined shall be responsible for that cost.
(3) If the child is not in the permanent or legal custody of
a government agency or person other than the child's parent and
the child resides in a home, tuition shall be paid by one of the
following:
(a) The school district in which the child's parent resides;
(b) If the child's parent is not a resident of this state,
the home in which the child resides.
(4) Division (C)(4) of this section applies to any child who
is admitted to a school district under division (B)(2) of this
section, resides in a home that is not a foster home or a home
maintained by the department of youth services, receives
educational services at the home in which the child resides
pursuant to a contract between the home and the school district
providing those services, and does not receive special education.
In the case of a child to which division (C)(4) of this
section applies, the total educational cost to be paid for the
child shall be determined by a formula approved by the department
of education, which formula shall be designed to calculate a per
diem cost for the educational services provided to the child for
each day the child is served and shall reflect the total actual
cost incurred in providing those services. The department shall
certify the total educational cost to be paid for the child to
both the school district providing the educational services and,
if different, the school district that is responsible to pay
tuition for the child. The department shall deduct the certified
amount from the state basic aid funds payable under Chapter 3317.
of the Revised Code to the district responsible to pay tuition and
shall pay that amount to the district providing the educational
services to the child.
(D) Tuition required to be paid under divisions (C)(2) and
(3)(a) of this section shall be computed in accordance with
section 3317.08 of the Revised Code. Tuition required to be paid
under division (C)(3)(b) of this section shall be computed in
accordance with section 3317.081 of the Revised Code. If a home
fails to pay the tuition required by division (C)(3)(b) of this
section, the board of education providing the education may
recover in a civil action the tuition and the expenses incurred in
prosecuting the action, including court costs and reasonable
attorney's fees. If the prosecuting attorney or city director of
law represents the board in such action, costs and reasonable
attorney's fees awarded by the court, based upon the prosecuting
attorney's, director's, or one of their designee's time spent
preparing and presenting the case, shall be deposited in the
county or city general fund.
(E) A board of education may enroll a child free of any
tuition obligation for a period not to exceed sixty days, on the
sworn statement of an adult resident of the district that the
resident has initiated legal proceedings for custody of the child.
(F) In the case of any individual entitled to attend school
under this division, no tuition shall be charged by the school
district of attendance and no other school district shall be
required to pay tuition for the individual's attendance.
Notwithstanding division (B), (C), or (E) of this section:
(1) All persons at least eighteen but under twenty-two years
of age who live apart from their parents, support themselves by
their own labor, and have not successfully completed the high
school curriculum or the individualized education program
developed for the person by the high school pursuant to section
3323.08 of the Revised Code, are entitled to attend school in the
district in which they reside.
(2) Any child under eighteen years of age who is married is
entitled to attend school in the child's district of residence.
(3) A child is entitled to attend school in the district in
which either of the child's parents is employed if the child has a
medical condition that may require emergency medical attention.
The parent of a child entitled to attend school under division
(F)(3) of this section shall submit to the board of education of
the district in which the parent is employed a statement from the
child's physician certifying that the child's medical condition
may require emergency medical attention. The statement shall be
supported by such other evidence as the board may require.
(4) Any child residing with a person other than the child's
parent is entitled, for a period not to exceed twelve months, to
attend school in the district in which that person resides if the
child's parent files an affidavit with the superintendent of the
district in which the person with whom the child is living resides
stating all of the following:
(a) That the parent is serving outside of the state in the
armed services of the United States;
(b) That the parent intends to reside in the district upon
returning to this state;
(c) The name and address of the person with whom the child is
living while the parent is outside the state.
(5) Any child under the age of twenty-two years who, after
the death of a parent, resides in a school district other than the
district in which the child attended school at the time of the
parent's death is entitled to continue to attend school in the
district in which the child attended school at the time of the
parent's death for the remainder of the school year, subject to
approval of that district board.
(6) A child under the age of twenty-two years who resides
with a parent who is having a new house built in a school district
outside the district where the parent is residing is entitled to
attend school for a period of time in the district where the new
house is being built. In order to be entitled to such attendance,
the parent shall provide the district superintendent with the
following:
(a) A sworn statement explaining the situation, revealing the
location of the house being built, and stating the parent's
intention to reside there upon its completion;
(b) A statement from the builder confirming that a new house
is being built for the parent and that the house is at the
location indicated in the parent's statement.
(7) A child under the age of twenty-two years residing with a
parent who has a contract to purchase a house in a school district
outside the district where the parent is residing and who is
waiting upon the date of closing of the mortgage loan for the
purchase of such house is entitled to attend school for a period
of time in the district where the house is being purchased. In
order to be entitled to such attendance, the parent shall provide
the district superintendent with the following:
(a) A sworn statement explaining the situation, revealing the
location of the house being purchased, and stating the parent's
intent to reside there;
(b) A statement from a real estate broker or bank officer
confirming that the parent has a contract to purchase the house,
that the parent is waiting upon the date of closing of the
mortgage loan, and that the house is at the location indicated in
the parent's statement.
The district superintendent shall establish a period of time
not to exceed ninety days during which the child entitled to
attend school under division (F)(6) or (7) of this section may
attend without tuition obligation. A student attending a school
under division (F)(6) or (7) of this section shall be eligible to
participate in interscholastic athletics under the auspices of
that school, provided the board of education of the school
district where the student's parent resides, by a formal action,
releases the student to participate in interscholastic athletics
at the school where the student is attending, and provided the
student receives any authorization required by a public agency or
private organization of which the school district is a member
exercising authority over interscholastic sports.
(8) A child whose parent is a full-time employee of a city,
local, or exempted village school district, or of an educational
service center, may be admitted to the schools of the district
where the child's parent is employed, or in the case of a child
whose parent is employed by an educational service center, in the
district that serves the location where the parent's job is
primarily located, provided the district board of education
establishes such an admission policy by resolution adopted by a
majority of its members. Any such policy shall take effect on the
first day of the school year and the effective date of any
amendment or repeal may not be prior to the first day of the
subsequent school year. The policy shall be uniformly applied to
all such children and shall provide for the admission of any such
child upon request of the parent. No child may be admitted under
this policy after the first day of classes of any school year.
(9) A child who is with the child's parent under the care of
a shelter for victims of domestic violence, as defined in section
3113.33 of the Revised Code, is entitled to attend school free in
the district in which the child is with the child's parent, and no
other school district shall be required to pay tuition for the
child's attendance in that school district.
The enrollment of a child in a school district under this
division shall not be denied due to a delay in the school
district's receipt of any records required under section 3313.672
of the Revised Code or any other records required for enrollment.
Any days of attendance and any credits earned by a child while
enrolled in a school district under this division shall be
transferred to and accepted by any school district in which the
child subsequently enrolls. The state board of education shall
adopt rules to ensure compliance with this division.
(10) Any child under the age of twenty-two years whose parent
has moved out of the school district after the commencement of
classes in the child's senior year of high school is entitled,
subject to the approval of that district board, to attend school
in the district in which the child attended school at the time of
the parental move for the remainder of the school year and for one
additional semester or equivalent term. A district board may also
adopt a policy specifying extenuating circumstances under which a
student may continue to attend school under division (F)(10) of
this section for an additional period of time in order to
successfully complete the high school curriculum for the
individualized education program developed for the student by the
high school pursuant to section 3323.08 of the Revised Code.
(11) As used in this division, "grandparent" means a parent
of a parent of a child. A child under the age of twenty-two years
who is in the custody of the child's parent, resides with a
grandparent, and does not require special education is entitled to
attend the schools of the district in which the child's
grandparent resides, provided that, prior to such attendance in
any school year, the board of education of the school district in
which the child's grandparent resides and the board of education
of the school district in which the child's parent resides enter
into a written agreement specifying that good cause exists for
such attendance, describing the nature of this good cause, and
consenting to such attendance.
In lieu of a consent form signed by a parent, a board of
education may request the grandparent of a child attending school
in the district in which the grandparent resides pursuant to
division (F)(11) of this section to complete any consent form
required by the district, including any authorization required by
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised
Code. Upon request, the grandparent shall complete any consent
form required by the district. A school district shall not incur
any liability solely because of its receipt of a consent form from
a grandparent in lieu of a parent.
Division (F)(11) of this section does not create, and shall
not be construed as creating, a new cause of action or substantive
legal right against a school district, a member of a board of
education, or an employee of a school district. This section does
not affect, and shall not be construed as affecting, any
immunities from defenses to tort liability created or recognized
by Chapter 2744. of the Revised Code for a school district,
member, or employee.
(12) A child under the age of twenty-two years is entitled to
attend school in a school district other than the district in
which the child is entitled to attend school under division (B),
(C), or (E) of this section provided that, prior to such
attendance in any school year, both of the following occur:
(a) The superintendent of the district in which the child is
entitled to attend school under division (B), (C), or (E) of this
section contacts the superintendent of another district for
purposes of this division;
(b) The superintendents of both districts enter into a
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's
physical or mental well-being or to deal with other extenuating
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a
student who is not receiving special education under Chapter 3323.
of the Revised Code and notwithstanding Chapter 3327. of the
Revised Code, the board of education of neither school district
involved in the agreement is required to provide transportation
for the student to and from the school where the student attends.
A student attending a school of a district pursuant to this
division shall be allowed to participate in all student
activities, including interscholastic athletics, at the school
where the student is attending on the same basis as any student
who has always attended the schools of that district while of
compulsory school age.
(13) All school districts shall comply with the
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et
seq., for the education of homeless children. Each city, local,
and exempted village school district shall comply with the
requirements of that act governing the provision of a free,
appropriate public education, including public preschool, to each
homeless child.
When a child loses permanent housing and becomes a homeless
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is
such a homeless person changes temporary living arrangements, the
child's parent or guardian shall have the option of enrolling the
child in either of the following:
(a) The child's school of origin, as defined in 42 U.S.C.A.
11432(g)(3)(C);
(b) The school that is operated by the school district in
which the shelter where the child currently resides is located and
that serves the geographic area in which the shelter is located.
(14) A child under the age of twenty-two years who resides
with a person other than the child's parent is entitled to attend
school in the school district in which that person resides if both
of the following apply:
(a) That person has been appointed, through a military power
of attorney executed under section 574(a) of the "National Defense
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10
U.S.C. 1044b, or through a comparable document necessary to
complete a family care plan, as the parent's agent for the care,
custody, and control of the child while the parent is on active
duty as a member of the national guard or a reserve unit of the
armed forces of the United States or because the parent is a
member of the armed forces of the United States and is on a duty
assignment away from the parent's residence.
(b) The military power of attorney or comparable document
includes at least the authority to enroll the child in school.
The entitlement to attend school in the district in which the
parent's agent under the military power of attorney or comparable
document resides applies until the end of the school year in which
the military power of attorney or comparable document expires.
(G) A board of education, after approving admission, may
waive tuition for students who will temporarily reside in the
district and who are either of the following:
(1) Residents or domiciliaries of a foreign nation who
request admission as foreign exchange students;
(2) Residents or domiciliaries of the United States but not
of Ohio who request admission as participants in an exchange
program operated by a student exchange organization.
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,
3327.04, and 3327.06 of the Revised Code, a child may attend
school or participate in a special education program in a school
district other than in the district where the child is entitled to
attend school under division (B) of this section.
(I)(1) Notwithstanding anything to the contrary in this
section or section 3313.65 of the Revised Code, a child under
twenty-two years of age may attend school in the school district
in which the child, at the end of the first full week of October
of the school year, was entitled to attend school as otherwise
provided under this section or section 3313.65 of the Revised
Code, if at that time the child was enrolled in the schools of the
district but since that time the child or the child's parent has
relocated to a new address located outside of that school district
and within the same county as the child's or parent's address
immediately prior to the relocation. The child may continue to
attend school in the district, and at the school to which the
child was assigned at the end of the first full week of October of
the current school year, for the balance of the school year.
Division (I)(1) of this section applies only if both of the
following conditions are satisfied:
(a) The board of education of the school district in which
the child was entitled to attend school at the end of the first
full week in October and of the district to which the child or
child's parent has relocated each has adopted a policy to enroll
children described in division (I)(1) of this section.
(b) The child's parent provides written notification of the
relocation outside of the school district to the superintendent of
each of the two school districts.
(2) At the beginning of the school year following the school
year in which the child or the child's parent relocated outside of
the school district as described in division (I)(1) of this
section, the child is not entitled to attend school in the school
district under that division.
(3) Any person or entity owing tuition to the school district
on behalf of the child at the end of the first full week in
October, as provided in division (C) of this section, shall
continue to owe such tuition to the district for the child's
attendance under division (I)(1) of this section for the lesser of
the balance of the school year or the balance of the time that the
child attends school in the district under division (I)(1) of this
section.
(4) A pupil who may attend school in the district under
division (I)(1) of this section shall be entitled to
transportation services pursuant to an agreement between the
district and the district in which the child or child's parent has
relocated unless the districts have not entered into such
agreement, in which case the child shall be entitled to
transportation services in the same manner as a pupil attending
school in the district under interdistrict open enrollment as
described in division (H) of section 3313.981 of the Revised Code,
regardless of whether the district has adopted an open enrollment
policy as described in division (B)(1)(b) or (c) of section
3313.98 of the Revised Code.
(J) This division does not apply to a child receiving special
education.
A school district required to pay tuition pursuant to
division (C)(2) or (3) of this section or section 3313.65 of the
Revised Code shall have an amount deducted under division
(F)(C)
of section 3317.023 of the Revised Code equal to its own tuition
rate for the same period of attendance. A school district entitled
to receive tuition pursuant to division (C)(2) or (3) of this
section or section 3313.65 of the Revised Code shall have an
amount credited under division (F)(C) of section 3317.023 of the
Revised Code equal to its own tuition rate for the same period of
attendance. If the tuition rate credited to the district of
attendance exceeds the rate deducted from the district required to
pay tuition, the department of education shall pay the district of
attendance the difference from amounts deducted from all
districts' payments under division (F)(C) of section 3317.023 of
the Revised Code but not credited to other school districts under
such division and from appropriations made for such purpose. The
treasurer of each school district shall, by the fifteenth day of
January and July, furnish the superintendent of public instruction
a report of the names of each child who attended the district's
schools under divisions (C)(2) and (3) of this section or section
3313.65 of the Revised Code during the preceding six calendar
months, the duration of the attendance of those children, the
school district responsible for tuition on behalf of the child,
and any other information that the superintendent requires.
Upon receipt of the report the superintendent, pursuant to
division (F)(C) of section 3317.023 of the Revised Code, shall
deduct each district's tuition obligations under divisions (C)(2)
and (3) of this section or section 3313.65 of the Revised Code and
pay to the district of attendance that amount plus any amount
required to be paid by the state.
(K) In the event of a disagreement, the superintendent of
public instruction shall determine the school district in which
the parent resides.
(L) Nothing in this section requires or authorizes, or shall
be construed to require or authorize, the admission to a public
school in this state of a pupil who has been permanently excluded
from public school attendance by the superintendent of public
instruction pursuant to sections 3301.121 and 3313.662 of the
Revised Code.
(M) In accordance with division (B)(1) of this section, a
child whose parent is a member of the national guard or a reserve
unit of the armed forces of the United States and is called to
active duty, or a child whose parent is a member of the armed
forces of the United States and is ordered to a temporary duty
assignment outside of the district, may continue to attend school
in the district in which the child's parent lived before being
called to active duty or ordered to a temporary duty assignment
outside of the district, as long as the child's parent continues
to be a resident of that district, and regardless of where the
child lives as a result of the parent's active duty status or
temporary duty assignment. However, the district is not
responsible for providing transportation for the child if the
child lives outside of the district as a result of the parent's
active duty status or temporary duty assignment.
Sec. 3313.6410. This section applies to any school that is
operated by a school district and in which the enrolled students
work primarily on assignments in nonclassroom-based learning
opportunities provided via an internet- or other computer-based
instructional method.
(A) Any school to which this section applies shall withdraw
from the school any student who, for two consecutive school years,
has failed to participate in the spring administration of any
assessment prescribed under section 3301.0710 or 3301.0712 of the
Revised Code for the student's grade level and was not excused
from the assessment pursuant to division (C)(1) or (3) of section
3301.0711 of the Revised Code, regardless of whether a waiver was
granted for the student under division (E) of section 3317.03 of
the Revised Code. The school shall report any such student's data
verification code, as assigned pursuant to section 3301.0714 of
the Revised Code, to the department of education to be added to
the list maintained by the department under section 3314.26 of the
Revised Code.
(B) No school to which this section applies shall receive any
state funds under Chapter 3306. or 3317. of the Revised Code for
any enrolled student whose data verification code appears on the
list maintained by the department under section 3314.26 of the
Revised Code. Notwithstanding any provision of the Revised Code to
the contrary, the parent of any such student shall pay tuition to
the school district that operates the school in an amount equal to
the state funds the district otherwise would receive for that
student, as determined by the department. A school to which this
section applies may withdraw any student for whom the parent does
not pay tuition as required by this division.
Sec. 3313.65. (A) As used in this section and section
3313.64 of the Revised Code:
(1) A person is "in a residential facility" if the person is
a resident or a resident patient of an institution, home, or other
residential facility that is:
(a) Licensed as a nursing home, residential care facility, or
home for the aging by the director of health under section 3721.02
of the Revised Code;
(b) Licensed as an adult care facility by the director of
mental health under Chapter 3722. sections 5119.70 to 5119.88 of
the Revised Code;
(c) Maintained as a county home or district home by the board
of county commissioners or a joint board of county commissioners
under Chapter 5155. of the Revised Code;
(d) Operated or administered by a board of alcohol, drug
addiction, and mental health services under section 340.03 or
340.06 of the Revised Code, or provides residential care pursuant
to contracts made under section 340.03 or 340.033 of the Revised
Code;
(e) Maintained as a state institution for the mentally ill
under Chapter 5119. of the Revised Code;
(f) Licensed by the department of mental health under section
5119.20 or 5119.22 of the Revised Code;
(g) Licensed as a residential facility by the department of
developmental disabilities under section 5123.19 of the Revised
Code;
(h) Operated by the veteran's administration or another
agency of the United States government;
(i) The Ohio soldiers' and sailors' home.
(2) A person is "in a correctional facility" if any of the
following apply:
(a) The person is an Ohio resident and is:
(i) Imprisoned, as defined in section 1.05 of the Revised
Code;
(ii) Serving a term in a community-based correctional
facility or a district community-based correctional facility;
(iii) Required, as a condition of parole, a post-release
control sanction, a community control sanction, transitional
control, or early release from imprisonment, as a condition of
shock parole or shock probation granted under the law in effect
prior to July 1, 1996, or as a condition of a furlough granted
under the version of section 2967.26 of the Revised Code in effect
prior to March 17, 1998, to reside in a halfway house or other
community residential center licensed under section 2967.14 of the
Revised Code or a similar facility designated by the court of
common pleas that established the condition or by the adult parole
authority.
(b) The person is imprisoned in a state correctional
institution of another state or a federal correctional institution
but was an Ohio resident at the time the sentence was imposed for
the crime for which the person is imprisoned.
(3) A person is "in a juvenile residential placement" if the
person is an Ohio resident who is under twenty-one years of age
and has been removed, by the order of a juvenile court, from the
place the person resided at the time the person became subject to
the court's jurisdiction in the matter that resulted in the
person's removal.
(4) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(5) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
(B) If the circumstances described in division (C) of this
section apply, the determination of what school district must
admit a child to its schools and what district, if any, is liable
for tuition shall be made in accordance with this section, rather
than section 3313.64 of the Revised Code.
(C) A child who does not reside in the school district in
which the child's parent resides and for whom a tuition obligation
previously has not been established under division (C)(2) of
section 3313.64 of the Revised Code shall be admitted to the
schools of the district in which the child resides if at least one
of the child's parents is in a residential or correctional
facility or a juvenile residential placement and the other parent,
if living and not in such a facility or placement, is not known to
reside in this state.
(D) Regardless of who has custody or care of the child,
whether the child resides in a home, or whether the child receives
special education, if a district admits a child under division (C)
of this section, tuition shall be paid to that district as
follows:
(1) If the child's parent is in a juvenile residential
placement, by the district in which the child's parent resided at
the time the parent became subject to the jurisdiction of the
juvenile court;
(2) If the child's parent is in a correctional facility, by
the district in which the child's parent resided at the time the
sentence was imposed;
(3) If the child's parent is in a residential facility, by
the district in which the parent resided at the time the parent
was admitted to the residential facility, except that if the
parent was transferred from another residential facility, tuition
shall be paid by the district in which the parent resided at the
time the parent was admitted to the facility from which the parent
first was transferred;
(4) In the event of a disagreement as to which school
district is liable for tuition under division (C)(1), (2), or (3)
of this section, the superintendent of public instruction shall
determine which district shall pay tuition.
(E) If a child covered by division (D) of this section
receives special education in accordance with Chapter 3323. of the
Revised Code, the tuition shall be paid in accordance with section
3323.13 or 3323.14 of the Revised Code. Tuition for children who
do not receive special education shall be paid in accordance with
division (J) of section 3313.64 of the Revised Code.
Sec. 3313.842. (A) The boards of education or governing
authorities of any two or more school districts or community
schools may enter into an agreement for joint or cooperative
establishment and operation of any educational program including
any class, course, or program that may be included in a school
district's or community school's graded course of study and staff
development programs for teaching and nonteaching school
employees. Each school district or community school that is party
to such an agreement may contribute funds of the district or
school in support of the agreement and for the establishment and
operation of any educational program established under the
agreement. The agreement shall designate one of the districts or
community schools as the district responsible for receiving and
disbursing the funds contributed by the districts that are parties
to the agreement.
(B) Notwithstanding sections 3313.48 and 3313.64 of the
Revised Code, any school district that is party to an agreement
for joint or cooperative establishment and operation of an
educational program may charge fees or tuition for students who
participate in the program and are entitled to attend school in
the district under section 3313.64 or 3313.65 of the Revised Code.
Except as otherwise provided in division (H) of section 3321.01 of
the Revised Code, no community school that is party to the
agreement shall charge fees or tuition for students who
participate in the program and are reported by the school under
division (B)(2) of section 3314.08 of the Revised Code.
Sec. 3313.843. (A) Notwithstanding division (D) of section
3311.52 of the Revised Code, this section does not apply to
either
of the following:
(1) Any any cooperative education school district;
(2) Any city or exempted village school district with a total
student count of thirteen thousand or more determined pursuant to
section 3317.03 of the Revised Code that has not entered into one
or more agreements pursuant to this section prior to July 1, 1993,
unless the district's total student count did not exceed thirteen
thousand at the time it entered into an initial agreement under
this section.
(B)(1) The board of education of a each city or, exempted
village, or local school district and with a student count of
sixteen thousand or less, as defined in section 3301.011 of the
Revised Code, shall enter into an agreement with the governing
board of an educational service center may enter into an
agreement, through adoption of identical resolutions, under which
the educational service center governing board will provide
services to the city or exempted village school district.
(2) The board of education of a city, exempted village, or
local school district with a student count of more than sixteen
thousand, as determined by its average daily membership, may enter
into an agreement with the governing board of an educational
service center, under which the educational service center
governing board will provide services to the district.
(3) Services provided under the an agreement entered into
under division (B)(1) or (2) of this section shall be specified in
the agreement, and may include any one or a combination of the
following: supervisory teachers; in-service and continuing
education programs for city or exempted village school district
personnel; curriculum services as provided to the local school
districts under the supervision of the service center governing
board; research and development programs; academic instruction for
which the governing board employs teachers pursuant to section
3319.02 of the Revised Code; and assistance in the provision of
special accommodations and classes for students with disabilities;
or any other services the district board and service center
governing board agree can be better provided by the service center
and are not provided under an agreement entered into under section
3313.845 of the Revised Code. Services included in the agreement
shall be provided to the city or exempted village district in the
same manner they are provided to local school districts under the
governing board's supervision, unless otherwise specified in the
agreement. The city or exempted village district board of
education shall reimburse the educational service center governing
board pursuant to section 3317.11 of the Revised Code.
(C) If an educational service center received funding under
division (B) of former section 3317.11 or division (F) of section
3317.11 of the Revised Code for an agreement under this section
involving a city school district whose total student count was
less than thirteen thousand, the service center may continue to
receive funding under that division for such an agreement in any
subsequent year if the city district's total student count exceeds
thirteen thousand. However, only the first thirteen thousand
pupils in the formula ADM of such district shall be included in
determining the amount of the per pupil subsidy the service center
shall receive under division (F) of section 3317.11 of the Revised
Code.
(D) Any agreement entered into pursuant to this section shall
be valid only if a copy is filed with the department of education
by the first day of July of the school year for which the
agreement is in effect.
(D)(1) An agreement for services from an educational service
center entered into under this section may be terminated by the
school district board of education, at its option, by notifying
the governing board of the service center by the first day of
January of any odd-numbered year thereafter, that the district
board intends to terminate the agreement in that year, and that
termination shall be effective on the thirtieth day of June of
that year. The failure of a district board to notify an
educational service center of its intent to terminate an agreement
by the first day of January of an odd-numbered year shall result
in renewal of the existing agreement for the following two school
years.
(2) If the school district that terminates an agreement for
services under division (D)(1) of this section is also subject to
the requirement of division (B)(1) of this section, the district
board shall enter into a new agreement with a different
educational service center so that the new agreement is effective
on the first day of July of that same year.
Sec. 3313.845. The board of education of a city, exempted
village, or local school district and the governing board of an
educational service center may enter into an agreement, through
adoption of identical resolutions, under which the educational
service center will provide services to the school district.
Services provided under the agreement and the amount to be paid
for such services shall be mutually agreed to by the district
board of education and the service center governing board, and
shall be specified in the agreement. Payment for services
specified in the agreement shall be made pursuant to division (D)
of section 3317.11 of the Revised Code and shall not include any
deduction under division (B), (C), or (F) of that section. Any
agreement entered into pursuant to this section shall be valid
only if a copy is filed with the department of education by the
first day of the school year for which the agreement is in effect.
The authority granted under this section to the boards of
education of city and, exempted village, and local school
districts is in addition to the authority granted to such boards
under section 3313.843 of the Revised Code. No city or exempted
village district that is eligible to receive services from an
educational service center under section 3313.843 of the Revised
Code may receive any of the services described in division (B) of
that section pursuant to an agreement entered into with an
educational service center under this section.
If a local school district enters into an agreement with an
educational service center under this section and the district is
not located within the territory of the service center, the
agreement shall not require the district to receive any
supervisory services described in division (B) of section 3317.11
of the Revised Code from the service center. The supervisory
services described in that section shall be provided to the
district by the educational service center of the territory in
which the district is located.
Sec. 3313.846. The governing board of an educational service
center may enter into a contract with any political subdivision as
defined in section 2744.01 of the Revised Code, not including
school districts, community schools, or STEM schools contracting
for services under section 3313.843, 3313.844, 3313.845, or
3326.45 of the Revised Code, under which the educational service
center will provide services to the political subdivision.
Services provided under the contract and the amount to be paid for
such services shall be mutually agreed to by the parties and shall
be specified in the contract. The political subdivision shall
directly pay an educational service center for services specified
in the contract. The board of the educational service center shall
file a copy of each contract entered into under this section with
the department of education by the first day the contract is in
effect.
Sec. 3313.88. (A)(1) Prior to the first day of August of
each school year, the board of education of any school district or
the governing authority of any chartered nonpublic school may
submit to the department of education a plan to require students
to access and complete classroom lessons posted on the district's
or nonpublic school's web portal or web site in order to make up
days in that school year on which it is necessary to close schools
for any of the reasons specified in division (B) of section
3317.01 of the Revised Code in excess of the number of days
permitted under sections 3313.48, 3313.481, and 3317.01 of the
Revised Code.
Prior to the first day of August of each school year, the
governing authority of any community school established under
Chapter 3314. that is not an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code, may
submit to the department a plan to require students to access and
complete classroom lessons posted on the school's web portal or
web site in order to make up days or hours in that school year on
which it is necessary to close the school for any of the reasons
specified in division (L)(4) of section 3314.08 of the Revised
Code so that the school is in compliance with the minimum number
of hours required under Chapter 3314. of the Revised Code.
A plan submitted by a school district board or chartered
nonpublic school governing authority shall provide for making up
any number of days, up to a maximum of three days. A plan
submitted by a community school governing authority shall provide
for making up any number of hours, up to a maximum of the
equivalent of three days. Provided the plan meets all requirements
of this section, the department shall permit the board or
governing authority to implement the plan for the applicable
school year.
(2) Each plan submitted under this section by a school
district board of education shall include the written consent of
the teachers' employee representative designated under division
(B) of section 4117.04 of the Revised Code.
(3) Each plan submitted under this section shall provide for
the following:
(a) Not later than the first day of November of the school
year, each classroom teacher shall develop a sufficient number of
lessons for each course taught by the teacher that school year to
cover the number of make-up days or hours specified in the plan.
The teacher shall designate the order in which the lessons are to
be posted on the district's, community school's, or nonpublic
school's web portal or web site in the event of a school closure.
Teachers may be granted up to one professional development day to
create lesson plans for those lessons.
(b) To the extent possible and necessary, a classroom teacher
shall update or replace, based on current instructional progress,
one or more of the lesson plans developed under division (A)(3)(a)
of this section before they are posted on the web portal or web
site under division (A)(3)(c) of this section or distributed under
division (B) of this section.
(c) As soon as practicable after a school closure, a district
or school employee responsible for web portal or web site
operations shall make the designated lessons available to students
on the district's, community school's, or nonpublic school's
portal or site. A lesson shall be posted for each course that was
scheduled to meet on the day or hours of the closure.
(d) Each student enrolled in a course for which a lesson is
posted on the portal or site shall be granted a two-week period
from the date of posting to complete the lesson. The student's
classroom teacher shall grade the lesson in the same manner as
other lessons. The student may receive an incomplete or failing
grade if the lesson is not completed on time.
(e) If a student does not have access to a computer at the
student's residence and the plan does not include blizzard bags
under division (B) of this section, the student shall be permitted
to work on the posted lessons at school after the student's school
reopens. If the lessons were posted prior to the reopening, the
student shall be granted a two-week period from the date of the
reopening, rather than from the date of posting as otherwise
required under division (A)(3)(d) of this section, to complete the
lessons. The district board or community school or nonpublic
school governing authority may provide the student access to a
computer before, during, or after the regularly scheduled school
day or may provide a substantially similar paper lesson in order
to complete the lessons.
(B)(1) In addition to posting classroom lessons online under
division (A) of this section, the board of education of any school
district or governing authority of any community or chartered
nonpublic school may include in the plan distribution of "blizzard
bags," which are paper copies of the lessons posted online.
(2) If a school opts to use blizzard bags, teachers shall
prepare paper copies in conjunction with the lessons to be posted
online and update the paper copies whenever the teacher updates
the online lesson plans.
(3) The board of education of any school district or
governing authority of any community or chartered nonpublic school
that opts to use blizzard bags shall specify in the plan the
method of distribution of blizzard bag lessons, which may include,
but not be limited to, requiring distribution by a specific
deadline or requiring distribution prior to anticipated school
closure as directed by the superintendent of a school district or
the principal, director, chief administrative officer, or the
equivalent, of a school.
(4) Students shall turn in completed lessons in accordance
with division (A)(3)(d) of this section.
(C)(1) No school district that implements a plan in
accordance with this section shall be considered to have failed to
comply with division (B) of section 3317.01 of the Revised Code
with respect to the number of make-up days specified in the plan.
(2) No community school that implements a plan in accordance
with this section shall be considered to have failed to comply
with the minimum number of hours required under Chapter 3314. of
the Revised Code with respect to the number of make-up hours
specified in the plan.
Sec. 3313.975. As used in this section and in sections
3313.975 to 3313.979 of the Revised Code, "the pilot project
school district" or "the district" means any school district
included in the pilot project scholarship program pursuant to this
section.
(A) The superintendent of public instruction shall establish
a pilot project scholarship program and shall include in such
program any school districts that are or have ever been under
federal court order requiring supervision and operational
management of the district by the state superintendent. The
program shall provide for a number of students residing in any
such district to receive scholarships to attend alternative
schools, and for an equal number of students to receive tutorial
assistance grants while attending public school in any such
district.
(B) The state superintendent shall establish an application
process and deadline for accepting applications from students
residing in the district to participate in the scholarship
program. In the initial year of the program students may only use
a scholarship to attend school in grades kindergarten through
third.
The state superintendent shall award as many scholarships and
tutorial assistance grants as can be funded given the amount
appropriated for the program. In no case, however, shall more than
fifty per cent of all scholarships awarded be used by students who
were enrolled in a nonpublic school during the school year of
application for a scholarship.
(C)(1) The pilot project program shall continue in effect
each year that the general assembly has appropriated sufficient
money to fund scholarships and tutorial assistance grants. In each
year the program continues, no new students may receive
scholarships unless they are enrolled in grades kindergarten to
eight twelve. However, any A student who has received a
scholarship the preceding year may continue to receive one until
the student has completed grade ten. Beginning in the 2005-2006
academic year, a student who previously has received a scholarship
may receive a scholarship in grade eleven. Beginning in the
2006-2007 academic year, a student who previously has received a
scholarship may receive a scholarship in grade twelve.
(2) If the general assembly discontinues the scholarship
program, all students who are attending an alternative school
under the pilot project shall be entitled to continued admittance
to that specific school through all grades that are provided in
such school, under the same conditions as when they were
participating in the pilot project. The state superintendent shall
continue to make scholarship payments in accordance with division
(A) or (B) of section 3313.979 of the Revised Code for students
who remain enrolled in an alternative school under this provision
in any year that funds have been appropriated for this purpose.
If funds are not appropriated, the tuition charged to the
parents of a student who remains enrolled in an alternative school
under this provision shall not be increased beyond the amount
equal to the amount of the scholarship plus any additional amount
charged that student's parent in the most recent year of
attendance as a participant in the pilot project, except that
tuition for all the students enrolled in such school may be
increased by the same percentage.
(D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of
the Revised Code, if the pilot project school district experiences
a decrease in enrollment due to participation in a state-sponsored
scholarship program pursuant to sections 3313.974 to 3313.979 of
the Revised Code, the district board of education may enter into
an agreement with any teacher it employs to provide to that
teacher severance pay or early retirement incentives, or both, if
the teacher agrees to terminate the employment contract with the
district board, provided any collective bargaining agreement in
force pursuant to Chapter 4117. of the Revised Code does not
prohibit such an agreement for termination of a teacher's
employment contract.
Sec. 3313.978. (A) Annually by the first day of November,
the superintendent of public instruction shall notify the pilot
project school district of the number of initial scholarships that
the state superintendent will be awarding in each of grades
kindergarten through eight twelve.
The state superintendent shall provide information about the
scholarship program to all students residing in the district,
shall accept applications from any such students until such date
as shall be established by the state superintendent as a deadline
for applications, and shall establish criteria for the selection
of students to receive scholarships from among all those applying
prior to the deadline, which criteria shall give preference to
students from low-income families. For each student selected, the
state superintendent shall also determine whether the student
qualifies for seventy-five or ninety per cent of the scholarship
amount. Students whose family income is at or above two hundred
per cent of the maximum income level established by the state
superintendent for low-income families shall qualify for
seventy-five per cent of the scholarship amount and students whose
family income is below two hundred per cent of that maximum income
level shall qualify for ninety per cent of the scholarship amount.
The state superintendent shall notify students of their selection
prior to the fifteenth day of January and whether they qualify for
seventy-five or ninety per cent of the scholarship amount.
(1) A student receiving a pilot project scholarship may
utilize it at an alternative public school by notifying the
district superintendent, at any time before the beginning of the
school year, of the name of the public school in an adjacent
school district to which the student has been accepted pursuant to
section 3327.06 of the Revised Code.
(2) A student may decide to utilize a pilot project
scholarship at a registered private school in the district if all
of the following conditions are met:
(a) By the fifteenth day of February of the preceding school
year, or at any time prior to the start of the school year, the
parent makes an application on behalf of the student to a
registered private school.
(b) The registered private school notifies the parent and the
state superintendent as follows that the student has been
admitted:
(i) By the fifteenth day of March of the preceding school
year if the student filed an application by the fifteenth day of
February and was admitted by the school pursuant to division (A)
of section 3313.977 of the Revised Code;
(ii) Within one week of the decision to admit the student if
the student is admitted pursuant to division (C) of section
3313.977 of the Revised Code.
(c) The student actually enrolls in the registered private
school to which the student was first admitted or in another
registered private school in the district or in a public school in
an adjacent school district.
(B) The state superintendent shall also award in any school
year tutorial assistance grants to a number of students equal to
the number of students who receive scholarships under division (A)
of this section. Tutorial assistance grants shall be awarded
solely to students who are enrolled in the public schools of the
district in a grade level covered by the pilot project. Tutorial
assistance grants may be used solely to obtain tutorial assistance
from a provider approved pursuant to division (D) of section
3313.976 of the Revised Code.
All students wishing to obtain tutorial assistance grants
shall make application to the state superintendent by the first
day of the school year in which the assistance will be used. The
state superintendent shall award assistance grants in accordance
with criteria the superintendent shall establish. For each student
awarded a grant, the state superintendent shall also determine
whether the student qualifies for seventy-five or ninety per cent
of the grant amount and so notify the student. Students whose
family income is at or above two hundred per cent of the maximum
income level established by the state superintendent for
low-income families shall qualify for seventy-five per cent of the
grant amount and students whose family income is below two hundred
per cent of that maximum income level shall qualify for ninety per
cent of the grant amount.
(C)(1) In the case of basic scholarships for students in
grades kindergarten through eight, the scholarship amount shall
not exceed the lesser of the tuition charges of the alternative
school the scholarship recipient attends or three thousand dollars
before fiscal year 2007 and, three thousand four hundred fifty
dollars in fiscal year 2007 through fiscal year 2011, and four
thousand two hundred fifty dollars in fiscal year 2012 and
thereafter.
In the case of basic scholarships for students in grades nine
through twelve, the scholarship amount shall not exceed the lesser
of the tuition charges of the alternative school the scholarship
recipient attends or two thousand seven hundred dollars before
fiscal year 2007 and, three thousand four hundred fifty dollars in
fiscal year 2007 through fiscal year 2011, and five thousand
dollars in fiscal year 2012 and thereafter.
(2) The state superintendent shall provide for an increase in
the basic scholarship amount in the case of any student who is a
mainstreamed student with a disability and shall further increase
such amount in the case of any separately educated student with a
disability. Such increases shall take into account the
instruction, related services, and transportation costs of
educating such students.
(3) In the case of tutorial assistance grants, the grant
amount shall not exceed the lesser of the provider's actual
charges for such assistance or:
(a) Before fiscal year 2007, a percentage established by the
state superintendent, not to exceed twenty per cent, of the amount
of the pilot project school district's average basic scholarship
amount;
(b) In fiscal year 2007 and thereafter, four hundred dollars.
(4) No scholarship or tutorial assistance grant shall be
awarded unless the state superintendent determines that
twenty-five or ten per cent, as applicable, of the amount
specified for such scholarship or grant pursuant to division
(C)(1), (2), or (3) of this section will be furnished by a
political subdivision, a private nonprofit or for profit entity,
or another person. Only seventy-five or ninety per cent of such
amounts, as applicable, shall be paid from state funds pursuant to
section 3313.979 of the Revised Code.
(D)(1) Annually by the first day of November, the state
superintendent shall estimate the maximum per-pupil scholarship
amounts for the ensuing school year. The state superintendent
shall make this estimate available to the general public at the
offices of the district board of education together with the forms
required by division (D)(2) of this section.
(2) Annually by the fifteenth day of January, the chief
administrator of each registered private school located in the
pilot project district and the principal of each public school in
such district shall complete a parental information form and
forward it to the president of the board of education. The
parental information form shall be prescribed by the department of
education and shall provide information about the grade levels
offered, the numbers of students, tuition amounts, achievement
test results, and any sectarian or other organizational
affiliations.
(E)(1) Only for the purpose of administering the pilot
project scholarship program, the department may request from any
of the following entities the data verification code assigned
under division (D)(2) of section 3301.0714 of the Revised Code to
any student who is seeking a scholarship under the program:
(a) The school district in which the student is entitled to
attend school under section 3313.64 or 3313.65 of the Revised
Code;
(b) If applicable, the community school in which the student
is enrolled;
(c) The independent contractor engaged to create and maintain
data verification codes.
(2) Upon a request by the department under division (E)(1) of
this section for the data verification code of a student seeking a
scholarship or a request by the student's parent for that code,
the school district or community school shall submit that code to
the department or parent in the manner specified by the
department. If the student has not been assigned a code, because
the student will be entering kindergarten during the school year
for which the scholarship is sought, the district shall assign a
code to that student and submit the code to the department or
parent by a date specified by the department. If the district does
not assign a code to the student by the specified date, the
department shall assign a code to the student.
The department annually shall submit to each school district
the name and data verification code of each student residing in
the district who is entering kindergarten, who has been awarded a
scholarship under the program, and for whom the department has
assigned a code under this division.
(3) The department shall not release any data verification
code that it receives under division (E) of this section to any
person except as provided by law.
(F) Any document relative to the pilot project scholarship
program that the department holds in its files that contains both
a student's name or other personally identifiable information and
the student's data verification code shall not be a public record
under section 149.43 of the Revised Code.
(G)(1) The department annually shall compile the scores
attained by scholarship students enrolled in registered private
schools on the assessments administered to the students pursuant
to division (A)(11) of section 3313.976 of the Revised Code. The
scores shall be aggregated as follows:
(a) By school district, which shall include all scholarship
students residing in the pilot project school district who are
enrolled in a registered private school and were required to take
an assessment pursuant to division (A)(11) of section 3313.976 of
the Revised Code;
(b) By registered private school, which shall include all
scholarship students enrolled in that school who were required to
take an assessment pursuant to division (A)(11) of section
3313.976 of the Revised Code.
(2) The department shall disaggregate the student performance
data described in division (G)(1) of this section according to the
following categories:
(d) Students who have participated in the scholarship program
for three or more years;
(e) Students who have participated in the scholarship program
for more than one year and less than three years;
(f) Students who have participated in the scholarship program
for one year or less;
(g) Economically disadvantaged students.
(3) The department shall post the student performance data
required under divisions (G)(1) and (2) of this section on its web
site and shall include that data in the information about the
scholarship program provided to students under division (A) of
this section. In reporting student performance data under this
division, the department shall not include any data that is
statistically unreliable or that could result in the
identification of individual students. For this purpose, the
department shall not report performance data for any group that
contains less than ten students.
(4) The department shall provide the parent of each
scholarship student enrolled in a registered private school with
information comparing the student's performance on the assessments
administered pursuant to division (A)(11) of section 3313.976 of
the Revised Code with the average performance of similar students
enrolled in the building operated by the pilot project school
district that the scholarship student would otherwise attend. In
calculating the performance of similar students, the department
shall consider age, grade, race and ethnicity, gender, and
socioeconomic status.
Sec. 3313.981. (A) The state board of education shall adopt
rules requiring all of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report to the department of
education all of the following:
(a) The number of adjacent district or other district
students, as applicable, and adjacent district or other district
joint vocational students, as applicable, enrolled in the district
and the number of native students enrolled in adjacent or other
districts, in accordance with a policy adopted under division (B)
of section 3313.98 of the Revised Code;
(b) Each adjacent district or other district student's or
adjacent district or other district joint vocational student's
date of enrollment in the district;
(c) The full-time equivalent number of adjacent district or
other district students enrolled in vocational education programs
or classes described in division (A) of section 3317.014 of the
Revised Code and the full-time equivalent number of such students
enrolled in vocational education programs or classes described in
division (B) of that section;
(d) Each native student's date of enrollment in an adjacent
or other district.
(2) The board of education of each joint vocational school
district to annually report to the department all of the
following:
(a) The number of adjacent district or other district joint
vocational students, as applicable, enrolled in the district;
(b) The full-time equivalent number of adjacent district or
other district joint vocational students enrolled in vocational
education programs or classes described in division (A) of section
3317.014 of the Revised Code and the full-time equivalent number
of such students enrolled in vocational education programs or
classes described in division (B) of that section;
(c) For each adjacent district or other district joint
vocational student, the city, exempted village, or local school
district in which the student is also enrolled.
(3) Prior to the first full school week in October each year,
the superintendent of each city, local, or exempted village school
district that admits adjacent district or other district students
or adjacent district or other district joint vocational students
in accordance with a policy adopted under division (B) of section
3313.98 of the Revised Code to notify each adjacent or other
district where those students are entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code of the number of
the adjacent or other district's native students who are enrolled
in the superintendent's district under the policy.
The rules shall provide for the method of counting students
who are enrolled for part of a school year in an adjacent or other
district or as an adjacent district or other district joint
vocational student.
(B) From the payments made to a city, exempted village, or
local school district under Chapter 3306. 3317. of the Revised
Code and, if necessary, from the payments made to the district
under sections 321.24 and 323.156 of the Revised Code, the
department of education shall annually subtract both of the
following:
(1) An amount equal to the number of the district's native
students reported under division (A)(1) of this section who are
enrolled in adjacent or other school districts pursuant to
policies adopted by such districts under division (B) of section
3313.98 of the Revised Code multiplied by the adjusted formula
amount;
(2) The excess costs computed in accordance with division (E)
of this section for any such native students receiving special
education and related services in adjacent or other school
districts or as an adjacent district or other district joint
vocational student;
(3) For the full-time equivalent number of the district's
native students reported under division (A)(1)(c) or (2)(b) of
this section as enrolled in vocational education programs or
classes described in section 3317.014 of the Revised Code, an
amount equal to the formula amount $5,732 times the applicable
multiple prescribed by that section.
(C) To the payments made to a city, exempted village, or
local school district under Chapter 3306. 3317. of the Revised
Code, the department of education shall annually add all of the
following:
(1) An amount equal to the adjusted formula amount multiplied
by the remainder obtained by subtracting the number of adjacent
district or other district joint vocational students from the
number of adjacent district or other district students enrolled in
the district, as reported under division (A)(1) of this section;
(2) The excess costs computed in accordance with division (E)
of this section for any adjacent district or other district
students, except for any adjacent or other district joint
vocational students, receiving special education and related
services in the district;
(3) For the full-time equivalent number of the adjacent or
other district students who are not adjacent district or other
district joint vocational students and are reported under division
(A)(1)(c) of this section as enrolled in vocational education
programs or classes described in section 3317.014 of the Revised
Code, an amount equal to the formula amount $5,732 times the
applicable multiple prescribed by that section;
(4) An amount equal to the number of adjacent district or
other district joint vocational students reported under division
(A)(1) of this section multiplied by an amount equal to twenty per
cent of the adjusted formula amount.
(D) To the payments made to a joint vocational school
district under Chapter 3317. of the Revised Code, the department
of education shall add, for each adjacent district or other
district joint vocational student reported under division (A)(2)
of this section, both of the following:
(1) The adjusted formula amount;
(2) An amount equal to the full-time equivalent number of
students reported pursuant to division (A)(2)(b) of this section
times the formula amount $5,732 times the applicable multiple
prescribed by section 3317.014 of the Revised Code.
(E)(1) A city, exempted village, or local school board
providing special education and related services to an adjacent or
other district student in accordance with an IEP shall, pursuant
to rules of the state board, compute the excess costs to educate
such student as follows:
(a) Subtract the adjusted formula amount from the actual
costs to educate the student;
(b) From the amount computed under division (E)(1)(a) of this
section subtract the amount of any funds received by the district
under Chapter 3306. 3317. of the Revised Code to provide special
education and related services to the student.
(2) The board shall report the excess costs computed under
this division to the department of education.
(3) If any student for whom excess costs are computed under
division (E)(1) of this section is an adjacent or other district
joint vocational student, the department of education shall add
the amount of such excess costs to the payments made under Chapter
3306. 3317. of the Revised Code to the joint vocational school
district enrolling the student.
(F) As provided in division (D)(1)(b) of section 3317.03 of
the Revised Code, no joint vocational school district shall count
any adjacent or other district joint vocational student enrolled
in the district in its formula ADM certified under section 3317.03
of the Revised Code.
(G) No city, exempted village, or local school district shall
receive a payment under division (C) of this section for a
student, and no joint vocational school district shall receive a
payment under division (D) of this section for a student, if for
the same school year that student is counted in the district's
formula ADM certified under section 3317.03 of the Revised Code.
(H) Upon request of a parent, and provided the board offers
transportation to native students of the same grade level and
distance from school under section 3327.01 of the Revised Code, a
city, exempted village, or local school board enrolling an
adjacent or other district student shall provide transportation
for the student within the boundaries of the board's district,
except that the board shall be required to pick up and drop off a
nonhandicapped student only at a regular school bus stop
designated in accordance with the board's transportation policy.
Pursuant to rules of the state board of education, such board may
reimburse the parent from funds received for pupil transportation
under section 3306.12
3317.0212 of the Revised Code, or other
provisions of law, for the reasonable cost of transportation from
the student's home to the designated school bus stop if the
student's family has an income below the federal poverty line.
Sec. 3314.01. (A)(1) A board of education may permit all or
part of any of the schools under its control, upon request of a
proposing person or, group of individuals, or entity and provided
the person or, group of individuals, or entity meets the
requirements of this chapter, to become a community school.
(2) Any person or, group of individuals, or entity may
propose the creation of a community school pursuant to the
provisions of this chapter. No nonpublic chartered or nonchartered
school in existence on January 1, 1997, is eligible to become a
community school under this chapter.
(B) A community school created under this chapter is a public
school, independent of any school district, and is part of the
state's program of education. A community school may sue and be
sued, acquire facilities as needed, contract for any services
necessary for the operation of the school, and enter into
contracts with a sponsor pursuant to this chapter. The governing
authority of a community school may carry out any act and ensure
the performance of any function that is in compliance with the
Ohio Constitution, this chapter, other statutes applicable to
community schools, and the contract entered into under this
chapter establishing the school.
Sec. 3314.013. (A)(1) Until July 1, 2000, no more than
seventy-five contracts between start-up schools and the state
board of education may be in effect outside the pilot project area
at any time under this chapter.
(2) After July 1, 2000, and until July 1, 2001, no more than
one hundred twenty-five contracts between start-up schools and the
state board of education may be in effect outside the pilot
project area at any time under this chapter.
(3) This division applies only to contracts between start-up
schools and the state board of education and contracts between
start-up schools and entities described in divisions (C)(1)(b) to
(f) of section 3314.02 of the Revised Code.
Until July 1, 2005, not more than two hundred twenty-five
contracts to which this division applies may be in effect at any
time under this chapter.
(4) This division applies only to contracts between start-up
schools and entities described in divisions (C)(1)(b) to (f) of
section 3314.02 of the Revised Code.
Except as otherwise provided in section 3314.014 of the
Revised Code, after July 1, 2005, and until July 1, 2007, the
number of contracts to which this division applies in effect at
any time under this chapter shall be not more than thirty plus the
number of such contracts with schools that were open for operation
as of May 1, 2005.
(5) This division applies only to contracts between a
conversion school that is an internet- or computer-based community
school or a start-up school and the board of education of the
school district in which the school is or is proposed to be
located.
Except as otherwise provided in section 3314.014 of the
Revised Code, until July 1, 2007, the number of contracts to which
this division applies in effect at any time under this chapter
shall be not more than thirty plus the number of such contracts
with schools that were open for operation as of May 1, 2005.
(6) Until the effective date of any standards enacted by the
general assembly governing the operation of internet- or
computer-based community schools July 1, 2013, no internet- or
computer-based community school shall operate unless the school
was open for instruction as of May 1, 2005. No entity described in
division (C)(1) of section 3314.02 of the Revised Code shall enter
into a contract to sponsor an internet- or computer-based
community school, including a conversion school, between May 1,
2005, and the effective date of any standards enacted by the
general assembly governing the operation of internet- or
computer-based community schools July 1, 2013, except as follows:
(a) Any (1) The entity described in division (C)(1) of that
section may renew a contract that the entity entered into with an
internet- or computer-based community school prior to May 1, 2005,
if the school was open for operation as of that date.
(b) Any (2) The entity described in divisions (C)(1)(a) to
(e) of that section may assume sponsorship of an existing
internet- or computer-based community school that was formerly
sponsored by another entity and may enter into a contract with
that community school in accordance with section 3314.03 of the
Revised Code.
(c) Any entity described in division (C)(1)(f) of that
section may assume sponsorship of an existing internet- or
computer-based community school in accordance with division (A)(7)
of this section and may enter into a contract with that community
school in accordance with section 3314.03 of the Revised Code.
If a sponsor entered into a contract with an internet- or
computer-based community school, including a conversion school,
but the school was not open for operation as of May 1, 2005, the
contract shall be void and the entity shall not enter into another
contract with the school until the effective date of any standards
enacted by the general assembly governing the operation of
internet- or computer-based community schools July 1, 2013.
(7) Until July 1, 2005, any entity described in division
(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only
a community school that formerly was sponsored by the state board
of education under division (C)(1)(d) of that section, as it
existed prior to April 8, 2003. After July 1, 2005, any such
entity may assume sponsorship of any existing community school,
and may sponsor any new community school that is not an internet-
or computer-based community school. Beginning on the effective
date of any standards enacted by the general assembly governing
the operation of internet- or computer-based community schools,
any such entity may sponsor a new internet- or computer-based
community school.
(8)(B) Nothing in division (A) of this section prohibits a an
internet- or computer-based community school from increasing the
number of grade levels it offers.
(B) Within twenty-four hours of a request by any person, the
superintendent of public instruction shall indicate the number of
preliminary agreements for start-up schools currently outstanding
and the number of contracts for these schools in effect at the
time of the request.
(C) It is the intent of the general assembly to consider
whether to provide limitations on the number of start-up community
schools after July 1, 2001, following its examination of the
results of the studies by the legislative office of education
oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of
the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B.
No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B.
No. 770 of the 122nd general assembly Not later than July 1, 2013,
the superintendent of public instruction, the chancellor of the
Ohio board of regents, and the director of the governor's office
of 21st century education jointly shall develop standards for the
operation of internet- and computer-based community schools. The
superintendent shall submit those standards to the speaker of the
house of representatives and the president of the senate for
consideration of enactment by the general assembly.
Sec. 3314.015. (A) The department of education shall be
responsible for the oversight of any and all sponsors of the
community schools established under this chapter and shall provide
technical assistance to schools and sponsors in their compliance
with applicable laws and the terms of the contracts entered into
under section 3314.03 of the Revised Code and in the development
and start-up activities of those schools. In carrying out its
duties under this section, the department shall do all of the
following:
(1) In providing technical assistance to proposing parties,
governing authorities, and sponsors, conduct training sessions and
distribute informational materials;
(2) Approve entities to be sponsors of community schools;
(3) Monitor the effectiveness of any and all sponsors in
their oversight of the schools with which they have contracted;
(4) By December thirty-first of each year, issue a report to
the governor, the speaker of the house of representatives, the
president of the senate, and the chairpersons of the house and
senate committees principally responsible for education matters
regarding the effectiveness of academic programs, operations, and
legal compliance and of the financial condition of all community
schools established under this chapter and on the performance of
community school sponsors;
(5) From time to time, make legislative recommendations to
the general assembly designed to enhance the operation and
performance of community schools.
(B)(1) Except as provided in sections 3314.021 and 3314.027
of the Revised Code, no entity listed in division (C)(1) of
section 3314.02 of the Revised Code shall enter into a preliminary
agreement under division (C)(2) of section 3314.02 of the Revised
Code until it has received approval from the department of
education to sponsor community schools under this chapter and has
entered into a written agreement with the department regarding the
manner in which the entity will conduct such sponsorship. The
department shall adopt in accordance with Chapter 119. of the
Revised Code rules containing criteria, procedures, and deadlines
for processing applications for such approval, for oversight of
sponsors, for revocation of the approval of sponsors, and for
entering into written agreements with sponsors. The rules shall
require an entity to submit evidence of the entity's ability and
willingness to comply with the provisions of division (D) of
section 3314.03 of the Revised Code. The rules also shall require
entities approved as sponsors on and after June 30, 2005, to
demonstrate a record of financial responsibility and successful
implementation of educational programs. If an entity seeking
approval on or after June 30, 2005, to sponsor community schools
in this state sponsors or operates schools in another state, at
least one of the schools sponsored or operated by the entity must
be comparable to or better than the performance of Ohio schools in
need of continuous improvement under section 3302.03 of the
Revised Code, as determined by the department.
An Subject to section 3314.016 of the Revised Code, an entity
that sponsors community schools may enter into preliminary
agreements and sponsor up to one hundred schools as follows,
provided each school and the contract for sponsorship meets the
requirements of this chapter:
(a) An entity that sponsored fifty or fewer schools that were
open for operation as of May 1, 2005, may sponsor not more than
fifty schools.
(b) An entity that sponsored more than fifty but not more
than seventy-five schools that were open for operation as of May
1, 2005, may sponsor not more than the number of schools the
entity sponsored that were open for operation as of May 1, 2005.
(c) Until June 30, 2006, an entity that sponsored more than
seventy-five schools that were open for operation as of May 1,
2005, may sponsor not more than the number of schools the entity
sponsored that were open for operation as of May 1, 2005. After
June 30, 2006, such an entity may sponsor not more than
seventy-five schools.
Upon approval of an entity to be a sponsor under this
division, the department shall notify the entity of the number of
schools the entity may sponsor.
The limit imposed on an entity to which division (B)(1) of
this section applies shall be decreased by one for each school
sponsored by the entity that permanently closes.
If at any time an entity exceeds the number of schools it may
sponsor under this division, the department shall assist the
schools in excess of the entity's limit in securing new sponsors.
If a school is unable to secure a new sponsor, the department
shall assume sponsorship of the school in accordance with division
(C) of this section. Those schools for which another sponsor or
the department assumes sponsorship shall be the schools that most
recently entered into contracts with the entity under section
3314.03 of the Revised Code.
(2) The department of education shall determine, pursuant to
criteria adopted by rule of the department, whether the mission
proposed to be specified in the contract of a community school to
be sponsored by a state university board of trustees or the
board's designee under division (C)(1)(e) of section 3314.02 of
the Revised Code complies with the requirements of that division.
Such determination of the department is final.
(3) The department of education shall determine, pursuant to
criteria adopted by rule of the department, if any tax-exempt
entity under section 501(c)(3) of the Internal Revenue Code that
is proposed to be a sponsor of a community school is an
education-oriented entity for purpose of satisfying the condition
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the
Revised Code. Such determination of the department is final.
(C) If at any time the state board of education finds that a
sponsor is not in compliance or is no longer willing to comply
with its contract with any community school or with the
department's rules for sponsorship, the state board or designee
shall conduct a hearing in accordance with Chapter 119. of the
Revised Code on that matter. If after the hearing, the state board
or designee has confirmed the original finding, the department of
education may revoke the sponsor's approval to sponsor community
schools and may assume the sponsorship of any schools with which
the sponsor has contracted until the earlier of the expiration of
two school years or until a new sponsor as described in division
(C)(1) of section 3314.02 of the Revised Code is secured by the
school's governing authority. The department may extend the term
of the contract in the case of a school for which it has assumed
sponsorship under this division as necessary to accommodate the
term of the department's authorization to sponsor the school
specified in this division.
(D) The decision of the department to disapprove an entity
for sponsorship of a community school or to revoke approval for
such sponsorship under division (C) of this section, may be
appealed by the entity in accordance with section 119.12 of the
Revised Code.
(E) The department shall adopt procedures for use by a
community school governing authority and sponsor when the school
permanently closes and ceases operation, which shall include at
least procedures for data reporting to the department, handling of
student records, distribution of assets in accordance with section
3314.074 of the Revised Code, and other matters related to ceasing
operation of the school.
(F) In carrying out its duties under this chapter, the
department shall not impose requirements on community schools or
their sponsors that are not permitted by law or duly adopted
rules.
Sec. 3314.016. This section does not apply to any entity that
section 3314.021 or 3314.027 of the Revised Code exempts from the
requirement to be approved for sponsorship under divisions (A)(2)
and (B)(1) of section 3314.015 of the Revised Code.
(A) An entity that sponsors a community school on the
effective date of this section shall be permitted to enter into
contracts under section 3314.03 of the Revised Code to sponsor
additional community schools only if the entity meets both of the
following criteria:
(1) The entity is in compliance with all provisions of this
chapter requiring sponsors of community schools to report data or
information to the department.
(2) The entity is not ranked in the lowest ten per cent of
community school sponsors on the ranking prescribed by division
(B) of this section.
(B) For purposes of this section, the department shall
develop a composite performance index score, as defined in section
3302.01 of the Revised Code, that measures the academic
performance of students enrolled in all community schools
sponsored by the same entity. The department annually shall rank
all entities that sponsor community schools from highest to lowest
according to the entities' composite performance index scores.
Sec. 3314.019. (A)(1) Any community school established on or
after the effective date of this section may function as a hybrid
community school in accordance with this section to provide
students with a combination of technology-based instruction,
including internet- or computer-based instruction, and
classroom-based instruction. The contract adopted under section
3314.03 of the Revised Code shall describe the hybrid nature of
the school's instructional program and prescribe an academic
accountability plan.
(2) The governing authority of any community school
established prior to the effective date of this section, upon the
approval of the school's sponsor, may restructure the school as a
hybrid community school in accordance with this section to provide
students with a combination of technology-based instruction and
classroom-based instruction. Prior to the first day of July of the
school year in which the school will be restructured, the
governing authority and the school's sponsor shall amend the
contract adopted under section 3314.03 of the Revised Code to
describe the hybrid nature of the school's instructional program,
to prescribe an academic accountability plan, and to make any
other changes necessary to conform the contract to the
requirements of this section.
(B)(1) The governing authority of each hybrid community
school shall require each student enrolled in the school to do
both of the following:
(a) Attend a designated site maintained by the governing
authority to receive traditional classroom-based instruction that
does not rely primarily on the use of computers or other
electronic, digital, or wireless technology for the percentage of
required instructional time determined under division (B)(2) of
this section;
(b) For the period of time the student does not attend the
site maintained by the governing authority, work primarily from
the student's residence on assignments in nonclassroom-based
learning opportunities provided via a technology-based
instructional method.
(2) Before the beginning of each school year, the education
team of each student enrolled in a community school established or
restructured under this section shall determine the percentage of
the required instructional time under the contract entered into
under section 3314.03 of the Revised Code that should be devoted
to traditional classroom-based instruction and technology-based
instruction to best meet the student's educational needs. As used
in this division, "education team" includes, but is not limited
to, the chief administrative officer of the school, the student,
the student's parent or guardian, and any teacher requested by the
chief administrative officer, student, or parent or guardian.
(C) The designated site maintained by the school's governing
authority for the provision of classroom-based instruction shall
be located in a challenged school district or an adjacent school
district. However, the challenged school district shall be
considered the school district in which the school is located for
all purposes of this chapter, including adopting an admission
policy under division (A)(19) of section 3314.03 of the Revised
Code.
(D) Notwithstanding anything in this chapter or Chapter 3317.
of the Revised Code to the contrary, all of the following apply
with respect to each student enrolled in a hybrid community
school:
(1) For purposes of the report required under division (B)(2)
of section 3314.08 of the Revised Code, the community school shall
report the number of hours each school week that the student is
required to attend the designated site described in division (C)
of this section.
(2) The department of education shall deduct from the school
district reported for the student under division (B)(2)(h) of
section 3314.08 of the Revised Code the amounts prescribed under
division (C) of section 3314.08 of the Revised Code that would be
applicable if the student were enrolled in a community school
other than an internet- or computer-based community school.
(3) The department shall pay to the community school the sum
of the following:
(a) The amount calculated under divisions (D)(1) to (10) of
section 3314.08 of the Revised Code;
(b) Any amount prescribed by division (E) of section 3314.08
of the Revised Code.
(E) Except as provided in section 3314.091 of the Revised
Code, the board of education of each city, local, and exempted
village school district shall provide for its district's native
students, in accordance with section 3327.01 of the Revised Code,
transportation to and from the site described in division (C) of
this section on each weekday the students are required to attend
school at that site.
As used in this division, "native student" has the same
meaning as in section 3314.09 of the Revised Code.
(F) A hybrid community school is not an internet- or
computer-based community school for purposes of this chapter.
Nevertheless, except as otherwise provided in this section, a
hybrid community school shall comply with all requirements of this
chapter, including any provisions that apply solely to an
internet- or computer-based community school.
Sec. 3314.02. (A) As used in this chapter:
(1) "Sponsor" means an entity listed in division (C)(1) of
this section, which has been approved by the department of
education to sponsor community schools and with which the
governing authority of the proposed community school enters into a
contract pursuant to this section.
(2) "Pilot project area" means the school districts included
in the territory of the former community school pilot project
established by former Section 50.52 of Am. Sub. H.B. No. 215 of
the 122nd general assembly.
(3) "Challenged school district" means any of the following:
(a) A school district that is part of the pilot project area;
(b) A school district that is either in a state of academic
emergency or in a state of academic watch under section 3302.03 of
the Revised Code;
(c) A big eight school district.
(4) "Big eight school district" means a school district that
for fiscal year 1997 had both of the following:
(a) A percentage of children residing in the district and
participating in the predecessor of Ohio works first greater than
thirty per cent, as reported pursuant to section 3317.10 of the
Revised Code;
(b) An average daily membership greater than twelve thousand,
as reported pursuant to former division (A) of section 3317.03 of
the Revised Code.
(5) "New start-up school" means a community school other than
one created by converting all or part of an existing public school
or educational service center building, as designated in the
school's contract pursuant to division (A)(17) of section 3314.03
of the Revised Code.
(6) "Urban school district" means one of the state's
twenty-one urban school districts as defined in division (O) of
section 3317.02 of the Revised Code as that section existed prior
to July 1, 1998.
(7) "Internet- or computer-based community school" means a
community school established under this chapter in which the
enrolled students work primarily from their residences on
assignments in nonclassroom-based learning opportunities provided
via an internet- or other computer-based instructional method that
does not rely on regular classroom instruction or via
comprehensive instructional methods that include internet-based,
other computer-based, and noncomputer-based learning
opportunities.
(8) "Operator" means either of the following:
(a) An individual or organization that manages the daily
operations of a community school pursuant to a contract between
the operator and the school's governing authority;
(b) An individual or organization that provides programmatic
oversight and support to a community school under a contract with
the school's governing authority and that retains the right to
terminate affiliation with the school if the school fails to meet
the individual's or organization's quality standards.
(B) Any person or group of individuals may initially propose
under this division the conversion of all or a portion of a public
school or a building operated by an educational service center to
a community school. The proposal shall be made to the board of
education of the city, local, exempted village, or joint
vocational school district in which the public school is proposed
to be converted or, in the case of the conversion of a building
operated by an educational service center, to the governing board
of the service center. Upon receipt of a proposal, a board may
enter into a preliminary agreement with the person or group
proposing the conversion of the public school or service center
building, indicating the intention of the board to support the
conversion to a community school. A proposing person or group that
has a preliminary agreement under this division may proceed to
finalize plans for the school, establish a governing authority for
the school, and negotiate a contract with the board. Provided the
proposing person or group adheres to the preliminary agreement and
all provisions of this chapter, the board shall negotiate in good
faith to enter into a contract in accordance with section 3314.03
of the Revised Code and division (C) of this section.
(C)(1) Any person or group of individuals may propose under
this division the establishment of a new start-up school to be
located in a challenged school district. The proposal may be made
to any of the following entities:
(a) The board of education of the district in which the
school is proposed to be located;
(b) The board of education of any joint vocational school
district with territory in the county in which is located the
majority of the territory of the district in which the school is
proposed to be located;
(c) The board of education of any other city, local, or
exempted village school district having territory in the same
county where the district in which the school is proposed to be
located has the major portion of its territory;
(d) The governing board of any educational service center, as
long as the proposed school will be located in a county within the
territory of the service center or in a county contiguous to such
county;
(e) A sponsoring authority designated by the board of
trustees of any of the thirteen state universities listed in
section 3345.011 of the Revised Code or the board of trustees
itself as long as a mission of the proposed school to be specified
in the contract under division (A)(2) of section 3314.03 of the
Revised Code and as approved by the department of education under
division (B)(2) of section 3314.015 of the Revised Code will be
the practical demonstration of teaching methods, educational
technology, or other teaching practices that are included in the
curriculum of the university's teacher preparation program
approved by the state board of education;
(f) Any qualified tax-exempt entity under section 501(c)(3)
of the Internal Revenue Code as long as all of the following
conditions are satisfied:
(i) The entity has been in operation for at least five years
prior to applying to be a community school sponsor.
(ii) The entity has assets of at least five hundred thousand
dollars and a demonstrated record of financial responsibility.
(iii) The department of education has determined that the
entity is an education-oriented entity under division (B)(3) of
section 3314.015 of the Revised Code and the entity has a
demonstrated record of successful implementation of educational
programs.
(iv) The entity is not a community school.
Any entity described in division (C)(1) of this section may
enter into a preliminary agreement pursuant to division (C)(2) of
this section with the proposing person or group.
(2) A preliminary agreement indicates the intention of an
entity described in division (C)(1) of this section to sponsor the
community school. A proposing person or group that has such a
preliminary agreement may proceed to finalize plans for the
school, establish a governing authority as described in division
(E) of this section for the school, and negotiate a contract with
the entity. Provided the proposing person or group adheres to the
preliminary agreement and all provisions of this chapter, the
entity shall negotiate in good faith to enter into a contract in
accordance with section 3314.03 of the Revised Code.
(3) A new start-up school that is established in a school
district while that district is either in a state of academic
emergency or in a state of academic watch under section 3302.03 of
the Revised Code may continue in existence once the school
district is no longer in a state of academic emergency or academic
watch, provided there is a valid contract between the school and a
sponsor.
(4) A copy of every preliminary agreement entered into under
this division shall be filed with the superintendent of public
instruction.
(D) A majority vote of the board of a sponsoring entity and a
majority vote of the members of the governing authority of a
community school shall be required to adopt a contract and convert
the public school or educational service center building to a
community school or establish the new start-up school. Beginning
September 29, 2005, adoption of the contract shall occur not later
than the fifteenth day of March, and signing of the contract shall
occur not later than the fifteenth day of May, prior to the school
year in which the school will open. The governing authority shall
notify the department of education when the contract has been
signed. Subject to sections section 3314.013, 3314.014, 3314.016,
and 3314.017 of the Revised Code, an unlimited number of community
schools may be established in any school district provided that a
contract is entered into for each community school pursuant to
this chapter.
(E)(1) As used in this division, "immediate relatives" are
limited to spouses, children, parents, grandparents, siblings, and
in-laws.
Each new start-up community school established under this
chapter shall be under the direction of a governing authority
which shall consist of a board of directors, a board of managers,
or a board of trustees, as appropriate under division (A)(1) of
section 3314.03 of the Revised Code, of not less than five
individuals.
No person shall serve on the governing authority or operate
the community school under contract with the governing authority
so long as the person owes the state any money or is in a dispute
over whether the person owes the state any money concerning the
operation of a community school that has closed.
(2) No person shall serve on the governing authorities of
more than two start-up community schools at the same time.
(3) No present or former member, or immediate relative of a
present or former member, of the governing authority of any
community school established under this chapter shall be an owner,
employee, or consultant of any nonprofit sponsor or for-profit
operator of a community school, unless at least one year has
elapsed since the conclusion of the person's membership.
(4) No person shall be appointed to serve on a governing
authority for a term of more than three years.
(5) The governing authority of a start-up community school
may provide by resolution for the compensation of its members.
However, no individual who serves on the governing authority of a
start-up community school shall be compensated more than a total
amount of five thousand dollars per year for all governing
authorities upon which the individual serves.
(6) No person shall be deemed to have acquired a vested right
in a position as a member of a governing authority.
(F)(1) A new start-up school that is established prior to
August 15, 2003, in an urban school district that is not also a
big-eight school district may continue to operate after that date
and the contract between the school's governing authority and the
school's sponsor may be renewed, as provided under this chapter,
after that date, but no additional new start-up schools may be
established in such a district unless the district is a challenged
school district as defined in this section as it exists on and
after that date.
(2) A community school that was established prior to June 29,
1999, and is located in a county contiguous to the pilot project
area and in a school district that is not a challenged school
district may continue to operate after that date, provided the
school complies with all provisions of this chapter. The contract
between the school's governing authority and the school's sponsor
may be renewed, but no additional start-up community school may be
established in that district unless the district is a challenged
school district.
(3) Any educational service center that, on June 30, 2007,
sponsors a community school that is not located in a county within
the territory of the service center or in a county contiguous to
such county may continue to sponsor that community school on and
after June 30, 2007, and may renew its contract with the school.
However, the educational service center shall not enter into a
contract with any additional community school unless the school is
located in a county within the territory of the service center or
in a county contiguous to such county.
(G) No entity described in division (B) or (C) of this
section shall refuse to enter into a preliminary agreement under
those divisions, or to enter into a contract under section 3314.03
of the Revised Code, for the sponsorship of a community school
based solely on the type of school that is proposed to be
established, the composition of the members of the public benefit
corporation that will comprise the school, or the involvement of
any for-profit entity as a member of that public benefit
corporation.
Sec. 3314.021. (A) This section applies to any entity that is
exempt from taxation under section 501(c)(3) of the Internal
Revenue Code and that satisfies the conditions specified in
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the
Revised Code but does not satisfy the condition specified in
division (C)(1)(f)(i) of that section.
(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02
of the Revised Code, an entity described in division (A) of this
section may do both of the following without obtaining the
department of education's initial approval of its sponsorship
under divisions (A)(2) and (B)(1) of section 3314.015 of the
Revised Code:
(1) Succeed the board of trustees of a state university
located in the pilot project area or that board's designee as the
sponsor of a community school established under this chapter;
(2) Continue to sponsor that school in conformance with the
terms of the contract between the board of trustees or its
designee and the governing authority of the community school and
renew that contract as provided in division (E) of section 3314.03
of the Revised Code.
(C) The entity that succeeds the board of trustees or the
board's designee as sponsor of a community school under division
(B) of this section also may enter into contracts to sponsor other
community schools located in any challenged school district,
without obtaining the department's initial approval of its
sponsorship of those schools under divisions (A)(2) and (B)(1) of
section 3314.015 of the Revised Code, and not subject to the
restriction of division (A)(7) of section 3314.013 of the Revised
Code, as long as the contracts conform with and the entity
complies with all other requirements of this chapter.
(D) Regardless of the entity's authority to sponsor community
schools without the initial approval of the department, the entity
is under the continuing oversight of the department in accordance
with rules adopted under section 3314.015 of the Revised Code.
Sec. 3314.026. If the governing authority of a community
school intends to terminate its contract with the school's
operator prior to expiration or intends not to renew that contract
upon expiration, the governing authority shall notify the operator
of that intent not less than one hundred eighty days prior to the
expiration of the contract. Any failure to give such notice
constitutes the governing authority's irrevocable agreement to
continue the contract as then in effect for one additional school
year. The operator may appeal the contract termination or
nonrenewal to the school's sponsor, if the sponsor has sponsored
the school for at least twelve months, or to the state board of
education, if the sponsor has sponsored the school for less than
twelve months. Upon appeal, the sponsor or state board shall
determine whether the operator should continue to manage the
school. In making its determination, the sponsor or state board
shall consider whether the operator has managed the school in
compliance with all applicable laws and terms of the contract
between the sponsor and the governing authority entered into under
section 3314.03 of the Revised Code and whether the school's
progress in meeting the academic goals prescribed in that contract
has been satisfactory. The sponsor or state board shall notify the
governing authority and operator of its determination. If the
sponsor or state board determines that the operator should
continue to manage the school, the sponsor shall remove the
existing governing authority and the operator shall appoint a new
governing authority for the school. The contract between the
governing authority and the operator shall continue until terms of
office of all members of the governing board in office prior to
the determination have expired and those members have been
replaced with individuals recommended by the operator. An operator
may reappoint a member to the governing authority. Once all the
terms of the members in office prior to the determination have
expired, the new governing authority shall assume responsibility
for the school immediately and shall exercise all functions
assigned to it by the Revised Code or rule in the same manner as
any other community school governing authority.
Sec. 3314.029. (A)(1) Notwithstanding anything to the
contrary in this chapter, any person, group of individuals, or
entity may apply to the department of education for direct
authorization to establish a community school and, upon approval
of the application, may establish and operate the school without a
sponsor. Notwithstanding anything to the contrary in this chapter,
the governing authority of an existing community school, upon the
expiration or termination of its contract with the school's
sponsor entered into under section 3314.03 of the Revised Code,
may apply to the department for direct authorization to continue
operating the school and, upon approval of the application, may
continue to operate the school without a sponsor. Each application
submitted to the department shall include both of the following:
(a) Evidence that the applicant will be able to comply with
division (C) of this section;
(b) A statement indicating that the applicant agrees to
comply with all applicable provisions of this chapter.
(2) The department shall approve each application submitted
under division (A)(1) of this section, unless, within thirty days
after receipt of the application, the department determines that
the application does not satisfy the requirements of that division
and provides the applicant a written explanation of the reasons
for the determination. In that case, the department shall grant
the applicant thirty days to correct the insufficiencies in the
application. If the department determines that the insufficiencies
have been corrected, it shall approve the application. If the
department determines that the insufficiencies have not been
corrected, it shall deny the application and provide the applicant
with a written explanation of the reasons for the denial. The
denial of an application may be appealed in accordance with
section 119.12 of the Revised Code.
(3) An unlimited number of applications may be submitted and
approved under division (A) of this section.
(B) The department and the governing authority of each
community school authorized under this section shall enter into a
contract under section 3314.03 of the Revised Code, except that
the contract shall not be required to specify the provisions of
divisions (A)(4), (5), (16), (18), (20), (23), and (24) of that
section. Notwithstanding division (A)(13) of that section, the
contract may begin at any time during the academic year and the
length of the initial contract may be for any term up to fifteen
years. The contract may be renewed in accordance with division (E)
of that section. The contract shall not provide for the school's
governing authority to make any payments to the department.
(C) A community school authorized under this section shall
post and file with the superintendent of public instruction a bond
payable to the state in the amount of one million dollars or file
with the state superintendent a guarantee in the amount of one
million dollars issued by an entity with a certified net worth of
at least five million dollars. The bond or guarantee shall be used
to pay the state any moneys owed by the community school in the
event the school closes.
(D) A community school authorized under this section shall
not be subject to sections 3314.072 and 3314.073 of the Revised
Code.
(E) A community school sponsored by an entity described in
division (C)(1) of section 3314.02 of the Revised Code may merge
with a community school authorized under this section. In that
case, on the effective date of the merger, the contract between
the governing authority of the sponsored community school and the
school's sponsor shall be terminated and that community school
shall be covered by the contract between the department and the
governing authority of the community school with which it merges
under this division.
(F) Except as otherwise provided in this section, a community
school authorized under this section shall comply with all
applicable provisions of this chapter.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either any of the
following:
(a) A nonprofit corporation established under Chapter 1702.
of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;
(c) A for-profit corporation formed under Chapter 1701. of
the Revised Code or a limited liability corporation formed under
Chapter 1705. of the Revised Code.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement assessments;
(4) Performance standards by which the success of the school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the school
to be maintained in the same manner as are financial records of
school districts, pursuant to rules of the auditor of state.
Audits shall be conducted in accordance with section 117.10 of the
Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including the following:
(a) A requirement that the school's classroom teachers be
licensed in accordance with sections 3319.22 to 3319.31 of the
Revised Code, except that a community school may engage
noncertificated persons to teach up to twelve hours per week
pursuant to section 3319.301 of the Revised Code;
(b) A requirement that each classroom teacher initially hired
by the school on or after July 1, 2013, and employed to provide
instruction in physical education hold a valid license issued
pursuant to section 3319.22 of the Revised Code for teaching
physical education.
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of the
school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648,
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3314.817
3313.817, 3313.86, 3313.96, 3317.141, 3319.073, 3319.08, 3319.111,
3319.17, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041,
3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10,
4111.17, 4113.52, and 5705.391 and Chapters 117., 1347., 2744.,
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code
as if it were a school district and will comply with section
3301.0714 of the Revised Code in the manner specified in section
3314.17 of the Revised Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in sections 3313.61 and 3313.611 of the Revised Code
that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of
the community school rather than the curriculum specified in Title
XXXIII of the Revised Code or any rules of the state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial status
to the sponsor and the parents of all students enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with sections 3313.674 3313.671 and
3313.801 of the Revised Code as if it were a school district.
(12) Arrangements for providing health and other benefits to
employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five years
unless such contract has been renewed pursuant to division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
The plan shall specify for each year the base formula amount that
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any year
shall not exceed the formula amount defined under section 3317.02
of the Revised Code. The plan may also specify for any year a
percentage figure to be used for reducing the per pupil amount of
the subsidy calculated pursuant to section 3317.029 of the Revised
Code the school is to receive that year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or
part of an existing public school or educational service center
building or is to be a new start-up school, and if it is a
converted public school or service center building, specification
of any duties or responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating to the
governing authority of the community school with respect to all or
any specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to adopt a
policy regarding the admission of students who reside outside the
district in which the school is located. That policy shall comply
with the admissions procedures specified in sections 3314.06 and
3314.061 of the Revised Code and, at the sole discretion of the
authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department of education as the
community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the
department has evidence of conditions or violations of law at the
school that pose an imminent danger to the health and safety of
the school's students and employees and the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the Revised Code, except that any action required to
be taken by a school district pursuant to those sections shall be
taken by the sponsor of the school. However, the sponsor shall not
be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(26) If the community school is established as a nonprofit
corporation or a public benefit corporation, contracts with an
operator, and has accumulated, as of the thirty-first day of
December, cash, marketable securities, or other cash equivalents
that, in the aggregate, exceed ten per cent of the school's prior
fiscal year's gross revenues, the governing authority shall spend
the excess amount by the end of the school year for the
educational benefit of the students attending the school.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not to
attend the converted school and for teachers who choose not to
teach in the school or building after conversion;
(4) The instructional program and educational philosophy of
the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total amount of payments for
operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance
and the organization and operation of the community school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare the
school to be on probationary status pursuant to section 3314.073
of the Revised Code, suspend the operation of the school pursuant
to section 3314.072 of the Revised Code, or terminate the contract
of the school pursuant to section 3314.07 of the Revised Code as
determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this
section, the sponsor of a community school may, with the approval
of the governing authority of the school and any operator of the
school, renew that contract for a period of time determined by the
sponsor, but not ending earlier than the end of any school year,
if the sponsor finds that the school's compliance with applicable
laws and terms of the contract and the school's progress in
meeting the academic goals prescribed in the contract have been
satisfactory. Any contract that is renewed under this division
remains subject to the provisions of sections 3314.07, 3314.072,
and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code. Any contract that becomes void under this division
shall not count toward any statewide limit on the number of such
contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3314.04. Except as otherwise specified in this chapter
and in the contract between a community school and a sponsor
entered into under section 3314.08 of the Revised Code, such
school is exempt from all state laws and rules pertaining to
schools, school districts, and boards of education, except those
laws and rules that grant certain rights to parents. No community
school shall be required to comply with any education laws or
rules or other requirements that are not specified in this chapter
or in the contract entered into under section 3314.08 of the
Revised Code that otherwise would not apply to a chartered
nonpublic school.
Sec. 3314.05. (A) The contract between the community school
and the sponsor shall specify the facilities to be used for the
community school and the method of acquisition. Except as provided
in division divisions (B)(3) and (4) of this section, no community
school shall be established in more than one school district under
the same contract.
(B) Division (B) of this section shall not apply to internet-
or computer-based community schools.
(1) A community school may be located in multiple facilities
under the same contract only if the limitations on availability of
space prohibit serving all the grade levels specified in the
contract in a single facility or division (B)(2) or, (3), or (4)
of this section applies to the school. The school shall not offer
the same grade level classrooms in more than one facility.
(2) A community school may be located in multiple facilities
under the same contract and, notwithstanding division (B)(1) of
this section, may assign students in the same grade level to
multiple facilities, as long as all of the following apply:
(a) The governing authority of the community school filed a
copy of its contract with the school's sponsor under section
3314.03 of the Revised Code with the superintendent of public
instruction on or before May 15, 2008.
(b) The school was not open for operation prior to July 1,
2008.
(c) The governing authority has entered into and maintains a
contract with an operator of the type described in division
(A)(2)(8)(b) of section 3314.014 3314.02 of the Revised Code.
(d) The contract with that operator qualified the school to
be established pursuant to division (A) of former section 3314.016
of the Revised Code.
(e) The school's rating under section 3302.03 of the Revised
Code does not fall below "in need of continuous improvement" for
two or more consecutive years.
(3) A new start-up community school may be established in two
school districts under the same contract if all of the following
apply:
(a) At least one of the school districts in which the school
is established is a challenged school district;
(b) The school operates not more than one facility in each
school district and, in accordance with division (B)(1) of this
section, the school does not offer the same grade level classrooms
in both facilities; and
(c) Transportation between the two facilities does not
require more than thirty minutes of direct travel time as measured
by school bus.
In the case of a community school to which division (B)(3) of
this section applies, if only one of the school districts in which
the school is established is a challenged school district, that
district shall be considered the school's primary location and the
district in which the school is located for the purposes of
division (A)(19) of section 3314.03 and divisions (C) and (H) of
section 3314.06 of the Revised Code and for all other purposes of
this chapter. If both of the school districts in which the school
is established are challenged school districts, the school's
governing authority shall designate one of those districts to be
considered the school's primary location and the district in which
the school is located for the purposes of those divisions and all
other purposes of this chapter and shall notify the department of
education of that designation.
(4) A community school may be located in multiple facilities
under the same contract and, notwithstanding division (B)(1) of
this section, may assign students in the same grade level to
multiple facilities, as long as both of the following apply:
(a) The facilities are all located in the same county.
(b) The governing authority has entered into and maintains a
contract with an operator.
In the case of a community school to which division (B)(4) of
this section applies and that maintains facilities in more than
one school district, the school's governing authority shall
designate one of those districts to be considered the school's
primary location and the district in which the school is located
for the purposes of division (A)(19) of section 3314.03 and
divisions (C) and (H) of section 3314.06 of the Revised Code and
for all other purposes of this chapter and shall notify the
department of that designation.
(5) Any facility used for a community school shall meet all
health and safety standards established by law for school
buildings.
(C) In the case where a community school is proposed to be
located in a facility owned by a school district or educational
service center, the facility may not be used for such community
school unless the district or service center board owning the
facility enters into an agreement for the community school to
utilize the facility. Use of the facility may be under any terms
and conditions agreed to by the district or service center board
and the school.
(D) In the case of a community school that is located in
multiple facilities, the department shall assign a separate
internal retrieval number to the school and to each facility
maintained by the school.
(E) Two or more separate community schools may be located in
the same facility.
Sec. 3314.06. The governing authority of each community
school established under this chapter shall adopt admission
procedures that specify the following:
(A) That except as otherwise provided in this section,
admission to the school shall be open to any individual age five
to twenty-two entitled to attend school pursuant to section
3313.64 or 3313.65 of the Revised Code in a school district in the
state, and, in the case of a community school operating a dropout
prevention and recovery program granted a waiver under section
3314.36 of the Revised Code, to any individual who is between
twenty-two and thirty years of age, pursuant to section 3314.38 of
the Revised Code.
(B)(1) That admission to the school may be limited to
students who have attained a specific grade level or are within a
specific age group; to students that meet a definition of
"at-risk," as defined in the contract; to residents of a specific
geographic area within the district, as defined in the contract;
or to separate groups of autistic students and nondisabled
students, as authorized in section 3314.061 of the Revised Code
and as defined in the contract.
(2) For purposes of division (B)(1) of this section,
"at-risk" students may include those students identified as gifted
students under section 3324.03 of the Revised Code.
(C) Whether enrollment is limited to students who reside in
the district in which the school is located or is open to
residents of other districts, as provided in the policy adopted
pursuant to the contract.
(D)(1) That there will be no discrimination in the admission
of students to the school on the basis of race, creed, color,
disability, or sex except that:
(a) The governing authority may establish single-gender
schools for the purpose described in division (G) of this section
provided comparable facilities and learning opportunities are
offered for both boys and girls. Such comparable facilities and
opportunities may be offered for each sex at separate locations.
(b) The governing authority may establish a school that
simultaneously serves a group of students identified as autistic
and a group of students who are not disabled, as authorized in
section 3314.061 of the Revised Code. However, unless the total
capacity established for the school has been filled, no student
with any disability shall be denied admission on the basis of that
disability.
(2) That upon admission of any student with a disability, the
community school will comply with all federal and state laws
regarding the education of students with disabilities.
(E) That the school may not limit admission to students on
the basis of intellectual ability, measures of achievement or
aptitude, or athletic ability, except that a school may limit its
enrollment to students as described in division (B) of this
section.
(F) That the community school will admit the number of
students that does not exceed the capacity of the school's
programs, classes, grade levels, or facilities.
(G) That the purpose of single-gender schools that are
established shall be to take advantage of the academic benefits
some students realize from single-gender instruction and
facilities and to offer students and parents residing in the
district the option of a single-gender education.
(H) That, except as otherwise provided under division (B) of
this section or section 3314.061 of the Revised Code, if the
number of applicants exceeds the capacity restrictions of division
(F) of this section, students shall be admitted by lot from all
those submitting applications, except preference shall be given to
students attending the school the previous year and to students
who reside in the district in which the school is located.
Preference may be given to siblings of students attending the
school the previous year.
Notwithstanding divisions (A) to (H) of this section, in the
event the racial composition of the enrollment of the community
school is violative of a federal desegregation order, the
community school shall take any and all corrective measures to
comply with the desegregation order.
Sec. 3314.07. (A) The expiration of the contract for a
community school between a sponsor and a school shall be the date
provided in the contract. A successor contract may be entered into
pursuant to division (E) of section 3314.03 of the Revised Code
unless the contract is terminated or not renewed pursuant to this
section.
(B)(1) A sponsor may choose not to renew a contract at its
expiration or may choose to terminate a contract prior to its
expiration for any of the following reasons:
(a) Failure to meet student performance requirements stated
in the contract;
(b) Failure to meet generally accepted standards of fiscal
management;
(c) Violation of any provision of the contract or applicable
state or federal law;
(2) A sponsor may choose to terminate a contract prior to its
expiration if the sponsor has suspended the operation of the
contract under section 3314.072 of the Revised Code.
(3) At least
ninety
one hundred eighty days prior to the
termination or nonrenewal of a contract, the sponsor shall notify
the school of the proposed action in writing. The notice shall
include the reasons for the proposed action in detail, the
effective date of the termination or nonrenewal, and a statement
that the school may, within fourteen days of receiving the notice,
request an informal hearing before the sponsor. Such request must
be in writing. The informal hearing shall be held within seventy
days of the receipt of a request for the hearing. Promptly
following the informal hearing, the sponsor shall issue a written
decision either affirming or rescinding the decision to terminate
or not renew the contract.
(4) A decision by the sponsor to terminate a contract may be
appealed to the state board of education. The decision by the
state board pertaining to an appeal under this division is final.
If the sponsor is the state board, its decision to terminate a
contract under division (B)(3) of this section shall be final.
(5) The termination of a contract under this section shall be
effective upon the occurrence of the later of the following
events:
(a) Ninety days following the date the sponsor notifies the
school of its decision to terminate the contract as prescribed in
division (B)(3) of this section;
(b) If an informal hearing is requested under division (B)(3)
of this section and as a result of that hearing the sponsor
affirms its decision to terminate the contract, the effective date
of the termination specified in the notice issued under division
(B)(3) of this section, or if that decision is appealed to the
state board under division (B)(4) of this section and the state
board affirms that decision, the date established in the
resolution of the state board affirming the sponsor's decision.
(6) Any community school whose contract is terminated under
this division shall not enter into a contract with any other
sponsor.
(C) A child attending a community school whose contract has
been terminated, nonrenewed, or suspended or that closes for any
reason shall be admitted to the schools of the district in which
the child is entitled to attend under section 3313.64 or 3313.65
of the Revised Code. Any deadlines established for the purpose of
admitting students under section 3313.97 or 3313.98 of the Revised
Code shall be waived for students to whom this division pertains.
(D) If a community school does not intend to renew a contract
with its sponsor, the community school shall notify its sponsor in
writing of that fact at least one hundred eighty days prior to the
expiration of the contract. Such a community school may enter into
a contract with a new sponsor in accordance with section 3314.03
of the Revised Code upon the expiration of the previous contract.
(E) A sponsor of a community school and the officers,
directors, or employees of such a sponsor are not liable in
damages in a tort or other civil action for harm allegedly arising
from either of the following:
(1) A failure of the community school or any of its officers,
directors, or employees to perform any statutory or common law
duty or responsibility or any other legal obligation;
(2) An action or omission of the community school or any of
its officers, directors, or employees that results in harm.
(F) As used in this section:
(1) "Harm" means injury, death, or loss to person or
property.
(2) "Tort action" means a civil action for damages for
injury, death, or loss to person or property other than a civil
action for damages for a breach of contract or another agreement
between persons.
Sec. 3314.08. The deductions under division (C) and the
payments under division (D) of this section for fiscal years
2010
2012 and 2011 2013 shall be made in accordance with section
3314.088 of the Revised Code.
(A) As used in this section:
(1) "Base formula amount" means the amount specified as such
in a community school's financial plan for a school year pursuant
to division (A)(15) of section 3314.03 of the Revised Code.
(2) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(3) "Applicable special education weight" means the multiple
specified in section 3317.013 of the Revised Code for a disability
described in that section.
(4) "Applicable vocational education weight" means:
(a) For a student enrolled in vocational education programs
or classes described in division (A) of section 3317.014 of the
Revised Code, the multiple specified in that division;
(b) For a student enrolled in vocational education programs
or classes described in division (B) of section 3317.014 of the
Revised Code, the multiple specified in that division.
(5) "Entitled to attend school" means entitled to attend
school in a district under section 3313.64 or 3313.65 of the
Revised Code.
(6) A community school student is "included in the poverty
student count" of a school district if the student is entitled to
attend school in the district and the student's family receives
assistance under the Ohio works first program.
(7) "Poverty-based assistance reduction factor" means the
percentage figure, if any, for reducing the per pupil amount of
poverty-based assistance a community school is entitled to receive
pursuant to divisions (D)(5) to (9) of this section in any year,
as specified in the school's financial plan for the year pursuant
to division (A)(15) of section 3314.03 of the Revised Code.
(8) "All-day kindergarten" has the same meaning as in section
3317.029 3321.05 of the Revised Code.
(9) "State education aid" has the same meaning as in section
5751.20 of the Revised Code.
(B) The state board of education shall adopt rules requiring
both of the following:
(1) The board of education of each city, exempted village,
and local school district to annually report the number of
students entitled to attend school in the district who are
enrolled in grades one through twelve in a community school
established under this chapter, the number of students entitled to
attend school in the district who are enrolled in kindergarten in
a community school, the number of those kindergartners who are
enrolled in all-day kindergarten in their community school, and
for each child, the community school in which the child is
enrolled.
(2) The governing authority of each community school
established under this chapter to annually report all of the
following:
(a) The number of students enrolled in grades one through
twelve and the number of students enrolled in kindergarten in the
school who are not receiving special education and related
services pursuant to an IEP;
(b) The number of enrolled students in grades one through
twelve and the number of enrolled students in kindergarten, who
are receiving special education and related services pursuant to
an IEP;
(c) The number of students reported under division (B)(2)(b)
of this section receiving special education and related services
pursuant to an IEP for a disability described in each of divisions
(A) to (F) of section 3317.013 of the Revised Code;
(d) The full-time equivalent number of students reported
under divisions (B)(2)(a) and (b) of this section who are enrolled
in vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code that
are provided by the community school;
(e) Twenty per cent of the number of students reported under
divisions (B)(2)(a) and (b) of this section who are not reported
under division (B)(2)(d) of this section but who are enrolled in
vocational education programs or classes described in each of
divisions (A) and (B) of section 3317.014 of the Revised Code at a
joint vocational school district under a contract between the
community school and the joint vocational school district and are
entitled to attend school in a city, local, or exempted village
school district whose territory is part of the territory of the
joint vocational district;
(f) The number of enrolled preschool children with
disabilities receiving special education services in a
state-funded unit;
(g) The community school's base formula amount;
(h) For each student, the city, exempted village, or local
school district in which the student is entitled to attend school;
(i) Any poverty-based assistance reduction factor that
applies to a school year.
Each community school in its report of students under this
division shall specify separately those individuals between
twenty-two and thirty years of age enrolled in the school's
dropout prevention and recovery program under section 3314.38 of
the Revised Code for funding prescribed by that section.
(C) From the state education aid calculated for a city,
exempted village, or local school district and, if necessary, from
the payment made to the district under sections 321.24 and 323.156
of the Revised Code, the department of education shall annually
subtract the sum of the amounts described in divisions (C)(1) to
(9) of this section. However, when deducting payments on behalf of
students enrolled in internet- or computer-based community
schools, the department shall deduct only those amounts described
in divisions (C)(1) and (2) of this section. Furthermore, the
aggregate amount deducted under this division shall not exceed the
sum of the district's state education aid and its payment under
sections 321.24 and 323.156 of the Revised Code.
(1) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the number of the district's students reported under
divisions (B)(2)(a), (b), and (e) of this section who are enrolled
in grades one through twelve, and one-half the number of students
reported under those divisions who are enrolled in kindergarten,
in that community school is multiplied by the sum of the base
formula amount of that community school plus the per pupil amount
of the base funding supplements specified in divisions (C)(1) to
(4) of section 3317.012 of the Revised Code.
(2) The sum of the amounts calculated under divisions
(C)(2)(a) and (b) of this section:
(a) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in a community
school in grades one through twelve and receiving special
education and related services pursuant to an IEP for a disability
described in section 3317.013 of the Revised Code, the product of
the applicable special education weight times the community
school's base formula amount;
(b) For each of the district's students reported under
division (B)(2)(c) of this section as enrolled in kindergarten in
a community school and receiving special education and related
services pursuant to an IEP for a disability described in section
3317.013 of the Revised Code, one-half of the amount calculated as
prescribed in division (C)(2)(a) of this section.
When computing deductions under division (C)(2) of this
section, the department shall use the number of students with an
IEP reported by each community school under divisions (B)(2)(b)
and (c) of this section, as verified by the department, as the
basis for those deductions, regardless of whether any particular
student enrolls in a community school after the date required
under federal law for reporting to the United States department of
education the number of children with disabilities receiving
special education and related services.
(3) For each of the district's students reported under
division (B)(2)(d) of this section for whom payment is made under
division (D)(4) of this section, the amount of that payment;
(4) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the number of the district's students enrolled in that
community school who are included in the district's poverty
student count is multiplied by the per pupil amount of
poverty-based assistance the school district receives that year
pursuant to division (C) of section 3317.029 of the Revised Code,
as adjusted by any poverty-based assistance reduction factor of
that community school. The per pupil amount of that aid for the
district shall be calculated by the department.
(5) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount of aid received under
division (E) of section 3317.029 of the Revised Code, as adjusted
by any poverty-based assistance reduction factor of the community
school, is multiplied by the sum of the following:
(a) The number of the district's students reported under
division (B)(2)(a) of this section who are enrolled in grades one
to three in that community school and who are not receiving
special education and related services pursuant to an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are not receiving special education and related services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code is the quotient of the amount
the district received under that division divided by the
district's kindergarten through third grade ADM, as defined in
that section.
(6) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under division
(F) of section 3317.029 of the Revised Code, as adjusted by any
poverty-based assistance reduction factor of that community
school, is multiplied by the number of the district's students
enrolled in the community school who are identified as
limited-English proficient.
(7) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under division
(G) of section 3317.029 of the Revised Code, as adjusted by any
poverty-based assistance reduction factor of that community
school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section
3317.029 of the Revised Code is the district's amount per teacher
calculated under division (G)(1) or (2) of that section divided by
17.
(8) An amount equal to the sum of the amounts obtained when,
for each community school where the district's students are
enrolled, the district's per pupil amount received under divisions
(H) and (I) of section 3317.029 of the Revised Code, as adjusted
by any poverty-based assistance reduction factor of that community
school, is multiplied by the sum of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I)
of section 3317.029 of the Revised Code is the amount calculated
under each division divided by the district's formula ADM, as
defined in section 3317.02 of the Revised Code.
(9) An amount equal to the per pupil state parity aid funding
calculated for the school district under either division (C) or
(D) of section 3317.0217 of the Revised Code multiplied by the sum
of the number of students in grades one through twelve, and
one-half of the number of students in kindergarten, who are
entitled to attend school in the district and are enrolled in a
community school as reported under division (B)(1) of this
section.
(D) The department shall annually pay to a community school
established under this chapter the sum of the amounts described in
divisions (D)(1) to (10) of this section. However, the department
shall calculate and pay to each internet- or computer-based
community school only the amounts described in divisions (D)(1) to
(3) of this section. Furthermore, the sum of the payments to all
community schools under divisions (D)(1), (2), and (4) to (10) of
this section for the students entitled to attend school in any
particular school district shall not exceed the sum of that
district's state education aid and its payment under sections
321.24 and 323.156 of the Revised Code. If the sum of the payments
calculated under those divisions for the students entitled to
attend school in a particular school district exceeds the sum of
that district's state education aid and its payment under sections
321.24 and 323.156 of the Revised Code, the department shall
calculate and apply a proration factor to the payments to all
community schools under those divisions for the students entitled
to attend school in that district.
(1) Subject to section 3314.085 of the Revised Code, an An
amount equal to the sum of the amounts obtained when the number of
students enrolled in grades one through twelve, plus one-half of
the kindergarten students in the school, reported under divisions
(B)(2)(a), (b), and (e) of this section who are not receiving
special education and related services pursuant to an IEP for a
disability described in section 3317.013 of the Revised Code is
multiplied by the sum of the community school's base formula
amount plus the per pupil amount of the base funding supplements
specified in divisions (C)(1) to (4) of section 3317.012 of the
Revised Code.
(2) Prior to fiscal year 2007, the greater of the amount
calculated under division (D)(2)(a) or (b) of this section, and in
fiscal year 2007 and thereafter, the amount calculated under
division (D)(2)(b) of this section:
(a) The aggregate amount that the department paid to the
community school in fiscal year 1999 for students receiving
special education and related services pursuant to IEPs, excluding
federal funds and state disadvantaged pupil impact aid funds;
(b) The sum of the following amounts calculated under
divisions (D)(2)(b)(i) and (ii) of this section:
(i)(a) For each student reported under division (B)(2)(c) of
this section as enrolled in the school in grades one through
twelve and receiving special education and related services
pursuant to an IEP for a disability described in section 3317.013
of the Revised Code, the following amount:
(the school's base formula amount plus
the per pupil amount of the base funding supplements specified in
divisions (C)(1) to (4) of section 3317.012 of the Revised Code)
+ (the applicable special education weight X the
community school's base formula amount);
(ii)(b) For each student reported under division (B)(2)(c) of
this section as enrolled in kindergarten and receiving special
education and related services pursuant to an IEP for a disability
described in section 3317.013 of the Revised Code, one-half of the
amount calculated under the formula prescribed in division
(D)(2)(b)(i)(a) of this section.
When computing payments under division (D)(2) of this
section, the department shall use the number of students with an
IEP reported by the community school under divisions (B)(2)(b) and
(c) of this section, as verified by the department, as the basis
for those payments, regardless of whether any particular student
enrolls in the community school after the date required under
federal law for reporting to the United States department of
education the number of children with disabilities receiving
special education and related services.
(3) An amount received from federal funds to provide special
education and related services to students in the community
school, as determined by the superintendent of public instruction.
(4) For each student reported under division (B)(2)(d) of
this section as enrolled in vocational education programs or
classes that are described in section 3317.014 of the Revised
Code, are provided by the community school, and are comparable as
determined by the superintendent of public instruction to school
district vocational education programs and classes eligible for
state weighted funding under section 3317.014 of the Revised Code,
an amount equal to the applicable vocational education weight
times the community school's base formula amount times the
percentage of time the student spends in the vocational education
programs or classes.
(5) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the number of that district's students
enrolled in the community school who are included in the
district's poverty student count is multiplied by the per pupil
amount of poverty-based assistance that school district receives
that year pursuant to division (C) of section 3317.029 of the
Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school. The per pupil amount of
aid shall be determined as described in division (C)(4) of this
section.
(6) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount of aid
received under division (E) of section 3317.029 of the Revised
Code, as adjusted by any poverty-based assistance reduction factor
of the community school, is multiplied by the sum of the
following:
(a) The number of the district's students reported under
division (B)(2)(a) of this section who are enrolled in grades one
to three in that community school and who are not receiving
special education and related services pursuant to an IEP;
(b) One-half of the district's students who are enrolled in
all-day or any other kindergarten class in that community school
and who are not receiving special education and related services
pursuant to an IEP;
(c) One-half of the district's students who are enrolled in
all-day kindergarten in that community school and who are not
receiving special education and related services pursuant to an
IEP.
The district's per pupil amount of aid under division (E) of
section 3317.029 of the Revised Code shall be determined as
described in division (C)(5) of this section.
(7) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the number of that district's students
enrolled in the community school who are identified as
limited-English proficient is multiplied by the district's per
pupil amount received under division (F) of section 3317.029 of
the Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school.
(8) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount
received under division (G) of section 3317.029 of the Revised
Code, as adjusted by any poverty-based assistance reduction factor
of the community school, is multiplied by the sum of the
following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under division (G) of section
3317.029 of the Revised Code shall be determined as described in
division (C)(7) of this section.
(9) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount
received under divisions (H) and (I) of section 3317.029 of the
Revised Code, as adjusted by any poverty-based assistance
reduction factor of the community school, is multiplied by the sum
of the following:
(a) The number of the district's students enrolled in grades
one through twelve in that community school;
(b) One-half of the number of the district's students
enrolled in kindergarten in that community school.
The district's per pupil amount under divisions (H) and (I)
of section 3317.029 of the Revised Code shall be determined as
described in division (C)(8) of this section.
(10) An amount equal to the sum of the amounts obtained when,
for each school district where the community school's students are
entitled to attend school, the district's per pupil amount of
state parity aid funding calculated under either division (C) or
(D) of section 3317.0217 of the Revised Code is multiplied by the
sum of the number of that district's students enrolled in grades
one through twelve, and one-half of the number of that district's
students enrolled in kindergarten, in the community school as
reported under division (B)(2)(a) and (b) of this section.
(E)(1) If a community school's costs for a fiscal year for a
student receiving special education and related services pursuant
to an IEP for a disability described in divisions (B) to (F) of
section 3317.013 of the Revised Code exceed the threshold
catastrophic cost for serving the student as specified in division
(C)(3)(b) of section 3317.022 of the Revised Code, the school may
submit to the superintendent of public instruction documentation,
as prescribed by the superintendent, of all its costs for that
student. Upon submission of documentation for a student of the
type and in the manner prescribed, the department shall pay to the
community school an amount equal to the school's costs for the
student in excess of the threshold catastrophic costs.
(2) The community school shall only report under division
(E)(1) of this section, and the department shall only pay for, the
costs of educational expenses and the related services provided to
the student in accordance with the student's individualized
education program. Any legal fees, court costs, or other costs
associated with any cause of action relating to the student may
not be included in the amount.
(F) A community school may apply to the department of
education for preschool children with disabilities or gifted unit
funding the school would receive if it were a school district.
Upon request of its governing authority, a community school that
received such unit funding as a school district-operated school
before it became a community school shall retain any units awarded
to it as a school district-operated school provided the school
continues to meet eligibility standards for the unit.
A community school shall be considered a school district and
its governing authority shall be considered a board of education
for the purpose of applying to any state or federal agency for
grants that a school district may receive under federal or state
law or any appropriations act of the general assembly. The
governing authority of a community school may apply to any private
entity for additional funds.
(G) A board of education sponsoring a community school may
utilize local funds to make enhancement grants to the school or
may agree, either as part of the contract or separately, to
provide any specific services to the community school at no cost
to the school.
(H) A community school may not levy taxes or issue bonds
secured by tax revenues.
(I) No community school shall charge tuition for the
enrollment of any student.
(J)(1)(a) A community school may borrow money to pay any
necessary and actual expenses of the school in anticipation of the
receipt of any portion of the payments to be received by the
school pursuant to division (D) of this section. The school may
issue notes to evidence such borrowing. The proceeds of the notes
shall be used only for the purposes for which the anticipated
receipts may be lawfully expended by the school.
(b) A school may also borrow money for a term not to exceed
fifteen years for the purpose of acquiring facilities.
(2) Except for any amount guaranteed under section 3318.50 of
the Revised Code, the state is not liable for debt incurred by the
governing authority of a community school.
(K) For purposes of determining the number of students for
which divisions (D)(5) and (6) of this section applies in any
school year, a community school may submit to the department of
job and family services, no later than the first day of March, a
list of the students enrolled in the school. For each student on
the list, the community school shall indicate the student's name,
address, and date of birth and the school district where the
student is entitled to attend school. Upon receipt of a list under
this division, the department of job and family services shall
determine, for each school district where one or more students on
the list is entitled to attend school, the number of students
residing in that school district who were included in the
department's report under section 3317.10 of the Revised Code. The
department shall make this determination on the basis of
information readily available to it. Upon making this
determination and no later than ninety days after submission of
the list by the community school, the department shall report to
the state department of education the number of students on the
list who reside in each school district who were included in the
department's report under section 3317.10 of the Revised Code. In
complying with this division, the department of job and family
services shall not report to the state department of education any
personally identifiable information on any student.
(L) The department of education shall adjust the amounts
subtracted and paid under divisions (C) and (D) of this section to
reflect any enrollment of students in community schools for less
than the equivalent of a full school year. The state board of
education within ninety days after April 8, 2003, shall adopt in
accordance with Chapter 119. of the Revised Code rules governing
the payments to community schools under this section and section
3314.13 of the Revised Code including initial payments in a school
year and adjustments and reductions made in subsequent periodic
payments to community schools and corresponding deductions from
school district accounts as provided under divisions (C) and (D)
of this section and section 3314.13 of the Revised Code. For
purposes of this section and section 3314.13 of the Revised Code:
(1) A student shall be considered enrolled in the community
school for any portion of the school year the student is
participating at a college under Chapter 3365. of the Revised
Code.
(2) A student shall be considered to be enrolled in a
community school during a school year for the period of time
beginning on the later of the date on which the school both has
received documentation of the student's enrollment from a parent
and the student has commenced participation in learning
opportunities as defined in the contract with the sponsor, or
thirty days prior to the date on which the student is entered into
the education management information system established under
section 3301.0714 of the Revised Code. For purposes of applying
this division and division (L)(3) of this section to a community
school student, "learning opportunities" shall be defined in the
contract, which shall describe both classroom-based and
non-classroom-based learning opportunities and shall be in
compliance with criteria and documentation requirements for
student participation which shall be established by the
department. Any student's instruction time in non-classroom-based
learning opportunities shall be certified by an employee of the
community school. A student's enrollment shall be considered to
cease on the date on which any of the following occur:
(a) The community school receives documentation from a parent
terminating enrollment of the student.
(b) The community school is provided documentation of a
student's enrollment in another public or private school.
(c) The community school ceases to offer learning
opportunities to the student pursuant to the terms of the contract
with the sponsor or the operation of any provision of this
chapter.
Beginning in the 2011-2012 school year, any student who
completed the prior school year in a community school shall be
considered to be enrolled in the same school in the subsequent
school year until the student's enrollment has ceased as specified
in division (L)(2) of this section.
(3) The department shall determine each community school
student's percentage of full-time equivalency based on the
percentage of learning opportunities offered by the community
school to that student, reported either as number of hours or
number of days, is of the total learning opportunities offered by
the community school to a student who attends for the school's
entire school year. However, no internet- or computer-based
community school shall be credited for any time a student spends
participating in learning opportunities beyond ten hours within
any period of twenty-four consecutive hours. Whether it reports
hours or days of learning opportunities, each community school
shall offer not less than nine hundred twenty hours of learning
opportunities during the school year.
(M) The department of education shall reduce the amounts paid
under division (D) of this section to reflect payments made to
colleges under division (B) of section 3365.07 of the Revised Code
or through alternative funding agreements entered into under rules
adopted under section 3365.12 of the Revised Code.
(N)(1) No student shall be considered enrolled in any
internet- or computer-based community school or, if applicable to
the student, in any community school that is required to provide
the student with a computer pursuant to division (C) of section
3314.22 of the Revised Code, unless both of the following
conditions are satisfied:
(a) The student possesses or has been provided with all
required hardware and software materials and all such materials
are operational so that the student is capable of fully
participating in the learning opportunities specified in the
contract between the school and the school's sponsor as required
by division (A)(23) of section 3314.03 of the Revised Code;
(b) The school is in compliance with division (A) of section
3314.22 of the Revised Code, relative to such student.
(2) In accordance with policies adopted jointly by the
superintendent of public instruction and the auditor of state, the
department shall reduce the amounts otherwise payable under
division (D) of this section to any community school that includes
in its program the provision of computer hardware and software
materials to any student, if such hardware and software materials
have not been delivered, installed, and activated for each such
student in a timely manner or other educational materials or
services have not been provided according to the contract between
the individual community school and its sponsor.
The superintendent of public instruction and the auditor of
state shall jointly establish a method for auditing any community
school to which this division pertains to ensure compliance with
this section.
The superintendent, auditor of state, and the governor shall
jointly make recommendations to the general assembly for
legislative changes that may be required to assure fiscal and
academic accountability for such schools.
(O)(1) If the department determines that a review of a
community school's enrollment is necessary, such review shall be
completed and written notice of the findings shall be provided to
the governing authority of the community school and its sponsor
within ninety days of the end of the community school's fiscal
year, unless extended for a period not to exceed thirty additional
days for one of the following reasons:
(a) The department and the community school mutually agree to
the extension.
(b) Delays in data submission caused by either a community
school or its sponsor.
(2) If the review results in a finding that additional
funding is owed to the school, such payment shall be made within
thirty days of the written notice. If the review results in a
finding that the community school owes moneys to the state, the
following procedure shall apply:
(a) Within ten business days of the receipt of the notice of
findings, the community school may appeal the department's
determination to the state board of education or its designee.
(b) The board or its designee shall conduct an informal
hearing on the matter within thirty days of receipt of such an
appeal and shall issue a decision within fifteen days of the
conclusion of the hearing.
(c) If the board has enlisted a designee to conduct the
hearing, the designee shall certify its decision to the board. The
board may accept the decision of the designee or may reject the
decision of the designee and issue its own decision on the matter.
(d) Any decision made by the board under this division is
final.
(3) If it is decided that the community school owes moneys to
the state, the department shall deduct such amount from the
school's future payments in accordance with guidelines issued by
the superintendent of public instruction.
(P) The department shall not subtract from a school
district's state aid account under division (C) of this section
and shall not pay to a community school under division (D) of this
section any amount for any of the following:
(1) Any student who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any student who is not a resident of the state;
(3) Any student who was enrolled in the community school
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section, unless
the superintendent of public instruction grants the student a
waiver from the requirement to take the assessment and a parent is
not paying tuition for the student pursuant to section 3314.26 of
the Revised Code. The superintendent may grant a waiver only for
good cause in accordance with rules adopted by the state board of
education.
(4) Any student who has attained the age of twenty-two years,
except for veterans the following:
(a) A veteran of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply applies for enrollment in a community
school not later than four years after termination of war or their
the veteran's honorable discharge. If, however, any such veteran
elects to enroll in special courses organized for veterans for
whom tuition is paid under federal law, or otherwise, the
department shall not subtract from a school district's state aid
account under division (C) of this section and shall not pay to a
community school under division (D) of this section any amount for
that veteran.
(b) An individual enrolled under section 3314.38 of the
Revised Code in a dropout prevention and recovery program operated
by a community school.
Sec. 3314.087. (A) As used in this section:
(1) "Career-technical program" means vocational programs or
classes described in division (A) or (B) of section 3317.014 of
the Revised Code in which a student is enrolled.
(2) "Formula ADM," "category one or two vocational education
ADM," and "FTE basis" have the same meanings as in section 3317.02
of the Revised Code.
(3) "Resident school district" means the city, exempted
village, or local school district in which a student is entitled
to attend school under section 3313.64 or 3313.65 of the Revised
Code.
(B) Notwithstanding anything to the contrary in this chapter
or Chapter 3306. or 3317. of the Revised Code, a student enrolled
in a community school may simultaneously enroll in the
career-technical program operated by the student's resident school
district. On an FTE basis, the student's resident school district
shall count the student in the category one or two vocational
education ADM for the proportion of the time the student is
enrolled in the district's career-technical program and,
accordingly, the department of education shall calculate funds
under Chapters 3306. and Chapter 3317. for the district
attributable to the student for the proportion of time the student
attends the career-technical program. The community school shall
count the student in its enrollment report under section 3314.08
of the Revised Code and shall report to the department the
proportion of time that the student attends classes at the
community school. The department shall pay the community school
and deduct from the student's resident school district the amount
computed for the student under section 3314.08 of the Revised Code
in proportion to the fraction of the time on an FTE basis that the
student attends classes at the community school. "Full-time
equivalency" for a community school student, as defined in
division (L) of section 3314.08 of the Revised Code, does not
apply to the student.
Sec. 3314.088. (A) For purposes of applying sections 3314.08
and 3314.13 of the Revised Code to fiscal years 2010 2012 and 2011
2013:
(1)(A) The base formula amount for community schools for each
of fiscal
year 2010 is $5,718 and for fiscal year 2011 is $5,703.
These respective amounts years 2012 and 2013 is $5,653. That
amount shall be applied wherein sections 3314.08 and 3314.13 of
the Revised Code the base formula amount is specified, except for
deducting and paying amounts for special education weighted
funding and vocational education weighted funding.
(2)(B) The base funding supplements under section 3317.012 of
the Revised Code shall be deemed in each year to be the amounts
specified in that section for fiscal year 2009.
(3)(C) Special education additional weighted funding shall be
calculated by multiplying the applicable weight specified for
fiscal year 2009 in section 3317.013 of the Revised Code, as it
existed for that fiscal year 2009, times $5,732.
(4)(D) Vocational education additional weighted funding shall
be calculated by multiplying the applicable weight specified in
section 3317.014 of the Revised Code for fiscal year 2009 times
$5,732.
(5)(E) The per pupil amounts paid to a school district under
sections 3317.029 and 3317.0217 of the Revised Code shall be
deemed to be the respective per pupil amounts paid under those
sections to that district for fiscal year 2009.
(6)(F) A community school may receive all-day kindergarten
payments under section 3314.13 of the Revised Code only for
all-day kindergarten students who are entitled to attend school in
school districts that, for fiscal year 2009, met the eligibility
requirements of division (D) of section 3317.029 of the Revised
Code. For students entitled to attend school in such school
districts that actually received payment for all-day kindergarten
for fiscal year 2009, the payments to community schools under
section 3314.13 of the Revised Code shall be deducted from the
school district's state education aid. For students entitled to
attend school in such school districts that did not receive
payment for all-day kindergarten for fiscal year 2009, the
payments to community schools under section 3314.13 of the Revised
Code shall be paid out of the funds appropriated under
appropriation item 200550, foundation funding, as appropriated in
section 265.10 of Am. Sub. H.B. 1 of the 128th General Assembly.
As used in this division, "entitled to attend school" has the same
meaning as in section 3314.08 of the Revised Code.
(B) For purposes of applying section 3314.085 of the Revised
Code to fiscal years 2010 and 2011, the minimum per pupil
expenditure required for pupil instruction under that section is
$2,931, which equals the minimum amount required by that section
for fiscal year 2009.
Sec. 3314.091. (A) A school district is not required to
provide transportation for any native student enrolled in a
community school if the district board of education has entered
into an agreement with the community school's governing authority
that designates the community school as responsible for providing
or arranging for the transportation of the district's native
students to and from the community school. For any such agreement
to be effective, it must be certified by the superintendent of
public instruction as having met all of the following
requirements:
(1) It is submitted to the department of education by a
deadline which shall be established by the department.
(2) In accordance with divisions (C)(1) and (2) of this
section, it specifies qualifications, such as residing a minimum
distance from the school, for students to have their
transportation provided or arranged.
(3) The transportation provided by the community school is
subject to all provisions of the Revised Code and all rules
adopted under the Revised Code pertaining to pupil transportation.
(4) The sponsor of the community school also has signed the
agreement.
(B)(1) For the school year that begins on July 1, 2007, a
school district is not required to provide transportation for any
native student enrolled in a community school, if the community
school during the previous school year transported the students
enrolled in the school or arranged for the students'
transportation, even if that arrangement consisted of having
parents transport their children to and from the school, but did
not enter into an agreement to transport or arrange for
transportation for those students under division (A) of this
section, and if the governing authority of the community school by
July 15, 2007, submits written notification to the district board
of education stating that the governing authority is accepting
responsibility for providing or arranging for the transportation
of the district's native students to and from the community
school.
(2) For any school year subsequent to the school year that
begins on July 1, 2007, a school district is not required to
provide transportation for any native student enrolled in a
community school if the governing authority of the community
school, by the thirty-first day of January of the previous school
year, submits written notification to the district board of
education stating that the governing authority is accepting
responsibility for providing or arranging for the transportation
of the district's native students to and from the community
school. If the governing authority of the community school has
previously accepted responsibility for providing or arranging for
the transportation of a district's native students to and from the
community school, under division (B)(1) or (2) of this section,
and has since relinquished that responsibility under division
(B)(3) of this section, the governing authority shall not accept
that responsibility again unless the district board consents to
the governing authority's acceptance of that responsibility.
(3) A governing authority's acceptance of responsibility
under division (B)(1) or (2) of this section shall cover an entire
school year, and shall remain in effect for subsequent school
years unless the governing authority submits written notification
to the district board that the governing authority is
relinquishing the responsibility. However, a governing authority
shall not relinquish responsibility for transportation before the
end of a school year, and shall submit the notice relinquishing
responsibility by the thirty-first day of January, in order to
allow the school district reasonable time to prepare
transportation for its native students enrolled in the school.
(C)(1) A community school governing authority that enters
into an agreement under division (A) of this section, or that
accepts responsibility under division (B) of this section, shall
provide or arrange transportation free of any charge for each of
its enrolled students who is required to be transported under
section 3327.01 of the Revised Code or who would otherwise be
transported by the school district under the district's
transportation policy. The governing authority shall report to the
department of education the number of students transported or for
whom transportation is arranged under this section in accordance
with rules adopted by the state board of education.
(2) The governing authority may provide or arrange
transportation for any other enrolled student who is not eligible
for transportation in accordance with division (C)(1) of this
section and may charge a fee for such service up to the actual
cost of the service.
(3) Notwithstanding anything to the contrary in division
(C)(1) or (2) of this section, a community school governing
authority shall provide or arrange transportation free of any
charge for any disabled student enrolled in the school for whom
the student's individualized education program developed under
Chapter 3323. of the Revised Code specifies transportation.
(D)(1) If a school district board and a community school
governing authority elect to enter into an agreement under
division (A) of this section, the department of education shall
make payments to the community school according to the terms of
the agreement for each student actually transported under division
(C)(1) of this section.
If a community school governing authority accepts
transportation responsibility under division (B) of this section,
the department shall make payments to the community school for
each student actually transported or for whom transportation is
arranged by the community school under division (C)(1) of this
section, calculated as follows:
(a) For any fiscal year which the general assembly has
specified that transportation payments to school districts be
based on an across-the-board percentage of the district's payment
for the previous school year, the per pupil payment to the
community school shall be the following quotient:
(i) The total amount calculated for the school district in
which the child is entitled to attend school for student
transportation other than transportation of children with
disabilities; divided by
(ii) The number of students included in the district's
transportation ADM for the current fiscal year, as reported under
division (B)(13) of section 3317.03 of the Revised Code, plus the
number of students enrolled in the community school not counted in
the district's transportation ADM who are transported under
division (B)(1) or (2) of this section.
(b) For any fiscal year which the general assembly has
specified that the transportation payments to school districts be
calculated in accordance with section 3306.12 3317.0212 of the
Revised Code and any rules of the state board of education
implementing that section, the payment to the community school
shall be the amount so calculated that otherwise would be paid to
the school district in which the student is entitled to attend
school by the method of transportation the district would have
used. The community school, however, is not required to use the
same method to transport that student.
(c) Divisions (D)(1)(a) and (b) of this section do not apply
to fiscal years 2012 and 2013. Rather, for each of those fiscal
years, the per pupil payment to a community school for
transporting a student shall be the total amount paid under former
section 3306.12 of the Revised Code for fiscal year 2011 to the
school district in which the child is entitled to attend school
divided by that district's "qualifying ridership," as defined in
that section for fiscal year 2011.
As used in this division "entitled to attend school" means
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code.
(2) The department shall deduct the payment under division
(D)(1) of this section from the state education aid, as defined in
section 3314.08 of the Revised Code, and, if necessary, the
payment under sections 321.14 and 323.156 of the Revised Code,
that is otherwise paid to the school district in which the student
enrolled in the community school is entitled to attend school. The
department shall include the number of the district's native
students for whom payment is made to a community school under
division (D)(1) of this section in the calculation of the
district's transportation payment under section 3306.12 3317.0212
of the Revised Code and the operating appropriations act.
(3) A community school shall be paid under division (D)(1) of
this section only for students who are eligible as specified in
section 3327.01 of the Revised Code and division (C)(1) of this
section, and whose transportation to and from school is actually
provided, who actually utilized transportation arranged, or for
whom a payment in lieu of transportation is made by the community
school's governing authority. To qualify for the payments, the
community school shall report to the department, in the form and
manner required by the department, data on the number of students
transported or whose transportation is arranged, the number of
miles traveled, cost to transport, and any other information
requested by the department.
(4) A community school shall use payments received under this
section solely to pay the costs of providing or arranging for the
transportation of students who are eligible as specified in
section 3327.01 of the Revised Code and division (C)(1) of this
section, which may include payments to a parent, guardian, or
other person in charge of a child in lieu of transportation.
(E) Except when arranged through payment to a parent,
guardian, or person in charge of a child, transportation provided
or arranged for by a community school pursuant to an agreement
under this section is subject to all provisions of the Revised
Code, and all rules adopted under the Revised Code, pertaining to
the construction, design, equipment, and operation of school buses
and other vehicles transporting students to and from school. The
drivers and mechanics of the vehicles are subject to all
provisions of the Revised Code, and all rules adopted under the
Revised Code, pertaining to drivers and mechanics of such
vehicles. The community school also shall comply with sections
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B)
of section 3327.16 of the Revised Code and, subject to division
(C)(1) of this section, sections 3327.01 and 3327.02 of the
Revised Code, as if it were a school district.
Sec. 3314.10. (A)(1) The governing authority of any
community school established under this chapter, or any operator
of the school, or both, may employ teachers and nonteaching
employees necessary to carry out its
the school's mission and
fulfill its the school's contract.
(2) Except as otherwise provided under this division (A)(3)
of this section, employees hired by a community school governing
authority under this section are not subject to Chapter 4117. of
the Revised Code and may not organize and or collectively bargain
pursuant to Chapter 4117. of the Revised Code that chapter.
Notwithstanding division (D)(1) of section 4117.06 of the Revised
Code, a unit containing teaching and nonteaching employees
employed under this section shall be considered an appropriate
unit. As applicable, employment under this section is subject to
either Chapter 3307. or 3309. of the Revised Code.
(3) If a school is created by converting all or part of an
existing public school rather than by establishment of a new
start-up school, at the time of conversion, the The employees of
the
a community school shall remain part of any governing
authority who are covered by a collective bargaining
unit in
which they were included immediately prior to the conversion and
agreement on the effective date of this amendment shall remain
subject to any that collective bargaining agreement for that unit
in effect on the first day of July of the year in which the
community school initially begins operation and shall be subject
to any subsequent until the collective bargaining agreement
for
that unit, unless a petition is certified as sufficient under
division (A)(6) of this section with regard to those employees.
Any new employees of the community school shall also be included
in the unit to which they would have been assigned had not the
conversion taken place and shall be subject to the collective
bargaining agreement for that unit unless a petition is certified
as sufficient under division (A)(6) of this section with regard to
those employees expires on its terms. Upon expiration of the
collective bargaining agreement, the employees are not subject to
Chapter 4117. of the Revised Code and may not organize or
collectively bargain pursuant to that chapter.
Notwithstanding division (B) of section 4117.01 of the
Revised Code, the board of education of a school district and not
the governing authority of a community school shall be regarded,
for purposes of Chapter 4117. of the Revised Code, as the "public
employer" of the employees of a conversion community school
subject to a collective bargaining agreement pursuant to division
(A)(3) of this section unless a petition is certified under
division (A)(6) of this section with regard to those employees.
Only on and after the effective date of a petition certified as
sufficient under division (A)(6) of this section shall division
(A)(2) of this section apply to those employees of that community
school and only on and after the effective date of that petition
shall Chapter 4117. of the Revised Code apply to the governing
authority of that community school with regard to those employees.
(4) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill No.
133 of the 115th general assembly, the employees of a conversion
community school who are subject to a collective bargaining
agreement pursuant to division (A)(3) of this section shall cease
to be subject to that agreement and all subsequent agreements
pursuant to that division and shall cease to be part of the
collective bargaining unit that is subject to that and all
subsequent agreements, if a majority of the employees of that
community school who are subject to that collective bargaining
agreement sign and submit to the state employment relations board
a petition requesting all of the following:
(a) That all the employees of the community school who are
subject to that agreement be removed from the bargaining unit that
is subject to that agreement and be designated by the state
employment relations board as a new and separate bargaining unit
for purposes of Chapter 4117. of the Revised Code;
(b) That the employee organization certified as the exclusive
representative of the employees of the bargaining unit from which
the employees are to be removed be certified as the exclusive
representative of the new and separate bargaining unit for
purposes of Chapter 4117. of the Revised Code;
(c) That the governing authority of the community school be
regarded as the "public employer" of these employees for purposes
of Chapter 4117. of the Revised Code.
(5) Notwithstanding sections 4117.03 to 4117.18 of the
Revised Code and Section 4 of Amended Substitute Senate Bill No.
133 of the 115th general assembly, the employees of a conversion
community school who are subject to a collective bargaining
agreement pursuant to division (A)(3) of this section shall cease
to be subject to that agreement and all subsequent agreements
pursuant to that division, shall cease to be part of the
collective bargaining unit that is subject to that and all
subsequent agreements, and shall cease to be represented by any
exclusive representative of that collective bargaining unit, if a
majority of the employees of the community school who are subject
to that collective bargaining agreement sign and submit to the
state employment relations board a petition requesting all of the
following:
(a) That all the employees of the community school who are
subject to that agreement be removed from the bargaining unit that
is subject to that agreement;
(b) That any employee organization certified as the exclusive
representative of the employees of that bargaining unit be
decertified as the exclusive representative of the employees of
the community school who are subject to that agreement;
(c) That the governing authority of the community school be
regarded as the "public employer" of these employees for purposes
of Chapter 4117. of the Revised Code.
(6) Upon receipt of a petition under division (A)(4) or (5)
of this section, the state employment relations board shall check
the sufficiency of the signatures on the petition. If the
signatures are found sufficient, the board shall certify the
sufficiency of the petition and so notify the parties involved,
including the board of education, the governing authority of the
community school, and any exclusive representative of the
bargaining unit. The changes requested in a certified petition
shall take effect on the first day of the month immediately
following the date on which the sufficiency of the petition is
certified under division (A)(6) of this section.
(B)(1) The board of education of each city, local, and
exempted village school district sponsoring a community school and
the governing board of each educational service center in which a
community school is located shall adopt a policy that provides a
leave of absence of at least three years to each teacher or
nonteaching employee of the district or service center who is
employed by the government authority of a conversion or new
start-up community school sponsored by the district or located in
the district or center for the period during which the teacher or
employee is continuously employed by the community school. The
policy shall also provide that any teacher or nonteaching employee
may return to employment by the district or service center if the
teacher or employee leaves or is discharged from employment with
the community school for any reason, unless, in the case of a
teacher, the board of the district or service center determines
that the teacher was discharged for a reason for which the board
would have sought to discharge the teacher under section 3319.16
of the Revised Code, in which case the board may proceed to
discharge the teacher utilizing the procedures of that section.
Upon termination of such a leave of absence, any seniority that is
applicable to the person shall be calculated to include all of the
following: all employment by the district or service center prior
to the leave of absence; all employment by the community school
during the leave of absence; and all employment by the district or
service center after the leave of absence. The policy shall also
provide that if any teacher holding valid certification returns to
employment by the district or service center upon termination of
such a leave of absence, the teacher shall be restored to the
previous position and salary or to a position and salary similar
thereto. If, as a result of teachers returning to employment upon
termination of such leaves of absence, a school district or
educational service center reduces the number of teachers it
employs, it shall make such reductions in accordance with section
3319.17 or, if applicable, 3319.171 of the Revised Code.
Unless a collective bargaining agreement providing otherwise
is in effect for an employee of a conversion community school
pursuant to division (A)(3) of this section, an An employee on a
leave of absence pursuant to this division shall remain eligible
for any benefits that are in addition to benefits under Chapter
3307. or 3309. of the Revised Code provided by the district or
service center to its employees provided the employee pays the
entire cost associated with such benefits, except that personal
leave and vacation leave cannot be accrued for use as an employee
of a school district or service center while in the employ of a
community school unless the district or service center board
adopts a policy expressly permitting this accrual.
(2) While on a leave of absence pursuant to division (B)(1)
of this section, a conversion community school shall permit a
teacher to use sick leave accrued while in the employ of the
school district from which the leave of absence was taken and
prior to commencing such leave. If a teacher who is on such a
leave of absence uses sick leave so accrued, the cost of any
salary paid by the community school to the teacher for that time
shall be reported to the department of education. The cost of
employing a substitute teacher for that time shall be paid by the
community school. The department of education shall add amounts to
the payments made to a community school under this chapter as
necessary to cover the cost of salary reported by a community
school as paid to a teacher using sick leave so accrued pursuant
to this section. The department shall subtract the amounts of any
payments made to community schools under this division from
payments made to such sponsoring school district under
Chapters
3306. and Chapter 3317. of the Revised Code.
A school district providing a leave of absence and employee
benefits to a person pursuant to this division is not liable for
any action of that person while the person is on such leave and
employed by a community school.
Sec. 3314.19. The sponsor of each community school annually
shall provide the following assurances in writing to the
department of education not later than ten business five days
prior to the opening of the school:
(A) That a current copy of the contract between the sponsor
and the governing authority of the school entered into under
section 3314.03 of the Revised Code has been filed with the state
office of community schools established under section 3314.11 of
the Revised Code and that any subsequent modifications to that
contract will be filed with the office;
(B) That the school has submitted to the sponsor a plan for
providing special education and related services to students with
disabilities and has demonstrated the capacity to provide those
services in accordance with Chapter 3323. of the Revised Code and
federal law, as measured on an instructional-period basis;
(C) That the school has a plan and procedures for
administering the achievement and diagnostic assessments
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the
Revised Code;
(D) That school personnel have the necessary training,
knowledge, and resources to properly use and submit information to
all databases maintained by the department for the collection of
education data, including the education management information
system established under section 3301.0714 of the Revised Code in
accordance with methods and timelines established under section
3314.17 of the Revised Code;
(E) That all required information about the school has been
submitted to the Ohio education directory system or any successor
system;
(F) That the school will enroll at least the minimum number
of students required by division (A)(11)(a) of section 3314.03 of
the Revised Code in the school year for which the assurances are
provided;
(G) That all classroom teachers are licensed in accordance
with sections 3319.22 to 3319.31 of the Revised Code, except for
noncertificated persons engaged to teach up to twelve hours per
week pursuant to section 3319.301 of the Revised Code;
(H) That the school's fiscal officer is in compliance with
section 3314.011 of the Revised Code;
(I) That the school has complied with sections 3319.39 and
3319.391 of the Revised Code with respect to all employees and
that the school has conducted a criminal records check of each of
its governing authority members;
(J) That the school holds all of the following:
(1) Proof of property ownership or a lease for the facilities
used by the school;
(2) A certificate of occupancy;
(3) Liability insurance for the school, as required by
division (A)(11)(b) of section 3314.03 of the Revised Code, that
the sponsor considers sufficient to indemnify the school's
facilities, staff, and governing authority against risk;
(4) A satisfactory health and safety inspection;
(5) A satisfactory fire inspection;
(6) A valid food permit, if applicable.
(K) That the sponsor has conducted a pre-opening site visit
to the school for the school year for which the assurances are
provided;
(L) That the school has designated a date it will open for
the school year for which the assurances are provided that is in
compliance with division (A)(25) of section 3314.03 of the Revised
Code;
(M) That the school has met all of the sponsor's requirements
for opening and any other requirements of the sponsor.
Sec. 3314.26. (A) Each internet- or computer-based community
school shall withdraw from the school any student who, for two
consecutive school years, has failed to participate in the spring
administration of any assessment prescribed under section
3301.0710 or 3301.0712 of the Revised Code for the student's grade
level and was not excused from the assessment pursuant to division
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless
of whether a waiver was granted for the student under division
(P)(3) of section 3314.08 of the Revised Code. The school shall
report any such student's data verification code, as assigned
pursuant to section 3301.0714 of the Revised Code, to the
department of education. The department shall maintain a list of
all data verification codes reported under this division and
section 3313.6410 of the Revised Code and provide that list to
each internet- or computer-based community school and to each
school to which section 3313.6410 of the Revised Code applies.
Each internet- or computer-based school shall withdraw a student
under this section not later than the end of the second
consecutive school year in which the student has failed to
participate in the spring administration of assessments as
specified under this section.
(B) No internet- or computer-based community school shall
receive any state funds under this chapter for any enrolled
student whose data verification code appears on the list
maintained by the department under division (A) of this section.
Notwithstanding any provision of the Revised Code to the
contrary, the parent of any such student shall pay tuition to the
internet- or computer-based community school in an amount equal to
the state funds the school otherwise would receive for that
student, as determined by the department. An internet- or
computer-based community school may withdraw any student for whom
the parent does not pay tuition as required by this division.
Sec. 3314.35. (A)(1) Except as provided in division (A)(3)
of this section, this section applies to any community school that
meets one of the following criteria after July 1, 2008, but before
July 1, 2009:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for four consecutive school
years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than one standard year of academic growth in either reading or
mathematics, as determined by the department of education in
accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school satisfies all of the following conditions:
(i) The school offers any of grade levels ten to twelve.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
three consecutive school years.
(iii) For two of those school years, the school showed less
than two standard years of academic growth in either reading or
mathematics, as determined by the department in accordance with
rules adopted under division (A) of section 3302.021 of the
Revised Code.
(2) Except as provided in division (A)(3) of this section,
this section applies to any community school that meets one of the
following criteria after July 1, 2009, but before July 1, 2011:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
of education in accordance with rules adopted under division (A)
of section 3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for three of the four most
recent school years.
(2) Except as provided in division (A)(3) of this section,
this section applies to any community school that meets one of the
following criteria after July 1, 2011:
(a) The school does not offer a grade level higher than three
and has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(b) The school satisfies all of the following conditions:
(i) The school offers any of grade levels four to eight but
does not offer a grade level higher than nine.
(ii) The school has been declared to be in a state of
academic emergency under section 3302.03 of the Revised Code for
two of the three most recent school years.
(iii) In at least two of the three most recent school years,
the school showed less than one standard year of academic growth
in either reading or mathematics, as determined by the department
in accordance with rules adopted under division (A) of section
3302.021 of the Revised Code.
(c) The school offers any of grade levels ten to twelve and
has been declared to be in a state of academic emergency under
section 3302.03 of the Revised Code for two of the three most
recent school years.
(3) This section does not apply to either of the following:
(a) Any community school in which a majority of the students
are enrolled in a dropout prevention and recovery program that is
operated by the school and that has been granted a waiver under
section 3314.36 of the Revised Code;
(b) Any community school in which a majority of the enrolled
students are children with disabilities receiving special
education and related services in accordance with Chapter 3323. of
the Revised Code.
(B) Any community school to which this section applies shall
permanently close at the conclusion of the school year in which
the school first becomes subject to this section. The sponsor and
governing authority of the school shall comply with all procedures
for closing a community school adopted by the department under
division (E) of section 3314.015 of the Revised Code. The
governing authority of the school shall not enter into a contract
with any other sponsor under section 3314.03 of the Revised Code
after the school closes.
(C) Not later than July 1, 2008, the department shall
determine the feasibility of using the value-added progress
dimension, as defined in section 3302.01 of the Revised Code, as a
factor in evaluating the academic performance of community schools
described in division (A)(1)(c)(i) of this section.
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section,
if the department determines that using the value-added progress
dimension to evaluate community schools described in division
(A)(1)(c)(i) of this section is not feasible, a community school
described in that division shall be required to permanently close
under this section only if it has been declared to be in a state
of academic emergency under section 3302.03 of the Revised Code
for four consecutive school years.
(D) In accordance with division (B) of section 3314.012 of
the Revised Code, the department shall not consider the
performance ratings assigned to a community school for its first
two years of operation when determining whether the school meets
the criteria prescribed by division (A)(1) or (2) of this section.
The department shall reevaluate each community school that the
department directed to close at the conclusion of the 2009-2010
school year to determine if the school still meets the criteria
prescribed by division (A)(2) of this section when the school's
performance ratings for its first two years of operation are not
considered and, if the school no longer meets those criteria, the
department shall not require the school to close at the conclusion
of that school year.
Sec. 3314.36. (A) Section 3314.35 of the Revised Code does
not apply to any community school in which a majority of the
students are enrolled in a dropout prevention and recovery program
that is operated by the school and that has been granted a waiver
by the department of education. The department shall grant a
waiver to a dropout prevention and recovery program, within sixty
days after the program applies for the waiver, if the program
meets all of the following conditions:
(1) The program serves only students not younger than sixteen
years of age and not older than twenty-one years of age.
(2) The program enrolls students who, at the time of their
initial enrollment, either, or both, are at least one grade level
behind their cohort age groups or experience crises that
significantly interfere with their academic progress such that
they are prevented from continuing their traditional programs.
(3) The program requires students to attain at least the
applicable score designated for each of the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code or,
to the extent prescribed by rule of the state board of education
under division
(E)(D)(6) of section 3301.0712 of the Revised
Code, division (B)(2) of that section.
(4) The program develops an individual career plan for the
student that specifies the student's matriculating to a two-year
degree program, acquiring a business and industry credential, or
entering an apprenticeship.
(5) The program provides counseling and support for the
student related to the plan developed under division (A)(4) of
this section during the remainder of the student's high school
experience.
(6) Prior to receiving the waiver, the program has submitted
to the department an instructional plan that demonstrates how the
academic content standards adopted by the state board of education
under section 3301.079 of the Revised Code will be taught and
assessed.
If the department does not act either to grant the waiver or
to reject the program application for the waiver within sixty days
as required under this section, the waiver shall be considered to
be granted.
(B) Notwithstanding division (A) of this section, the
department shall not grant a waiver to any community school that
did not qualify for a waiver under this section when it initially
began operations, unless the state board of education approves the
waiver.
Sec. 3314.38. An individual who is at least twenty-two but
younger than thirty years of age and who has not been awarded a
high school diploma or a certificate of high school equivalence,
as defined in section 4109.06 of the Revised Code, may enroll in a
dropout prevention and recovery program operated by a community
school that has been granted a waiver under section 3314.36 of the
Revised Code for the same educational program offered to students
who are entitled to attend school in a school district under
section 3313.64 or 3313.65 of the Revised Code for up to two
cumulative school years. The community school shall include that
individual in the school's student enrollment reported under
division (B) of section 3314.08 of the Revised Code. The community
school shall receive the amounts attributable to the individual's
enrollment prescribed by division (D) of section 3314.08 of the
Revised Code paid from funds specifically appropriated for that
purpose.
Sec. 3314.50. If the governing authority of a community
school contracts with an operator, all of the following shall
apply:
(A) The governing authority may delegate any or all of the
rights, duties, and responsibilities of the governing authority to
the operator.
(B) Funds paid to the operator by the governing authority
shall belong solely to the operator and shall not be considered
public funds upon such payment. No public entity, including the
school, the department of education, or the state board of
education, shall have any interest in assets or property purchased
by the operator with those funds.
(C) Upon the expiration of the contract, the governing
authority shall offer the operator the opportunity to renew the
contract prior to soliciting services from any other operator.
(D) The operator shall have standing to bring an action or
proceeding in any court concerning the school's operations or the
renewal, nonrenewal, or termination of the governing authority's
contract with the school's sponsor entered into under section
3314.03 of the Revised Code, or to appear in any such action or
proceeding.
Sec. 3315.01. (A) Except as provided in division (B) of this
section and notwithstanding sections 3315.12 and 3315.14 of the
Revised Code, the board of education of any school district may
adopt a resolution requiring the treasurer of the district to
credit the earnings made on the investment of the principal of the
moneys specified in the resolution to the fund from which the
earnings arose or any other fund of the district as the board
specifies in its resolution.
(B) This section does not apply to the earnings made on the
investment of the bond retirement fund, the sinking fund, a
project construction fund established pursuant to sections 3318.01
to 3318.20 of the Revised Code, or the payments received by school
districts pursuant to division (I)(E) of section 3317.024 of the
Revised Code.
Sec. 3316.041. (A) Notwithstanding any provision of Chapter
133. or sections 3313.483 to 3313.4811 of the Revised Code, and
subject to the approval of the superintendent of public
instruction, a school district that is in a state of fiscal watch
declared under section 3316.03 of the Revised Code may restructure
or refinance loans obtained or in the process of being obtained
under section 3313.483 of the Revised Code if all of the following
requirements are met:
(1) The operating deficit certified for the school district
for the current or preceding fiscal year under section 3313.483 of
the Revised Code exceeds fifteen per cent of the district's
general revenue fund for the fiscal year preceding the year for
which the certification of the operating deficit is made.
(2) The school district voters have, during the period of the
fiscal watch, approved the levy of a tax under section 718.09,
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is
not a renewal or replacement levy, or a levy under section
5705.199 of the Revised Code, and that will provide new operating
revenue.
(3) The board of education of the school district has adopted
or amended the financial plan required by section 3316.04 of the
Revised Code to reflect the restructured or refinanced loans, and
sets forth the means by which the district will bring projected
operating revenues and expenditures, and projected debt service
obligations, into balance for the life of any such loan.
(B) Subject to the approval of the superintendent of public
instruction, the school district may issue securities to evidence
the restructuring or refinancing authorized by this section. Such
securities may extend the original period for repayment not to
exceed ten years, and may alter the frequency and amount of
repayments, interest or other financing charges, and other terms
or agreements under which the loans were originally contracted,
provided the loans received under sections 3313.483 of the Revised
Code are repaid from funds the district would otherwise receive
under Chapter 3306. 3317. of the Revised Code, as required under
division (E)(3) of section 3313.483 of the Revised Code.
Securities issued for the purpose of restructuring or refinancing
under this section shall be repaid in equal payments and at equal
intervals over the term of the debt and are not eligible to be
included in any subsequent proposal to restructure or refinance.
(C) Unless the district is declared to be in a state of
fiscal emergency under division (D) of section 3316.04 of the
Revised Code, a school district shall remain in a state of fiscal
watch for the duration of the repayment period of any loan
restructured or refinanced under this section.
Sec. 3316.06. (A) Within one hundred twenty days after the
first meeting of a school district financial planning and
supervision commission, the commission shall adopt a financial
recovery plan regarding the school district for which the
commission was created. During the formulation of the plan, the
commission shall seek appropriate input from the school district
board and from the community. This plan shall contain the
following:
(1) Actions to be taken to:
(a) Eliminate all fiscal emergency conditions declared to
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past-due accounts payable, and all
past-due and payable payroll and fringe benefits;
(c) Eliminate the deficits in all deficit funds, except that
any prior year deficits in the textbook and instructional
materials fund established pursuant to section 3315.17 of the
Revised Code and the capital and maintenance fund established
pursuant to section 3315.18 of the Revised Code shall be forgiven;
(d) Restore to special funds any moneys from such funds that
were used for purposes not within the purposes of such funds, or
borrowed from such funds by the purchase of debt obligations of
the school district with the moneys of such funds, or missing from
the special funds and not accounted for, if any;
(e) Balance the budget, avoid future deficits in any funds,
and maintain on a current basis payments of payroll, fringe
benefits, and all accounts;
(f) Avoid any fiscal emergency condition in the future;
(g) Restore the ability of the school district to market
long-term general obligation bonds under provisions of law
applicable to school districts generally.
(2) The management structure that will enable the school
district to take the actions enumerated in division (A)(1) of this
section. The plan shall specify the level of fiscal and management
control that the commission will exercise within the school
district during the period of fiscal emergency, and shall
enumerate respectively, the powers and duties of the commission
and the powers and duties of the school board during that period.
The commission may elect to assume any of the powers and duties of
the school board it considers necessary, including all powers
related to personnel, curriculum, and legal issues in order to
successfully implement the actions described in division (A)(1) of
this section.
(3) The target dates for the commencement, progress upon, and
completion of the actions enumerated in division (A)(1) of this
section and a reasonable period of time expected to be required to
implement the plan. The commission shall prepare a reasonable time
schedule for progress toward and achievement of the requirements
for the plan, and the plan shall be consistent with that time
schedule.
(4) The amount and purpose of any issue of debt obligations
that will be issued, together with assurances that any such debt
obligations that will be issued will not exceed debt limits
supported by appropriate certifications by the fiscal officer of
the school district and the county auditor. Debt obligations
issued pursuant to section 133.301 of the Revised Code shall
include assurances that such debt shall be in an amount not to
exceed the amount certified under division (B) of such section. If
the commission considers it necessary in order to maintain or
improve educational opportunities of pupils in the school
district, the plan may include a proposal to restructure or
refinance outstanding debt obligations incurred by the board under
section 3313.483 of the Revised Code contingent upon the approval,
during the period of the fiscal emergency, by district voters of a
tax levied under section 718.09, 718.10, 5705.194, 5705.21,
5748.02, or 5748.08 of the Revised Code that is not a renewal or
replacement levy, or a levy under section 5705.199 of the Revised
Code, and that will provide new operating revenue. Notwithstanding
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of
the Revised Code, following the required approval of the district
voters and with the approval of the commission, the school
district may issue securities to evidence the restructuring or
refinancing. Those securities may extend the original period for
repayment, not to exceed ten years, and may alter the frequency
and amount of repayments, interest or other financing charges, and
other terms of agreements under which the debt originally was
contracted, at the discretion of the commission, provided that any
loans received pursuant to section 3313.483 of the Revised Code
shall be paid from funds the district would otherwise receive
under Chapter 3306. 3317. of the Revised Code, as required under
division (E)(3) of section 3313.483 of the Revised Code. The
securities issued for the purpose of restructuring or refinancing
the debt shall be repaid in equal payments and at equal intervals
over the term of the debt and are not eligible to be included in
any subsequent proposal for the purpose of restructuring or
refinancing debt under this section.
(B) Any financial recovery plan may be amended subsequent to
its adoption. Each financial recovery plan shall be updated
annually.
(C) Each school district financial planning and supervision
commission shall submit the financial recovery plan it adopts or
updates under this section to the state superintendent of public
instruction for approval immediately following its adoption or
updating. The state superintendent shall evaluate the plan and
either approve or disapprove it within thirty calendar days from
the date of its submission. If the plan is disapproved, the state
superintendent shall recommend modifications that will render it
acceptable. No financial planning and supervision commission shall
implement a financial recovery plan that is adopted or updated on
or after April 10, 2001, unless the state superintendent has
approved it.
Sec. 3316.20. (A)(1) The school district solvency assistance
fund is hereby created in the state treasury, to consist of such
amounts designated for the purposes of the fund by the general
assembly. The fund shall be used to provide assistance and grants
to school districts to enable them to remain solvent and to pay
unforeseeable expenses of a temporary or emergency nature that
they are unable to pay from existing resources.
(2) There is hereby created within the fund an account known
as the school district shared resource account, which shall
consist of money appropriated to it by the general assembly. The
money in the account shall be used solely for solvency assistance
to school districts that have been declared under division (B) of
section 3316.03 of the Revised Code to be in a state of fiscal
emergency.
(3) There is hereby created within the fund an account known
as the catastrophic expenditures account, which shall consist of
money appropriated to the account by the general assembly plus all
investment earnings of the fund. Money in the account shall be
used solely for the following:
(a) Solvency assistance to school districts that have been
declared under division (B) of section 3316.03 of the Revised Code
to be in a state of fiscal emergency, in the event that all money
in the shared resource account is utilized for solvency
assistance;
(b) Grants to school districts under division (C) of this
section.
(B) Solvency assistance payments under division (A)(2) or
(3)(a) of this section shall be made from the fund by the
superintendent of public instruction in accordance with rules
adopted by the director of budget and management, after consulting
with the superintendent, specifying approval criteria and
procedures necessary for administering the fund.
The fund shall be reimbursed for any solvency assistance
amounts paid under division (A)(2) or (3)(a) of this section not
later than the end of the second fiscal year following the fiscal
year in which the solvency assistance payment was made. If not
made directly by the school district, such reimbursement shall be
made by the director of budget and management from the amounts the
school district would otherwise receive pursuant to Chapter 3306.
3317. of the Revised Code, or from any other funds appropriated
for the district by the general assembly. Reimbursements shall be
credited to the respective account from which the solvency
assistance paid to the district was deducted.
(C) The superintendent of public instruction may make
recommendations, and the controlling board may grant money from
the catastrophic expenditures account to any school district that
suffers an unforeseen catastrophic event that severely depletes
the district's financial resources. The superintendent shall make
recommendations for the grants in accordance with rules adopted by
the director of budget and management, after consulting with the
superintendent. A school district shall not be required to repay
any grant awarded to the district under this division, unless the
district receives money from this state or a third party,
including an agency of the government of the United States,
specifically for the purpose of compensating the district for
revenue lost or expenses incurred as a result of the unforeseen
catastrophic event. If a school district receives a grant from the
catastrophic expenditures account on the basis of the same
circumstances for which an adjustment or recomputation is
authorized under section 3317.025, 3317.026, 3317.027, 3317.028,
3317.0210, or 3317.0211 of the Revised Code, the department of
education shall reduce the adjustment or recomputation by an
amount not to exceed the total amount of the grant, and an amount
equal to the reduction shall be transferred, from the funding
source from which the adjustment or recomputation would be paid,
to the catastrophic expenditures account. Any adjustment or
recomputation under such sections that is in excess of the total
amount of the grant shall be paid to the school district.
Sec. 3317.01. As used in this section and section 3317.011
of the Revised Code, "school district," unless otherwise
specified, means any city, local, exempted village, joint
vocational, or cooperative education school district and any
educational service center.
This chapter shall be administered by the state board of
education. The superintendent of public instruction shall
calculate the amounts payable to each school district and shall
certify the amounts payable to each eligible district to the
treasurer of the district as provided by this chapter. As soon as
possible after such amounts are calculated, the superintendent
shall certify to the treasurer of each school district the
district's adjusted charge-off increase, as defined in section
5705.211 of the Revised Code. No moneys shall be distributed
pursuant to this chapter without the approval of the controlling
board.
The state board of education shall, in accordance with
appropriations made by the general assembly, meet the financial
obligations of this chapter.
Moneys distributed pursuant to this chapter shall be
calculated and paid on a fiscal year basis, beginning with the
first day of July and extending through the thirtieth day of June.
The moneys appropriated for each fiscal year shall be distributed
periodically to each school district unless otherwise provided
for. The state board, in June of each year, shall submit a yearly
distribution plan to the controlling board at its first meeting in
July. The state board shall submit any proposed midyear revision
of the plan to the controlling board in January. Any year-end
revision of the plan shall be submitted to the controlling board
in June. If moneys appropriated for each fiscal year are
distributed other than monthly, such distribution shall be on the
same basis for each school district the state board's year-end
distributions pursuant to this chapter.
Except as otherwise provided, payments under this chapter
shall be made only to those school districts in which:
(A) The school district, except for any educational service
center and any joint vocational or cooperative education school
district, levies for current operating expenses at least twenty
mills. Levies for joint vocational or cooperative education school
districts or county school financing districts, limited to or to
the extent apportioned to current expenses, shall be included in
this qualification requirement. School district income tax levies
under Chapter 5748. of the Revised Code, limited to or to the
extent apportioned to current operating expenses, shall be
included in this qualification requirement to the extent
determined by the tax commissioner under division (D) of section
3317.021 of the Revised Code.
(B) The school year next preceding the fiscal year for which
such payments are authorized meets the requirement of section
3313.48 or 3313.481 of the Revised Code, with regard to the
minimum number of days or hours school must be open for
instruction with pupils in attendance, for individualized
parent-teacher conference and reporting periods, and for
professional meetings of teachers. This requirement shall be
waived by the superintendent of public instruction if it had been
necessary for a school to be closed because of disease epidemic,
hazardous weather conditions, inoperability of school buses or
other equipment necessary to the school's operation, damage to a
school building, or other temporary circumstances due to utility
failure rendering the school building unfit for school use,
provided that for those school districts operating pursuant to
section 3313.48 of the Revised Code the number of days the school
was actually open for instruction with pupils in attendance and
for individualized parent-teacher conference and reporting periods
is not less than one hundred seventy-five, or for those school
districts operating on a trimester plan the number of days the
school was actually open for instruction with pupils in attendance
not less than seventy-nine days in any trimester, for those school
districts operating on a quarterly plan the number of days the
school was actually open for instruction with pupils in attendance
not less than fifty-nine days in any quarter, or for those school
districts operating on a pentamester plan the number of days the
school was actually open for instruction with pupils in attendance
not less than forty-four days in any pentamester. However, for
fiscal year 2012, the superintendent shall waive two fewer such
days for the 2010-2011 school year.
A school district shall not be considered to have failed to
comply with this division or section 3313.481 of the Revised Code
because schools were open for instruction but either twelfth grade
students were excused from attendance for up to three days or only
a portion of the kindergarten students were in attendance for up
to three days in order to allow for the gradual orientation to
school of such students.
The superintendent of public instruction shall waive the
requirements of this section with reference to the minimum number
of days or hours school must be in session with pupils in
attendance for the school year succeeding the school year in which
a board of education initiates a plan of operation pursuant to
section 3313.481 of the Revised Code. The minimum requirements of
this section shall again be applicable to such a district
beginning with the school year commencing the second July
succeeding the initiation of one such plan, and for each school
year thereafter.
A school district shall not be considered to have failed to
comply with this division or section 3313.48 or 3313.481 of the
Revised Code because schools were open for instruction but the
length of the regularly scheduled school day, for any number of
days during the school year, was reduced by not more than two
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in
accordance with, a teachers' salary schedule which complies with
section 3317.13 of the Revised Code.
A board of education or governing board of an educational
service center which has not conformed with other law and the
rules pursuant thereto, shall not participate in the distribution
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,
3317.16, 3317.17, and 3317.19 of the Revised Code this chapter,
except for good and sufficient reason established to the
satisfaction of the state board of education and the state
controlling board.
All funds allocated to school districts under this chapter,
except those specifically allocated for other purposes, shall be
used to pay current operating expenses only.
Sec. 3317.013. Except for a preschool child with a
disability for whom a scholarship has been awarded under section
3310.41 of the Revised Code, this section does not apply to
preschool children with disabilities.
Analysis of special education cost data has resulted in a
finding that the average special education additional cost per
pupil, including the costs of related services, can be expressed
as a multiple of the base cost per pupil calculated under section
3317.012 of the Revised Code formula amount. The multiples for the
following categories of special education programs, as these
programs are defined for purposes of Chapter 3323. of the Revised
Code, and adjusted as provided in this section, are as follows:
(A) A multiple of 0.2892 0.2906 for students whose primary or
only identified disability is a speech and language disability, as
this term is defined pursuant to Chapter 3323. of the Revised
Code;
(B) A multiple of
0.3691 0.7374 for students identified as
specific learning disabled or developmentally disabled, as these
terms are defined pursuant to Chapter 3323. of the Revised Code,
or as having an other health impairment-minor;
(C) A multiple of
1.7695 1.7716 for students identified as
hearing disabled, vision impaired, or severe behavior disabled, as
these terms are defined pursuant to Chapter 3323. of the Revised
Code;
(D) A multiple of 2.3646 2.3643 for students identified as
orthopedically disabled vision impaired, as this term is defined
pursuant to Chapter 3323. of the Revised Code, or as having an
other health impairment-major;
(E) A multiple of 3.1129 3.2022 for students identified as
orthopedically disabled or as having multiple disabilities, as
this term is these terms are defined pursuant to Chapter 3323. of
the Revised Code;
(F) A multiple of 4.7342 4.7205 for students identified as
autistic, having traumatic brain injuries, or as both visually and
hearing impaired, as these terms are defined pursuant to Chapter
3323. of the Revised Code.
In fiscal years 2008, 2009, 2010, and 2011, 2012, and 2013,
the multiples specified in divisions (A) to (F) of this section
shall be adjusted by multiplying them by 0.90.
Not later than the thirtieth day of December in 2007, 2008,
and 2009, the department of education shall submit to the office
of budget and management a report that specifies for each city,
local, exempted village, and joint vocational school district the
fiscal year allocation of the state and local shares of special
education and related services additional weighted funding and
federal special education funds passed through to the district.
Sec. 3317.014. The average vocational education additional
cost per pupil can be expressed as a multiple of the base cost per
pupil calculated under section 3317.012 of the Revised Code
formula amount. The multiples for the following categories of
vocational education programs are as follows:
(A) A multiple of 0.57 for students enrolled in vocational
education job-training and workforce development programs approved
by the department of education in accordance with rules adopted
under section 3313.90 of the Revised Code.
(B) A multiple of 0.28 for students enrolled in vocational
education classes other than job-training and workforce
development programs.
Vocational education associated services costs can be
expressed as a multiple of 0.05 of the base cost per pupil
calculated under section 3317.012 of the Revised Code formula
amount.
By the thirtieth day of each December, the department of
education shall report to the office of budget and management and
the general assembly the amount of weighted funding for vocational
education and associated services that was spent by each city,
local, exempted village, and joint vocational school district
specifically for vocational educational and associated services
during the previous fiscal year.
Sec. 3317.018. (A) The department of education shall make no
calculations or payments under Chapter 3317. of the Revised Code
for any fiscal year except as prescribed in this section.
The
payments authorized under this section are in addition to payments
computed and paid for fiscal years 2012 and 2013 under the section
of this act entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND
LOCAL SCHOOL DISTRICTS."
(B) School districts shall report student enrollment data as
prescribed by section 3317.03 of the Revised Code, which data the
department shall use to make payments under Chapters 3306. and
Chapter 3317. of the Revised Code.
and the section of this act
entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL
DISTRICTS."
(C) The tax commissioner shall report data regarding tax
valuation and receipts for school districts as prescribed by
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M)(K)
of section 3317.02 of the Revised Code, which data the department
shall use to make payments under Chapters 3306. and Chapter 3317.
of the Revised Code.
and the section of this act entitled "FUNDING
FOR CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICTS."
(D) Unless otherwise specified by another provision of law,
in addition to the payments prescribed by Chapter 3306. of the
Revised Code, the department shall continue to make payments to or
adjustments for school districts in fiscal years after fiscal year
2009 under the following provisions of Chapter 3317. of the
Revised Code:
(1) The catastrophic cost reimbursement under division (C)(3)
of section 3317.022 of the Revised Code; however, when computing
that payment, the department shall use the disability categories
and multiples specified in section 3317.013 of the Revised Code as
that section existed prior to the effective date of this
amendment. No other payments shall be made under that section
3317.022 of the Revised Code.
(2) All payments or adjustments under section 3317.023 of the
Revised Code, except no payments or adjustments shall be made
under divisions (B), (C), and (D) of that section.
(3) All payments or adjustments under section 3317.024 of the
Revised Code, except no payments or adjustments shall be made
under divisions (F), (L), and (N) of that section.
(4) All payments and adjustments under sections 3317.025,
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the
Revised Code;
(5) Payments under section 3317.04 of the Revised Code;
(6) Unit payments under sections 3317.05, 3317.051, 3317.052,
and 3317.053 of the Revised Code, except that no units for gifted
funding are authorized after fiscal year 2009.
(7)(6) Payments under sections 3317.06, 3317.063, and
3317.064 of the Revised Code;
(8) Payments under section 3317.07 of the Revised Code;
(9)(7) Payments to educational service centers under section
3317.11 of the Revised Code;
(10)(8) The catastrophic cost reimbursement under division
(E) of section 3317.16 of the Revised Code and excess cost
reimbursements under division (G) of that section; however, when
computing that payment, the department shall use the disability
categories and multiples specified in section 3317.013 of the
Revised Code as that section existed prior to the effective date
of this amendment. No other payments shall be made under that
section 3317.16 of the Revised Code;
(11) Payments under section 3317.17 of the Revised Code;
(12)(9) Adjustments under section 3317.18 of the Revised
Code;
(13)(10) Payments to cooperative education school districts
under section 3317.19 of the Revised Code;
(14)(11) Payments to county MR/DD DD boards under section
3317.20 of the Revised Code;
(15)(12) Payments to state institutions for weighted special
education funding under section 3317.201 of the Revised Code.
(E) Sections 3317.016 and 3317.017 shall not apply to fiscal
years after fiscal year 2009.
(F) This section does not affect the provisions of sections
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.15,
3317.50, and 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised
Code.
(F) The department shall make no payments for fiscal year
2012 or 2013 under section 3317.0212 of the Revised Code.
Sec. 3317.02. As used in this chapter:
(A) Unless otherwise specified, "school district" means city,
local, and exempted village school districts.
(B) "Formula amount" means $5,732 $5,653 for fiscal year 2010
2012 and fiscal year 2011 2013.
(C) "FTE basis" means a count of students based on full-time
equivalency, in accordance with rules adopted by the department of
education pursuant to section 3317.03 of the Revised Code. In
adopting its rules under this division, the department shall
provide for counting any student in category one, two, three,
four, five, or six special education ADM or in category one or two
vocational education ADM in the same proportion the student is
counted in formula ADM.
(D)(1) "Formula ADM" means, for a city, local, or exempted
village school district, "formula ADM" as defined in section
3306.02 of the Revised Code. the average daily membership
described in division (A) of section 3317.03 of the Revised Code,
as verified by the superintendent of public instruction and
adjusted if so ordered under division (K) of that section, and as
further adjusted by the department of education, as follows:
(a) Count only twenty per cent of the number of joint
vocational school district students counted under division (A)(3)
of section 3317.03 of the Revised Code;
(b) Add twenty per cent of the number of students who are
entitled to attend school in the district under section 3313.64 or
3313.65 of the Revised Code and are enrolled in another school
district under a career-technical educational compact.
(2) "Formula ADM" means, for a joint vocational school
district, the final number verified by the superintendent of
public instruction, based on the number reported pursuant to
division (D) of section 3317.03 of the Revised Code, as adjusted,
if so ordered, under division (K) of that section.
For purposes
of the calculation of payments to or adjustments for a city,
exempted village, local, or joint vocational school district under
this chapter or under Chapter 3306. of the Revised Code,
calculations required under Chapter 3318. of the Revised Code, or
adjustments required under Chapter 3365. of the Revised Code, the
department of education shall use the district's formula ADM for
the previous fiscal year, unless the district's average daily
membership reported and verified for the current fiscal year is at
least two per cent greater than the formula ADM reported for the
previous fiscal year, in which case the department shall use the
district's formula ADM for the current fiscal year.
(E) "Three-year average formula ADM" means the average of
formula ADMs for the preceding three fiscal years.
(F)(1) "Category one special education ADM" means the average
daily membership of children with disabilities receiving special
education services for the disability specified in division
(D)(1)(A) of section 3306.02 3317.013 of the Revised Code and
reported under division (B)(5) or (D)(2)(b) of section 3317.03 of
the Revised Code.
(2) "Category two special education ADM" means the average
daily membership of children with disabilities receiving special
education services for those disabilities specified in division
(D)(2)(B) of section 3306.02 3317.013 of the Revised Code and
reported under division (B)(6) or (D)(2)(c) of section 3317.03 of
the Revised Code.
(3) "Category three special education ADM" means the average
daily membership of students receiving special education services
for those disabilities specified in division (D)(3)(C) of section
3306.02 3317.013 of the Revised Code, and reported under division
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.
(4) "Category four special education ADM" means the average
daily membership of students receiving special education services
for those disabilities specified in division (D)(4) of section
3306.02 3317.013 of the Revised Code and reported under division
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.
(5) "Category five special education ADM" means the average
daily membership of students receiving special education services
for the disabilities specified in division (D)(5)(E) of section
3306.02 3317.013 of the Revised Code and reported under division
(B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code.
(6) "Category six special education ADM" means the average
daily membership of students receiving special education services
for the disabilities specified in division (D)(6)(F) of section
3306.02 3317.013 of the Revised Code and reported under division
(B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code.
(7) "Category one vocational education ADM" means the average
daily membership of students receiving vocational education
services described in division (A) of section 3317.014 of the
Revised Code and reported under division (B)(11) or (D)(2)(h) of
section 3317.03 of the Revised Code.
(8) "Category two vocational education ADM" means the average
daily membership of students receiving vocational education
services described in division (B) of section 3317.014 of the
Revised Code and reported under division (B)(12) or (D)(2)(i) of
section 3317.03 of the Revised Code.
(G) "Preschool child with a disability" means a child with a
disability, as defined in section 3323.01 of the Revised Code, who
is at least age three but is not of compulsory school age, as
defined in section 3321.01 of the Revised Code, and who is not
currently enrolled in kindergarten.
(H) "County DD board" means a county board of developmental
disabilities.
(I) "Recognized valuation" means the amount calculated for a
school district pursuant to section 3317.015 of the Revised Code.
(J) "Transportation ADM" means the number of children
reported under division (B)(13) of section 3317.03 of the Revised
Code.
(K) "Average efficient transportation use cost per student"
means a statistical representation of transportation costs as
calculated under division (D)(2) of section 3317.022 of the
Revised Code.
(L) "Taxes charged and payable" means the taxes charged and
payable against real and public utility property after making the
reduction required by section 319.301 of the Revised Code, plus
the taxes levied against tangible personal property.
(M)(K) "Total taxable value" means the sum of the amounts
certified for a city, local, exempted village, or joint vocational
school district under divisions (A)(1) and (2) of section 3317.021
of the Revised Code.
(N)(L) "Tax exempt value" of a school district means the
amount certified for a school district under division (A)(4) of
section 3317.021 of the Revised Code.
(O)(M) "Potential value" of a school district means the
recognized valuation of a school district plus the tax exempt
value of the district.
(P)(N) "District median income" means the median Ohio
adjusted gross income certified for a school district. On or
before the first day of July of each year, the tax commissioner
shall certify to the department of education and the office of
budget and management for each city, exempted village, and local
school district the median Ohio adjusted gross income of the
residents of the school district determined on the basis of tax
returns filed for the second preceding tax year by the residents
of the district.
(Q)(O) "Statewide median income" means the median district
median income of all city, exempted village, and local school
districts in the state.
(R)(P) "Income factor" for a city, exempted village, or local
school district means the quotient obtained by dividing that
district's median income by the statewide median income.
(S)(Q) "Medically fragile child" means a child to whom all of
the following apply:
(1) The child requires the services of a doctor of medicine
or osteopathic medicine at least once a week due to the
instability of the child's medical condition.
(2) The child requires the services of a registered nurse on
a daily basis.
(3) The child is at risk of institutionalization in a
hospital, skilled nursing facility, or intermediate care facility
for the mentally retarded.
(T)(R) A child may be identified as having an "other health
impairment-major" if the child's condition meets the definition of
"other health impaired" established in rules adopted by the state
board of education prior to July 1, 2001, and if either of the
following apply:
(1) The child is identified as having a medical condition
that is among those listed by the superintendent of public
instruction as conditions where a substantial majority of cases
fall within the definition of "medically fragile child." The
superintendent of public instruction shall issue an initial list
no later than September 1, 2001.
(2) The child is determined by the superintendent of public
instruction to be a medically fragile child. A school district
superintendent may petition the superintendent of public
instruction for a determination that a child is a medically
fragile child.
(U)(S) A child may be identified as having an "other health
impairment-minor" if the child's condition meets the definition of
"other health impaired" established in rules adopted by the state
board of education prior to July 1, 2001, but the child's
condition does not meet either of the conditions specified in
division (T)(R)(1) or (2) of this section.
(V)(T) "State education aid" has the same meaning as in
section 5751.20 of the Revised Code.
(W)(U) "Property exemption value" means zero in fiscal year
2006, and in fiscal year 2007 and each fiscal year thereafter, the
amount certified for a school district under divisions (A)(6) and
(7) of section 3317.021 of the Revised Code.
(X)(V) "Internet- or computer-based community school" has the
same meaning as in section 3314.02 of the Revised Code.
(Y)(W) "State share percentage" has the same meaning as in,"
for a city, exempted village, or local school district, for fiscal
years 2012 and 2013, means the district's state share percentage
as computed for fiscal year 2011 under former section 3306.02 of
the Revised Code. "State share percentage," for a joint vocational
school district, for fiscal years 2012 and 2013, means the
district's state share percentage as computed for fiscal year 2009
under section 3317.16 of the Revised Code as that section existed
for that fiscal year.
Sec. 3317.021. The information certified under this section
shall be used to calculate payments under this chapter and Chapter
3306. of the Revised Code.
(A) On or before the first day of June of each year, the tax
commissioner shall certify to the department of education and the
office of budget and management the information described in
divisions (A)(1) to (7) of this section for each city, exempted
village, and local school district, and the information required
by divisions (A)(1) and (2) of this section for each joint
vocational school district, and it shall be used, along with the
information certified under division (B) of this section, in
making the computations for the district under this chapter and
Chapter 3306. of the Revised Code.
(1) The taxable value of real and public utility real
property in the school district subject to taxation in the
preceding tax year, by class and by county of location.
(2) The taxable value of tangible personal property,
including public utility personal property, subject to taxation by
the district for the preceding tax year.
(3)(a) The total property tax rate and total taxes charged
and payable for the current expenses for the preceding tax year
and the total property tax rate and the total taxes charged and
payable to a joint vocational district for the preceding tax year
that are limited to or to the extent apportioned to current
expenses.
(b) The portion of the amount of taxes charged and payable
reported for each city, local, and exempted village school
district under division (A)(3)(a) of this section attributable to
a joint vocational school district.
(4) The value of all real and public utility real property in
the school district exempted from taxation minus both of the
following:
(a) The value of real and public utility real property in the
district owned by the United States government and used
exclusively for a public purpose;
(b) The value of real and public utility real property in the
district exempted from taxation under Chapter 725. or 1728. or
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,
5709.73, or 5709.78 of the Revised Code.
(5) The total federal adjusted gross income of the residents
of the school district, based on tax returns filed by the
residents of the district, for the most recent year for which this
information is available.
(6) The sum of the school district compensation value as
indicated on the list of exempted property for the preceding tax
year under section 5713.08 of the Revised Code as if such property
had been assessed for taxation that year and the other
compensation value for the school district, minus the amounts
described in divisions (A)(6)(c) to (i) of this section. The
portion of school district compensation value or other
compensation value attributable to an incentive district exemption
may be subtracted only once even if that incentive district
satisfies more than one of the criteria in divisions (A)(6)(c) to
(i) of this section.
(a) "School district compensation value" means the aggregate
value of real property in the school district exempted from
taxation pursuant to an ordinance or resolution adopted under
division (C) of section 5709.40, division (C) of section 5709.73,
or division (B) of section 5709.78 of the Revised Code to the
extent that the exempted value results in the charging of payments
in lieu of taxes required to be paid to the school district under
division (D)(1) or (2) of section 5709.40, division (D) of section
5709.73, or division (C) of section 5709.78 of the Revised Code.
(b) "Other compensation value" means the quotient that
results from dividing (i) the dollar value of compensation
received by the school district during the preceding tax year
pursuant to division (B), (C), or (D) of section 5709.82 of the
Revised Code and the amounts received pursuant to an agreement as
specified in division (D)(2) of section 5709.40, division (D) of
section 5709.73, or division (C) of section 5709.78 of the Revised
Code to the extent those amounts were not previously reported or
included in division (A)(6)(a) of this section, and so that any
such amount is reported only once under division (A)(6)(b) of this
section, in relation to exemptions from taxation granted pursuant
to an ordinance or resolution adopted under division (C) of
section 5709.40, division (C) of section 5709.73, or division (B)
of section 5709.78 of the Revised Code, by (ii) the real property
tax rate in effect for the preceding tax year for
nonresidential/agricultural real property after making the
reductions required by section 319.301 of the Revised Code.
(c) The portion of school district compensation value or
other compensation value that was exempted from taxation pursuant
to such an ordinance or resolution for the preceding tax year, if
the ordinance or resolution is adopted prior to January 1, 2006,
and the legislative authority or board of township trustees or
county commissioners, prior to January 1, 2006, executes a
contract or agreement with a developer, whether for-profit or
not-for-profit, with respect to the development of a project
undertaken or to be undertaken and identified in the ordinance or
resolution, and upon which parcels such project is being, or will
be, undertaken;
(d) The portion of school district compensation value that
was exempted from taxation for the preceding tax year and for
which payments in lieu of taxes for the preceding tax year were
provided to the school district under division (D)(1) of section
5709.40 of the Revised Code.
(e) The portion of school district compensation value that
was exempted from taxation for the preceding tax year pursuant to
such an ordinance or resolution, if and to the extent that, on or
before April 1, 2006, the fiscal officer of the municipal
corporation that adopted the ordinance, or of the township or
county that adopted the resolution, certifies and provides
appropriate supporting documentation to the tax commissioner and
the director of development that, based on hold-harmless
provisions in any agreement between the school district and the
legislative authority of the municipal corporation, board of
township trustees, or board of county commissioners that was
entered into on or before June 1, 2005, the ability or obligation
of the municipal corporation, township, or county to repay bonds,
notes, or other financial obligations issued or entered into prior
to January 1, 2006, will be impaired, including obligations to or
of any other body corporate and politic with whom the legislative
authority of the municipal corporation or board of township
trustees or county commissioners has entered into an agreement
pertaining to the use of service payments derived from the
improvements exempted;
(f) The portion of school district compensation value that
was exempted from taxation for the preceding tax year pursuant to
such an ordinance or resolution, if the ordinance or resolution is
adopted prior to January 1, 2006, in a municipal corporation with
a population that exceeds one hundred thousand, as shown by the
most recent federal decennial census, that includes a major
employment center and that is adjacent to historically distressed
neighborhoods, if the legislative authority of the municipal
corporation that exempted the property prepares an economic
analysis that demonstrates that all taxes generated within the
incentive district accruing to the state by reason of improvements
constructed within the district during its existence exceed the
amount the state pays the school district under section 3317.022
of the Revised Code attributable to such property exemption from
the school district's recognized valuation. The analysis shall be
submitted to and approved by the department of development prior
to January 1, 2006, and the department shall not unreasonably
withhold approval.
(g) The portion of school district compensation value that
was exempted from taxation for the preceding tax year under such
an ordinance or resolution, if the ordinance or resolution is
adopted prior to January 1, 2006, and if service payments have
been pledged to be used for mixed-use riverfront entertainment
development in any county with a population that exceeds six
hundred thousand, as shown by the most recent federal decennial
census;
(h) The portion of school district compensation value that
was exempted from taxation for the preceding tax year under such
an ordinance or resolution, if, prior to January 1, 2006, the
legislative authority of a municipal corporation, board of
township trustees, or board of county commissioners has pledged
service payments for a designated transportation capacity project
approved by the transportation review advisory council under
Chapter 5512. of the Revised Code;
(i) The portion of school district compensation value that
was exempted from taxation for the preceding tax year under such
an ordinance or resolution if the legislative authority of a
municipal corporation, board of township trustees, or board of
county commissioners have, by January 1, 2006, pledged proceeds
for designated transportation improvement projects that involve
federal funds for which the proceeds are used to meet a local
share match requirement for such funding.
As used in division (A)(6) of this section, "project" has the
same meaning as in section 5709.40 of the Revised Code.
(7) The aggregate value of real property in the school
district for which an exemption from taxation is granted by an
ordinance or resolution adopted on or after January 1, 2006, under
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised
Code, as indicated on the list of exempted property for the
preceding tax year under section 5713.08 of the Revised Code and
as if such property had been assessed for taxation that year,
minus the product determined by multiplying (a) the aggregate
value of the real property in the school district exempted from
taxation for the preceding tax year under any of the chapters or
sections specified in this division, by (b) a fraction, the
numerator of which is the difference between (i) the amount of
anticipated revenue such school district would have received for
the preceding tax year if the real property exempted from taxation
had not been exempted from taxation and (ii) the aggregate amount
of payments in lieu of taxes on the exempt real property for the
preceding tax year and other compensation received for the
preceding tax year by the school district pursuant to any
agreements entered into on or after January 1, 2006, under section
5709.82 of the Revised Code between the school district and the
legislative authority of a political subdivision that acted under
the authority of a chapter or statute specified in this division,
that were entered into in relation to such exemption, and the
denominator of which is the amount of anticipated revenue such
school district would have received in the preceding fiscal year
if the real property exempted from taxation had not been exempted.
(B) On or before the first day of May each year, the tax
commissioner shall certify to the department of education and the
office of budget and management the total taxable real property
value of railroads and, separately, the total taxable tangible
personal property value of all public utilities for the preceding
tax year, by school district and by county of location.
(C) If a public utility has properly and timely filed a
petition for reassessment under section 5727.47 of the Revised
Code with respect to an assessment issued under section 5727.23 of
the Revised Code affecting taxable property apportioned by the tax
commissioner to a school district, the taxable value of public
utility tangible personal property included in the certification
under divisions (A)(2) and (B) of this section for the school
district shall include only the amount of taxable value on the
basis of which the public utility paid tax for the preceding year
as provided in division (B)(1) or (2) of section 5727.47 of the
Revised Code.
(D) If on the basis of the information certified under
division (A) of this section, the department determines that any
district fails in any year to meet the qualification requirement
specified in division (A)(1) of section 3306.01 and division (A)
of section 3317.01 of the Revised Code, the department shall
immediately request the tax commissioner to determine the extent
to which any school district income tax levied by the district
under Chapter 5748. of the Revised Code shall be included in
meeting that requirement. Within five days of receiving such a
request from the department, the tax commissioner shall make the
determination required by this division and report the quotient
obtained under division (D)(3) of this section to the department
and the office of budget and management. This quotient represents
the number of mills that the department shall include in
determining whether the district meets the qualification
requirement of division (A)(1) of section 3306.01 and division (A)
of section 3317.01 of the Revised Code.
The tax commissioner shall make the determination required by
this division as follows:
(1) Multiply one mill times the total taxable value of the
district as determined in divisions (A)(1) and (2) of this
section;
(2) Estimate the total amount of tax liability for the
current tax year under taxes levied by Chapter 5748. of the
Revised Code that are apportioned to current operating expenses of
the district, excluding any income tax receipts allocated for the
project cost, debt service, or maintenance set-aside associated
with a state-assisted classroom facilities project as authorized
by section 3318.052 of the Revised Code;
(3) Divide the amount estimated under division (D)(2) of this
section by the product obtained under division (D)(1) of this
section.
(E)(1) On or before June 1, 2006, and the first day of April
of each year thereafter, the director of development shall report
to the department of education, the tax commissioner, and the
director of budget and management the total amounts of payments
received by each city, local, exempted village, or joint
vocational school district for the preceding tax year pursuant to
division (D) of section 5709.40, division (D) of section 5709.73,
division (C) of section 5709.78, or division (B)(1), (B)(2), (C),
or (D) of section 5709.82 of the Revised Code in relation to
exemptions from taxation granted pursuant to an ordinance adopted
by the legislative authority of a municipal corporation under
division (C) of section 5709.40 of the Revised Code, or a
resolution adopted by a board of township trustees or board of
county commissioners under division (C) of section 5709.73 or
division (B) of section 5709.78 of the Revised Code, respectively.
On or before April 1, 2006, and the first day of March of each
year thereafter, the treasurer of each city, local, exempted
village, or joint vocational school district that has entered into
such an agreement shall report to the director of development the
total amounts of such payments the district received for the
preceding tax year as provided in this section. The state board of
education, in accordance with sections 3319.31 and 3319.311 of the
Revised Code, may suspend or revoke the license of a treasurer
found to have willfully reported erroneous, inaccurate, or
incomplete data under this division.
(2) On or before April 1, 2007, and the first day of April of
each year thereafter, the director of development shall report to
the department of education, the tax commissioner, and the
director of budget and management the total amounts of payments
received by each city, local, exempted village, or joint
vocational school district for the preceding tax year pursuant to
divisions (B), (C), and (D) of section 5709.82 of the Revised Code
in relation to exemptions from taxation granted pursuant to
ordinances or resolutions adopted on or after January 1, 2006,
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the
Revised Code. On or before March 1, 2007, and the first day of
March of each year thereafter, the treasurer of each city, local,
exempted village, or joint vocational school district that has
entered into such an agreement shall report to the director of
development the total amounts of such payments the district
received for the preceding tax year as provided by this section.
The state board of education, in accordance with sections 3319.31
and 3319.311 of the Revised Code, may suspend or revoke the
license of a treasurer found to have willfully reported erroneous,
inaccurate, or incomplete data under this division.
Sec. 3317.022. (A)(1) The department of education shall
compute and distribute state base cost funding to each eligible
school district for the fiscal year, using the information
obtained under section 3317.021 of the Revised Code in the
calendar year in which the fiscal year begins, according to the
following formula:
{[the formula amount X (formula ADM +
preschool scholarship ADM)] +
the sum of the base funding supplements
prescribed in divisions (C)(1) to (4)
of section 3317.012 of the Revised Code} -
[.023 x (the sum of recognized valuation
and property exemption value)] +
the amounts calculated for the district under
sections 3317.029 and 3317.0217 of the Revised Code
If the difference obtained is a negative number, the
district's computation shall be zero.
(2)(a) For each school district for which the tax exempt
value of the district equals or exceeds twenty-five per cent of
the potential value of the district, the department of education
shall calculate the difference between the district's tax exempt
value and twenty-five per cent of the district's potential value.
(b) For each school district to which division (A)(2)(a) of
this section applies, the department shall adjust the recognized
valuation used in the calculation under division (A)(1) of this
section by subtracting from it the amount calculated under
division (A)(2)(a) of this section.
(B) As used in this section:
(1) The "total special education weight" for a district means
the sum of the following amounts:
(a) The district's category one special education ADM
multiplied by the multiple specified in division (A) of section
3317.013 of the Revised Code;
(b) The district's category two special education ADM
multiplied by the multiple specified in division (B) of section
3317.013 of the Revised Code;
(c) The district's category three special education ADM
multiplied by the multiple specified in division (C) of section
3317.013 of the Revised Code;
(d) The district's category four special education ADM
multiplied by the multiple specified in division (D) of section
3317.013 of the Revised Code;
(e) The district's category five special education ADM
multiplied by the multiple specified in division (E) of section
3317.013 of the Revised Code;
(f) The district's category six special education ADM
multiplied by the multiple specified in division (F) of section
3317.013 of the Revised Code.
(2) "Related services" includes:
(a) Child study, special education supervisors and
coordinators, speech and hearing services, adaptive physical
development services, occupational or physical therapy, teacher
assistants for children with disabilities whose disabilities are
described in division (B) of section 3317.013 or division (F)(3)
of section 3317.02 of the Revised Code, behavioral intervention,
interpreter services, work study, nursing services, and
specialized integrative services as those terms are defined by the
department;
(b) Speech and language services provided to any student with
a disability, including any student whose primary or only
disability is a speech and language disability;
(c) Any related service not specifically covered by other
state funds but specified in federal law, including but not
limited to, audiology and school psychological services;
(d) Any service included in units funded under former
division (O)(1) of section 3317.024 of the Revised Code;
(e) Any other related service needed by children with
disabilities in accordance with their individualized education
programs.
(3) The "total vocational education weight" for a district
means the sum of the following amounts:
(a) The district's category one vocational education ADM
multiplied by the multiple specified in division (A) of section
3317.014 of the Revised Code;
(b) The district's category two vocational education ADM
multiplied by the multiple specified in division (B) of section
3317.014 of the Revised Code.
(4) "Preschool scholarship ADM" means the number of preschool
children with disabilities reported under division (B)(3)(h) of
section 3317.03 of the Revised Code.
(C)(1) The department shall compute and distribute state
special education and related services additional weighted costs
funds to each school district in accordance with the following
formula:
The district's state share percentage X
the formula amount for the year for which
the aid is calculated X the district's
total special education weight
(2) The attributed local share of special education and
related services additional weighted costs equals:
(1 - the district's state share percentage) X the district's
total special education weight X the formula amount
(3)(a) The department shall compute and pay in accordance
with this division additional state aid to school districts for
students in categories two through six special education ADM. If a
district's costs for the fiscal year for a student in its
categories two through six special education ADM exceed the
threshold catastrophic cost for serving the student, the district
may submit to the superintendent of public instruction
documentation, as prescribed by the superintendent, of all its
costs for that student. Upon submission of documentation for a
student of the type and in the manner prescribed, the department
shall pay to the district an amount equal to the sum of the
following:
(i) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(ii) The product of one-half of the district's costs for the
student in excess of the threshold catastrophic cost multiplied by
the district's state share percentage.
(b) For purposes of division (C)(3)(a) of this section, the
threshold catastrophic cost for serving a student equals:
(i) For a student in the school district's category two,
three, four, or five special education ADM, twenty-seven thousand
three hundred seventy-five dollars;
(ii) For a student in the district's category six special
education ADM, thirty-two thousand eight hundred fifty dollars.
(c) The district shall only report under division (C)(3)(a)
of this section, and the department shall only pay for, the costs
of educational expenses and the related services provided to the
student in accordance with the student's individualized education
program. Any legal fees, court costs, or other costs associated
with any cause of action relating to the student may not be
included in the amount.
(4)(a) As used in this division, the "personnel allowance"
means thirty thousand dollars in fiscal years 2008 and 2009.
(b) For the provision of speech language pathology services
to students, including students who do not have individualized
education programs prepared for them under Chapter 3323. of the
Revised Code, and for no other purpose, the department of
education shall pay each school district an amount calculated
under the following formula:
(formula ADM divided by 2000) X
the personnel allowance X
the state share percentage
(5) In any fiscal year, a school district shall spend for
purposes that the department designates as approved for special
education and related services expenses at least the amount
calculated as follows:
(formula amount X the sum of categories
one through six special education ADM) +
(total special education weight X formula amount)
The purposes approved by the department for special education
expenses shall include, but shall not be limited to,
identification of children with disabilities, compliance with
state rules governing the education of children with disabilities
and prescribing the continuum of program options for children with
disabilities, provision of speech language pathology services, and
the portion of the school district's overall administrative and
overhead costs that are attributable to the district's special
education student population.
The scholarships deducted from the school district's account
under section 3310.41 of the Revised Code shall be considered to
be an approved special education and related services expense for
the purpose of the school district's compliance with division
(C)(5) of this section.
The department shall require school districts to report data
annually to allow for monitoring compliance with division (C)(5)
of this section. The department shall annually report to the
governor and the general assembly the amount of money spent by
each school district for special education and related services.
(6) In any fiscal year, a school district shall spend for the
provision of speech language pathology services not less than the
sum of the amount calculated under division (C)(1) of this section
for the students in the district's category one special education
ADM and the amount calculated under division (C)(4) of this
section.
(D)(1) As used in this division:
(a) "Daily bus miles per student" equals the number of bus
miles traveled per day, divided by transportation base.
(b) "Transportation base" equals total student count as
defined in section 3301.011 of the Revised Code, minus the number
of students enrolled in units for preschool children with
disabilities, plus the number of nonpublic school students
included in transportation ADM.
(c) "Transported student percentage" equals transportation
ADM divided by transportation base.
(d) "Transportation cost per student" equals total operating
costs for board-owned or contractor-operated school buses divided
by transportation base.
(2) Analysis of student transportation cost data has resulted
in a finding that an average efficient transportation use cost per
student can be calculated by means of a regression formula that
has as its two independent variables the number of daily bus miles
per student and the transported student percentage. For fiscal
year 1998 transportation cost data, the average efficient
transportation use cost per student is expressed as follows:
51.79027 + (139.62626 X daily bus miles per student) +
(116.25573 X transported student percentage)
The department of education shall annually determine the
average efficient transportation use cost per student in
accordance with the principles stated in division (D)(2) of this
section, updating the intercept and regression coefficients of the
regression formula modeled in this division, based on an annual
statewide analysis of each school district's daily bus miles per
student, transported student percentage, and transportation cost
per student data. The department shall conduct the annual update
using data, including daily bus miles per student, transported
student percentage, and transportation cost per student data, from
the prior fiscal year. The department shall notify the office of
budget and management of such update by the fifteenth day of
February of each year.
(3) In addition to funds paid under divisions (A), (C), and
(E) of this section, each district with a transported student
percentage greater than zero shall receive a payment equal to a
percentage of the product of the district's transportation base
from the prior fiscal year times the annually updated average
efficient transportation use cost per student, times an inflation
factor of two and eight-tenths per cent to account for the
one-year difference between the data used in updating the formula
and calculating the payment and the year in which the payment is
made. The percentage shall be the following percentage of that
product specified for the corresponding fiscal year:
|
FISCAL YEAR |
|
PERCENTAGE |
|
|
|
2000 |
|
52.5% |
|
|
|
2001 |
|
55% |
|
|
|
2002 |
|
57.5% |
|
|
|
2003 and thereafter |
|
The greater of 60% or the district's state share percentage |
|
|
The payments made under division (D)(3) of this section each
year shall be calculated based on all of the same prior year's
data used to update the formula.
(4) In addition to funds paid under divisions (D)(2) and (3)
of this section, a school district shall receive a rough road
subsidy if both of the following apply:
(a) Its county rough road percentage is higher than the
statewide rough road percentage, as those terms are defined in
division (D)(5) of this section;
(b) Its district student density is lower than the statewide
student density, as those terms are defined in that division.
(5) The rough road subsidy paid to each district meeting the
qualifications of division (D)(4) of this section shall be
calculated in accordance with the following formula:
(per rough mile subsidy X total rough road miles)
X density multiplier
(a) "Per rough mile subsidy" equals the amount calculated in
accordance with the following formula:
0.75 - {0.75 X [(maximum rough road percentage -
county rough road percentage)/(maximum rough road
percentage - statewide rough road percentage)]}
(i) "Maximum rough road percentage" means the highest county
rough road percentage in the state.
(ii) "County rough road percentage" equals the percentage of
the mileage of state, municipal, county, and township roads that
is rated by the department of transportation as type A, B, C, E2,
or F in the county in which the school district is located or, if
the district is located in more than one county, the county to
which it is assigned for purposes of determining its
cost-of-doing-business factor.
(iii) "Statewide rough road percentage" means the percentage
of the statewide total mileage of state, municipal, county, and
township roads that is rated as type A, B, C, E2, or F by the
department of transportation.
(b) "Total rough road miles" means a school district's total
bus miles traveled in one year times its county rough road
percentage.
(c) "Density multiplier" means a figure calculated in
accordance with the following formula:
1 - [(minimum student density - district student
density)/(minimum student density -
statewide student density)]
(i) "Minimum student density" means the lowest district
student density in the state.
(ii) "District student density" means a school district's
transportation base divided by the number of square miles in the
district.
(iii) "Statewide student density" means the sum of the
transportation bases for all school districts divided by the sum
of the square miles in all school districts.
(6) In addition to funds paid under divisions (D)(2) to (5)
of this section, each district shall receive in accordance with
rules adopted by the state board of education a payment for
students transported by means other than board-owned or
contractor-operated buses and whose transportation is not funded
under division (G) of section 3317.024 of the Revised Code. The
rules shall include provisions for school district reporting of
such students.
(E)(1) The department shall compute and distribute state
vocational education additional weighted costs funds to each
school district in accordance with the following formula:
state share percentage X
the formula amount X
total vocational education weight
In any fiscal year, a school district receiving funds under
division (E)(D)(1) of this section shall spend those funds only
for the purposes that the department designates as approved for
vocational education expenses. Vocational educational expenses
approved by the department shall include only expenses connected
to the delivery of career-technical programming to
career-technical students. The department shall require the school
district to report data annually so that the department may
monitor the district's compliance with the requirements regarding
the manner in which funding received under division (E)(D)(1) of
this section may be spent.
(2) The department shall compute for each school district
state funds for vocational education associated services in
accordance with the following formula:
state share percentage X .05 X the formula amount X
the sum of categories one and two vocational education ADM
In any fiscal year, a school district receiving funds under
division (E)(D)(2) of this section, or through a transfer of funds
pursuant to division (L)(I) of section 3317.023 of the Revised
Code, shall spend those funds only for the purposes that the
department designates as approved for vocational education
associated services expenses, which may include such purposes as
apprenticeship coordinators, coordinators for other vocational
education services, vocational evaluation, and other purposes
designated by the department. The department may deny payment
under division (E)(D)(2) of this section to any district that the
department determines is not operating those services or is using
funds paid under division (E)(D)(2) of this section, or through a
transfer of funds pursuant to division (L)(I) of section 3317.023
of the Revised Code, for other purposes.
(F)(E) The actual local share in any fiscal year for the
combination of special education and related services additional
weighted costs funding calculated under division (C)(1) of this
section, transportation funding base payment calculated under
divisions (D)(2) and (3) division (E) of this section 3317.0212 of
the Revised Code, and vocational education and associated services
additional weighted costs funding calculated under divisions
(E)(D)(1) and (2) of this section shall not exceed for any school
district the product of three and three-tenths mills times the
district's recognized valuation. The department annually shall pay
each school district as an excess cost supplement any amount by
which the sum of the district's attributed local shares for that
funding exceeds that product. For purposes of calculating the
excess cost supplement:
(1) The attributed local share for special education and
related services additional weighted costs funding is the amount
specified in division (C)(2) of this section.
(2) The attributed local share of the district's
transportation funding base payment equals the difference of the
total amount calculated for the district using the formula
developed under division (D)(2)(E) of this section 3317.0212 of
the Revised Code minus the actual amount paid to the district
after applying the percentage specified in division (D)(E)(3) of
this that section.
(3) The attributed local share of vocational education and
associated services additional weighted costs funding is the
amount determined as follows:
(1 - state share percentage) X
[(total vocational education weight X
the formula amount) + the payment under
division (E)(D)(2) of this section]
Sec. 3317.023. (A) The amounts required to be paid to a
district under this chapter and Chapter 3306. of the Revised Code
shall be adjusted by the amount of the computations made under
divisions (B) to (N)(K) of this section. The department of
education shall not make payments or adjustments under divisions
(B), (C), and (D) of this section for any fiscal year after fiscal
year 2009.
(1) "Classroom teacher" means a licensed employee who
provides direct instruction to pupils, excluding teachers funded
from money paid to the district from federal sources; educational
service personnel; and vocational and special education teachers.
(2) "Educational service personnel" shall not include such
specialists funded from money paid to the district from federal
sources or assigned full-time to vocational or special education
students and classes and may only include those persons employed
in the eight specialist areas in a pattern approved by the
department of education under guidelines established by the state
board of education.
(3) "Annual salary" means the annual base salary stated in
the state minimum salary schedule for the performance of the
teacher's regular teaching duties that the teacher earns for
services rendered for the first full week of October of the fiscal
year for which the adjustment is made under division (C) of this
section. It shall not include any salary payments for supplemental
teachers contracts.
(4) "Regular student population" means the formula ADM plus
the number of students reported as enrolled in the district
pursuant to division (A)(1) of section 3313.981 of the Revised
Code; minus the number of students reported under division (A)(2)
of section 3317.03 of the Revised Code; minus the FTE of students
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)
of that section who are enrolled in a vocational education class
or receiving special education; and minus twenty per cent of the
students enrolled concurrently in a joint vocational school
district.
(5) "VEPD" means a school district or group of school
districts designated by the department of education as being
responsible for the planning for and provision of vocational
education services to students within the district or group.
(6)(2) "Lead district" means a school district, including a
joint vocational school district, designated by the department as
a VEPD, or designated to provide primary vocational education
leadership within a VEPD composed of a group of districts.
(B) If the district employs less than one full-time
equivalent classroom teacher for each twenty-five pupils in the
regular student population in any school district, deduct the sum
of the amounts obtained from the following computations:
(1) Divide the number of the district's full-time equivalent
classroom teachers employed by one twenty-fifth;
(2) Subtract the quotient in (1) from the district's regular
student population;
(3) Multiply the difference in (2) by seven hundred fifty-two
dollars.
(C) If a positive amount, add one-half of the amount obtained
by multiplying the number of full-time equivalent classroom
teachers by:
(1) The mean annual salary of all full-time equivalent
classroom teachers employed by the district at their respective
training and experience levels minus;
(2) The mean annual salary of all such teachers at their
respective levels in all school districts receiving payments under
this section.
The number of full-time equivalent classroom teachers used in
this computation shall not exceed one twenty-fifth of the
district's regular student population. In calculating the
district's mean salary under this division, those full-time
equivalent classroom teachers with the highest training level
shall be counted first, those with the next highest training level
second, and so on, in descending order. Within the respective
training levels, teachers with the highest years of service shall
be counted first, the next highest years of service second, and so
on, in descending order.
(D) This division does not apply to a school district that
has entered into an agreement under division (A) of section
3313.42 of the Revised Code. Deduct the amount obtained from the
following computations if the district employs fewer than five
full-time equivalent educational service personnel, including
elementary school art, music, and physical education teachers,
counselors, librarians, visiting teachers, school social workers,
and school nurses for each one thousand pupils in the regular
student population:
(1) Divide the number of full-time equivalent educational
service personnel employed by the district by five
one-thousandths;
(2) Subtract the quotient in (1) from the district's regular
student population;
(3) Multiply the difference in (2) by ninety-four dollars.
(E) If a local school district, or a city or exempted village
school district to which a governing board of an educational
service center provides services pursuant to section 3313.843 of
the Revised Code, deduct the amount of the payment required for
the reimbursement of the governing board under section 3317.11 of
the Revised Code.
(F)(C)(1) If the district is required to pay to or entitled
to receive tuition from another school district under division
(C)(2) or (3) of section 3313.64 or section 3313.65 of the Revised
Code, or if the superintendent of public instruction is required
to determine the correct amount of tuition and make a deduction or
credit under section 3317.08 of the Revised Code, deduct and
credit such amounts as provided in division (J) of section 3313.64
or section 3317.08 of the Revised Code.
(2) For each child for whom the district is responsible for
tuition or payment under division (A)(1) of section 3317.082 or
section 3323.091 of the Revised Code, deduct the amount of tuition
or payment for which the district is responsible.
(G)(D) If the district has been certified by the
superintendent of public instruction under section 3313.90 of the
Revised Code as not in compliance with the requirements of that
section, deduct an amount equal to ten per cent of the amount
computed for the district under Chapter 3306. of the Revised Code
this chapter.
(H)(E) If the district has received a loan from a commercial
lending institution for which payments are made by the
superintendent of public instruction pursuant to division (E)(3)
of section 3313.483 of the Revised Code, deduct an amount equal to
such payments.
(I)(F)(1) If the district is a party to an agreement entered
into under division (D), (E), or (F) of section 3311.06 or
division (B) of section 3311.24 of the Revised Code and is
obligated to make payments to another district under such an
agreement, deduct an amount equal to such payments if the district
school board notifies the department in writing that it wishes to
have such payments deducted.
(2) If the district is entitled to receive payments from
another district that has notified the department to deduct such
payments under division (I)(F)(1) of this section, add the amount
of such payments.
(J)(G) If the district is required to pay an amount of funds
to a cooperative education district pursuant to a provision
described by division (B)(4) of section 3311.52 or division (B)(8)
of section 3311.521 of the Revised Code, deduct such amounts as
provided under that provision and credit those amounts to the
cooperative education district for payment to the district under
division (B)(1) of section 3317.19 of the Revised Code.
(K)(H)(1) If a district is educating a student entitled to
attend school in another district pursuant to a shared education
contract, compact, or cooperative education agreement other than
an agreement entered into pursuant to section 3313.842 of the
Revised Code, credit to that educating district on an FTE basis
both of the following:
(a) An amount equal to the formula amount.
(b) An amount equal to the current formula amount $5,732
times the state share percentage times any multiple applicable to
the student for fiscal year 2009 pursuant to section 3306.11
3317.013 or 3317.014 of the Revised Code, as those sections
existed for that fiscal year.
(2) Deduct any amount credited pursuant to division (K)(H)(1)
of this section from amounts paid to the school district in which
the student is entitled to attend school pursuant to section
3313.64 or 3313.65 of the Revised Code.
(3) If the district is required by a shared education
contract, compact, or cooperative education agreement to make
payments to an educational service center, deduct the amounts from
payments to the district and add them to the amounts paid to the
service center pursuant to section 3317.11 of the Revised Code.
(L)(I)(1) If a district, including a joint vocational school
district, is a lead district of a VEPD, credit to that district
the following amounts calculated for all the school districts
within that VEPD pursuant to:
(a) In any fiscal year except fiscal year 2012 or 2013, the
amount computed under division (E)(D)(2) of section 3317.022 of
the Revised Code.;
(b) In fiscal years 2012 and 2013, an amount equal to the
following:
state share percentage X .05 X $5,732 X
the sum of categories one
and two vocational education ADM
(2) Deduct from each appropriate district that is not a lead
district, the amount attributable to that district that is
credited to a lead district under division (L)(I)(1) of this
section.
(M)(J) If the department pays a joint vocational school
district under division (G)(4) of section 3317.16 of the Revised
Code for excess costs of providing special education and related
services to a student with a disability, as calculated under
division (G)(2) of that section, the department shall deduct the
amount of that payment from the city, local, or exempted village
school district that is responsible as specified in that section
for the excess costs.
(N)(K)(1) If the district reports an amount of excess cost
for special education services for a child under division (C) of
section 3323.14 of the Revised Code, the department shall pay that
amount to the district.
(2) If the district reports an amount of excess cost for
special education services for a child under division (C) of
section 3323.14 of the Revised Code, the department shall deduct
that amount from the district of residence of that child.
Sec. 3317.024. The following shall be distributed monthly,
quarterly, or annually as may be determined by the state board of
education, except that the department of education shall not make
payments under divisions (F), (L), and (N) of this section for any
fiscal year after fiscal year 2009:
(A) An amount for each island school district and each joint
state school district for the operation of each high school and
each elementary school maintained within such district and for
capital improvements for such schools. Such amounts shall be
determined on the basis of standards adopted by the state board of
education. However, for fiscal years 2012 and 2013, an island
district shall receive the lesser of its actual cost of operation,
as certified to the department of education, or ninety-three per
cent of the amount the district received in state operating
funding for fiscal year 2011. If an island district received no
funding for fiscal year 2011, it shall receive no funding for
either of fiscal year 2012 or 2013.
(B) An amount for each school district operating classes for
children of migrant workers who are unable to be in attendance in
an Ohio school during the entire regular school year. The amounts
shall be determined on the basis of standards adopted by the state
board of education, except that payment shall be made only for
subjects regularly offered by the school district providing the
classes.
(C) An amount for each school district with guidance,
testing, and counseling programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(D) An amount for the emergency purchase of school buses as
provided for in section 3317.07 of the Revised Code;
(E) An amount for each school district required to pay
tuition for a child in an institution maintained by the department
of youth services pursuant to section 3317.082 of the Revised
Code, provided the child was not included in the calculation of
the district's average daily membership for the preceding school
year.
(F) An amount for adult basic literacy education for each
district participating in programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(G)(C) An amount for the approved cost of transporting
eligible pupils with disabilities attending a special education
program approved by the department of education whom it is
impossible or impractical to transport by regular school bus in
the course of regular route transportation provided by the school
district or
educational service center. No district or service
center is eligible to receive a payment under this division for
the cost of transporting any pupil whom it transports by regular
school bus and who is included in the district's transportation
ADM. The state board of education shall establish standards and
guidelines for use by the department of education in determining
the approved cost of such transportation for each district or
service center.
(H)(D) An amount to each school district, including each
cooperative education school district, pursuant to section 3313.81
of the Revised Code to assist in providing free lunches to needy
children and an amount to assist needy school districts in
purchasing necessary equipment for food preparation. The amounts
shall be determined on the basis of rules adopted by the state
board of education.
(I)(E) An amount to each school district, for each pupil
attending a chartered nonpublic elementary or high school within
the district. The amount shall equal the amount appropriated for
the implementation of section 3317.06 of the Revised Code divided
by the average daily membership in grades kindergarten through
twelve in nonpublic elementary and high schools within the state
as determined during the first full week in October of each school
year.
(J)(F) An amount for each county DD board, distributed on the
basis of standards adopted by the state board of education, for
the approved cost of transportation required for children
attending special education programs operated by the county DD
board under section 3323.09 of the Revised Code;
(K) An amount for each school district that establishes a
mentor teacher program that complies with rules of the state board
of education. No school district shall be required to establish or
maintain such a program in any year unless sufficient funds are
appropriated to cover the district's total costs for the program.
(L) An amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such unit
shall be the sum of the minimum salary for the teacher of the
unit, calculated on the basis of the teacher's training level and
years of experience pursuant to the salary schedule prescribed in
the version of section 3317.13 of the Revised Code in effect prior
to July 1, 2001, plus fifteen per cent of that minimum salary
amount, plus two thousand six hundred seventy-eight dollars.
(M)(G) An amount to each institution defined under section
3317.082 of the Revised Code providing elementary or secondary
education to children other than children receiving special
education under section 3323.091 of the Revised Code. This amount
for any institution in any fiscal year shall equal the total of
all tuition amounts required to be paid to the institution under
division (A)(1) of section 3317.082 of the Revised Code.
(N) A grant to each school district and joint vocational
school district that operates a "graduation, reality, and
dual-role skills" (GRADS) program for pregnant and parenting
students that is approved by the department. The amount of the
payment shall be the district's state share percentage, as defined
in section 3317.022 or 3317.16 of the Revised Code, times the
GRADS personnel allowance times the full-time-equivalent number of
GRADS teachers approved by the department. The GRADS personnel
allowance is $47,555 in fiscal years 2008 and 2009. The GRADS
program shall include instruction on adoption as an option for
unintended pregnancies.
The state board of education or any other board of education
or governing board may provide for any resident of a district or
educational service center territory any educational service for
which funds are made available to the board by the United States
under the authority of public law, whether such funds come
directly or indirectly from the United States or any agency or
department thereof or through the state or any agency, department,
or political subdivision thereof.
Sec. 3317.025. On or before the first day of June of each
year, the tax commissioner shall certify the following information
to the department of education and the office of budget and
management, for each school district in which the value of the
property described under division (A) of this section exceeds one
per cent of the taxable value of all real and tangible personal
property in the district or in which is located tangible personal
property designed for use or used in strip mining operations,
whose taxable value exceeds five million dollars, and the taxes
upon which the district is precluded from collecting by virtue of
legal proceedings to determine the value of such property:
(A) The total taxable value of all property in the district
owned by a public utility or railroad that has filed a petition
for reorganization under the "Bankruptcy Act," 47 Stat. 1474
(1898), 11 U.S.C. 205, as amended, and all tangible personal
property in the district designed for use or used in strip mining
operations whose taxable value exceeds five million dollars upon
which have not been paid in full on or before the first day of
April of that calendar year all real and tangible personal
property taxes levied for the preceding calendar year and which
the district was precluded from collecting by virtue of
proceedings under section 205 of said act or by virtue of legal
proceedings to determine the tax liability of such strip mining
equipment;
(B) The percentage of the total operating taxes charged and
payable for school district purposes levied against such valuation
for the preceding calendar year that have not been paid by such
date;
(C) The product obtained by multiplying the value certified
under division (A) of this section by the percentage certified
under division (B) of this section. If the value certified under
division (A) of this section includes taxable property owned by a
public utility or railroad that has filed a petition for
reorganization under the bankruptcy act, the amount used in making
the calculation under this division shall be reduced by one per
cent of the total value of all real and tangible personal property
in the district or the value of the utility's or railroad's
property, whichever is less.
Upon receipt of the certification, the department shall
recompute the payments required under
Chapter 3306. of the
Revised Code this chapter in the manner the payments would have
been computed if:
(1) The amount certified under division (C) of this section
was not subject to taxation by the district and was not included
in the certification made under division (A)(1), (A)(2), or (D) of
section 3317.021 of the Revised Code.
(2) The amount of taxes charged and payable and unpaid and
used to make the computation under division (B) of this section
had not been levied and had not been used in the computation
required by division (B) of section 3317.021 of the Revised Code.
The department shall pay the district that amount in the ensuing
fiscal year in lieu of the amounts computed under
Chapter 3306. of
the Revised Code this chapter.
If a school district received a grant from the catastrophic
expenditures account pursuant to division (C) of section 3316.20
of the Revised Code on the basis of the same circumstances for
which a recomputation is made under this section, the amount of
the recomputation shall be reduced and transferred in accordance
with division (C) of section 3316.20 of the Revised Code.
Sec. 3317.0210. (A) As used in this section:
(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.
(2) "Chapter 11 corporation" means a corporation, company, or
other business organization that has filed a petition for
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92
Stat. 2626, 11 U.S.C. 1101, as amended.
(3) "Uncollectable taxes" means property taxes payable in a
calendar year by a Chapter 11 corporation on its property that a
school district is precluded from collecting by virtue of
proceedings under the Bankruptcy Reform Act.
(4) "Basic state aid" means the a school district's state
education aid calculated for a school district under Chapter 3306.
of the Revised Code.
(5) "Effective value" means the amount obtained by
multiplying the total taxable value certified in a calendar year
under section 3317.021 of the Revised Code by a fraction, the
numerator of which is the total taxes charged and payable in that
calendar year exclusive of the uncollectable taxes payable in that
year, and the denominator of which is the total taxes charged and
payable in that year.
(6) "Total taxes charged and payable" has the same meaning
given "taxes charged and payable" in section 3317.02 of the
Revised Code.
(B)(1) Between the first day of January and the first day of
February of any year, a school district shall notify the
department of education if it has uncollectable taxes payable in
the preceding calendar year from one Chapter 11 corporation.
(2) The department shall verify whether the district has such
uncollectable taxes from such a corporation, and if the district
does, shall immediately request the tax commissioner to certify
the district's total taxes charged and payable in the preceding
calendar year, and the tax commissioner shall certify that
information to the department within thirty days after receiving
the request. For the purposes of this section, taxes are payable
in the calendar year that includes the day prescribed by law for
their payment, including any lawful extension thereof.
(C) Upon receiving the certification from the tax
commissioner, the department shall determine whether the amount of
uncollectable taxes from the corporation equals at least one per
cent of the total taxes charged and payable as certified by the
tax commissioner. If it does, the department shall compute the
district's effective value and shall recompute the basic state aid
payable to the district for the current fiscal year using the
effective value in lieu of the total taxable value used to compute
the basic state aid for the current fiscal year. The difference
between the basic state aid amount originally computed for the
district for the current fiscal year and the recomputed amount
shall be paid to the district from the lottery profits education
fund before the end of the current fiscal year.
(D) Except as provided in division (E) of this section,
amounts received by a school district under division (C) of this
section shall be repaid to the department of education in any
future year to the extent the district receives payments of
uncollectable taxes in such future year. The district shall notify
the department of any amount owed under this division.
(E) If a school district received a grant from the
catastrophic expenditures account pursuant to division (C) of
section 3316.20 of the Revised Code on the basis of the same
circumstances for which a recomputation is made under this
section, the amount of the recomputation shall be reduced and
transferred in accordance with division (C) of section 3316.20 of
the Revised Code.
Sec. 3317.0211. (A) As used in this section:
(1) "Port authority" means any port authority as defined in
section 4582.01 or 4582.21 of the Revised Code.
(2) "Real property" includes public utility real property and
"personal property" includes public utility personal property.
(3) "Uncollected taxes" means property taxes charged and
payable against the property of a port authority for a tax year
that a school district has not collected.
(4) "Basic state aid" means the a school district's state
education aid calculated for a school district under Chapter 3306.
of the Revised Code.
(5) "Effective value" means the sum of the effective
residential/agricultural real property value, the effective
nonresidential/agricultural real property value, and the effective
personal value.
(6) "Effective residential/agricultural real property value"
means, for a tax year, the amount obtained by multiplying the
value for that year of residential/agricultural real property
subject to taxation in the district by a fraction, the numerator
of which is the total taxes charged and payable for that year
against the residential/agricultural real property subject to
taxation in the district, exclusive of the uncollected taxes for
that year on all real property subject to taxation in the
district, and the denominator of which is the total taxes charged
and payable for that year against the residential/agricultural
real property subject to taxation in the district.
(7) "Effective nonresidential/agricultural real property
value" means, for a tax year, the amount obtained by multiplying
the value for that year of nonresidential/agricultural real
property subject to taxation in the district by a fraction, the
numerator of which is the total taxes charged and payable for that
year against the nonresidential/agricultural real property subject
to taxation in the district, exclusive of the uncollected taxes
for that year on all real property subject to taxation in the
district, and the denominator of which is the total taxes charged
and payable for that year against the nonresidential/agricultural
real property subject to taxation in the district.
(8) "Effective personal value" means, for a tax year, the
amount obtained by multiplying the value for that year certified
under division (A)(2) of section 3317.021 of the Revised Code by a
fraction, the numerator of which is the total taxes charged and
payable for that year against personal property subject to
taxation in the district, exclusive of the uncollected taxes for
that year on that property, and the denominator of which is the
total taxes charged and payable for that year against personal
property subject to taxation in the district.
(9) "Nonresidential/agricultural real property value" means,
for a tax year, the sum of the values certified for a school
district for that year under division (B)(2)(a) of this section,
and "residential/agricultural real property value" means, for a
tax year, the sum of the values certified for a school district
under division (B)(2)(b) of this section.
(10) "Taxes charged and payable against real property" means
the taxes charged and payable against that property after making
the reduction required by section 319.301 of the Revised Code.
(11) "Total taxes charged and payable" has the same meaning
given "taxes charged and payable" in section 3317.02 of the
Revised Code.
(B)(1) By the first day of August of any calendar year, a
school district shall notify the department of education if it has
any uncollected taxes from one port authority for the second
preceding tax year whose taxes charged and payable represent at
least one-half of one per cent of the district's total taxes
charged and payable for that tax year.
(2) The department shall verify whether the district has such
uncollected taxes by the first day of September, and if the
district does, shall immediately request the county auditor of
each county in which the school district has territory to certify
the following information concerning the district's property
values and taxes for the second preceding tax year, and each such
auditor shall certify that information to the department within
thirty days of receiving the request:
(a) The value of the property subject to taxation in the
district that was classified as nonresidential/agricultural real
property pursuant to section 5713.041 of the Revised Code, and the
taxes charged and payable on that property; and
(b) The value of the property subject to taxation in the
district that was classified as residential/agricultural real
property under section 5713.041 of the Revised Code.
(C) By the fifteenth day of November, the department shall
compute the district's effective nonresidential/agricultural real
property value, effective residential/agricultural real property
value, effective personal value, and effective value, and shall
determine whether the school district's effective value for the
second preceding tax year is at least one per cent less than its
total value for that year certified under divisions (A)(1) and (2)
of section 3317.021 of the Revised Code. If it is, the department
shall recompute the basic state aid payable to the district for
the immediately preceding fiscal year using the effective value in
lieu of the amounts previously certified under section 3317.021 of
the Revised Code. The difference between the original basic state
aid amount computed for the district for the preceding fiscal year
and the recomputed amount shall be paid to the district from the
lottery profits education fund before the end of the current
fiscal year.
(D) Except as provided in division (E) of this section,
amounts received by a school district under division (C) of this
section shall be repaid to the department of education in any
future year to the extent the district receives payments of
uncollectable taxes in such future year. The department shall
notify a district of any amount owed under this division.
(E) If a school district received a grant from the
catastrophic expenditures account pursuant to division (C) of
section 3316.20 of the Revised Code on the basis of the same
circumstances for which a recomputation is made under this
section, the amount of the recomputation shall be reduced and
transferred in accordance with division (C) of section 3316.20 of
the Revised Code.
Sec. 3306.12 3317.0212. (A) The department of education shall
make no payments under this section for fiscal year 2012 or 2013.
(A) As used in this section:
(1) "Assigned bus" means a school bus used to transport
qualifying riders.
(2) "Nontraditional ridership" means the average number of
qualifying riders who are enrolled in a community school
established under Chapter 3314. of the Revised Code, in a STEM
school established under Chapter 3326. of the Revised Code, or in
a nonpublic school and are provided school bus service by a school
district during the first full week of October.
(3) "Qualifying riders" means resident students enrolled in
regular education in grades kindergarten to twelve who are
provided school bus service by a school district and who live more
than one mile from the school they attend, including students with
dual enrollment in a joint vocational school district or a
cooperative education school district, and students enrolled in a
community school, STEM school, or nonpublic school.
(4) "Qualifying ridership" means the average number of
qualifying riders who are provided school bus service by a school
district during the first full week of October.
(5) "Rider density" means the number of qualifying riders per
square mile of a school district.
(6) "School bus service" means a school district's
transportation of qualifying riders in any of the following types
of vehicles:
(a) School buses owned or leased by the district;
(b) School buses operated by a private contractor hired by
the district;
(c) School buses operated by another school district or
entity with which the district has contracted, either as part of a
consortium for the provision of transportation or otherwise.
(B) Not later than the fifteenth day of October each year,
each city, local, and exempted village school district shall
report to the department of education its qualifying ridership,
nontraditional ridership, number of qualifying riders per assigned
bus, and any other information requested by the department.
Subsequent adjustments to the reported numbers shall be made only
in accordance with rules adopted by the department.
(C) The department shall calculate the statewide
transportation cost per student as follows:
(1) Determine each city, local, and exempted village school
district's transportation cost per student by dividing the
district's total costs for school bus service in the previous
fiscal year by its qualifying ridership in the previous fiscal
year.
(2) After excluding districts that do not provide school bus
service and the ten districts with the highest transportation
costs per student and the ten districts with the lowest
transportation costs per student, divide the aggregate cost for
school bus service for the remaining districts in the previous
fiscal year by the aggregate qualifying ridership of those
districts in the previous fiscal year.
(D) The department shall calculate the statewide
transportation cost per mile as follows:
(1) Determine each city, local, and exempted village school
district's transportation cost per mile by dividing the district's
total costs for school bus service in the previous fiscal year by
its total number of miles driven for school bus service in the
previous fiscal year.
(2) After excluding districts that do not provide school bus
service and the ten districts with the highest transportation
costs per mile and the ten districts with the lowest
transportation costs per mile, divide the aggregate cost for
school bus service for the remaining districts in the previous
fiscal year by the aggregate miles driven for school bus service
in those districts in the previous fiscal year.
(E) The department shall calculate each city, local, and
exempted village school district's transportation base payment as
follows:
(1) Multiply the statewide transportation cost per student by
the district's qualifying ridership for the current fiscal year.
(2) Multiply the statewide transportation cost per mile by
the district's total number of miles driven for school bus service
in the current fiscal year.
(3) Multiply the greater of the amounts calculated under
divisions (E)(1) and (2) of this section by the greater of sixty
per cent or the district's state share percentage, as defined in
section 3317.02 of the Revised Code.
(F) The department shall calculate each city, local, and
exempted village school district's nontraditional ridership
adjustment according to the following formula:
(nontraditional ridership for the current fiscal year /
qualifying ridership for the current fiscal year) X 0.1 X
transportation base payment
(G) If a city, local, and or exempted village school district
offers school bus service to all resident students who are
enrolled in regular education in district schools in grades nine
to twelve and who live more than one mile from the school they
attend, the department shall calculate the district's high school
ridership adjustment according to the following formula:
0.025 X transportation base payment
(H) If a city, local, and or exempted village school district
offers school bus service to students enrolled in grades
kindergarten to eight who live more than one mile, but two miles
or less, from the school they attend, the department shall
calculate an additional adjustment according to the following
formula:
0.025 X transportation base payment
(I)(1) The department annually shall establish a target
number of qualifying riders per assigned bus for each city, local,
and exempted village school district. The department shall use the
most recently available data in establishing the target number.
The target number shall be based on the statewide median number of
qualifying riders per assigned bus as adjusted to reflect the
district's rider density in comparison to the rider density of all
other districts. The department shall post on the department's web
site each district's target number of qualifying riders per
assigned bus and a description of how the target number was
determined.
(2) The department shall determine each school district's
efficiency index by dividing the district's median number of
qualifying riders per assigned bus by its target number of
qualifying riders per assigned bus.
(3) The department shall determine each city, local, and
exempted village school district's efficiency adjustment as
follows:
(a) If the district's efficiency index is equal to or greater
than 1.5, the efficiency adjustment shall be calculated according
to the following formula:
0.1 X transportation base payment
(b) If the district's efficiency index is less than 1.5 but
equal to or greater than 1.0, the efficiency adjustment shall be
calculated according to the following formula:
[(efficiency index – 1) / 5] X transportation base payment
(c) If the district's efficiency index is less than 1.0, the
efficiency adjustment shall be zero.
(J) The department shall pay each city, local, and exempted
village school district the lesser of the following:
(1) The sum of the amounts calculated under divisions (E) to
(H) and (I)(3) of this section;
(2) The district's total costs for school bus service for the
prior fiscal year.
(K) In addition to funds paid under division (J) of this
section, each city, local, and exempted village district shall
receive in accordance with rules adopted by the state board of
education a payment for students transported by means other than
school bus service and whose transportation is not funded under
division (G)(C) of section 3317.024 of the Revised Code. The rules
shall include provisions for school district reporting of such
students.
(L)(1) In fiscal years 2010 and 2011, the department shall
pay each district a pro rata portion of the amounts calculated
under division (J) of this section and described in division (K)
of this section, based on state appropriations.
(2) In addition to the prorated payment under division (L)(1)
of this section, in fiscal years 2010 and 2011, the department
shall pay each school district that meets the conditions
prescribed in division (L)(3) of this section an additional amount
equal to the following product:
(a) The difference of (i) the amounts calculated under
division (J) of this section and prescribed in division (K) of
this section minus (ii) that prorated payment; times
(b) 0.30 in fiscal year 2010 and 0.70 in fiscal year 2011.
(3) Division (L)(2) of this section applies to each school
district that meets all of the following conditions:
(a) The district qualifies for the calculation of a payment
under division (J) of this section because it transports students
on board-owned or contractor-owned school buses.
(b) The district's local wealth per pupil, calculated as
prescribed in section 3317.0217 of the Revised Code, is at or
below the median local wealth per pupil of all districts that
qualify for calculation of a payment under division (J) of this
section.
(c) The district's rider density is at or below the median
rider density of all districts that qualify for calculation of a
payment under division (J) of this section.
Sec. 3317.03. The information certified and verified under
this section shall be used to calculate payments under this
chapter and Chapter 3306. of the Revised Code.
(A) The superintendent of each city, local, and exempted
village school district and of each educational service center
shall, for the schools under the superintendent's supervision,
certify to the state board of education on or before the fifteenth
day of October in each year for the first full school week in
October the average daily membership of students receiving
services from schools under the superintendent's supervision, and
the numbers of other students entitled to attend school in the
district under section 3313.64 or 3313.65 of the Revised Code the
superintendent is required to report under this section, so that
the department of education can calculate the district's formula
ADM. If a school under the superintendent's supervision is closed
for one or more days during that week due to hazardous weather
conditions or other circumstances described in the first paragraph
of division (B) of section 3317.01 of the Revised Code, the
superintendent may apply to the superintendent of public
instruction for a waiver, under which the superintendent of public
instruction may exempt the district superintendent from certifying
the average daily membership for that school for that week and
specify an alternate week for certifying the average daily
membership of that school.
The average daily membership during such week shall consist
of the sum of the following:
(1) On an FTE basis, the number of students in grades
kindergarten through twelve receiving any educational services
from the district, except that the following categories of
students shall not be included in the determination:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district students enrolled in the
district under an open enrollment policy pursuant to section
3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in another district pursuant to
section 3313.64 or 3313.65 of the Revised Code;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code;
(e) Students receiving services in the district through a
scholarship awarded under section 3310.41 of the Revised Code.
(2) On an FTE basis, the number of students entitled to
attend school in the district pursuant to section 3313.64 or
3313.65 of the Revised Code, but receiving educational services in
grades kindergarten through twelve from one or more of the
following entities:
(a) A community school pursuant to Chapter 3314. of the
Revised Code, including any participation in a college pursuant to
Chapter 3365. of the Revised Code while enrolled in such community
school;
(b) An alternative school pursuant to sections 3313.974 to
3313.979 of the Revised Code as described in division (I)(2)(a) or
(b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised Code,
except when the student is enrolled in the college while also
enrolled in a community school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code;
(d) An adjacent or other school district under an open
enrollment policy adopted pursuant to section 3313.98 of the
Revised Code;
(e) An educational service center or cooperative education
district;
(f) Another school district under a cooperative education
agreement, compact, or contract;
(g) A chartered nonpublic school with a scholarship paid
under section 3310.08 of the Revised Code;
(h) An alternative public provider or a registered private
provider with a scholarship awarded under section 3310.41 of the
Revised Code.
As used in this section, "alternative public provider" and
"registered private provider" have the same meanings as in section
3310.41 of the Revised Code.
(i) A science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school.
(3) The number of students enrolled in a joint vocational
school district or under a vocational education compact, excluding
any students entitled to attend school in the district under
section 3313.64 or 3313.65 of the Revised Code who are enrolled in
another school district through an open enrollment policy as
reported under division (A)(2)(d) of this section and then enroll
in a joint vocational school district or under a vocational
education compact;
(4) The number of children with disabilities, other than
preschool children with disabilities, entitled to attend school in
the district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are placed by the district with a county DD board, minus
the number of such children placed with a county DD board in
fiscal year 1998. If this calculation produces a negative number,
the number reported under division (A)(4) of this section shall be
zero.
(B) To enable the department of education to obtain the data
needed to complete the calculation of payments pursuant to this
chapter and Chapter 3306. of the Revised Code, in addition to the
average daily membership, each superintendent shall report
separately the following student counts for the same week for
which average daily membership is certified:
(1) The total average daily membership in regular learning
day classes included in the report under division (A)(1) or (2) of
this section for each of the individual grades kindergarten
through twelve in schools under the superintendent's supervision;
(2) The number of all preschool children with disabilities
enrolled as of the first day of December in classes in the
district that are eligible for approval under division (B) of
section 3317.05 of the Revised Code and the number of those
classes, which shall be reported not later than the fifteenth day
of December, in accordance with rules adopted under that section;
(3) The number of children entitled to attend school in the
district pursuant to section 3313.64 or 3313.65 of the Revised
Code who are:
(a) Participating in a pilot project scholarship program
established under sections 3313.974 to 3313.979 of the Revised
Code as described in division (I)(2)(a) or (b) of this section;
(b) Enrolled in a college under Chapter 3365. of the Revised
Code, except when the student is enrolled in the college while
also enrolled in a community school pursuant to Chapter 3314. or a
science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code;
(c) Enrolled in an adjacent or other school district under
section 3313.98 of the Revised Code;
(d) Enrolled in a community school established under Chapter
3314. of the Revised Code that is not an internet- or
computer-based community school as defined in section 3314.02 of
the Revised Code, including any participation in a college
pursuant to Chapter 3365. of the Revised Code while enrolled in
such community school;
(e) Enrolled in an internet- or computer-based community
school, as defined in section 3314.02 of the Revised Code,
including any participation in a college pursuant to Chapter 3365.
of the Revised Code while enrolled in the school;
(f) Enrolled in a chartered nonpublic school with a
scholarship paid under section 3310.08 of the Revised Code;
(g) Enrolled in kindergarten through grade twelve in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(h) Enrolled as a preschool child with a disability in an
alternative public provider or a registered private provider with
a scholarship awarded under section 3310.41 of the Revised Code;
(i) Participating in a program operated by a county DD board
or a state institution;
(j) Enrolled in a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code, including any participation in a college pursuant to Chapter
3365. of the Revised Code while enrolled in the school.
(4) The number of pupils enrolled in joint vocational
schools;
(5) The average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for the category one
disability described in division (D)(1)(A) of section 3306.02
3317.013 of the Revised Code;
(6) The average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category two disabilities
described in division (D)(2)(B) of section 3306.02 3317.013 of the
Revised Code;
(7) The average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category three
disabilities described in division (D)(3)(C) of section 3306.02
3317.013 of the Revised Code;
(8) The average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for category four
disabilities described in division (D)(4) of section 3306.02
3317.013 of the Revised Code;
(9) The average daily membership of children with
disabilities reported under division (A)(1) or (2) of this section
receiving special education services for the category five
disabilities described in division (D)(5)(E) of section 3306.02
3317.013 of the Revised Code;
(10) The combined average daily membership of children with
disabilities reported under division (A)(1) or (2) and under
division (B)(3)(h) of this section receiving special education
services for category six disabilities described in division
(D)(6)(F) of section 3306.02 3317.013 of the Revised Code,
including children attending a special education program operated
by an alternative public provider or a registered private provider
with a scholarship awarded under section 3310.41 of the Revised
Code;
(11) The average daily membership of pupils reported under
division (A)(1) or (2) of this section enrolled in category one
vocational education programs or classes, described in division
(A) of section 3317.014 of the Revised Code, operated by the
school district or by another district, other than a joint
vocational school district, or by an educational service center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
(12) The average daily membership of pupils reported under
division (A)(1) or (2) of this section enrolled in category two
vocational education programs or services, described in division
(B) of section 3317.014 of the Revised Code, operated by the
school district or another school district, other than a joint
vocational school district, or by an educational service center,
excluding any student reported under division (B)(3)(e) of this
section as enrolled in an internet- or computer-based community
school, notwithstanding division (C) of section 3317.02 of the
Revised Code and division (C)(3) of this section;
Beginning with fiscal year 2010, vocational education ADM
shall not be used to calculate a district's funding but shall be
reported under divisions (B)(11) and (12) of this section for
statistical purposes.
(13) The average number of children transported by the school
district on board-owned or contractor-owned and -operated buses,
reported in accordance with rules adopted by the department of
education;
(14)(a) The number of children, other than preschool children
with disabilities, the district placed with a county DD board in
fiscal year 1998;
(b) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category one disability described in division
(D)(1)(A) of section 3306.02 3317.013 of the Revised Code;
(c) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category two disabilities described in division
(D)(2)(B) of section 3306.02 3317.013 of the Revised Code;
(d) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category three disabilities described in division
(D)(3)(C) of section 3306.02 3317.013 of the Revised Code;
(e) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category four disabilities described in division
(D)(4) of section 3306.02 3317.013 of the Revised Code;
(f) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for the category five disabilities described in division
(D)(5)(E) of section 3306.02 3317.013 of the Revised Code;
(g) The number of children with disabilities, other than
preschool children with disabilities, placed with a county DD
board in the current fiscal year to receive special education
services for category six disabilities described in division
(D)(6)(F) of section 3306.02 3317.013 of the Revised Code.
(C)(1) The average daily membership in divisions (B)(1) to
(12) of this section shall be based upon the number of full-time
equivalent students. The state board of education shall adopt
rules defining full-time equivalent students and for determining
the average daily membership therefrom for the purposes of
divisions (A), (B), and (D) of this section.
(2) A student enrolled in a community school established
under Chapter 3314. or a science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code shall be counted in the formula ADM and, if applicable, the
category one, two, three, four, five, or six special education ADM
of the school district in which the student is entitled to attend
school under section 3313.64 or 3313.65 of the Revised Code for
the same proportion of the school year that the student is counted
in the enrollment of the community school or the science,
technology, engineering, and mathematics school for purposes of
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding
the number of students reported pursuant to division (B)(3)(d),
(e), or (j) of this section, the department may adjust the formula
ADM of a school district to account for students entitled to
attend school in the district under section 3313.64 or 3313.65 of
the Revised Code who are enrolled in a community school or a
science, technology, engineering, and mathematics school for only
a portion of the school year.
(3) No child shall be counted as more than a total of one
child in the sum of the average daily memberships of a school
district under division (A), divisions (B)(1) to (12), or division
(D) of this section, except as follows:
(a) A child with a disability described in division (D) of
section 3306.02 3317.013 of the Revised Code may be counted both
in formula ADM and in category one, two, three, four, five, or six
special education ADM and, if applicable, in category one or two
vocational education ADM. As provided in division (C) of section
3317.02 of the Revised Code, such a child shall be counted in
category one, two, three, four, five, or six special education ADM
in the same proportion that the child is counted in formula ADM.
(b) A child enrolled in vocational education programs or
classes described in section 3317.014 of the Revised Code may be
counted both in formula ADM and category one or two vocational
education ADM and, if applicable, in category one, two, three,
four, five, or six special education ADM. Such a child shall be
counted in category one or two vocational education ADM in the
same proportion as the percentage of time that the child spends in
the vocational education programs or classes.
(4) Based on the information reported under this section, the
department of education shall determine the total student count,
as defined in section 3301.011 of the Revised Code, for each
school district.
(D)(1) The superintendent of each joint vocational school
district shall certify to the superintendent of public instruction
on or before the fifteenth day of October in each year for the
first full school week in October the formula ADM, for purposes of
section 3318.42 of the Revised Code and for any other purpose
prescribed by law for which "formula ADM" of the joint vocational
district is a factor. If a school operated by the joint vocational
school district is closed for one or more days during that week
due to hazardous weather conditions or other circumstances
described in the first paragraph of division (B) of section
3317.01 of the Revised Code, the superintendent may apply to the
superintendent of public instruction for a waiver, under which the
superintendent of public instruction may exempt the district
superintendent from certifying the formula ADM for that school for
that week and specify an alternate week for certifying the formula
ADM of that school.
The formula ADM, except as otherwise provided in this
division, shall consist of the average daily membership during
such week, on an FTE basis, of the number of students receiving
any educational services from the district, including students
enrolled in a community school established under Chapter 3314. or
a science, technology, engineering, and mathematics school
established under Chapter 3326. of the Revised Code who are
attending the joint vocational district under an agreement between
the district board of education and the governing authority of the
community school or the governing body of the science, technology,
engineering, and mathematics school and are entitled to attend
school in a city, local, or exempted village school district whose
territory is part of the territory of the joint vocational
district.
The following categories of students shall not be included in
the determination made under division (D)(1) of this section:
(a) Students enrolled in adult education classes;
(b) Adjacent or other district joint vocational students
enrolled in the district under an open enrollment policy pursuant
to section 3313.98 of the Revised Code;
(c) Students receiving services in the district pursuant to a
compact, cooperative education agreement, or a contract, but who
are entitled to attend school in a city, local, or exempted
village school district whose territory is not part of the
territory of the joint vocational district;
(d) Students for whom tuition is payable pursuant to sections
3317.081 and 3323.141 of the Revised Code.
(2) In To enable the department of education to obtain the
data needed to complete the calculation of payments pursuant to
this chapter, in addition to the formula ADM, each superintendent
shall report separately the average daily membership included in
the report under division (D)(1) of this section for each of the
following categories of students for the same week for which
formula ADM is certified:
(a) Students enrolled in each individual grade included in
the joint vocational district schools;
(b) Children with disabilities receiving special education
services for the category one disability described in division
(D)(1)(A) of section 3306.02 3317.013 of the Revised Code;
(c) Children with disabilities receiving special education
services for the category two disabilities described in division
(D)(2)(B) of section 3306.02 3317.013 of the Revised Code;
(d) Children with disabilities receiving special education
services for category three disabilities described in division
(D)(3)(C) of section 3306.02 3317.013 of the Revised Code;
(e) Children with disabilities receiving special education
services for category four disabilities described in division
(D)(4) of section 3306.02 3317.013 of the Revised Code;
(f) Children with disabilities receiving special education
services for the category five disabilities described in division
(D)(5)(E) of section 3306.02 3317.013 of the Revised Code;
(g) Children with disabilities receiving special education
services for category six disabilities described in division
(D)(6)(F) of section 3306.02 3317.013 of the Revised Code;
(h) Students receiving category one vocational education
services, described in division (A) of section 3317.014 of the
Revised Code;
(i) Students receiving category two vocational education
services, described in division (B) of section 3317.014 of the
Revised Code.
The superintendent of each joint vocational school district
shall also indicate the city, local, or exempted village school
district in which each joint vocational district pupil is entitled
to attend school pursuant to section 3313.64 or 3313.65 of the
Revised Code.
(E) In each school of each city, local, exempted village,
joint vocational, and cooperative education school district there
shall be maintained a record of school membership, which record
shall accurately show, for each day the school is in session, the
actual membership enrolled in regular day classes. For the purpose
of determining average daily membership, the membership figure of
any school shall not include any pupils except those pupils
described by division (A) of this section. The record of
membership for each school shall be maintained in such manner that
no pupil shall be counted as in membership prior to the actual
date of entry in the school and also in such manner that where for
any cause a pupil permanently withdraws from the school that pupil
shall not be counted as in membership from and after the date of
such withdrawal. There shall not be included in the membership of
any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of a
public or nonpublic high school;
(2) Any pupil who is not a resident of the state;
(3) Any pupil who was enrolled in the schools of the district
during the previous school year when assessments were administered
under section 3301.0711 of the Revised Code but did not take one
or more of the assessments required by that section and was not
excused pursuant to division (C)(1) or (3) of that section;
(4) Any pupil who has attained the age of twenty-two years,
except for veterans of the armed services whose attendance was
interrupted before completing the recognized twelve-year course of
the public schools by reason of induction or enlistment in the
armed forces and who apply for reenrollment in the public school
system of their residence not later than four years after
termination of war or their honorable discharge.
If, however, any veteran described by division (E)(4) of this
section elects to enroll in special courses organized for veterans
for whom tuition is paid under the provisions of federal laws, or
otherwise, that veteran shall not be included in average daily
membership.
Notwithstanding division (E)(3) of this section, the
membership of any school may include a pupil who did not take an
assessment required by section 3301.0711 of the Revised Code if
the superintendent of public instruction grants a waiver from the
requirement to take the assessment to the specific pupil and a
parent is not paying tuition for the pupil pursuant to section
3313.6410 of the Revised Code. The superintendent may grant such a
waiver only for good cause in accordance with rules adopted by the
state board of education.
Except as provided in divisions (B)(2) and (F) of this
section, the average daily membership figure of any local, city,
exempted village, or joint vocational school district shall be
determined by dividing the figure representing the sum of the
number of pupils enrolled during each day the school of attendance
is actually open for instruction during the week for which the
average daily membership is being certified by the total number of
days the school was actually open for instruction during that
week. For purposes of state funding, "enrolled" persons are only
those pupils who are attending school, those who have attended
school during the current school year and are absent for
authorized reasons, and those children with disabilities currently
receiving home instruction.
The average daily membership figure of any cooperative
education school district shall be determined in accordance with
rules adopted by the state board of education.
(F)(1) If the formula ADM for the first full school week in
February is at least three per cent greater than that certified
for the first full school week in the preceding October, the
superintendent of schools of any city, exempted village, or joint
vocational school district or educational service center shall
certify such increase to the superintendent of public instruction.
Such certification shall be submitted no later than the fifteenth
day of February. For the balance of the fiscal year, beginning
with the February payments, the superintendent of public
instruction shall use the increased formula ADM in calculating or
recalculating the amounts to be allocated in accordance with
section 3317.022 or 3317.16 of the Revised Code. In no event shall
the superintendent use an increased membership certified to the
superintendent after the fifteenth day of February. Division
(F)(1) of this section does not apply after fiscal year 2006.
(2) If on the first school day of April the total number of
classes or units for preschool children with disabilities that are
eligible for approval under division (B) of section 3317.05 of the
Revised Code exceeds the number of units that have been approved
for the year under that division, the superintendent of schools of
any city, exempted village, or cooperative education school
district or educational service center shall make the
certifications required by this section for that day. If the
department determines additional units can be approved for the
fiscal year within any limitations set forth in the acts
appropriating moneys for the funding of such units, the department
shall approve additional units for the fiscal year on the basis of
such average daily membership. For each unit so approved, the
department shall pay an amount computed in the manner prescribed
in section 3317.052 or 3317.19 and section 3317.053 of the Revised
Code.
(3) If a student attending a community school under Chapter
3314. or a science, technology, engineering, and mathematics
school established under Chapter 3326. of the Revised Code is not
included in the formula ADM certified for the school district in
which the student is entitled to attend school under section
3313.64 or 3313.65 of the Revised Code, the department of
education shall adjust the formula ADM of that school district to
include the student in accordance with division (C)(2) of this
section, and shall recalculate the school district's payments
under this chapter and Chapter 3306. of the Revised Code for the
entire fiscal year on the basis of that adjusted formula ADM. This
requirement applies regardless of whether the student was
enrolled, as defined in division (E) of this section, in the
community school or the science, technology, engineering, and
mathematics school during the week for which the formula ADM is
being certified.
(4) If a student awarded an educational choice scholarship is
not included in the formula ADM of the school district from which
the department deducts funds for the scholarship under section
3310.08 of the Revised Code, the department shall adjust the
formula ADM of that school district to include the student to the
extent necessary to account for the deduction, and shall
recalculate the school district's payments under this chapter and
Chapter 3306. of the Revised Code for the entire fiscal year on
the basis of that adjusted formula ADM. This requirement applies
regardless of whether the student was enrolled, as defined in
division (E) of this section, in the chartered nonpublic school,
the school district, or a community school during the week for
which the formula ADM is being certified.
(G)(1)(a) The superintendent of an institution operating a
special education program pursuant to section 3323.091 of the
Revised Code shall, for the programs under such superintendent's
supervision, certify to the state board of education, in the
manner prescribed by the superintendent of public instruction,
both of the following:
(i) The average daily membership of all children with
disabilities other than preschool children with disabilities
receiving services at the institution for each category of
disability described in divisions (D)(1) to (6)(A) to (F) of
section 3306.02 3317.013 of the Revised Code;
(ii) The average daily membership of all preschool children
with disabilities in classes or programs approved annually by the
department of education for unit funding under section 3317.05 of
the Revised Code.
(b) The superintendent of an institution with vocational
education units approved under division (A) of section 3317.05 of
the Revised Code shall, for the units under the superintendent's
supervision, certify to the state board of education the average
daily membership in those units, in the manner prescribed by the
superintendent of public instruction.
(2) The superintendent of each county DD board that maintains
special education classes under section 3317.20 of the Revised
Code or units approved pursuant to section 3317.05 of the Revised
Code shall do both of the following:
(a) Certify to the state board, in the manner prescribed by
the board, the average daily membership in classes under section
3317.20 of the Revised Code for each school district that has
placed children in the classes;
(b) Certify to the state board, in the manner prescribed by
the board, the number of all preschool children with disabilities
enrolled as of the first day of December in classes eligible for
approval under division (B) of section 3317.05 of the Revised
Code, and the number of those classes.
(3)(a) If on the first school day of April the number of
classes or units maintained for preschool children with
disabilities by the county DD board that are eligible for approval
under division (B) of section 3317.05 of the Revised Code is
greater than the number of units approved for the year under that
division, the superintendent shall make the certification required
by this section for that day.
(b) If the department determines that additional classes or
units can be approved for the fiscal year within any limitations
set forth in the acts appropriating moneys for the funding of the
classes and units described in division (G)(3)(a) of this section,
the department shall approve and fund additional units for the
fiscal year on the basis of such average daily membership. For
each unit so approved, the department shall pay an amount computed
in the manner prescribed in sections 3317.052 and 3317.053 of the
Revised Code.
(H) Except as provided in division (I) of this section, when
any city, local, or exempted village school district provides
instruction for a nonresident pupil whose attendance is
unauthorized attendance as defined in section 3327.06 of the
Revised Code, that pupil's membership shall not be included in
that district's membership figure used in the calculation of that
district's formula ADM or included in the determination of any
unit approved for the district under section 3317.05 of the
Revised Code. The reporting official shall report separately the
average daily membership of all pupils whose attendance in the
district is unauthorized attendance, and the membership of each
such pupil shall be credited to the school district in which the
pupil is entitled to attend school under division (B) of section
3313.64 or section 3313.65 of the Revised Code as determined by
the department of education.
(I)(1) A city, local, exempted village, or joint vocational
school district admitting a scholarship student of a pilot project
district pursuant to division (C) of section 3313.976 of the
Revised Code may count such student in its average daily
membership.
(2) In any year for which funds are appropriated for pilot
project scholarship programs, a school district implementing a
state-sponsored pilot project scholarship program that year
pursuant to sections 3313.974 to 3313.979 of the Revised Code may
count in average daily membership:
(a) All children residing in the district and utilizing a
scholarship to attend kindergarten in any alternative school, as
defined in section 3313.974 of the Revised Code;
(b) All children who were enrolled in the district in the
preceding year who are utilizing a scholarship to attend any such
an alternative school.
(J) The superintendent of each cooperative education school
district shall certify to the superintendent of public
instruction, in a manner prescribed by the state board of
education, the applicable average daily memberships for all
students in the cooperative education district, also indicating
the city, local, or exempted village district where each pupil is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code.
(K) If the superintendent of public instruction determines
that a component of the average daily membership certified or
reported by a district superintendent, or other reporting entity,
is not correct, the superintendent of public instruction may order
that the formula ADM used for the purposes of payments under any
section of Title XXXIII of the Revised Code be adjusted in the
amount of the error.
Sec. 3317.031. A membership record shall be kept by grade
level in each city, local, exempted village, joint vocational, and
cooperative education school district and such a record shall be
kept by grade level in each educational service center that
provides academic instruction to pupils, classes for pupils with
disabilities, or any other direct instructional services to
pupils. Such membership record shall show the following
information for each pupil enrolled: Name, date of birth, name of
parent, date entered school, date withdrawn from school, days
present, days absent, and the number of days school was open for
instruction while the pupil was enrolled. At the end of the school
year this membership record shall show the total days present, the
total days absent, and the total days due for all pupils in each
grade. Such membership record shall show the pupils that are
transported to and from school and it shall also show the pupils
that are transported living within one mile of the school
attended. This membership record shall also show any other
information prescribed by the state board of education.
This membership record shall be kept intact for at least five
years and shall be made available to the state board of education
or its representative in making an audit of the average daily
membership or the transportation of the district or educational
service center. The membership records of local school districts
shall be filed at the close of each school year in the office of
the educational service center superintendent.
The state board of education may withhold any money due any
school district or educational service center under this chapter
and Chapter 3306. of the Revised Code until it has satisfactory
evidence that the board of education or educational service center
governing board has fully complied with all of the provisions of
this section.
Nothing in this section shall require any person to release,
or to permit access to, public school records in violation of
section 3319.321 of the Revised Code.
Sec. 3317.05. (A) For the purpose of calculating payments
under sections 3317.052 and 3317.053 of the Revised Code, the
department of education shall determine for each institution, by
the last day of January of each year and based on information
certified under section 3317.03 of the Revised Code, the number of
vocational education units or fractions of units approved by the
department on the basis of standards and rules adopted by the
state board of education. As used in this division, "institution"
means an institution operated by a department specified in section
3323.091 of the Revised Code and that provides vocational
education programs under the supervision of the division of
vocational education of the department that meet the standards and
rules for these programs, including licensure of professional
staff involved in the programs, as established by the state board.
(B) For the purpose of calculating payments under sections
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the
department shall determine, based on information certified under
section 3317.03 of the Revised Code, the following by the last day
of January of each year for each educational service center, for
each school district, including each cooperative education school
district, for each institution eligible for payment under section
3323.091 of the Revised Code, and for each county DD board: the
number of classes operated by the school district, service center,
institution, or county DD board for preschool children with
disabilities, or fraction thereof, including in the case of a
district or service center that is a funding agent, classes taught
by a licensed teacher employed by that district or service center
under section 3313.841 of the Revised Code, approved annually by
the department on the basis of standards and rules adopted by the
state board.
(C) For the purpose of calculating payments under sections
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the
department shall determine, based on information certified under
section 3317.03 of the Revised Code, the following by the last day
of January of each year for each school district, including each
cooperative education school district, for each institution
eligible for payment under section 3323.091 of the Revised Code,
and for each county DD board: the number of units for related
services, as defined in section 3323.01 of the Revised Code, for
preschool children with disabilities approved annually by the
department on the basis of standards and rules adopted by the
state board.
(D) All of the arithmetical calculations made under this
section shall be carried to the second decimal place. The total
number of units for school districts, service centers, and
institutions approved annually under this section shall not exceed
the number of units included in the estimate of cost for these
units and appropriations made for them by the general assembly.
In the case of units for preschool children with disabilities
described in division (B) of this section, the department shall
approve only preschool units for children who are under age six on
the thirtieth day of September of the academic year, or on the
first day of August of the academic year if the school district in
which the child is enrolled has adopted a resolution under
division (A)(3) of section 3321.01 of the Revised Code, but not
less than age three on the first day of December of the academic
year, except that such a unit may include one or more children who
are under age three or are age six or over on the applicable date,
as reported under division (B)(2) or (G)(2)(b) of section 3317.03
of the Revised Code, if such children have been admitted to the
unit pursuant to rules of the state board. The number of units for
county DD boards and institutions eligible for payment under
section 3323.091 of the Revised Code approved under this section
shall not exceed the number that can be funded with appropriations
made for such purposes by the general assembly.
No unit shall be approved under divisions (B) and (C) of this
section unless a plan has been submitted and approved under
Chapter 3323. of the Revised Code.
(E) The department shall approve units or fractions thereof
for gifted children on the basis of standards and rules adopted by
the state board.
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and
3317.11 of the Revised Code, a unit funded pursuant to division
(L) of section 3317.024 or division (A)(2) of section 3317.052 of
the Revised Code shall not be approved for state funding in one
school district, including any cooperative education school
district or any educational service center, to the extent that
such unit provides programs in or services to another district
which receives payment pursuant to section 3317.04 of the Revised
Code.
(2) Any city, local, exempted village, or cooperative
education school district or any educational service center may
combine partial unit eligibility for programs for preschool
children with disabilities pursuant to section 3317.05 of the
Revised Code, and such combined partial units may be approved for
state funding in one school district or service center.
(B) After units have been initially approved for any fiscal
year under section 3317.05 of the Revised Code, no unit shall be
subsequently transferred from a school district or educational
service center to another city, exempted village, local, or
cooperative education school district or educational service
center or to an institution or county DD board solely for the
purpose of reducing the financial obligations of the school
district in a fiscal year it receives payment pursuant to section
3317.04 of the Revised Code.
Sec. 3317.053. (A) As used in this section:
(1) "State share percentage" has the same meaning as in
section 3317.022 of the Revised Code.
(2) "Dollar amount" means the amount shown in the following
table for the corresponding type of unit:
|
TYPE OF UNIT |
|
DOLLAR AMOUNT |
|
|
|
Division (B) of section 3317.05
|
|
|
|
|
|
of the Revised Code |
|
$8,334 |
|
|
|
Division (C) of that section |
|
$3,234 |
|
|
|
Division (E) of that section |
|
$5,550 |
|
|
(3) "Average unit amount" means the amount shown in the
following table for the corresponding type of unit:
|
TYPE OF UNIT |
|
AVERAGE UNIT AMOUNT |
|
|
|
Division (B) of section 3317.05 |
|
|
|
|
|
of the Revised Code |
|
$7,799 |
|
|
|
Division (C) of that section |
|
$2,966 |
|
|
|
Division (E) of that section |
|
$5,251 |
|
|
(B) In the case of each unit described in division (B),
or
(C), or (E) of section 3317.05 of the Revised Code and allocated
to a city, local, or exempted village school district, the
department of education, in addition to the amounts specified in
division (L) of section 3317.024 and sections 3317.052 and 3317.19
of the Revised Code, shall pay a supplemental unit allowance equal
to the sum of the following amounts:
(1) An amount equal to 50% of the average unit amount for the
unit;
(2) An amount equal to the percentage of the dollar amount
for the unit that equals the district's state share percentage.
If, prior to the fifteenth day of May of a fiscal year, a
school district's aid computed under section 3317.022 of the
Revised Code is recomputed pursuant to section 3317.027 or
3317.028 of the Revised Code, the department shall also recompute
the district's entitlement to payment under this section utilizing
a new state share percentage. Such new state share percentage
shall be determined using the district's recomputed basic aid
amount pursuant to section 3317.027 or 3317.028 of the Revised
Code. During the last six months of the fiscal year, the
department shall pay the district a sum equal to one-half of the
recomputed payment in lieu of one-half the payment otherwise
calculated under this section.
(C)(1) In the case of each unit allocated to an institution
pursuant to division (A) of section 3317.05 of the Revised Code,
the department, in addition to the amount specified in section
3317.052 of the Revised Code, shall pay a supplemental unit
allowance of $7,227.
(2) In the case of each unit described in division (B) of
section 3317.05 of the Revised Code that is allocated to any
entity other than a city, exempted village, or local school
district, the department, in addition to the amount specified in
section 3317.052 of the Revised Code, shall pay a supplemental
unit allowance of $7,799.
(3) In the case of each unit described in division (C) of
section 3317.05 of the Revised Code and allocated to any entity
other than a city, exempted village, or local school district, the
department, in addition to the amounts specified in section
3317.052 of the Revised Code, shall pay a supplemental unit
allowance of $2,966.
(4) In the case of each unit described in division (E) of
section 3317.05 of the Revised Code and allocated to an
educational service center, the department, in addition to the
amounts specified in division (L) of section 3317.024 of the
Revised Code, shall pay a supplemental unit allowance of $5,251.
Sec. 3317.06. Moneys paid to school districts under division
(I)(E) of section 3317.024 of the Revised Code shall be used for
the following independent and fully severable purposes:
(A) To purchase such secular textbooks or electronic
textbooks as have been approved by the superintendent of public
instruction for use in public schools in the state and to loan
such textbooks or electronic textbooks to pupils attending
nonpublic schools within the district or to their parents and to
hire clerical personnel to administer such lending program. Such
loans shall be based upon individual requests submitted by such
nonpublic school pupils or parents. Such requests shall be
submitted to the school district in which the nonpublic school is
located. Such individual requests for the loan of textbooks or
electronic textbooks shall, for administrative convenience, be
submitted by the nonpublic school pupil or the pupil's parent to
the nonpublic school, which shall prepare and submit collective
summaries of the individual requests to the school district. As
used in this section:
(1) "Textbook" means any book or book substitute that a pupil
uses as a consumable or nonconsumable text, text substitute, or
text supplement in a particular class or program in the school the
pupil regularly attends.
(2) "Electronic textbook" means computer software,
interactive videodisc, magnetic media, CD-ROM, computer
courseware, local and remote computer assisted instruction,
on-line service, electronic medium, or other means of conveying
information to the student or otherwise contributing to the
learning process through electronic means.
(B) To provide speech and hearing diagnostic services to
pupils attending nonpublic schools within the district. Such
service shall be provided in the nonpublic school attended by the
pupil receiving the service.
(C) To provide physician, nursing, dental, and optometric
services to pupils attending nonpublic schools within the
district. Such services shall be provided in the school attended
by the nonpublic school pupil receiving the service.
(D) To provide diagnostic psychological services to pupils
attending nonpublic schools within the district. Such services
shall be provided in the school attended by the pupil receiving
the service.
(E) To provide therapeutic psychological and speech and
hearing services to pupils attending nonpublic schools within the
district. Such services shall be provided in the public school, in
nonpublic schools, in public centers, or in mobile units located
on or off of the nonpublic premises. If such services are provided
in the public school or in public centers, transportation to and
from such facilities shall be provided by the school district in
which the nonpublic school is located.
(F) To provide guidance, counseling, and social work services
to pupils attending nonpublic schools within the district. Such
services shall be provided in the public school, in nonpublic
schools, in public centers, or in mobile units located on or off
of the nonpublic premises. If such services are provided in the
public school or in public centers, transportation to and from
such facilities shall be provided by the school district in which
the nonpublic school is located.
(G) To provide remedial services to pupils attending
nonpublic schools within the district. Such services shall be
provided in the public school, in nonpublic schools, in public
centers, or in mobile units located on or off of the nonpublic
premises. If such services are provided in the public school or in
public centers, transportation to and from such facilities shall
be provided by the school district in which the nonpublic school
is located.
(H) To supply for use by pupils attending nonpublic schools
within the district such standardized tests and scoring services
as are in use in the public schools of the state;
(I) To provide programs for children who attend nonpublic
schools within the district and are children with disabilities as
defined in section 3323.01 of the Revised Code or gifted children.
Such programs shall be provided in the public school, in nonpublic
schools, in public centers, or in mobile units located on or off
of the nonpublic premises. If such programs are provided in the
public school or in public centers, transportation to and from
such facilities shall be provided by the school district in which
the nonpublic school is located.
(J) To hire clerical personnel to assist in the
administration of programs pursuant to divisions (B), (C), (D),
(E), (F), (G), and (I) of this section and to hire supervisory
personnel to supervise the providing of services and textbooks
pursuant to this section.
(K) To purchase or lease any secular, neutral, and
nonideological computer software (including site-licensing),
prerecorded video laserdiscs, digital video on demand (DVD),
compact discs, and video cassette cartridges, wide area
connectivity and related technology as it relates to internet
access, mathematics or science equipment and materials,
instructional materials, and school library materials that are in
general use in the public schools of the state and loan such items
to pupils attending nonpublic schools within the district or to
their parents, and to hire clerical personnel to administer the
lending program. Only such items that are incapable of diversion
to religious use and that are susceptible of loan to individual
pupils and are furnished for the use of individual pupils shall be
purchased and loaned under this division. As used in this section,
"instructional materials" means prepared learning materials that
are secular, neutral, and nonideological in character and are of
benefit to the instruction of school children, and may include
educational resources and services developed by the eTech Ohio
commission.
(L) To purchase or lease instructional equipment, including
computer hardware and related equipment in general use in the
public schools of the state, for use by pupils attending nonpublic
schools within the district and to loan such items to pupils
attending nonpublic schools within the district or to their
parents, and to hire clerical personnel to administer the lending
program.
(M) To purchase mobile units to be used for the provision of
services pursuant to divisions (E), (F), (G), and (I) of this
section and to pay for necessary repairs and operating costs
associated with these units.
(N) To reimburse costs the district incurred to store the
records of a chartered nonpublic school that closes.
Reimbursements under this division shall be made one time only for
each chartered nonpublic school that closes.
Clerical and supervisory personnel hired pursuant to division
(J) of this section shall perform their services in the public
schools, in nonpublic schools, public centers, or mobile units
where the services are provided to the nonpublic school pupil,
except that such personnel may accompany pupils to and from the
service sites when necessary to ensure the safety of the children
receiving the services.
All services provided pursuant to this section may be
provided under contract with educational service centers, the
department of health, city or general health districts, or private
agencies whose personnel are properly licensed by an appropriate
state board or agency.
Transportation of pupils provided pursuant to divisions (E),
(F), (G), and (I) of this section shall be provided by the school
district from its general funds and not from moneys paid to it
under division (I)(E) of section 3317.024 of the Revised Code
unless a special transportation request is submitted by the parent
of the child receiving service pursuant to such divisions. If such
an application is presented to the school district, it may pay for
the transportation from moneys paid to it under division (I)(E) of
section 3317.024 of the Revised Code.
No school district shall provide health or remedial services
to nonpublic school pupils as authorized by this section unless
such services are available to pupils attending the public schools
within the district.
Materials, equipment, computer hardware or software,
textbooks, electronic textbooks, and health and remedial services
provided for the benefit of nonpublic school pupils pursuant to
this section and the admission of pupils to such nonpublic schools
shall be provided without distinction as to race, creed, color, or
national origin of such pupils or of their teachers.
No school district shall provide services, materials, or
equipment that contain religious content for use in religious
courses, devotional exercises, religious training, or any other
religious activity.
As used in this section, "parent" includes a person standing
in loco parentis to a child.
Notwithstanding section 3317.01 of the Revised Code, payments
shall be made under this section to any city, local, or exempted
village school district within which is located one or more
nonpublic elementary or high schools and any payments made to
school districts under division (I)(E) of section 3317.024 of the
Revised Code for purposes of this section may be disbursed without
submission to and approval of the controlling board.
The allocation of payments for materials, equipment,
textbooks, electronic textbooks, health services, and remedial
services to city, local, and exempted village school districts
shall be on the basis of the state board of education's estimated
annual average daily membership in nonpublic elementary and high
schools located in the district.
Payments made to city, local, and exempted village school
districts under this section shall be equal to specific
appropriations made for the purpose. All interest earned by a
school district on such payments shall be used by the district for
the same purposes and in the same manner as the payments may be
used.
The department of education shall adopt guidelines and
procedures under which such programs and services shall be
provided, under which districts shall be reimbursed for
administrative costs incurred in providing such programs and
services, and under which any unexpended balance of the amounts
appropriated by the general assembly to implement this section may
be transferred to the auxiliary services personnel unemployment
compensation fund established pursuant to section 4141.47 of the
Revised Code. The department shall also adopt guidelines and
procedures limiting the purchase and loan of the items described
in division (K) of this section to items that are in general use
in the public schools of the state, that are incapable of
diversion to religious use, and that are susceptible to individual
use rather than classroom use. Within thirty days after the end of
each biennium, each board of education shall remit to the
department all moneys paid to it under division (I)(E) of section
3317.024 of the Revised Code and any interest earned on those
moneys that are not required to pay expenses incurred under this
section during the biennium for which the money was appropriated
and during which the interest was earned. If a board of education
subsequently determines that the remittal of moneys leaves the
board with insufficient money to pay all valid expenses incurred
under this section during the biennium for which the remitted
money was appropriated, the board may apply to the department of
education for a refund of money, not to exceed the amount of the
insufficiency. If the department determines the expenses were
lawfully incurred and would have been lawful expenditures of the
refunded money, it shall certify its determination and the amount
of the refund to be made to the director of job and family
services who shall make a refund as provided in section 4141.47 of
the Revised Code.
Each school district shall label materials, equipment,
computer hardware or software, textbooks, and electronic textbooks
purchased or leased for loan to a nonpublic school under this
section, acknowledging that they were purchased or leased with
state funds under this section. However, a district need not label
materials, equipment, computer hardware or software, textbooks, or
electronic textbooks that the district determines are consumable
in nature or have a value of less than two hundred dollars.
Sec. 3317.061. The superintendent of each school district,
including each cooperative education and joint vocational school
district and the superintendent of each educational service
center, shall, on forms prescribed and furnished by the state
board of education, certify to the state board of education, on or
before the fifteenth day of October of each year, the name of each
licensed employee employed, on an annual salary, in each school
under such superintendent's supervision during the first full
school week of said month of October, the number of years of
recognized college training such licensed employee has completed,
the college degrees from a recognized college earned by such
licensed employee, the type of teaching license held by such
licensed employee, the number of months such licensed employee is
employed in the school district, the annual salary of such
licensed employee, and such other information as the state board
of education may request. For the purposes of Chapters 3306. and
Chapter 3317. of the Revised Code, a licensed employee is any
employee in a position that requires a license issued pursuant to
sections 3319.22 to 3319.31 of the Revised Code.
Pursuant to standards adopted by the state board of
education, experience of vocational teachers in trade and industry
shall be recognized by such board for the purpose of complying
with the requirements of recognized college training provided by
Chapters 3306. and Chapter 3317. of the Revised Code.
Sec. 3317.07. The state board of education shall establish
rules for the purpose of distributing subsidies for the purchase
of school buses under division (D) of section 3317.024 of the
Revised Code.
No school bus subsidy payments shall be paid to any district
unless such district can demonstrate that pupils residing more
than one mile from the school could not be transported without
such additional aid.
The amount paid to a county DD board for buses purchased for
transportation of children in special education programs operated
by the board shall be based on a per pupil allocation for eligible
students.
The amount paid to a school district for buses purchased for
transportation of pupils with disabilities and nonpublic school
pupils shall be determined by a per pupil allocation based on the
number of special education and nonpublic school pupils for whom
transportation is provided.
The state board of education shall adopt a formula to
determine the amount of payments that shall be distributed to
school districts to purchase school buses for pupils other than
pupils with disabilities or nonpublic school pupils.
If any district or county DD board obtains bus services for
pupil transportation pursuant to a contract, such district or
board may use payments received under this section to defray the
costs of contracting for bus services in lieu of for purchasing
buses.
If the department of education determines that a county DD
board no longer needs a school bus because the board no longer
transports children to a special education program operated by the
board, or if the department determines that a school district no
longer needs a school bus to transport pupils to a nonpublic
school or special education program, the department may reassign a
bus that was funded with payments provided pursuant to the version
of this section in effect prior to the effective date of this
amendment for the purpose of transporting such pupils. The
department may reassign a bus to a county DD board or school
district that transports children to a special education program
designated in the children's individualized education plans, or to
a school district that transports pupils to a nonpublic school,
and needs an additional school bus.
Sec. 3317.08. A board of education may admit to its schools
a child it is not required by section 3313.64 or 3313.65 of the
Revised Code to admit, if tuition is paid for the child.
Unless otherwise provided by law, tuition shall be computed
in accordance with this section. A district's tuition charge for a
school year shall be one of the following:
(A) For any child, except a preschool child with a disability
described in division (B) of this section, the quotient obtained
by dividing the sum of the amounts described in divisions (A)(1)
and (2) of this section by the district's formula ADM.
(1) The district's total taxes charged and payable for
current expenses for the tax year preceding the tax year in which
the school year begins as certified under division (A)(3) of
section 3317.021 of the Revised Code.
(2) The district's total taxes collected for current expenses
under a school district income tax adopted pursuant to section
5748.03 or 5748.08 of the Revised Code that are disbursed to the
district during the fiscal year, excluding any income tax receipts
allocated for the project cost, debt service, or maintenance
set-aside associated with a state-assisted classroom facilities
project as authorized by section 3318.052 of the Revised Code. On
or before the first day of June of each year, the tax commissioner
shall certify the amount to be used in the calculation under this
division for the next fiscal year to the department of education
and the office of budget and management for each city, local, and
exempted village school district that levies a school district
income tax.
(B) For any preschool child with a disability not included in
a unit approved under division (B) of section 3317.05 of the
Revised Code, an amount computed for the school year as follows:
(1) For each type of special education service provided to
the child for whom tuition is being calculated, determine the
amount of the district's operating expenses in providing that type
of service to all preschool children with disabilities not
included in units approved under division (B) of section 3317.05
of the Revised Code;
(2) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, determine the amount of such operating expenses that was
paid from any state funds received under this chapter;
(3) For each type of special education service for which
operating expenses are determined under division (B)(1) of this
section, divide the difference between the amount determined under
division (B)(1) of this section and the amount determined under
division (B)(2) of this section by the total number of preschool
children with disabilities not included in units approved under
division (B) of section 3317.05 of the Revised Code who received
that type of service;
(4) Determine the sum of the quotients obtained under
division (B)(3) of this section for all types of special education
services provided to the child for whom tuition is being
calculated.
The state board of education shall adopt rules defining the
types of special education services and specifying the operating
expenses to be used in the computation under this section.
If any child for whom a tuition charge is computed under this
section for any school year is enrolled in a district for only
part of that school year, the amount of the district's tuition
charge for the child for the school year shall be computed in
proportion to the number of school days the child is enrolled in
the district during the school year.
Except as otherwise provided in division (J) of section
3313.64 of the Revised Code, whenever a district admits a child to
its schools for whom tuition computed in accordance with this
section is an obligation of another school district, the amount of
the tuition shall be certified by the treasurer of the board of
education of the district of attendance, to the board of education
of the district required to pay tuition for its approval and
payment. If agreement as to the amount payable or the district
required to pay the tuition cannot be reached, or the board of
education of the district required to pay the tuition refuses to
pay that amount, the board of education of the district of
attendance shall notify the superintendent of public instruction.
The superintendent shall determine the correct amount and the
district required to pay the tuition and shall deduct that amount,
if any, under division (G)(D) of section 3317.023 of the Revised
Code, from the district required to pay the tuition and add that
amount to the amount allocated to the district attended under such
division. The superintendent of public instruction shall send to
the district required to pay the tuition an itemized statement
showing such deductions at the time of such deduction.
When a political subdivision owns and operates an airport,
welfare, or correctional institution or other project or facility
outside its corporate limits, the territory within which the
facility is located is exempt from taxation by the school district
within which such territory is located, and there are school age
children residing within such territory, the political subdivision
owning such tax exempt territory shall pay tuition to the district
in which such children attend school. The tuition for these
children shall be computed as provided for in this section.
Sec. 3317.081. (A) Tuition shall be computed in accordance
with this section if:
(1) The tuition is required by division (C)(3)(b) of section
3313.64 of the Revised Code; or
(2) Neither the child nor the child's parent resides in this
state and tuition is required by section 3327.06 of the Revised
Code.
(B) Tuition computed in accordance with this section shall
equal the attendance district's tuition rate computed under
section 3317.08 of the Revised Code plus the amount in state
education aid that district would have received for the child
pursuant to Chapter 3306. and sections 3317.023 and 3317.025 to
3317.0211 of the Revised Code during the school year had the
attendance district been authorized to count the child in its
formula ADM for that school year under section 3317.03 of the
Revised Code.
Sec. 3317.082. As used in this section, "institution" means
a residential facility that receives and cares for children
maintained by the department of youth services and that operates a
school chartered by the state board of education under section
3301.16 of the Revised Code.
(A) On or before the thirty-first day of each January and
July, the superintendent of each institution that during the
six-month period immediately preceding each January or July
provided an elementary or secondary education for any child, other
than a child receiving special education under section 3323.091 of
the Revised Code, shall prepare and submit to the department of
education, a statement for each such child indicating the child's
name, any school district responsible to pay tuition for the child
as determined by the superintendent in accordance with division
(C)(2) or (3) of section 3313.64 of the Revised Code, and the
period of time during that six-month period that the child
received an elementary or secondary education. If any school
district is responsible to pay tuition for any such child, the
department of education, no later than the immediately succeeding
last day of February or August, as applicable, shall calculate the
amount of the tuition of the district under section 3317.08 of the
Revised Code for the period of time indicated on the statement and
do one of the following:
(1) If the tuition amount is equal to or less than the amount
of state basic aid funds payable to the district under Chapter
3306. and section 3317.023 of the Revised Code district's state
education aid, pay to the institution submitting the statement an
amount equal to the tuition amount, as provided under division
(M)(G) of section 3317.024 of the Revised Code, and deduct the
tuition amount from the state basic aid funds payable to the
district, as provided under division (F)(C)(2) of section 3317.023
of the Revised Code;
(2) If the tuition amount is greater than the amount of state
basic aid funds payable to the district under Chapter 3306. and
section 3317.023 of the Revised Code district's state education
aid, require the district to pay to the institution submitting the
statement an amount equal to the tuition amount.
(B) In the case of any disagreement about the school district
responsible to pay tuition for a child pursuant to this section,
the superintendent of public instruction shall make the
determination in any such case in accordance with division (C)(2)
or (3) of section 3313.64 of the Revised Code.
Sec. 3317.09. All moneys distributed to a school district,
including any cooperative education or joint vocational school
district and all moneys distributed to any educational service
center, by the state whether from a state or federal source, shall
be accounted for by the division of school finance of the
department of education. All moneys distributed shall be coded as
to county, school district or educational service center, source,
and other pertinent information, and at the end of each month, a
report of such distribution shall be made by such division of
school finance to each school district and educational service
center. If any board of education fails to make the report
required in section 3319.33 of the Revised Code, the
superintendent of public instruction shall be without authority to
distribute funds to that school district or educational service
center pursuant to sections 3317.022 to 3317.0211, 3317.11,
3317.16, 3317.17, or 3317.19 of the Revised Code under this
chapter until such time as the required reports are filed with all
specified officers, boards, or agencies.
Sec. 3317.11. (A) As used in this section:
(1) "Client school district" means a city or exempted village
school district that has entered into an agreement under section
3313.843 of the Revised Code to receive any services from an
educational service center.
(2) "Service center ADM" means the sum of the total student
counts of all local school districts within an educational service
center's territory and all of the service center's client school
districts.
(3) "STEM school" means a science, technology, engineering,
and mathematics school established under Chapter 3326. of the
Revised Code.
(4) "Total student count" has the same meaning as in section
3301.011 of the Revised Code.
(B)(1) The governing board of each educational service center
shall provide supervisory services to each local school district
within the service center's territory. Each city or exempted
village school district that enters into an agreement under
section 3313.843 of the Revised Code for a governing board to
provide any services also is considered to be provided supervisory
services by the governing board. Except as provided in division
(B)(2) of this section, the supervisory services shall not exceed
one supervisory teacher for the first fifty classroom teachers
required to be employed in the districts, as calculated in the
manner prescribed under
former division (B) of section 3317.023
of the Revised Code, as that division existed prior to the
effective date of this amendment, and one for each additional one
hundred required classroom teachers, as so calculated.
The supervisory services shall be financed annually through
supervisory units. Except as provided in division (B)(2) of this
section, the number of supervisory units assigned to each district
shall not exceed one unit for the first fifty classroom teachers
required to be employed in the district, as calculated in the
manner prescribed under
former division (B) of section 3317.023
of the Revised Code, as that division existed prior to the
effective date of this amendment, and one for each additional one
hundred required classroom teachers, as so calculated. The cost of
each supervisory unit shall be the sum of:
(a) The minimum salary prescribed by section 3317.13 of the
Revised Code for the licensed supervisory employee of the
governing board;
(b) An amount equal to fifteen per cent of the that salary
prescribed by section 3317.13 of the Revised Code;
(c) An allowance for necessary travel expenses, limited to
the lesser of two hundred twenty-three dollars and sixteen cents
per month or two thousand six hundred seventy-eight dollars per
year.
(2) If a majority of the boards of education, or
superintendents acting on behalf of the boards, of the local and
client school districts receiving services from the educational
service center agree to receive additional supervisory services
and to pay the cost of a corresponding number of supervisory units
in excess of the services and units specified in division (B)(1)
of this section, the service center shall provide the additional
services as agreed to by the majority of districts to, and the
department of education shall apportion the cost of the
corresponding number of additional supervisory units pursuant to
division (B)(3) of this section among, all of the service center's
local and client school districts.
(3) The department shall apportion the total cost for all
supervisory units among the service center's local and client
school districts based on each district's total student count. The
department shall deduct each district's apportioned share pursuant
to division (E)(B) of section 3317.023 of the Revised Code and pay
the apportioned share to the service center.
(C) The department annually shall deduct from each local and
client school district of each educational service center,
pursuant to division (E)(B) of section 3317.023 of the Revised
Code, and pay to the service center an amount equal to six dollars
and fifty cents times the school district's total student count.
The board of education, or the superintendent acting on behalf of
the board, of any local or client school district may agree to pay
an amount in excess of six dollars and fifty cents per student in
total student count. If a majority of the boards of education, or
superintendents acting on behalf of the boards, of the local
school districts within a service center's territory approve an
amount in excess of six dollars and fifty cents per student in
total student count, the department shall deduct the approved
excess per student amount from all of the local school districts
within the service center's territory and pay the excess amount to
the service center.
(D) The department shall pay each educational service center
the amounts due to it from school districts pursuant to contracts,
compacts, or agreements under which the service center furnishes
services to the districts or their students. In order to receive
payment under this division, an educational service center shall
furnish either a copy of the contract, compact, or agreement
clearly indicating the amounts of the payments, or a written
statement that clearly indicates the payments owed and is signed
by the superintendent or treasurer of the responsible school
district. The amounts paid to service centers under this division
shall be deducted from payments to school districts pursuant to
division (K)(H)(3) of section 3317.023 of the Revised Code.
(E) Each school district's deduction under this section and
divisions (E)(B) and (K)(H)(3) of section 3317.023 of the Revised
Code shall be made from the total payment computed for the
district under this chapter, after making any other adjustments in
that payment required by law.
(F)(1) Except as provided in division (F)(2) of this section,
the department annually shall pay the governing board of each
educational service center state funds equal to thirty-seven
dollars times its service center ADM.
(2) The department annually shall pay state funds equal to
forty dollars and fifty-two cents times the service center ADM to
each educational service center comprising territory that was
included in the territory of at least three former service centers
or county school districts, which former centers or districts
engaged in one or more mergers under section 3311.053 of the
Revised Code to form the present center.
(G) Each city, exempted village, local, joint vocational, or
cooperative education school district shall pay to the governing
board of an educational service center any amounts agreed to for
each child enrolled in the district who receives special education
and related services or career-technical education from the
educational service center, unless these educational services are
provided pursuant to a contract, compact, or agreement for which
the department deducts and transfers payments under division (D)
of this section and division (K)(H)(3) of section 3317.023 of the
Revised Code.
(H) The department annually shall pay the governing board of
each educational service center that has entered into a contract
with a STEM school for the provision of services described in
division (B) of section 3326.45 of the Revised Code state funds
equal to the per-pupil amount specified in the contract for the
provision of those services times the number of students enrolled
in the STEM school.
(I) An educational service center:
(1) May provide special education and career-technical
education to students in its local or client school districts;
(2) Is eligible for transportation funding under division
(G)(C) of section 3317.024 of the Revised Code and for state
subsidies for the purchase of school buses under section 3317.07
of the Revised Code;
(3) May apply for and receive gifted education units and
provide gifted education services to students in its local or
client school districts;
(4) May conduct driver education for high school students in
accordance with Chapter 4508. of the Revised Code.
Sec. 3317.12. Any board of education participating in funds
distributed under Chapters 3306. and Chapter 3317. of the Revised
Code shall annually adopt a salary schedule for nonteaching school
employees based upon training, experience, and qualifications with
initial salaries no less than the salaries in effect on October
13, 1967. Each board of education shall prepare and may amend from
time to time, specifications descriptive of duties,
responsibilities, requirements, and desirable qualifications of
the classifications of employees required to perform the duties
specified in the salary schedule. All nonteaching school employees
are to be notified of the position classification to which they
are assigned and the salary for the classification. The
compensation of all employees working for a particular school
board shall be uniform for like positions except as compensation
would be affected by salary increments based upon length of
service.
On the fifteenth day of October each year the salary schedule
and the list of job classifications and salaries in effect on that
date shall be filed by each board of education with the
superintendent of public instruction. If such salary schedule and
classification plan is not filed the superintendent of public
instruction shall order the board to file such schedules
forthwith. If this condition is not corrected within ten days
after receipt of the order from the superintendent of public
instruction, no money shall be distributed to the district under
Chapters 3306. and Chapter 3317. of the Revised Code until the
superintendent has satisfactory evidence of the board of
education's full compliance with such order.
Sec. 3317.13. (A) This section shall not apply after the
2012-2013 school year.
(A) As used in this section and section 3317.14 of the
Revised Code:
(1) "Years of service" includes the following:
(a) All years of teaching service in the same school district
or educational service center, regardless of training level, with
each year consisting of at least one hundred twenty days under a
teacher's contract;
(b) All years of teaching service in a chartered, nonpublic
school located in Ohio as a teacher licensed pursuant to section
3319.22 of the Revised Code or in another public school,
regardless of training level, with each year consisting of at
least one hundred twenty days under a teacher's contract;
(c) All years of teaching service in a chartered school or
institution or a school or institution that subsequently became
chartered or a chartered special education program or a special
education program that subsequently became chartered operated by
the state or by a subdivision or other local governmental unit of
this state as a teacher licensed pursuant to section 3319.22 of
the Revised Code, regardless of training level, with each year
consisting of at least one hundred twenty days; and
(d) All years of active military service in the armed forces
of the United States, as defined in section 3307.75 of the Revised
Code, to a maximum of five years. For purposes of this
calculation, a partial year of active military service of eight
continuous months or more in the armed forces shall be counted as
a full year.
(2) "Teacher" means all teachers employed by the board of
education of any school district, including any cooperative
education or joint vocational school district and all teachers
employed by any educational service center governing board.
(B) No teacher shall be paid a salary less than that provided
in the schedule set forth in division (C) of this section. In
calculating the minimum salary any teacher shall be paid pursuant
to this section, years of service shall include the sum of all
years of the teacher's teaching service included in divisions
(A)(1)(a), (b), (c), and (d) of this section; except that any
school district or educational service center employing a teacher
new to the district or educational service center shall grant such
teacher a total of not more than ten years of service pursuant to
divisions (A)(1)(b), (c), and (d) of this section.
Upon written complaint to the superintendent of public
instruction that the board of education of a district or the
governing board of an educational service center governing board
has failed or refused to annually adopt a salary schedule or to
pay salaries in accordance with the salary schedule set forth in
division (C) of this section, the superintendent of public
instruction shall cause to be made an immediate investigation of
such complaint. If the superintendent finds that the conditions
complained of exist, the superintendent shall order the board to
correct such conditions within ten days from the date of the
finding. No moneys shall be distributed to the district or
educational service center under this chapter until the
superintendent has satisfactory evidence of the board of
education's full compliance with such order.
Each teacher shall be fully credited with placement in the
appropriate academic training level column in the district's or
educational service center's salary schedule with years of service
properly credited pursuant to this section or section 3317.14 of
the Revised Code. No rule shall be adopted or exercised by any
board of education or educational service center governing board
which restricts the placement or the crediting of annual salary
increments for any teacher according to the appropriate academic
training level column.
(C) Minimum salaries exclusive of retirement and sick leave
for teachers shall be as follows:
|
|
Teachers |
|
|
|
Teachers with |
|
Teachers |
|
|
Years |
|
with Less |
|
Teachers with |
|
Five Years of |
|
with |
|
|
of |
|
than |
|
a Bachelor's |
|
Training, but |
|
a Master's |
|
|
Service |
|
Bachelor's |
|
Degree |
|
no Master's |
|
Degree or |
|
|
|
|
Degree |
|
|
|
Degree |
|
Higher |
|
|
|
Per
|
|
Dollar |
|
Per
|
|
Dollar |
|
Per
|
|
Dollar |
|
Per
|
|
Dollar |
|
|
|
|
Cent* |
|
Amount |
|
Cent* |
|
Amount |
|
Cent* |
|
Amount |
|
Cent* |
|
Amount |
|
|
|
0 |
86.5 |
|
$17,300 |
|
100.0 |
|
$20,000 |
|
103.8 |
|
$20,760 |
|
109.5 |
|
$21,900 |
|
|
|
1 |
90.0 |
|
18,000 |
|
103.8 |
|
20,760 |
|
108.1 |
|
21,620 |
|
114.3 |
|
22,860 |
|
|
|
2 |
93.5 |
|
18,700 |
|
107.6 |
|
21,520 |
|
112.4 |
|
22,480 |
|
119.1 |
|
23,820 |
|
|
|
3 |
97.0 |
|
19,400 |
|
111.4 |
|
22,280 |
|
116.7 |
|
23,340 |
|
123.9 |
|
24,780 |
|
|
|
4 |
100.5 |
|
20,100 |
|
115.2 |
|
23,040 |
|
121.0 |
|
24,200 |
|
128.7 |
|
25,740 |
|
|
|
5 |
104.0 |
|
20,800 |
|
119.0 |
|
23,800 |
|
125.3 |
|
25,060 |
|
133.5 |
|
26,700 |
|
|
|
6 |
104.0 |
|
20,800 |
|
122.8 |
|
24,560 |
|
129.6 |
|
25,920 |
|
138.3 |
|
27,660 |
|
|
|
7 |
104.0 |
|
20,800 |
|
126.6 |
|
25,320 |
|
133.9 |
|
26,780 |
|
143.1 |
|
28,620 |
|
|
|
8 |
104.0 |
|
20,800 |
|
130.4 |
|
26,080 |
|
138.2 |
|
27,640 |
|
147.9 |
|
29,580 |
|
|
|
9 |
104.0 |
|
20,800 |
|
134.2 |
|
26,840 |
|
142.5 |
|
28,500 |
|
152.7 |
|
30,540 |
|
|
|
10 |
104.0 |
|
20,800 |
|
138.0 |
|
27,600 |
|
146.8 |
|
29,360 |
|
157.5 |
|
31,500 |
|
|
|
11 |
104.0 |
|
20,800 |
|
141.8 |
|
28,360 |
|
151.1 |
|
30,220 |
|
162.3 |
|
32,460 |
|
|
|
* Percentages represent the percentage which each salary is
of the base amount.
For purposes of determining the minimum salary at any level
of training and service, the base of one hundred per cent shall be
the base amount. The percentages used in this section show the
relationships between the minimum salaries required by this
section and the base amount and shall not be construed as
requiring any school district or educational service center to
adopt a schedule containing salaries in excess of the amounts set
forth in this section for corresponding levels of training and
experience.
As used in this division:
(1) "Base amount" means twenty thousand dollars.
(2) "Five years of training" means at least one hundred fifty
semester hours, or the equivalent, and a bachelor's degree from a
recognized college or university.
(D) For purposes of this section, all credited training shall
be from a recognized college or university.
Sec. 3317.14. Any This section shall not apply after the
2012-2013 school year.
Any school district board of education or educational service
center governing board participating in funds distributed under
Chapter 3317. of the Revised Code shall annually adopt a teachers'
salary schedule with provision for increments based upon training
and years of service. Notwithstanding sections 3317.13 and
3319.088 of the Revised Code, the board may establish its own
service requirements and may grant service credit for such
activities as teaching in public or nonpublic schools in this
state or in another state, for service as an educational assistant
other than as a classroom aide employed in accordance with section
5107.541 of the Revised Code, and for service in the military or
in an appropriate state or federal governmental agency, provided
no teacher receives less than the amount required to be paid
pursuant to section 3317.13 of the Revised Code and provided full
credit for a minimum of five years of actual teaching and military
experience as defined in division (A) of section 3317.13 of the
Revised Code is given to each teacher.
On the fifteenth day of October of each year the salary
schedule in effect on that date in each school district and each
educational service center shall be filed with the superintendent
of public instruction. A copy of such schedule shall also annually
be filed by the board of education of each local school district
with the educational service center superintendent, who thereupon
shall certify to the treasurer of such local district the correct
salary to be paid to each teacher in accordance with the adopted
schedule.
Each teacher who has completed training which would qualify
such teacher for a higher salary bracket pursuant to this section
shall file by the fifteenth day of September with the treasurer of
the board of education or educational service center satisfactory
evidence of the completion of such additional training. The
treasurer shall then immediately place the teacher, pursuant to
this section and section 3317.13 of the Revised Code, in the
proper salary bracket in accordance with training and years of
service before certifying such salary, training, and years of
service to the superintendent of public instruction. No teacher
shall be paid less than the salary to which such teacher is
entitled pursuant to section 3317.13 of the Revised Code.
Sec. 3317.141. (A) Beginning with the school year that
begins July 1, 2013, the board of education of each city, exempted
village, local, or joint vocational school district and the
governing board of each educational service center annually shall
adopt a salary schedule for teachers based upon performance as
described in division (B) of this section.
(B) For purposes of the schedule, a board shall measure a
teacher's performance by considering all of the following:
(1) The level of license issued under section 3319.22 of the
Revised Code that the teacher holds;
(2) Whether the teacher is a highly qualified teacher, as
defined in section 3319.074 of the Revised Code;
(3) The ratings received by the teacher on performance
evaluations conducted under section 3319.111 of the Revised Code.
(C) The schedule shall provide for annual adjustments based
on performance on the evaluations conducted under section 3319.111
of the Revised Code. The annual performance-based adjustment for a
teacher rated as highly effective shall be greater than the annual
performance-based adjustment for a teacher rated as effective. The
annual performance-based adjustment for a teacher rated as
effective shall be at least fifty per cent but not more than
seventy-five per cent of the annual performance-based adjustment
for a teacher rated as highly effective.
(D) The salary schedule adopted under this section may
provide for additional compensation for teachers who agree to
perform duties, not contracted for under a supplemental contract,
that the employing board determines warrant additional
compensation. Those duties may include, but are not limited to,
assignment to a school building eligible for funding under Title I
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6301 et seq.; assignment to a building in "school improvement"
status under the "No Child Left Behind Act of 2001," as defined in
section 3302.01 of the Revised Code; teaching in a grade level or
subject area in which the board has determined there is a shortage
within the district or service center; or assignment to a
hard-to-staff school, as determined by the board.
Sec. 3317.16. (A) As used in this section:
(1) The "total special education weight" for a joint
vocational school district shall be calculated in the same manner
as prescribed in section 3317.022 of the Revised Code.
(2) The "total vocational education weight" for a joint
vocational school district shall be calculated in the same manner
as prescribed in section 3317.022 of the Revised Code.
(3) The "total recognized valuation" of a joint vocational
school district shall be determined by adding the recognized
valuations of all its constituent school districts that were
subject to the joint vocational school district's tax levies for
both the current and preceding tax years.
(4) "Resident district" means the city, local, or exempted
village school district in which a student is entitled to attend
school under section 3313.64 or 3313.65 of the Revised Code.
(5) "Community school" means a community school established
under Chapter 3314. of the Revised Code.
(B) The department of education shall compute and distribute
state base cost funding to each joint vocational school district
for the fiscal year in accordance with the following formula:
(formula amount X formula ADM) -
(.0005 X total recognized valuation)
If the difference obtained under this division is a negative
number, the district's computation shall be zero.
(C)(1) The department shall compute and distribute state
vocational education additional weighted costs funds to each joint
vocational school district in accordance with the following
formula:
state share percentage X formula amount X
total vocational education weight
In each fiscal year, a joint vocational school district
receiving funds under division (C)(1) of this section shall spend
those funds only for the purposes the department designates as
approved for vocational education expenses. Vocational educational
expenses approved by the department shall include only expenses
connected to the delivery of career-technical programming to
career-technical students. The department shall require the joint
vocational school district to report data annually so that the
department may monitor the district's compliance with the
requirements regarding the manner in which funding received under
division (C)(1) of this section may be spent.
(2) The department shall compute for each joint vocational
school district state funds for vocational education associated
services costs in accordance with the following formula:
state share percentage X .05 X
the formula amount X the sum of
categories one and two vocational
education ADM
In any fiscal year, a joint vocational school district
receiving funds under division (C)(2) of this section, or through
a transfer of funds pursuant to division (L)(I) of section
3317.023 of the Revised Code, shall spend those funds only for the
purposes that the department designates as approved for vocational
education associated services expenses, which may include such
purposes as apprenticeship coordinators, coordinators for other
vocational education services, vocational evaluation, and other
purposes designated by the department. The department may deny
payment under division (C)(2) of this section to any district that
the department determines is not operating those services or is
using funds paid under division (C)(2) of this section, or through
a transfer of funds pursuant to division (L)(I) of section
3317.023 of the Revised Code, for other purposes.
(D)(1) The department shall compute and distribute state
special education and related services additional weighted costs
funds to each joint vocational school district in accordance with
the following formula:
state share percentage X formula amount X
total special education weight
(2)(a) As used in this division, the "personnel allowance"
means thirty thousand dollars in fiscal years 2008 and 2009.
(b) For the provision of speech language pathology services
to students, including students who do not have individualized
education programs prepared for them under Chapter 3323. of the
Revised Code, and for no other purpose, the department shall pay
each joint vocational school district an amount calculated under
the following formula:
(formula ADM divided by 2000) X the personnel
allowance X state share percentage
(3) In any fiscal year, a joint vocational school district
shall spend for purposes that the department designates as
approved for special education and related services expenses at
least the amount calculated as follows:
(formula amount X
the sum of categories one through
six special education ADM) +
(total special education weight X
formula amount)
The purposes approved by the department for special education
expenses shall include, but shall not be limited to, compliance
with state rules governing the education of children with
disabilities, providing services identified in a student's
individualized education program as defined in section 3323.01 of
the Revised Code, provision of speech language pathology services,
and the portion of the district's overall administrative and
overhead costs that are attributable to the district's special
education student population.
The department shall require joint vocational school
districts to report data annually to allow for monitoring
compliance with division (D)(3) of this section. The department
shall annually report to the governor and the general assembly the
amount of money spent by each joint vocational school district for
special education and related services.
(4) In any fiscal year, a joint vocational school district
shall spend for the provision of speech language pathology
services not less than the sum of the amount calculated under
division (D)(1) of this section for the students in the district's
category one special education ADM and the amount calculated under
division (D)(2) of this section.
(E)(1) If a joint vocational school district's costs for a
fiscal year for a student in its categories two through six
special education ADM exceed the threshold catastrophic cost for
serving the student, as specified in division (C)(3)(b) of section
3317.022 of the Revised Code, the district may submit to the
superintendent of public instruction documentation, as prescribed
by the superintendent, of all of its costs for that student. Upon
submission of documentation for a student of the type and in the
manner prescribed, the department shall pay to the district an
amount equal to the sum of the following:
(a) One-half of the district's costs for the student in
excess of the threshold catastrophic cost;
(b) The product of one-half of the district's costs for the
student in excess of the threshold catastrophic cost multiplied by
the district's state share percentage.
(2) The district shall only report under division (E)(1) of
this section, and the department shall only pay for, the costs of
educational expenses and the related services provided to the
student in accordance with the student's individualized education
program. Any legal fees, court costs, or other costs associated
with any cause of action relating to the student may not be
included in the amount.
(F) Each fiscal year, the department shall pay each joint
vocational school district an amount for adult technical and
vocational education and specialized consultants.
(G)(1) A joint vocational school district's local share of
special education and related services additional weighted costs
equals:
(1 - state share percentage) X
Total special education weight X
the formula amount $5,732
(2) For each student with a disability receiving special
education and related services under an individualized education
program, as defined in section 3323.01 of the Revised Code, at a
joint vocational district, the resident district or, if the
student is enrolled in a community school, the community school
shall be responsible for the amount of any costs of providing
those special education and related services to that student that
exceed the sum of the amount calculated for those services
attributable to that student under divisions (B), (D), (E), and
(G)(1) of this section.
Those excess costs shall be calculated by subtracting the sum
of the following from the actual cost to provide special education
and related services to the student:
(b) The product of the formula amount $5,732 times the
applicable multiple specified in section 3306.11 3317.013 of the
Revised Code as that section existed prior to the effective date
of this amendment;
(c) Any funds paid under division (E) of this section for the
student;
(d) Any other funds received by the joint vocational school
district under this chapter to provide special education and
related services to the student, not including the amount
calculated under division (G)(2) of this section.
(3) The board of education of the joint vocational school
district may report the excess costs calculated under division
(G)(2) of this section to the department of education.
(4) If the board of education of the joint vocational school
district reports excess costs under division (G)(3) of this
section, the department shall pay the amount of excess cost
calculated under division (G)(2) of this section to the joint
vocational school district and shall deduct that amount as
provided in division (G)(4)(a) or (b) of this section, as
applicable:
(a) If the student is not enrolled in a community school, the
department shall deduct the amount from the account of the
student's resident district pursuant to division (M)(J) of section
3317.023 of the Revised Code.
(b) If the student is enrolled in a community school, the
department shall deduct the amount from the account of the
community school pursuant to section 3314.083 of the Revised Code.
Sec. 3317.18. (A) As used in this section, the terms
"Chapter 133. securities," "credit enhancement facilities," "debt
charges," "general obligation," "legislation," "public
obligations," and "securities" have the same meanings as in
section 133.01 of the Revised Code.
(B) The board of education of any school district authorizing
the issuance of securities under section 133.10, 133.301, or
3313.372 of the Revised Code or general obligation Chapter 133.
securities may adopt legislation requesting the state department
of education to approve, and enter into an agreement with the
school district and the primary paying agent or fiscal agent for
such securities providing for, the withholding and deposit of
funds, otherwise due the district under Chapters 3306. and Chapter
3317. of the Revised Code, for the payment of debt service charges
on such securities.
The board of education shall deliver to the state department
a copy of such resolution and any additional pertinent information
the state department may require.
The department of education and the office of budget and
management shall evaluate each request received from a school
district under this section and the department, with the advice
and consent of the director of budget and management, shall
approve or deny each request based on all of the following:
(1) Whether approval of the request will enhance the
marketability of the securities for which the request is made;
(2) Any other pertinent factors or limitations established in
rules made under division (I) of this section, including:
(a) Current and projected obligations of funds due to the
requesting school district under Chapters 3306. and Chapter 3317.
of the Revised Code including obligations of those funds to public
obligations or relevant credit enhancement facilities under this
section, Chapter 133. and section 3313.483 of the Revised Code,
and under any other similar provisions of law;
(b) Whether the department of education or the office of
budget and management has any reason to believe the requesting
school district will be unable to pay when due the debt charges on
the securities for which the request is made.
The department may require a school district to establish
schedules for the payment of all debt charges that take into
account the amount and timing of anticipated distributions of
funds to the district under Chapter 3317. of the Revised Code.
(C) If the department approves the request of a school
district to withhold and deposit funds pursuant to this section,
the department shall enter into a written agreement with the
district and the primary paying agent or fiscal agent for the
securities which shall provide for the withholding of funds
pursuant to this section for the payment of debt charges on those
securities, and may include both of the following:
(1) Provisions for certification by the district to the
department, at a time prior to any date for the payment of
applicable debt charges, whether the district is able to pay those
debt charges when due;
(2) Requirements that the district deposit amounts for the
payment of debt charges on the securities with the primary paying
agent or fiscal agent for the securities prior to the date on
which those debt charge payments are due to the owners or holders
of the securities.
(D) Whenever a district notifies the department of education
that it will be unable to pay debt charges when they are due,
subject to the withholding provisions of this section, or whenever
the applicable paying agent or fiscal agent notifies the
department that it has not timely received from a school district
the full amount needed for the payment when due of those debt
charges to the holders or owners of such securities, the
department shall immediately contact the school district and the
paying agent or fiscal agent to confirm or determine whether the
district is unable to make the required payment by the date on
which it is due.
Upon demand of the treasurer of state while holding a school
district obligation purchased under division (G)(1) of section
135.143 of the Revised Code, the state department of education,
without a request of the school district, shall withhold and
deposit funds pursuant to this section for payment of debt service
charges on that obligation.
If the department confirms or determines that the district
will be unable to make such payment and payment will not be made
pursuant to a credit enhancement facility, the department shall
promptly pay to the applicable primary paying agent or fiscal
agent the lesser of the amount due for debt charges or the amount
due the district for the remainder of the fiscal year under
Chapter 3317. of the Revised Code. If this amount is insufficient
to pay the total amount then due the agent for the payment of debt
charges, the department shall pay to the agent each fiscal year
thereafter, and until the full amount due the agent for unpaid
debt charges is paid in full, the lesser of the remaining amount
due the agent for debt charges or the amount due the district for
the fiscal year under Chapter 3317. of the Revised Code.
(E) The state department may make any payments under this
division by direct deposit of funds by electronic transfer.
Any amount received by a paying agent or fiscal agent under
this section shall be applied only to the payment of debt charges
on the securities of the school district subject to this section
or to the reimbursement to the provider of a credit enhancement
facility that has paid such debt charges.
(F) To the extent a school district whose securities are
subject to this section is unable to pay applicable debt charges
because of the failure to collect property taxes levied for the
payment of those debt charges, the district may transfer to or
deposit into any fund that would have received payments under
3306. or Chapter 3317. of the Revised Code that were withheld
under this section any such delinquent property taxes when later
collected, provided that transfer or deposit shall be limited to
the amounts withheld from that fund under this section.
(G) The department may make payments under this section to
paying agents or fiscal agents only from and to the extent that
money is appropriated by the general assembly for Chapter 3317. of
the Revised Code or for the purposes of this section. No
securities of a school district to which this section is made
applicable constitute an obligation or a debt or a pledge of the
faith, credit, or taxing power of the state, and the holders or
owners of such securities have no right to have taxes levied or
appropriations made by the general assembly for the payment of
debt charges on those securities, and those securities, if the
department requires, shall contain a statement to that effect. The
agreement for or the actual withholding and payment of moneys
under this section does not constitute the assumption by the state
of any debt of a school district.
(H) In the case of securities subject to the withholding
provisions of this section, the issuing board of education shall
appoint a paying agent or fiscal agent who is not an officer or
employee of the school district.
(I) The department of education, with the advice of the
office of budget and management, may adopt reasonable rules not
inconsistent with this section for the implementation of this
section and division (B) of section 133.25 of the Revised Code as
it relates to the withholding and depositing of payments under
Chapters 3306. and Chapter 3317. of the Revised Code to secure
payment of debt charges on school district securities. Those rules
shall include criteria for the evaluation and approval or denial
of school district requests for withholding under this section and
limits on the obligation for the purpose of paying debt charges or
reimbursing credit enhancement facilities of funds otherwise to be
paid to school districts under Chapter 3317. of the Revised Code.
(J) The authority granted by this section is in addition to
and not a limitation on any other authorizations granted by or
pursuant to law for the same or similar purposes.
Sec. 3317.19. (A) As used in this section, "total unit
allowance" means an amount equal to the sum of the following:
(1) The total of the salary allowances for the teachers
employed in the cooperative education school district for all
units approved under division (B) or (C) of section 3317.05 of the
Revised Code. The salary allowance for each unit shall equal the
minimum salary for the teacher of the unit calculated on the basis
of the teacher's training level and years of experience pursuant
to the salary schedule prescribed in the version of section
3317.13 of the Revised Code in effect prior to July 1, 2001.
(2) Fifteen per cent of the total computed under division
(A)(1) of this section;
(3) The total of the unit operating allowances for all
approved units. The amount of each allowance shall equal one of
the following:
(a) Eight thousand twenty-three dollars times the number of
units for preschool children with disabilities or fraction thereof
approved for the year under division (B) of section 3317.05 of the
Revised Code;
(b) Two thousand one hundred thirty-two dollars times the
number of units or fraction thereof approved for the year under
division (C) of section 3317.05 of the Revised Code.
(B) The state board of education shall compute and distribute
to each cooperative education school district for each fiscal year
an amount equal to the sum of the following:
(1) An amount equal to the total of the amounts credited to
the cooperative education school district pursuant to division
(K)(H) of section 3317.023 of the Revised Code;
(2) The total unit allowance;
(3) An amount for assisting in providing free lunches to
needy children and an amount for assisting needy school districts
in purchasing necessary equipment for food preparation pursuant to
division (H)(D) of section 3317.024 of the Revised Code.
(C) If a cooperative education school district has had
additional special education units approved for the year under
division (F)(2) of section 3317.03 of the Revised Code, the
district shall receive an additional amount during the last half
of the fiscal year. For each unit, the additional amount shall
equal fifty per cent of the amount computed under division (A) of
this section for a unit approved under division (B) of section
3317.05 of the Revised Code.
Sec. 3317.20. This section does not apply to preschool
children with disabilities.
(A) As used in this section:
(1) "Applicable weight" means the multiple specified in
section 3306.11 3317.013 of the Revised Code for a disability
described in that section.
(2) "Child's school district" means the school district in
which a child is entitled to attend school pursuant to section
3313.64 or 3313.65 of the Revised Code.
(3) "State share percentage" means the state share percentage
of the child's school district.
(B) Except as provided in division (C) of this section, the
department shall annually pay each county DD board for each child
with a disability, other than a preschool child with a disability,
for whom the county DD board provides special education and
related services an amount equal to the formula amount + (state
share percentage X formula amount X the applicable weight).
(C) If any school district places with a county DD board more
children with disabilities than it had placed with a county DD
board in fiscal year 1998, the department shall not make a payment
under division (B) of this section for the number of children
exceeding the number placed in fiscal year 1998. The department
instead shall deduct from the district's payments under this
chapter and Chapter 3306. of the Revised Code, and pay to the
county DD board, an amount calculated in accordance with the
formula prescribed in division (B) of this section for each child
over the number of children placed in fiscal year 1998.
(D) The department shall calculate for each county DD board
receiving payments under divisions (B) and (C) of this section the
following amounts:
(1) The amount received by the county DD board for approved
special education and related services units, other than units for
preschool children with disabilities, in fiscal year 1998, divided
by the total number of children served in the units that year;
(2) The product of the quotient calculated under division
(D)(1) of this section times the number of children for whom
payments are made under divisions (B) and (C) of this section.
If the amount calculated under division (D)(2) of this
section is greater than the total amount calculated under
divisions (B) and (C) of this section, the department shall pay
the county DD board one hundred per cent of the difference in
addition to the payments under divisions (B) and (C) of this
section.
(E) Each county DD board shall report to the department, in
the manner specified by the department, the name of each child for
whom the county DD board provides special education and related
services and the child's school district.
(F)(1) For the purpose of verifying the accuracy of the
payments under this section, the department may request from
either of the following entities the data verification code
assigned under division (D)(2) of section 3301.0714 of the Revised
Code to any child who is placed with a county DD board:
(a) The child's school district;
(b) The independent contractor engaged to create and maintain
data verification codes.
(2) Upon a request by the department under division (F)(1) of
this section for the data verification code of a child, the
child's school district shall submit that code to the department
in the manner specified by the department. If the child has not
been assigned a code, the district shall assign a code to that
child and submit the code to the department by a date specified by
the department. If the district does not assign a code to the
child by the specified date, the department shall assign a code to
the child.
The department annually shall submit to each school district
the name and data verification code of each child residing in the
district for whom the department has assigned a code under this
division.
(3) The department shall not release any data verification
code that it receives under division (F) of this section to any
person except as provided by law.
(G) Any document relative to special education and related
services provided by a county DD board that the department holds
in its files that contains both a student's name or other
personally identifiable information and the student's data
verification code shall not be a public record under section
149.43 of the Revised Code.
Sec. 3317.201. This section does not apply to preschool
children with disabilities.
(A) As used in this section, the "total special education
weight" for an institution means the sum of the following amounts:
(1) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division
(D)(1)(A) of section 3306.02 3317.013 of the Revised Code
multiplied by the multiple specified in that division;
(2) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division
(D)(2)(B) of section 3306.02 3317.013 of the Revised Code
multiplied by the multiple specified in that division;
(3) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division
(D)(3)(C) of section 3306.02 3317.013 of the Revised Code
multiplied by the multiple specified in that division;
(4) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division (D)(4)
of section 3306.02 3317.013 of the Revised Code multiplied by the
multiple specified in that division;
(5) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division
(D)(5)(E) of section 3306.02 3317.013 of the Revised Code
multiplied by the multiple specified in that division;
(6) The number of children reported by the institution under
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as
receiving services for a disability described in division
(D)(6)(F) of section 3306.02 3317.013 of the Revised Code
multiplied by the multiple specified in that division.
(B) For each fiscal year, the department of education shall
pay each state institution required to provide special education
services under division (A) of section 3323.091 of the Revised
Code an amount equal to the greater of:
(1) The formula amount times the institution's total special
education weight;
(2) The aggregate amount of special education and related
services unit funding the institution received for all children
with disabilities other than preschool children with disabilities
in fiscal year 2005 under sections 3317.052 and 3317.053 of the
Revised Code, as those sections existed prior to June 30, 2005.
Sec. 3318.032. (A) Except as otherwise provided in divisions
(C) and (D) of this section, the portion of the basic project cost
supplied by the school district shall be the greater of:
(1) The required percentage of the basic project costs;
(2)(a) For all districts except a district that opts to
divide its entire classroom facilities needs into segments to be
completed separately as authorized by section 3318.034 of the
Revised Code, an amount necessary to raise the school district's
net bonded indebtedness, as of the date the controlling board
approved the project, to within five thousand dollars of the
required level of indebtedness;
(b) For a district that opts to divide its entire classroom
facilities needs into segments to be completed separately as
authorized by section 3318.034 of the Revised Code, an amount
necessary to raise the school district's net bonded indebtedness,
as of the date the controlling board approved the project, to
within five thousand dollars of the following:
The required level of indebtedness X (the basic
project cost of the segment as approved
by the controlling board / the estimated basic
project cost of the district's entire classroom facilities
needs as determined jointly by the staff of the Ohio
school facilities commission and the district)
(B) The amount of the district's share determined under this
section shall be calculated only as of the date the controlling
board approved the project, and that amount applies throughout the
one-year thirteen-month period permitted under section 3318.05 of
the Revised Code for the district's electors to approve the
propositions described in that section. If the amount reserved and
encumbered for a project is released because the electors do not
approve those propositions within that year period, and the school
district later receives the controlling board's approval for the
project, subject to a new project scope and estimated costs under
section 3318.054 of the Revised Code, the district's portion shall
be recalculated in accordance with this section as of the date of
the controlling board's subsequent approval.
(C) At no time shall a school district's portion of the basic
project cost be greater than ninety-five per cent of the total
basic project cost.
(D) If the controlling board approves a project under
sections 3318.01 to 3318.20 of the Revised Code for a school
district that previously received assistance under those sections
or section 3318.37 of the Revised Code within the twenty-year
period prior to the date on which the controlling board approves
the new project, the district's portion of the basic project cost
for the new project shall be the lesser of the following:
(1) The portion calculated under division (A) of this
section;
(2) The greater of the following:
(a) The required percentage of the basic project costs for
the new project;
(b) The percentage of the basic project cost paid by the
district for the previous project.
Sec. 3318.05. The conditional approval of the Ohio school
facilities commission for a project shall lapse and the amount
reserved and encumbered for such project shall be released unless
the school district board accepts such conditional approval within
one hundred twenty days following the date of certification of the
conditional approval to the school district board and the electors
of the school district vote favorably on both of the propositions
described in divisions (A) and (B) of this section within one year
thirteen months of the date of such certification, except that a
school district described in division (C) of this section does not
need to submit the proposition described in division (B) of this
section. The propositions described in divisions (A) and (B) of
this section shall be combined in a single proposal. If the
district board or the district's electors fail to meet such
requirements and the amount reserved and encumbered for the
district's project is released, the district shall be given first
priority for project funding as such funds become available,
subject to section 3318.054 of the Revised Code.
(A) On the question of issuing bonds of the school district
board, for the school district's portion of the basic project
cost, in an amount equal to the school district's portion of the
basic project cost less the amount of the proceeds of any
securities authorized or to be authorized under division (J) of
section 133.06 of the Revised Code and dedicated by the school
district board to payment of the district's portion of the basic
project cost; and
(B) On the question of levying a tax the proceeds of which
shall be used to pay the cost of maintaining the classroom
facilities included in the project. Such tax shall be at the rate
of not less than one-half mill for each dollar of valuation for a
period of twenty-three years, subject to any extension approved
under section 3318.061 of the Revised Code.
(C) If a school district has in place a tax levied under
section 5705.21 of the Revised Code for general permanent
improvements for a continuing period of time and the proceeds of
such tax can be used for maintenance, or if a district agrees to
the transfers described in section 3318.051 of the Revised Code,
the school district need not levy the additional tax required
under division (B) of this section, provided the school district
board includes in the agreement entered into under section 3318.08
of the Revised Code provisions either:
(1) Earmarking an amount from the proceeds of that permanent
improvement tax for maintenance of classroom facilities equivalent
to the amount of the additional tax and for the equivalent number
of years otherwise required under this section;
(2) Requiring the transfer of money in accordance with
section 3318.051 of the Revised Code.
The district board subsequently may rescind the agreement to
make the transfers under section 3318.051 of the Revised Code only
so long as the electors of the district have approved, in
accordance with section 3318.063 of the Revised Code, the levy of
a tax for the maintenance of the classroom facilities acquired
under the district's project and that levy continues to be
collected as approved by the electors.
(D) Proceeds of the tax to be used for maintenance of the
classroom facilities under either division (B) or (C)(1) of this
section, and transfers of money in accordance with section
3318.051 of the Revised Code shall be deposited into a separate
fund established by the school district for such purpose.
Sec. 3318.051. (A) Any city, exempted village, or local
school district that commences a project under sections 3318.01 to
3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or
after September 5, 2006, need not levy the tax otherwise required
under division (B) of section 3318.05 of the Revised Code, if the
district board of education adopts a resolution petitioning the
Ohio school facilities commission to approve the transfer of money
in accordance with this section and the commission approves that
transfer. If so approved, the commission and the district board
shall enter into an agreement under which the board, in each of
twenty-three consecutive years beginning in the year in which the
board and the commission enter into the project agreement under
section 3318.08 of the Revised Code, shall transfer into the
maintenance fund required by division (D) of section 3318.05 of
the Revised Code not less than an amount equal to one-half mill
for each dollar of the district's valuation unless and until the
agreement to make those transfers is rescinded by the district
board pursuant to division (F) of this section.
(B) On the first day of July each year, or on an alternative
date prescribed by the commission, the district treasurer shall
certify to the commission and the auditor of state that the amount
required for the year has been transferred. The auditor of state
shall include verification of the transfer as part of any audit of
the district under section 117.11 of the Revised Code. If the
auditor of state finds that less than the required amount has been
deposited into a district's maintenance fund, the auditor of state
shall notify the district board of education in writing of that
fact and require the board to deposit into the fund, within ninety
days after the date of the notice, the amount by which the fund is
deficient for the year. If the district board fails to demonstrate
to the auditor of state's satisfaction that the board has made the
deposit required in the notice, the auditor of state shall notify
the department of education. At that time, the department shall
withhold an amount equal to ten per cent of the district's funds
calculated for the current fiscal year under Chapters 3306. and
Chapter 3317. of the Revised Code until the auditor of state
notifies the department that the auditor of state is satisfied
that the board has made the required transfer.
(C) Money transferred to the maintenance fund shall be used
for the maintenance of the facilities acquired under the
district's project.
(D) The transfers to the maintenance fund under this section
does not affect a district's obligation to establish and maintain
a capital and maintenance fund under section 3315.18 of the
Revised Code.
(E) Any decision by the commission to approve or not approve
the transfer of money under this section is final and not subject
to appeal. The commission shall not be responsible for errors or
miscalculations made in deciding whether to approve a petition to
make transfers under this section.
(F) If the district board determines that it no longer can
continue making the transfers agreed to under this section, the
board may rescind the agreement only so long as the electors of
the district have approved, in accordance with section 3318.063 of
the Revised Code, the levy of a tax for the maintenance of the
classroom facilities acquired under the district's project and
that levy continues to be collected as approved by the electors.
That levy shall be for a number of years that is equal to the
difference between twenty-three years and the number of years that
the district made transfers under this section and shall be at the
rate of not less than one-half mill for each dollar of the
district's valuation. The district board shall continue to make
the transfers agreed to under this section until that levy has
been approved by the electors.
Sec. 3318.054. (A) If conditional approval of a city,
exempted village, or local school district's project lapses as
provided in section 3318.05 of the Revised Code, or if conditional
approval of a joint vocational school district's project lapses as
provided in division (D) of section 3318.41 of the Revised Code,
because the district's electors have not approved the ballot
measures necessary to generate the district's portion of the basic
project cost, and if the district board desires to seek a new
conditional approval of the project, the district board shall
request that the Ohio school facilities commission establish a new
scope, estimated basic project cost, estimated school district
portion of the basic project cost, and rate of taxation necessary
to pay the district's portion of the basic project cost prior to
resubmitting the ballot measures to the electors. To do so, the
commission shall use the district's current tax valuation and the
district's percentile for the prior fiscal year. For a district
that has entered into an agreement under section 3318.36 of the
Revised Code and desires to proceed with a project under sections
3318.01 to 3318.20 of the Revised Code, the district's portion of
the basic project cost shall be the percentage specified in that
agreement. The project scope, estimated costs, and rate of
taxation established under this division shall be valid for one
year from the date the commission approves them.
(B) Upon the commission's approval under division (A) of this
section, the district board may submit the ballot measures to the
district's electors for approval of the project based on the new
project scope, estimated costs, and rate of taxation. Upon
electoral approval of those measures, the district shall be given
first priority for project funding as such funds become available.
(C) When the commission determines that funds are available
for the district's project, the commission shall do all of the
following:
(1) Determine the school district portion of the basic
project cost under section 3318.032 of the Revised Code, in the
case of a city, exempted village, or local school district, or
under section 3318.42 of the Revised Code, in the case of a joint
vocational school district;
(2) Conditionally approve the project and submit it to the
controlling board for approval pursuant to section 3318.04 of the
Revised Code;
(3) Encumber funds for the project under section 3318.11 of
the Revised Code;
(4) Enter into an agreement with the district board under
section 3318.08 of the Revised Code.
Sec. 3318.08. Except in the case of a joint vocational
school district that receives assistance under sections 3318.40 to
3318.45 of the Revised Code, if the requisite favorable vote on
the election is obtained, or if the school district board has
resolved to apply the proceeds of a property tax levy or the
proceeds of an income tax, or a combination of proceeds from such
taxes, as authorized in section 3318.052 of the Revised Code, the
Ohio school facilities commission, upon certification to it of
either the results of the election or the resolution under section
3318.052 of the Revised Code, shall enter into a written agreement
with the school district board for the construction and sale of
the project. In the case of a joint vocational school district
that receives assistance under sections 3318.40 to 3318.45 of the
Revised Code, if the school district board of education and the
school district electors have satisfied the conditions prescribed
in division (D)(1) of section 3318.41 of the Revised Code, the
commission shall enter into an agreement with the school district
board for the construction and sale of the project. In either
case, the agreement shall include, but need not be limited to, the
following provisions:
(A) The sale and issuance of bonds or notes in anticipation
thereof, as soon as practicable after the execution of the
agreement, in an amount equal to the school district's portion of
the basic project cost, including any securities authorized under
division (J) of section 133.06 of the Revised Code and dedicated
by the school district board to payment of the district's portion
of the basic project cost of the project; provided, that if at
that time the county treasurer of each county in which the school
district is located has not commenced the collection of taxes on
the general duplicate of real and public utility property for the
year in which the controlling board approved the project, the
school district board shall authorize the issuance of a first
installment of bond anticipation notes in an amount specified by
the agreement, which amount shall not exceed an amount necessary
to raise the net bonded indebtedness of the school district as of
the date of the controlling board's approval to within five
thousand dollars of the required level of indebtedness for the
preceding year. In the event that a first installment of bond
anticipation notes is issued, the school district board shall, as
soon as practicable after the county treasurer of each county in
which the school district is located has commenced the collection
of taxes on the general duplicate of real and public utility
property for the year in which the controlling board approved the
project, authorize the issuance of a second and final installment
of bond anticipation notes or a first and final issue of bonds.
The combined value of the first and second installment of
bond anticipation notes or the value of the first and final issue
of bonds shall be equal to the school district's portion of the
basic project cost. The proceeds of any such bonds shall be used
first to retire any bond anticipation notes. Otherwise, the
proceeds of such bonds and of any bond anticipation notes, except
the premium and accrued interest thereon, shall be deposited in
the school district's project construction fund. In determining
the amount of net bonded indebtedness for the purpose of fixing
the amount of an issue of either bonds or bond anticipation notes,
gross indebtedness shall be reduced by moneys in the bond
retirement fund only to the extent of the moneys therein on the
first day of the year preceding the year in which the controlling
board approved the project. Should there be a decrease in the tax
valuation of the school district so that the amount of
indebtedness that can be incurred on the tax duplicates for the
year in which the controlling board approved the project is less
than the amount of the first installment of bond anticipation
notes, there shall be paid from the school district's project
construction fund to the school district's bond retirement fund to
be applied against such notes an amount sufficient to cause the
net bonded indebtedness of the school district, as of the first
day of the year following the year in which the controlling board
approved the project, to be within five thousand dollars of the
required level of indebtedness for the year in which the
controlling board approved the project. The maximum amount of
indebtedness to be incurred by any school district board as its
share of the cost of the project is either an amount that will
cause its net bonded indebtedness, as of the first day of the year
following the year in which the controlling board approved the
project, to be within five thousand dollars of the required level
of indebtedness, or an amount equal to the required percentage of
the basic project costs, whichever is greater. All bonds and bond
anticipation notes shall be issued in accordance with Chapter 133.
of the Revised Code, and notes may be renewed as provided in
section 133.22 of the Revised Code.
(B) The transfer of such funds of the school district board
available for the project, together with the proceeds of the sale
of the bonds or notes, except premium, accrued interest, and
interest included in the amount of the issue, to the school
district's project construction fund;
(C) For all school districts except joint vocational school
districts that receive assistance under sections 3318.40 to
3318.45 of the Revised Code, the following provisions as
applicable:
(1) If section 3318.052 of the Revised Code applies, the
earmarking of the proceeds of a tax levied under section 5705.21
of the Revised Code for general permanent improvements or under
section 5705.218 of the Revised Code for the purpose of permanent
improvements, or the proceeds of a school district income tax
levied under Chapter 5748. of the Revised Code, or the proceeds
from a combination of those two taxes, in an amount to pay all or
part of the service charges on bonds issued to pay the school
district portion of the project and an amount equivalent to all or
part of the tax required under division (B) of section 3318.05 of
the Revised Code;
(2) If section 3318.052 of the Revised Code does not apply,
one of the following:
(a) The levy of the tax authorized at the election for the
payment of maintenance costs, as specified in division (B) of
section 3318.05 of the Revised Code;
(b) If the school district electors have approved a
continuing tax for general permanent improvements under section
5705.21 of the Revised Code and that tax can be used for
maintenance, the earmarking of an amount of the proceeds from such
tax for maintenance of classroom facilities as specified in
division (B) of section 3318.05 of the Revised Code;
(c) If, in lieu of the tax otherwise required under division
(B) of section 3318.05 of the Revised Code, the commission has
approved the transfer of money to the maintenance fund in
accordance with section 3318.051 of the Revised Code, a
requirement that the district board comply with the provisions
that section. The district board may rescind the provision
prescribed under division (C)(2)(c) of this section only so long
as the electors of the district have approved, in accordance with
section 3318.063 of the Revised Code, the levy of a tax for the
maintenance of the classroom facilities acquired under the
district's project and that levy continues to be collected as
approved by the electors.
(D) For joint vocational school districts that receive
assistance under sections 3318.40 to 3318.45 of the Revised Code,
provision for deposit of school district moneys dedicated to
maintenance of the classroom facilities acquired under those
sections as prescribed in section 3318.43 of the Revised Code;
(E) Dedication of any local donated contribution as provided
for under section 3318.084 of the Revised Code, including a
schedule for depositing such moneys applied as an offset of the
district's obligation to levy the tax described in division (B) of
section 3318.05 of the Revised Code as required under division
(D)(2) of section 3318.084 of the Revised Code;
(F) Ownership of or interest in the project during the period
of construction, which shall be divided between the commission and
the school district board in proportion to their respective
contributions to the school district's project construction fund;
(G) Maintenance of the state's interest in the project until
any obligations issued for the project under section 3318.26 of
the Revised Code are no longer outstanding;
(H) The insurance of the project by the school district from
the time there is an insurable interest therein and so long as the
state retains any ownership or interest in the project pursuant to
division (F) of this section, in such amounts and against such
risks as the commission shall require; provided, that the cost of
any required insurance until the project is completed shall be a
part of the basic project cost;
(I) The certification by the director of budget and
management that funds are available and have been set aside to
meet the state's share of the basic project cost as approved by
the controlling board pursuant to either section 3318.04 or
division (B)(1) of section 3318.41 of the Revised Code;
(J) Authorization of the school district board to advertise
for and receive construction bids for the project, for and on
behalf of the commission, and to award contracts in the name of
the state subject to approval by the commission;
(K) Provisions for the disbursement of moneys from the school
district's project account upon issuance by the commission or the
commission's designated representative of vouchers for work done
to be certified to the commission by the treasurer of the school
district board;
(L) Disposal of any balance left in the school district's
project construction fund upon completion of the project;
(M) Limitations upon use of the project or any part of it so
long as any obligations issued to finance the project under
section 3318.26 of the Revised Code are outstanding;
(N) Provision for vesting the state's interest in the project
to the school district board when the obligations issued to
finance the project under section 3318.26 of the Revised Code are
outstanding;
(O) Provision for deposit of an executed copy of the
agreement in the office of the commission;
(P) Provision for termination of the contract and release of
the funds encumbered at the time of the conditional approval, if
the proceeds of the sale of the bonds of the school district board
are not paid into the school district's project construction fund
and if bids for the construction of the project have not been
taken within such period after the execution of the agreement as
may be fixed by the commission;
(Q) Provision for the school district to maintain the project
in accordance with a plan approved by the commission;
(R)(1) For all school districts except a district undertaking
a project under section 3318.38 of the Revised Code or a joint
vocational school district undertaking a project under sections
3318.40 to 3318.45 of the Revised Code, provision Provision that
all state funds reserved and encumbered to pay the state share of
the cost of the project
pursuant to section 3318.03 of the Revised
Code be spent on the construction or acquisition of the project
prior to the expenditure of any and the funds provided by the
school district to pay for its share of the project cost, unless
including the respective shares of the cost of a segment if the
project is divided into segments, be spent on the construction and
acquisition of the project or segment simultaneously in proportion
to the state's and the school district's respective shares of that
basic project cost as determined under section 3318.032 of the
Revised Code or, if the district is a joint vocational school
district, under section 3318.42 of the Revised Code. However, if
the school district certifies to the commission that expenditure
by the school district is necessary to maintain the federal tax
status or tax-exempt status of notes or bonds issued by the school
district to pay for its share of the project cost or to comply
with applicable temporary investment periods or spending
exceptions to rebate as provided for under federal law in regard
to those notes or bonds,
in which cases, the school district may
commit to spend, or spend, a greater portion of the funds it
provides;
(2) For a school district undertaking a project under section
3318.38 of the Revised Code or a joint vocational school district
undertaking a project under sections 3318.40 to 3318.45 of the
Revised Code, provision that the state funds reserved and
encumbered and the funds provided by the school district to pay
the basic project cost of any segment of the project, or of the
entire project if it is not divided into segments, be spent on the
construction and acquisition of the project simultaneously in
proportion to the state's and the school district's respective
shares of that basic project cost as determined under section
3318.032 of the Revised Code or, if the district is a joint
vocational school district, under section 3318.42 of the Revised
Code during any specific period than would otherwise be required
under this division.
(S) A provision stipulating that the commission may prohibit
the district from proceeding with any project if the commission
determines that the site is not suitable for construction
purposes. The commission may perform soil tests in its
determination of whether a site is appropriate for construction
purposes.
(T) A provision stipulating that, unless otherwise authorized
by the commission, any contingency reserve portion of the
construction budget prescribed by the commission shall be used
only to pay costs resulting from unforeseen job conditions, to
comply with rulings regarding building and other codes, to pay
costs related to design clarifications or corrections to contract
documents, and to pay the costs of settlements or judgments
related to the project as provided under section 3318.086 of the
Revised Code;
(U) Provision stipulating that for continued release of
project funds the school district board shall comply with section
3313.41 of the Revised Code throughout the project and shall
notify the department of education and the Ohio community school
association when the board plans to dispose of facilities by sale
under that section;
(V) Provision that the commission shall not approve a
contract for demolition of a facility until the school district
board has complied with section 3313.41 of the Revised Code
relative to that facility, unless demolition of that facility is
to clear a site for construction of a replacement facility
included in the district's project.
Sec. 3318.12. (A) The Ohio school facilities commission shall
cause to be transferred to the school district's project
construction fund the necessary amounts from amounts appropriated
by the general assembly and set aside for such purpose, from time
to time as may be necessary to pay obligations chargeable to such
fund when due. All investment earnings of a school district's
project construction fund shall be credited to the fund.
(B)(1) The treasurer of the school district board shall
disburse funds from the school district's project construction
fund, including investment earnings credited to the fund, only
upon the approval of the commission or the commission's designated
representative. The commission or the commission's designated
representative shall issue vouchers against such fund, in such
amounts, and at such times as required by the contracts for
construction of the project.
(2) Notwithstanding anything to the contrary in division
(B)(1) of this section, the school district board may, by a duly
adopted resolution, choose to use all or part of the investment
earnings of the district's project construction fund that are
attributable to the district's contribution to the fund to pay the
cost of classroom facilities or portions or components of
classroom facilities that are not included in the district's basic
project cost but that are related to the district's project. If
the district board adopts a resolution in favor of using those
investment earnings as authorized under division (B)(2) of this
section, the treasurer shall disburse the amount as designated and
directed by the board. However, if the district board chooses to
use any part of the investment earnings for classroom facilities
or portions or components of classroom facilities that are not
included in the basic project cost, as authorized under division
(B)(2) of this section, and, subsequently, the cost of the project
exceeds the amount in the project construction fund, the district
board shall restore to the project construction fund the full
amount of the investment earnings used under division (B)(2) of
this section before any additional state moneys shall be released
for the project.
(C) After the a certificate of completion has been issued for
a project has been completed under section 3318.48 of the Revised
Code:
(1) At the discretion of the school district board, any
investment earnings remaining in the project construction fund
that are attributable to the school district's contribution to the
fund shall be:
(a) Retained in the project construction fund for future
projects;
(b) Transferred to the district's maintenance fund required
by division (B) of section 3318.05 or section 3318.43 of the
Revised Code, and the money so transferred shall be used solely
for maintaining the classroom facilities included in the project;
(c) Transferred to the district's permanent improvement fund.
(2) Any investment earnings remaining in the project
construction fund that are attributable to the state's
contribution to the fund shall be transferred to the commission
for expenditure pursuant to sections 3318.01 to 3318.20 or
sections 3318.40 to 3318.45 of the Revised Code.
(3) Any other surplus remaining in the school district's
project construction fund after the project has been completed
shall be transferred to the commission and the school district
board in proportion to their respective contributions to the fund.
The commission shall use the money transferred to it under this
division for expenditure pursuant to sections 3318.01 to 3318.20
or sections 3318.40 to 3318.45 of the Revised Code.
(D) Pursuant to appropriations of the general assembly, any
moneys transferred to the commission under division (C)(2) or (3)
of this section from a project construction fund for a project
under sections 3318.40 to 3318.45 of the Revised Code may be used
for future expenditures for projects under sections 3318.40 to
3318.45 of the Revised Code, notwithstanding the two per cent
annual limit specified in division (B) of section 3318.40 of the
Revised Code.
Sec. 3318.31. (A) The Ohio school facilities commission may
perform any act and ensure the performance of any function
necessary or appropriate to carry out the purposes of, and
exercise the powers granted under, Chapter 3318. of the Revised
Code, including any of the following:
(1) Adopt, amend, and rescind, pursuant to section 111.15 of
the Revised Code, rules for the administration of programs
authorized under Chapter 3318. of the Revised Code.
(2) Contract with, retain the services of, or designate, and
fix the compensation of, such agents, accountants, consultants,
advisers, and other independent contractors as may be necessary or
desirable to carry out the programs authorized under Chapter 3318.
of the Revised Code, or authorize the executive director to
perform such powers and duties.
(3) Receive and accept any gifts, grants, donations, and
pledges, and receipts therefrom, to be used for the programs
authorized under Chapter 3318. of the Revised Code.
(4) Make and enter into all contracts, commitments, and
agreements, and execute all instruments, necessary or incidental
to the performance of its duties and the execution of its rights
and powers under Chapter 3318. of the Revised Code, or authorize
the executive director to perform such powers and duties.
(5) Request the director of administrative services to debar
a contractor as provided in section 153.02 of the Revised Code.
(B) The commission shall appoint and fix the compensation of
an executive director who shall serve at the pleasure of the
commission. The executive director shall supervise the operations
of the commission and perform such other duties as delegated by
the commission. The executive director also shall employ and fix
the compensation of such employees as will facilitate the
activities and purposes of the commission, who shall serve at the
pleasure of the executive director. The employees of the
commission shall be exempt from Chapter 4117. of the Revised Code
and shall not be public employees as defined in section 4117.01 of
the Revised Code.
(C) The attorney general shall serve as the legal
representative for the commission and may appoint other counsel as
necessary for that purpose in accordance with section 109.07 of
the Revised Code.
Sec. 3318.36. (A)(1) As used in this section:
(a) "Ohio school facilities commission," "classroom
facilities," "school district," "school district board," "net
bonded indebtedness," "required percentage of the basic project
costs," "basic project cost," "valuation," and "percentile" have
the same meanings as in section 3318.01 of the Revised Code.
(b) "Required level of indebtedness" means five per cent of
the school district's valuation for the year preceding the year in
which the commission and school district enter into an agreement
under division (B) of this section, plus [two one-hundredths of
one per cent multiplied by (the percentile in which the district
ranks minus one)].
(c) "Local resources" means any moneys generated in any
manner permitted for a school district board to raise the school
district portion of a project undertaken with assistance under
sections 3318.01 to 3318.20 of the Revised Code.
(d) "Tangible personal property phase-out impacted district"
means a school district for which the taxable value of its
tangible personal property certified under division (A)(2) of
section 3317.021 of the Revised Code for tax year 2005, excluding
the taxable value of public utility personal property, made up
eighteen per cent or more of its total taxable value for tax year
2005 as certified under that section.
(2) For purposes of determining the required level of
indebtedness, the required percentage of the basic project costs
under division (C)(1) of this section, and priority for assistance
under sections 3318.01 to 3318.20 of the Revised Code, the
percentile ranking of a school district with which the commission
has entered into an agreement under this section between the first
day of July and the thirty-first day of August in each fiscal year
is the percentile ranking calculated for that district for the
immediately preceding fiscal year, and the percentile ranking of a
school district with which the commission has entered into such
agreement between the first day of September and the thirtieth day
of June in each fiscal year is the percentile ranking calculated
for that district for the current fiscal year.
However, in the
case of a tangible personal property phase-out impacted district,
the district's priority for assistance under sections 3318.01 to
3318.20 of the Revised Code and its portion of the basic project
cost under those sections shall be determined in the manner
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of
this section.
(B)(1) There is hereby established the school building
assistance expedited local partnership program. Under the program,
the Ohio school facilities commission may enter into an agreement
with the school district board of any school district under which
the school district board may proceed with the new construction or
major repairs of a part of the school district's classroom
facilities needs, as determined under sections 3318.01 to 3318.20
of the Revised Code, through the expenditure of local resources
prior to the school district's eligibility for state assistance
under those sections and may apply that expenditure toward meeting
the school district's portion of the basic project cost of the
total of the school district's classroom facilities needs, as
determined under sections 3318.01 to 3318.20 of the Revised Code
and as recalculated under division (E) of this section, that are
eligible for state assistance under sections 3318.01 to 3318.20 of
the Revised Code when the school district becomes eligible for
that assistance. Any school district that is reasonably expected
to receive assistance under sections 3318.01 to 3318.20 of the
Revised Code within two fiscal years from the date the school
district adopts its resolution under division (B) of this section
shall not be eligible to participate in the program established
under this section.
(2) To participate in the program, a school district board
shall first adopt a resolution certifying to the commission the
board's intent to participate in the program.
The resolution shall specify the approximate date that the
board intends to seek elector approval of any bond or tax measures
or to apply other local resources to use to pay the cost of
classroom facilities to be constructed under this section. The
resolution may specify the application of local resources or
elector-approved bond or tax measures after the resolution is
adopted by the board, and in such case the board may proceed with
a discrete portion of its project under this section as soon as
the commission and the controlling board have approved the basic
project cost of the district's classroom facilities needs as
specified in division (D) of this section. The board shall submit
its resolution to the commission not later than ten days after the
date the resolution is adopted by the board.
The commission shall not consider any resolution that is
submitted pursuant to division (B)(2) of this section, as amended
by this amendment, sooner than September 14, 2000.
(3) For purposes of determining when a district that enters
into an agreement under this section becomes eligible for
assistance under sections 3318.01 to 3318.20 of the Revised Code,
the commission shall use one of the following as applicable:
(a) Except for a tangible personal property phase-out
impacted district, the district's percentile ranking determined at
the time the district entered into the agreement under this
section, as prescribed by division (A)(2) of this section;
(b) For a tangible personal property phase-out impacted
district, the lesser of (i) the district's percentile ranking
determined at the time the district entered into the agreement
under this section, as prescribed by division (A)(2) of this
section, or (ii) the district's current percentile ranking under
section 3318.011 of the Revised Code.
(4) Any project under this section shall comply with section
3318.03 of the Revised Code and with any specifications for plans
and materials for classroom facilities adopted by the commission
under section 3318.04 of the Revised Code.
(5) If a school district that enters into an agreement under
this section has not begun a project applying local resources as
provided for under that agreement at the time the district is
notified by the commission that it is eligible to receive state
assistance under sections 3318.01 to 3318.20 of the Revised Code,
all assessment and agreement documents entered into under this
section are void.
(6) Only construction of or repairs to classroom facilities
that have been approved by the commission and have been therefore
included as part of a district's basic project cost qualify for
application of local resources under this section.
(C) Based on the results of on-site visits and assessment,
the commission shall determine the basic project cost of the
school district's classroom facilities needs. The commission shall
determine the school district's portion of such basic project
cost, which shall be the greater of:
(1) The required percentage of the basic project costs,
determined based on the school district's percentile ranking;
(2) An amount necessary to raise the school district's net
bonded indebtedness, as of the fiscal year the commission and the
school district enter into the agreement under division (B) of
this section, to within five thousand dollars of the required
level of indebtedness.
(D)(1) When the commission determines the basic project cost
of the classroom facilities needs of a school district and the
school district's portion of that basic project cost under
division (C) of this section, the project shall be conditionally
approved. Such conditional approval shall be submitted to the
controlling board for approval thereof. The controlling board
shall forthwith approve or reject the commission's determination,
conditional approval, and the amount of the state's portion of the
basic project cost; however, no state funds shall be encumbered
under this section. Upon approval by the controlling board, the
school district board may identify a discrete part of its
classroom facilities needs, which shall include only new
construction of or additions or major repairs to a particular
building, to address with local resources. Upon identifying a part
of the school district's basic project cost to address with local
resources, the school district board may allocate any available
school district moneys to pay the cost of that identified part,
including the proceeds of an issuance of bonds if approved by the
electors of the school district.
All local resources utilized under this division shall first
be deposited in the project construction account required under
section 3318.08 of the Revised Code.
(2) Unless the school district board exercises its option
under division (D)(3) of this section, for a school district to
qualify for participation in the program authorized under this
section, one of the following conditions shall be satisfied:
(a) The electors of the school district by a majority vote
shall approve the levy of taxes outside the ten-mill limitation
for a period of twenty-three years at the rate of not less than
one-half mill for each dollar of valuation to be used to pay the
cost of maintaining the classroom facilities included in the basic
project cost as determined by the commission. The form of the
ballot to be used to submit the question whether to approve the
tax required under this division to the electors of the school
district shall be the form for an additional levy of taxes
prescribed in section 3318.361 of the Revised Code, which may be
combined in a single ballot question with the questions prescribed
under section 5705.218 of the Revised Code.
(b) As authorized under division (C) of section 3318.05 of
the Revised Code, the school district board shall earmark from the
proceeds of a permanent improvement tax levied under section
5705.21 of the Revised Code, an amount equivalent to the
additional tax otherwise required under division (D)(2)(a) of this
section for the maintenance of the classroom facilities included
in the basic project cost as determined by the commission.
(c) As authorized under section 3318.051 of the Revised Code,
the school district board shall, if approved by the commission,
annually transfer into the maintenance fund required under section
3318.05 of the Revised Code the amount prescribed in section
3318.051 of the Revised Code in lieu of the tax otherwise required
under division (D)(2)(a) of this section for the maintenance of
the classroom facilities included in the basic project cost as
determined by the commission.
(d) If the school district board has rescinded the agreement
to make transfers under section 3318.051 of the Revised Code, as
provided under division (F) of that section, the electors of the
school district, in accordance with section 3318.063 of the
Revised Code, first shall approve the levy of taxes outside the
ten-mill limitation for the period specified in that section at a
rate of not less than one-half mill for each dollar of valuation.
(e) The school district board shall apply the proceeds of a
tax to leverage bonds as authorized under section 3318.052 of the
Revised Code or dedicate a local donated contribution in the
manner described in division (B) of section 3318.084 of the
Revised Code in an amount equivalent to the additional tax
otherwise required under division (D)(2)(a) of this section for
the maintenance of the classroom facilities included in the basic
project cost as determined by the commission.
(3) A school district board may opt to delay taking any of
the actions described in division (D)(2) of this section until the
school district becomes eligible for state assistance under
sections 3318.01 to 3318.20 of the Revised Code. In order to
exercise this option, the board shall certify to the commission a
resolution indicating the board's intent to do so prior to
entering into an agreement under division (B) of this section.
(4) If pursuant to division (D)(3) of this section a district
board opts to delay levying an additional tax until the district
becomes eligible for state assistance, it shall submit the
question of levying that tax to the district electors as follows:
(a) In accordance with section 3318.06 of the Revised Code if
it will also be necessary pursuant to division (E) of this section
to submit a proposal for approval of a bond issue;
(b) In accordance with section 3318.361 of the Revised Code
if it is not necessary to also submit a proposal for approval of a
bond issue pursuant to division (E) of this section.
(5) No state assistance under sections 3318.01 to 3318.20 of
the Revised Code shall be released until a school district board
that adopts and certifies a resolution under division (D) of this
section also demonstrates to the satisfaction of the commission
compliance with the provisions of division (D)(2) of this section.
Any amount required for maintenance under division (D)(2) of
this section shall be deposited into a separate fund as specified
in division (B) of section 3318.05 of the Revised Code.
(E)(1) If the school district becomes eligible for state
assistance under sections 3318.01 to 3318.20 of the Revised Code
based on its percentile ranking under division (B)(3) of this
section, the commission shall conduct a new assessment of the
school district's classroom facilities needs and shall recalculate
the basic project cost based on this new assessment. The basic
project cost recalculated under this division shall include the
amount of expenditures made by the school district board under
division (D)(1) of this section. The commission shall then
recalculate the school district's portion of the new basic project
cost, which shall be one of the following as applicable:
(a) Except for a tangible personal property phase-out
impacted district, the percentage of the original basic project
cost assigned to the school district as its portion under division
(C) of this section;
(b) For a tangible personal property phase-out impacted
district, the lesser of (i) the percentage of the original basic
project cost assigned to the school district as its portion under
division (C) of this section, or (ii) the percentage of the new
basic project cost determined under section 3318.032 of the
Revised Code using the district's current percentile ranking under
section 3318.011 of the Revised Code.
The
The commission shall deduct the expenditure of school
district moneys made under division (D)(1) of this section from
the school district's portion of the basic project cost as
recalculated under this division. If the amount of school district
resources applied by the school district board to the school
district's portion of the basic project cost under this section is
less than the total amount of such portion as recalculated under
this division, the school district board by a majority vote of all
of its members shall, if it desires to seek state assistance under
sections 3318.01 to 3318.20 of the Revised Code, adopt a
resolution as specified in section 3318.06 of the Revised Code to
submit to the electors of the school district the question of
approval of a bond issue in order to pay any additional amount of
school district portion required for state assistance. Any tax
levy approved under division (D) of this section satisfies the
requirements to levy the additional tax under section 3318.06 of
the Revised Code.
(2) If the amount of school district resources applied by the
school district board to the school district's portion of the
basic project cost under this section is more than the total
amount of such portion as recalculated under this division (E)(1)
of this section, within one year after the school district's
portion is so recalculated under division (E)(1) of this section
the commission may grant to the school district the difference
between the two calculated portions, but at no time shall the
commission expend any state funds on a project in an amount
greater than the state's portion of the basic project cost as
recalculated under this division (E)(1) of this section.
Any reimbursement under this division shall be only for local
resources the school district has applied toward construction cost
expenditures for the classroom facilities approved by the
commission, which shall not include any financing costs associated
with that construction.
The school district board shall use any moneys reimbursed to
the district under this division to pay off any debt service the
district owes for classroom facilities constructed under its
project under this section before such moneys are applied to any
other purpose. However, the district board first may deposit
moneys reimbursed under this division into the district's general
fund or a permanent improvement fund to replace local resources
the district withdrew from those funds, as long as, and to the
extent that, those local resources were used by the district for
constructing classroom facilities included in the district's basic
project cost.
(3) A tangible personal property phase-out impacted district
shall receive credit under division (E) of this section for the
expenditure of local resources pursuant to any prior agreement
authorized by this section, notwithstanding any recalculation of
its average taxable value.
Sec. 3318.37. (A)(1) As used in this section:
(a) "Large land area school district" means a school district
with a territory of greater than three hundred square miles in any
percentile as determined under section 3318.011 of the Revised
Code.
(b) "Low wealth school district" means a school district in
the first through seventy-fifth percentiles as determined under
section 3318.011 of the Revised Code.
(c) A "school district with an exceptional need for immediate
classroom facilities assistance" means a low wealth or large land
area school district with an exceptional need for new facilities
in order to protect the health and safety of all or a portion of
its students.
(2) No school district reasonably expected to be eligible for
state assistance under sections 3318.01 to 3318.20 of the Revised
Code within three fiscal years after the year of the application
for assistance under this section shall be eligible for assistance
under this section, unless the district's entire classroom
facilities plan consists of only a single building designed to
house grades kindergarten through twelve and the district
satisfies the conditions prescribed in divisions (A)(3)(a) and (b)
of this section.
(3) No school district that participates in the school
building assistance expedited local partnership program under
section 3318.36 of the Revised Code shall receive assistance under
the program established under this section unless the following
conditions are satisfied:
(a) The district board adopted a resolution certifying its
intent to participate in the school building assistance expedited
local partnership program under section 3318.36 of the Revised
Code prior to September 14, 2000.
(b) The district was selected by the Ohio school facilities
commission for participation in the school building assistance
expedited local partnership program under section 3318.36 of the
Revised Code in the manner prescribed by the commission under that
section as it existed prior to September 14, 2000.
(B)(1) There is hereby established the exceptional needs
school facilities assistance program. Under the program, the Ohio
school facilities commission may set aside from the moneys
annually appropriated to it for classroom facilities assistance
projects up to twenty-five per cent for assistance to school
districts with exceptional needs for immediate classroom
facilities assistance.
(2)(a) After consulting with education and construction
experts, the commission shall adopt guidelines for identifying
school districts with an exceptional need for immediate classroom
facilities assistance.
(b) The guidelines shall include application forms and
instructions for school districts to use in applying for
assistance under this section.
(3) The commission shall evaluate the classroom facilities,
and the need for replacement classroom facilities from the
applications received under this section. The commission,
utilizing the guidelines adopted under division (B)(2)(a) of this
section, shall prioritize the school districts to be assessed.
Notwithstanding section 3318.02 of the Revised Code, the
commission may conduct on-site evaluation of the school districts
prioritized under this section and approve and award funds until
such time as all funds set aside under division (B)(1) of this
section have been encumbered. However, the commission need not
conduct the evaluation of facilities if the commission determines
that a district's assessment conducted under section 3318.36 of
the Revised Code is sufficient for purposes of this section.
(4) Notwithstanding division (A) of section 3318.05 of the
Revised Code, the school district's portion of the basic project
cost under this section shall be the "required percentage of the
basic project costs," as defined in division (K) of section
3318.01 of the Revised Code.
(5) Except as otherwise specified in this section, any
project undertaken with assistance under this section shall comply
with all provisions of sections 3318.01 to 3318.20 of the Revised
Code. A school district may receive assistance under sections
3318.01 to 3318.20 of the Revised Code for the remainder of the
district's classroom facilities needs as assessed under this
section when the district is eligible for such assistance pursuant
to section 3318.02 of the Revised Code, but any classroom facility
constructed with assistance under this section shall not be
included in a district's project at that time unless the
commission determines the district has experienced the increased
enrollment specified in division (B)(1) of section 3318.04 of the
Revised Code.
(C) No school district shall receive assistance under this
section for a classroom facility that has been included in the
discrete part of the district's classroom facilities needs
identified and addressed in the district's project pursuant to an
agreement entered into under section 3318.36 of the Revised Code,
unless the district's entire classroom facilities plan consists of
only a single building designed to house grades kindergarten
through twelve.
Sec. 3318.371. The Ohio school facilities commission may
provide assistance under the exceptional needs school facilities
program established by section 3318.37 of the Revised Code to any
school district for the purpose of the relocation or replacement
of classroom facilities required as a result of any contamination
of air, soil, or water that impacts the occupants of the facility.
Assistance under this section is not limited to school districts
in the first through seventy-fifth percentiles as determined under
section 3318.011 of the Revised Code.
The commission shall make a determination in accordance with
guidelines adopted by the commission regarding eligibility and
funding for projects under this section. The commission may
contract with an independent environmental consultant to conduct a
study to assist the commission in making the determination.
If the federal government or other public or private entity
provides funds for restitution of costs incurred by the state or
school district in the relocation or replacement of the classroom
facilities, the school district shall use such funds in excess of
the school district's share to refund the state for the state's
contribution to the environmental contamination portion of the
project. The school district may apply an amount of such
restitution funds up to an amount equal to the school district's
portion of the project, as defined by the commission, toward
paying its portion of that project to reduce the amount of bonds
the school district otherwise must issue to receive state
assistance under sections 3318.01 to 3318.20 of the Revised Code.
Sec. 3318.38. (A) As used in this section, "big-eight school
district" has the same meaning as in section 3314.02 of the
Revised Code.
(B) There is hereby established the accelerated urban school
building assistance program. Under the program, notwithstanding
section 3318.02 of the Revised Code, any big-eight school district
that has not been approved to receive assistance under sections
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may
beginning on that date apply for approval of and be approved for
such assistance. Except as otherwise provided in this section, any
project approved and undertaken pursuant to this section shall
comply with all provisions of sections 3318.01 to 3318.20 of the
Revised Code.
The Ohio school facilities commission shall provide
assistance to any big-eight school district eligible for
assistance under this section in the following manner:
(1) Notwithstanding section 3318.02 of the Revised Code:
(a) Not later than June 30, 2002, the commission shall
conduct an on-site visit and shall assess the classroom facilities
needs of each big-eight school district eligible for assistance
under this section;
(b) Beginning July 1, 2002, any big-eight school district
eligible for assistance under this section may apply to the
commission for conditional approval of its project as determined
by the assessment conducted under division (B)(1)(a) of this
section. The commission may conditionally approve that project and
submit it to the controlling board for approval pursuant to
section 3318.04 of the Revised Code.
(2) If the controlling board approves the project of a
big-eight school district eligible for assistance under this
section, the commission and the school district shall enter into
an agreement as prescribed in section 3318.08 of the Revised Code.
Any agreement executed pursuant to this division shall include any
applicable segmentation provisions as approved by the commission
under division (B)(3) of this section.
(3) Notwithstanding any provision to the contrary in sections
3318.05, 3318.06, and 3318.08 of the Revised Code, a big-eight
school district eligible for assistance under this section may
with the approval of the commission opt to divide the project as
approved under division (B)(1)(b) of this section into discrete
segments to be completed sequentially. Any project divided into
segments shall comply with all other provisions of sections
3318.05, 3318.06, and 3318.08 of the Revised Code except as
otherwise specified in this division.
If a project is divided into segments under this division:
(a) The school district need raise only the amount equal to
its proportionate share, as determined under section 3318.032 of
the Revised Code, of each segment at any one time and may seek
voter approval of each segment separately;
(b) The state's proportionate share, as determined under
section 3318.032 of the Revised Code, of only the segment which
has been approved by the school district electors or for which the
district has applied a local donated contribution under section
3318.084 of the Revised Code shall be encumbered in accordance
with section 3318.11 of the Revised Code. Encumbrance of
additional amounts to cover the state's proportionate share of
later segments shall be approved separately as they are approved
by the school district electors or as the district applies a local
donated contribution to the segments under section 3318.084 of the
Revised Code.
(c) The school district's maintenance levy requirement, as
defined in section 3318.18 of the Revised Code, shall run for
twenty-three years from the date the first segment is undertaken.
(4) For any project under this section (C) In accordance with
division (R) of section 3318.08 of the Revised Code, the state
funds reserved and encumbered and the funds provided by the school
district to pay the basic project cost of any segment of the
project under this section, or of the entire project if it is not
divided into segments, shall be spent on the construction and
acquisition of the project simultaneously in proportion to the
state's and the school district's respective shares of that basic
project cost as determined under section 3318.032 of the Revised
Code.
Sec. 3318.41. (A)(1) The Ohio school facilities commission
annually shall assess the classroom facilities needs of the number
of joint vocational school districts that the commission
reasonably expects to be able to provide assistance to in a fiscal
year, based on the amount set aside for that fiscal year under
division (B) of section 3318.40 of the Revised Code and the order
of priority prescribed in division (B) of section 3318.42 of the
Revised Code, except that in fiscal year 2004 the commission shall
conduct at least the five assessments prescribed in division (E)
of section 3318.40 of the Revised Code.
Upon conducting an assessment of the classroom facilities
needs of a school district, the commission shall make a
determination of all of the following:
(a) The number of classroom facilities to be included in a
project and the basic project cost of acquiring the classroom
facilities included in the project. The number of facilities and
basic project cost shall be determined in accordance with the
specifications adopted under section 3318.311 of the Revised Code
except to the extent that compliance with such specifications is
waived by the commission pursuant to the rule of the commission
adopted under division (F) of section 3318.40 of the Revised Code.
(b) The school district's portion of the basic project cost
as determined under division (C) of section 3318.42 of the Revised
Code;
(c) The remaining portion of the basic project cost that
shall be supplied by the state;
(d) The amount of the state's portion of the basic project
cost to be encumbered in accordance with section 3318.11 of the
Revised Code in the current and subsequent fiscal years from funds
set aside under division (B) of section 3318.40 of the Revised
Code.
(2) Divisions (A), (C), and (D) of section 3318.03 of the
Revised Code apply to any project under sections 3318.40 to
3318.45 of the Revised Code.
(B)(1) If the commission makes a determination under division
(A) of this section in favor of the acquisition of classroom
facilities for a project under sections 3318.40 to 3318.45 of the
Revised Code, such project shall be conditionally approved. Such
conditional approval shall be submitted to the controlling board
for approval. The controlling board shall immediately approve or
reject the commission's determination, conditional approval, the
amount of the state's portion of the basic project cost, and the
amount of the state's portion of the basic project cost to be
encumbered in the current fiscal year. In the event of approval by
the controlling board, the commission shall certify the
conditional approval to the joint vocational school district board
of education and shall encumber the approved funds for the current
fiscal year.
(2) No school district that receives assistance under
sections 3318.40 to 3318.45 of the Revised Code shall have another
such project conditionally approved until the expiration of twenty
years after the school district's prior project was conditionally
approved, unless the school district board demonstrates to the
satisfaction of the commission that the school district has
experienced since conditional approval of its prior project an
exceptional increase in enrollment or program requirements
significantly above the school district's design capacity under
that prior project as determined by rule of the commission. Any
rule adopted by the commission to implement this division shall be
tailored to address the classroom facilities needs of joint
vocational school districts.
(C) In addition to generating the amount of the school
district's portion of the basic project cost as determined under
division (C) of section 3318.42 of the Revised Code, in order for
a school district to receive assistance under sections 3318.40 to
3318.45 of the Revised Code, the school district board shall set
aside school district moneys for the maintenance of the classroom
facilities included in the school district's project in the amount
and manner prescribed in section 3318.43 of the Revised Code.
(D)(1) The conditional approval for a project certified under
division (B)(1) of this section shall lapse and the amount
reserved and encumbered for such project shall be released unless
both of the following conditions are satisfied:
(a) Within one hundred twenty days following the date of
certification of the conditional approval to the joint vocational
school district board, the school district board accepts the
conditional approval and certifies to the commission the school
district board's plan to generate the school district's portion of
the basic project cost, as determined under division (C) of
section 3318.42 of the Revised Code, and to set aside moneys for
maintenance of the classroom facilities acquired under the
project, as prescribed in section 3318.43 of the Revised Code.
(b) Within one year thirteen months following the date of
certification of the conditional approval to the school district
board, the electors of the school district vote favorably on any
ballot measures proposed by the school district board to generate
the school district's portion of the basic project cost.
(2) If the school district board or electors fail to satisfy
the conditions prescribed in division (D)(1) of this section and
the amount reserved and encumbered for the school district's
project is released, the school district shall be given first
priority over other joint vocational school districts for project
funding under sections 3318.40 to 3318.45 of the Revised Code as
such funds become available, subject to section 3318.054 of the
Revised Code.
(E) If the conditions prescribed in division (D)(1) of this
section are satisfied, the commission and the school district
board shall enter into an agreement as prescribed in section
3318.08 of the Revised Code and shall proceed with the development
of plans, cost estimates, designs, drawings, and specifications as
prescribed in section 3318.091 of the Revised Code.
(F) Costs in excess of those approved by the commission under
section 3318.091 of the Revised Code shall be payable only as
provided in sections 3318.042 and 3318.083 of the Revised Code.
(G) Advertisement for bids and the award of contracts for
construction of any project under sections 3318.40 to 3318.45 of
the Revised Code shall be conducted in accordance with section
3318.10 of the Revised Code.
(H) The In accordance with division (R) of section 3318.08 of
the Revised Code, the state funds reserved and encumbered and the
funds provided by the school district to pay the basic project
cost of a project under sections 3318.40 to 3318.45 of the Revised
Code shall be spent simultaneously in proportion to the state's
and the school district's respective portions of that basic
project cost.
(I) Sections 3318.13, 3318.14, and 3318.16 of the Revised
Code apply to projects under sections 3318.40 to 3318.45 of the
Revised Code.
Sec. 3318.48. (A) When all of the following have occurred, a
project undertaken by a school district pursuant to this chapter
shall be considered complete and the Ohio school facilities
commission shall issue a certificate of completion to the district
board of education:
(1) All facilities to be constructed under the project, as
specified in the project agreement entered into under section
3318.08 of the Revised Code, have been completed and the board has
received a permanent certificate of occupancy for each of those
facilities.
(2) The commission has issued certificates of contract
completion on all prime construction contracts entered into by the
board under section 3318.10 of the Revised Code.
(3) The commission has completed a final accounting of the
district's project construction fund and has determined that all
payments from the fund were made in compliance with all policies
of the commission.
(4) Any litigation concerning the project has been finally
resolved with no chance of appeal.
(5) All construction management services typically provided
by the commission to school districts have been delivered and the
commission has canceled any remaining encumbrance of funds for
those services.
(B) The commission may issue a certificate of completion to a
district board prior to all of the conditions described in
division (A) of this section being satisfied, if the commission
determines that the circumstances preventing the conditions from
being satisfied are so minor in nature that the project should be
considered complete. When issuing a certificate of completion
under this division, the commission may specify any of the
following:
(1) Any construction or work that has yet to be completed and
the manner in which the board shall oversee its completion, which
may include procedures for reporting progress to the commission
and for accounting of expenditures;
(2) Terms and conditions for the resolution of any pending
litigation;
(3) Any remaining responsibilities of the construction
manager regarding the project.
(C) The commission may issue a certificate of completion to a
district board that does not voluntarily participate in the
process of closing out the district's project, if the construction
manager for the project verifies that all facilities to be
constructed under the project, as specified in the project
agreement entered into under section 3318.08 of the Revised Code,
have been completed and the commission determines that those
facilities have been occupied for at least one year. In that case,
all funds due to the commission under division (C) of section
3318.12 of the Revised Code shall be returned to the commission
not later than thirty days after receipt of the certificate of
completion. If the funds due to the commission have not been
returned within sixty days after receipt of the certificate of
completion, the auditor of state shall issue a finding for
recovery against the school district and shall request legal
action under section 117.42 of the Revised Code.
(D) Upon issuance of a certificate of completion under this
section, the commission's ownership of and interest in the
project, as specified in division (F) of section 3318.08 of the
Revised Code, shall cease. This cessation shall not alter or
otherwise affect the state's or commission's interest in the
project or any limitations on the use of the project as specified
in the project agreement pursuant to divisions (G), (M), and (N)
of that section or as specified in section 3318.16 of the Revised
Code.
Sec. 3318.60. (A) As used in this section:
(1) "Acquisition of classroom facilities" means constructing,
reconstructing, repairing, or making additions to classroom
facilities.
(2) "Ohio school facilities commission" and "classroom
facilities" have the same meanings as in section 3318.01 of the
Revised Code.
(B) There is hereby established the college-preparatory
boarding school facilities program. Under the program, the Ohio
school facilities commission shall provide assistance to the
boards of trustees of college-preparatory boarding schools
established under Chapter 3328. of the Revised Code for the
acquisition of classroom facilities.
(C) To be eligible for assistance under this program, a board
of trustees shall secure at least twenty million dollars of
private money to satisfy its share of facilities acquisition. A
board of trustees that receives assistance under the program shall
fund the acquisition of residential facilities and any other
facilities other than classroom facilities through private means.
(D) The lease payments made by the boards of trustees of
college-preparatory boarding schools receiving assistance under
the program shall be deposited into the state treasury and
credited to the common schools capital facilities bond service
fund created in section 151.03 of the Revised Code.
(E) The acquisition of classroom facilities with assistance
provided under the program shall not be subject to sections
3318.01 to 3318.20 of the Revised Code.
(F) Within the ninety-day period immediately following the
effective date of this section, the commission shall adopt rules
necessary for the implementation and administration of the
program.
Sec. 3319.02. (A)(1) As used in this section, "other
administrator" means any of the following:
(a) Except as provided in division (A)(2) of this section,
any employee in a position for which a board of education requires
a license designated by rule of the department of education for
being an administrator issued under section 3319.22 of the Revised
Code, including a professional pupil services employee or
administrative specialist or an equivalent of either one who is
not employed as a school counselor and spends less than fifty per
cent of the time employed teaching or working with students;
(b) Any nonlicensed employee whose job duties enable such
employee to be considered as either a "supervisor" or a
"management level employee," as defined in section 4117.01 of the
Revised Code;
(c) A business manager appointed under section 3319.03 of the
Revised Code.
(2) As used in this section, "other administrator" does not
include a superintendent, assistant superintendent, principal, or
assistant principal.
(B) The board of education of each school district and the
governing board of an educational service center may appoint one
or more assistant superintendents and such other administrators as
are necessary. An assistant educational service center
superintendent or service center supervisor employed on a
part-time basis may also be employed by a local board as a
teacher. The board of each city, exempted village, and local
school district shall employ principals for all high schools and
for such other schools as the board designates, and those boards
may appoint assistant principals for any school that they
designate.
(C) In educational service centers and in city, exempted
village, and local school districts, assistant superintendents,
principals, assistant principals, and other administrators shall
only be employed or reemployed in accordance with nominations of
the superintendent, except that a board of education of a school
district or the governing board of a service center, by a
three-fourths vote of its full membership, may reemploy any
assistant superintendent, principal, assistant principal, or other
administrator whom the superintendent refuses to nominate.
The board of education or governing board shall execute a
written contract of employment with each assistant superintendent,
principal, assistant principal, and other administrator it employs
or reemploys. The term of such contract shall not exceed three
years except that in the case of a person who has been employed as
an assistant superintendent, principal, assistant principal, or
other administrator in the district or center for three years or
more, the term of the contract shall be for not more than five
years and, unless the superintendent of the district recommends
otherwise, not less than two years. If the superintendent so
recommends, the term of the contract of a person who has been
employed by the district or service center as an assistant
superintendent, principal, assistant principal, or other
administrator for three years or more may be one year, but all
subsequent contracts granted such person shall be for a term of
not less than two years and not more than five years. When a
teacher with continuing service status becomes an assistant
superintendent, principal, assistant principal, or other
administrator with the district or service center with which the
teacher holds continuing service status, the teacher retains such
status in the teacher's nonadministrative position as provided in
sections 3319.08 and 3319.09 of the Revised Code.
A board of education or governing board may reemploy an
assistant superintendent, principal, assistant principal, or other
administrator at any regular or special meeting held during the
period beginning on the first day of January of the calendar year
immediately preceding the year of expiration of the employment
contract and ending on the last day of March of the year the
employment contract expires.
Except by mutual agreement of the parties thereto, no
assistant superintendent, principal, assistant principal, or other
administrator shall be transferred during the life of a contract
to a position of lesser responsibility. No contract may be
terminated by a board except pursuant to section 3319.16 of the
Revised Code. No contract may be suspended except pursuant to
section 3319.17 or 3319.171 of the Revised Code. The salaries and
compensation prescribed by such contracts shall not be reduced by
a board unless such reduction is a part of a uniform plan
affecting the entire district or center. The contract shall
specify the employee's administrative position and duties as
included in the job description adopted under division (D) of this
section, the salary and other compensation to be paid for
performance of duties, the number of days to be worked, the number
of days of vacation leave, if any, and any paid holidays in the
contractual year.
An assistant superintendent, principal, assistant principal,
or other administrator is, at the expiration of the current term
of employment, deemed reemployed at the same salary plus any
increments that may be authorized by the board, unless such
employee notifies the board in writing to the contrary on or
before the first day of June, or unless such board, on or before
the last day of March of the year in which the contract of
employment expires, either reemploys such employee for a
succeeding term or gives written notice of its intention not to
reemploy the employee. The term of reemployment of a person
reemployed under this paragraph shall be one year, except that if
such person has been employed by the school district or service
center as an assistant superintendent, principal, assistant
principal, or other administrator for three years or more, the
term of reemployment shall be two years.
(D)(1) Each board shall adopt procedures for the evaluation
of all assistant superintendents, principals, assistant
principals, and other administrators and shall evaluate such
employees in accordance with those procedures. The procedures for
the evaluation of principals shall be based on principles
comparable to the teacher evaluation policy adopted by the board
under section 3319.111 of the Revised Code, including the
requirement for at least fifty per cent of each evaluation to be
based on measures of student academic growth, but shall be
tailored to the duties and responsibilities of principals and the
environment in which principals work. An evaluation based upon
such procedures adopted under this division shall be considered by
the board in deciding whether to renew the contract of employment
of an assistant superintendent, principal, assistant principal, or
other administrator. In the case of a principal, the evaluation
also shall be considered in making decisions about compensation,
termination, reductions in force, and professional development.
(2) The evaluation shall measure each assistant
superintendent's, principal's, assistant principal's, and other
administrator's effectiveness in performing the duties included in
the job description and the evaluation procedures shall provide
for, but not be limited to, the following:
(a) Each assistant superintendent, principal, assistant
principal, and other administrator shall be evaluated annually
through a written evaluation process.
(b) The evaluation shall be conducted by the superintendent
or designee.
(c) In order to provide time to show progress in correcting
the deficiencies identified in the evaluation process, the
evaluation process shall be completed as follows:
(i) In any school year that the employee's contract of
employment is not due to expire, at least one evaluation shall be
completed in that year. A written copy of the evaluation shall be
provided to the employee no later than the end of the employee's
contract year as defined by the employee's annual salary notice.
(ii) In any school year that the employee's contract of
employment is due to expire, at least a preliminary evaluation and
at least a final evaluation shall be completed in that year. A
written copy of the preliminary evaluation shall be provided to
the employee at least sixty days prior to any action by the board
on the employee's contract of employment. The final evaluation
shall indicate the superintendent's intended recommendation to the
board regarding a contract of employment for the employee. A
written copy of the evaluation shall be provided to the employee
at least five days prior to the board's acting to renew or not
renew the contract.
(3) Termination of an assistant superintendent, principal,
assistant principal, or other administrator's contract shall be
pursuant to section 3319.16 of the Revised Code. Suspension of any
such employee shall be pursuant to section 3319.17 or 3319.171 of
the Revised Code.
(4) Before taking action to renew or nonrenew the contract of
an assistant superintendent, principal, assistant principal, or
other administrator under this section and prior to the last day
of March of the year in which such employee's contract expires,
the board shall notify each such employee of the date that the
contract expires and that the employee may request a meeting with
the board. Upon request by such an employee, the board shall grant
the employee a meeting in executive session. In that meeting, the
board shall discuss its reasons for considering renewal or
nonrenewal of the contract. The employee shall be permitted to
have a representative, chosen by the employee, present at the
meeting.
(5) The establishment of an evaluation procedure shall not
create an expectancy of continued employment. Nothing in division
(D) of this section shall prevent a board from making the final
determination regarding the renewal or nonrenewal of the contract
of any assistant superintendent, principal, assistant principal,
or other administrator. However, if a board fails to provide
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this
section, or if the board fails to provide at the request of the
employee a meeting as prescribed in division (D)(4) of this
section, the employee automatically shall be reemployed at the
same salary plus any increments that may be authorized by the
board for a period of one year, except that if the employee has
been employed by the district or service center as an assistant
superintendent, principal, assistant principal, or other
administrator for three years or more, the period of reemployment
shall be for two years.
(E) On nomination of the superintendent of a service center a
governing board may employ supervisors who shall be employed under
written contracts of employment for terms not to exceed five years
each. Such contracts may be terminated by a governing board
pursuant to section 3319.16 of the Revised Code. Any supervisor
employed pursuant to this division may terminate the contract of
employment at the end of any school year after giving the board at
least thirty days' written notice prior to such termination. On
the recommendation of the superintendent the contract or contracts
of any supervisor employed pursuant to this division may be
suspended for the remainder of the term of any such contract
pursuant to section 3319.17 or 3319.171 of the Revised Code.
(F) A board may establish vacation leave for any individuals
employed under this section. Upon such an individual's separation
from employment, a board that has such leave may compensate such
an individual at the individual's current rate of pay for all
lawfully accrued and unused vacation leave credited at the time of
separation, not to exceed the amount accrued within three years
before the date of separation. In case of the death of an
individual employed under this section, such unused vacation leave
as the board would have paid to the individual upon separation
under this section shall be paid in accordance with section
2113.04 of the Revised Code, or to the estate.
(G) The board of education of any school district may
contract with the governing board of the educational service
center from which it otherwise receives services to conduct
searches and recruitment of candidates for assistant
superintendent, principal, assistant principal, and other
administrator positions authorized under this section.
Sec. 3319.08. (A) The board of education of each city,
exempted village, local, and joint vocational school district and
the governing board of each educational service center shall enter
into written contracts for the employment and reemployment of all
teachers. Contracts for the employment of teachers shall be of two
types, limited contracts and continuing contracts. The board of
each school district or service center that authorizes
compensation in addition to the base salary stated in the
teachers' salary schedule paid under section 3317.14 or 3317.141
of the Revised Code for the performance of duties by a teacher
that are in addition to the teacher's regular teaching duties,
shall enter into a supplemental written contract with each teacher
who is to perform additional duties. Such supplemental written
contracts shall be limited contracts. Such written contracts and
supplemental written contracts shall set forth the teacher's
duties and shall specify the salaries and compensation to be paid
for regular teaching duties and additional teaching duties,
respectively, either or both of which may be increased but not
diminished during the term for which the contract is made, except
as provided in section 3319.12 of the Revised Code.
If a board adopts a motion or resolution to employ a teacher
under a limited or continuing contract and the teacher accepts
such employment, the failure of such parties to execute a written
contract shall not void such employment contract.
(B) Teachers must be paid for all time lost when the schools
in which they are employed are closed due to an epidemic or other
public calamity, and for time lost due to illness or otherwise for
not less than five days annually as authorized by regulations
which each board shall adopt.
(C) A limited contract is:
(1) For a superintendent, a contract for such term as
authorized by section 3319.01 of the Revised Code;
(2) For an assistant superintendent, principal, assistant
principal, or other administrator, a contract for such term as
authorized by section 3319.02 of the Revised Code;
(3) For a classroom teacher, a contract for a term not to
exceed the following:
(a) Five years, in the case of a contract entered into prior
to the effective date of this amendment;
(b) A term as authorized in division (D) of this section, in
the case of a contract entered into on or after the effective date
of this amendment.
(4) For all other teachers, a contract for a term not to
exceed five years.
(D) The term of an initial limited contract for a classroom
teacher described in division (C)(3)(b) of this section shall not
exceed three years. Any subsequent limited contract entered into
with that classroom teacher shall be for a term of not less than
two years and not more than five years.
(E) A continuing contract is a contract that remains in
effect until the teacher resigns, elects to retire, or is retired
pursuant to former section 3307.37 of the Revised Code, or becomes
subject to division (F) of section 3319.111 of the Revised Code,
or until it is terminated or suspended and shall be granted only
to the following:
(1) Any teacher holding a professional, permanent, or life
teacher's certificate;
(2) Any teacher who
meets met the following conditions prior
to the effective date of this amendment:
(a) The teacher was initially issued a teacher's certificate
or educator license prior to January 1, 2011.
(b) The teacher holds held a professional educator license
issued under section 3319.22 or 3319.222 or former section 3319.22
of the Revised Code or a senior professional educator license or
lead professional educator license issued under section 3319.22 of
the Revised Code.
(c) The teacher
has had completed the applicable one of the
following:
(i) If the teacher did not hold a master's degree at the time
of initially receiving a teacher's certificate under former law or
an educator license, thirty semester hours of coursework in the
area of licensure or in an area related to the teaching field
since the initial issuance of such certificate or license, as
specified in rules which the state board of education shall adopt;
(ii) If the teacher held a master's degree at the time of
initially receiving a teacher's certificate under former law or an
educator license, six semester hours of graduate coursework in the
area of licensure or in an area related to the teaching field
since the initial issuance of such certificate or license, as
specified in rules which the state board shall adopt.
(3) Any teacher who meets the following conditions:
(a) The teacher never held a teacher's certificate and was
initially issued an educator license on or after January 1, 2011.
(b) The teacher holds a professional educator license, senior
professional educator license, or lead professional educator
license issued under section 3319.22 of the Revised Code.
(c) The teacher has held an educator license for at least
seven years.
(d) The teacher has completed the applicable one of the
following:
(i) If the teacher did not hold a master's degree at the time
of initially receiving an educator license, thirty semester hours
of coursework in the area of licensure or in an area related to
the teaching field since the initial issuance of that license, as
specified in rules which the state board shall adopt;
(ii) If the teacher held a master's degree at the time of
initially receiving an educator license, six semester hours of
graduate coursework in the area of licensure or in an area related
to the teaching field since the initial issuance of that license,
as specified in rules which the state board shall adopt.
(E)(F) Division (D)(E) of this section applies only to
continuing contracts entered into on or after the effective date
of this amendment the effective date of the amendment of this
section by H.B. 153 of the 129th general assembly. Nothing in that
division shall be construed to void or otherwise affect a
continuing contract entered into prior to that date.
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the:
(1) The requirements of division (D)(E)(3) of this section,
as it existed prior to the effective date of this amendment,
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after the effective date of this
amendment between October 16, 2009, and that effective date.
(2) The requirements of division (E) of this section, as it
exists on and after the effective date of this amendment, prevail
over any conflicting provisions of a collective bargaining
agreement entered into on or after that effective date.
(F)(G) Wherever the term "educator license" is used in this
section without reference to a specific type of educator license,
the term does not include an educator license for substitute
teaching issued under section 3319.226 of the Revised Code.
Sec. 3319.088. As used in this section, "educational
assistant" means any nonteaching employee in a school district who
directly assists a teacher as defined in section 3319.09 of the
Revised Code, by performing duties for which a license issued
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not
required.
(A) The state board of education shall issue educational aide
permits and educational paraprofessional licenses for educational
assistants and shall adopt rules for the issuance and renewal of
such permits and licenses which shall be consistent with the
provisions of this section. Educational aide permits and
educational paraprofessional licenses may be of several types and
the rules shall prescribe the minimum qualifications of education,
health, and character for the service to be authorized under each
type. The prescribed minimum qualifications may require special
training or educational courses designed to qualify a person to
perform effectively the duties authorized under an educational
aide permit or educational paraprofessional license.
(B)(1) Any application for a permit or license, or a renewal
or duplicate of a permit or license, under this section shall be
accompanied by the payment of a fee in the amount established
under division (A) of section 3319.51 of the Revised Code. Any
fees received under this division shall be paid into the state
treasury to the credit of the state board of education licensure
fund established under division (B) of section 3319.51 of the
Revised Code.
(2) Any person applying for or holding a permit or license
pursuant to this section is subject to sections 3123.41 to 3123.50
of the Revised Code and any applicable rules adopted under section
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of
the Revised Code.
(C) Educational assistants shall at all times while in the
performance of their duties be under the supervision and direction
of a teacher as defined in section 3319.09 of the Revised Code.
Educational assistants may assist a teacher to whom assigned in
the supervision of pupils, in assisting with instructional tasks,
and in the performance of duties which, in the judgment of the
teacher to whom the assistant is assigned, may be performed by a
person not licensed pursuant to sections 3319.22 to 3319.30 of the
Revised Code and for which a teaching license, issued pursuant to
sections 3319.22 to 3319.30 of the Revised Code is not required.
The duties of an educational assistant shall not include the
assignment of grades to pupils. The duties of an educational
assistant need not be performed in the physical presence of the
teacher to whom assigned, but the activity of an educational
assistant shall at all times be under the direction of the teacher
to whom assigned. The assignment of an educational assistant need
not be limited to assisting a single teacher. In the event an
educational assistant is assigned to assist more than one teacher
the assignments shall be clearly delineated and so arranged that
the educational assistant shall never be subject to simultaneous
supervision or direction by more than one teacher.
Educational assistants assigned to supervise children shall,
when the teacher to whom assigned is not physically present,
maintain the degree of control and discipline that would be
maintained by the teacher.
Educational assistants may not be used in place of classroom
teachers or other employees and any payment of compensation by
boards of education to educational assistants for such services is
prohibited. The ratio between the number of licensed teachers and
the pupils in a school district may not be decreased by
utilization of educational assistants and no grouping, or other
organization of pupils, for utilization of educational assistants
shall be established which is inconsistent with sound educational
practices and procedures. A school district may employ up to one
full time equivalent educational assistant for each six full time
equivalent licensed employees of the district. Educational
assistants shall not be counted as licensed employees for purposes
of state support in the school foundation program and no grouping
or regrouping of pupils with educational assistants may be counted
as a class or unit for school foundation program purposes. Neither
special courses required by the regulations of the state board of
education, prescribing minimum qualifications of education for an
educational assistant, nor years of service as an educational
assistant shall be counted in any way toward qualifying for a
teacher license, or for a teacher contract of any type, or for
determining placement on a salary schedule in a school district as
a teacher.
(D) Educational assistants employed by a board of education
shall have all rights, benefits, and legal protection available to
other nonteaching employees in the school district, except that
provisions of Chapter 124. of the Revised Code shall not apply to
any person employed as an educational assistant, and shall be
members of the school employees retirement system. Educational
assistants shall be compensated according to a salary plan adopted
annually by the board.
Except as provided in this section nonteaching employees
shall not serve as educational assistants without first obtaining
an appropriate educational aide permit or educational
paraprofessional license from the state board of education. A
nonteaching employee who is the holder of a valid educational aide
permit or educational paraprofessional license shall neither
render nor be required to render services inconsistent with the
type of services authorized by the permit or license held. No
person shall receive compensation from a board of education for
services rendered as an educational assistant in violation of this
provision.
Nonteaching employees whose functions are solely
secretarial-clerical and who do not perform any other duties as
educational assistants, even though they assist a teacher and work
under the direction of a teacher shall not be required to hold a
permit or license issued pursuant to this section. Students
preparing to become licensed teachers or educational assistants
shall not be required to hold an educational aide permit or
paraprofessional license for such periods of time as such students
are assigned, as part of their training program, to work with a
teacher in a school district. Such students shall not be
compensated for such services.
Following the determination of the assignment and general job
description of an educational assistant and subject to supervision
by the teacher's immediate administrative officer, a teacher to
whom an educational assistant is assigned shall make all final
determinations of the duties to be assigned to such assistant.
Teachers shall not be required to hold a license designated for
being a supervisor or administrator in order to perform the
necessary supervision of educational assistants.
(E) No person who is, or who has been employed as an
educational assistant shall divulge, except to the teacher to whom
assigned, or the administrator of the school in the absence of the
teacher to whom assigned, or when required to testify in a court
or proceedings, any personal information concerning any pupil in
the school district which was obtained or obtainable by the
educational assistant while so employed. Violation of this
provision is grounds for disciplinary action or dismissal, or
both.
Sec. 3319.11. (A) As used in this section:
(1) "Evaluation procedures" means the procedures required by
the policy adopted pursuant to division (B)(A) of section 3319.111
of the Revised Code.
(2) "Limited contract" means a limited contract, as described
in section 3319.08 of the Revised Code, that a school district
board of education or governing board of an educational service
center enters into with a teacher who is not eligible for
continuing service status.
(3) "Extended limited contract" means a limited contract, as
described in section 3319.08 of the Revised Code, that a board of
education or governing board enters into with a teacher who is
eligible for continuing service status.
(B) Teachers eligible for continuing service status in any
city, exempted village, local, or joint vocational school district
or educational service center shall be those teachers qualified as
described in division (D)(E) of section 3319.08 of the Revised
Code, who within the last five years prior to the effective date
of this amendment have taught for at least three years in the
district or center, and those teachers who, having attained
continuing contract status elsewhere, have served two years in the
district or center, but the board, upon the recommendation of the
superintendent, may at the time of employment or at any time
within such two-year period, declare any of the latter teachers
eligible. Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this paragraph
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after the effective date of this
amendment.
(1) Upon the recommendation of the superintendent that a
teacher eligible for continuing service status be reemployed, a
continuing contract shall be entered into between the board and
the teacher unless the board by a three-fourths vote of its full
membership rejects the recommendation of the superintendent. If
the board rejects by a three-fourths vote of its full membership
the recommendation of the superintendent that a teacher eligible
for continuing service status be reemployed and the superintendent
makes no recommendation to the board pursuant to division (C) of
this section, the board may declare its intention not to reemploy
the teacher by giving the teacher written notice on or before the
thirtieth day of April of its intention not to reemploy the
teacher. If evaluation procedures have not been complied with
pursuant to division (A) of section 3319.111 of the Revised Code
or the board does not give the teacher written notice on or before
the thirtieth day of April of its intention not to reemploy the
teacher, the teacher is deemed reemployed under an extended
limited contract for a term not to exceed one year of two years at
the same salary plus any increment provided by the salary
schedule. The teacher is presumed to have accepted employment
under the extended limited contract for a term not to exceed one
year of two years unless such teacher notifies the board in
writing to the contrary on or before the first day of June, and an
extended limited contract for a term
not to exceed one year of
two years shall be executed accordingly. Upon any subsequent
reemployment of the teacher only a continuing contract may be
entered into.
(2) If the superintendent recommends that a teacher eligible
for continuing service status not be reemployed, the board may
declare its intention not to reemploy the teacher by giving the
teacher written notice on or before the thirtieth day of April of
its intention not to reemploy the teacher. If evaluation
procedures have not been complied with pursuant to division (A) of
section 3319.111 of the Revised Code or the board does not give
the teacher written notice on or before the thirtieth day of April
of its intention not to reemploy the teacher, the teacher is
deemed reemployed under an extended limited contract for a term
not to exceed one year of two years at the same salary plus any
increment provided by the salary schedule. The teacher is presumed
to have accepted employment under the extended limited contract
for a term
not to exceed one year of two years unless such
teacher notifies the board in writing to the contrary on or before
the first day of June, and an extended limited contract for a term
not to exceed one year of two years shall be executed accordingly.
Upon any subsequent reemployment of a teacher only a continuing
contract may be entered into.
(3) Any teacher receiving written notice of the intention of
a board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(C)(1) If a board rejects the recommendation of the
superintendent for reemployment of a teacher pursuant to division
(B)(1) of this section, the superintendent may recommend
reemployment of the teacher, if continuing service status has not
previously been attained elsewhere, under an extended limited
contract for a term not to exceed of two years, provided that
written notice of the superintendent's intention to make such
recommendation has been given to the teacher with reasons directed
at the professional improvement of the teacher on or before the
thirtieth day of April. Upon subsequent reemployment of the
teacher only a continuing contract may be entered into.
(2) If a board of education takes affirmative action on a
superintendent's recommendation, made pursuant to division (C)(1)
of this section, of an extended limited contract for a term not to
exceed two years but the board does not give the teacher written
notice of its affirmative action on the superintendent's
recommendation of an extended limited contract on or before the
thirtieth day of April, the teacher is deemed reemployed under a
continuing contract at the same salary plus any increment provided
by the salary schedule. The teacher is presumed to have accepted
employment under such continuing contract unless such teacher
notifies the board in writing to the contrary on or before the
first day of June, and a continuing contract shall be executed
accordingly.
(3) A board shall not reject a superintendent's
recommendation, made pursuant to division (C)(1) of this section,
of an extended limited contract for a term not to exceed two years
except by a three-fourths vote of its full membership. If a board
rejects by a three-fourths vote of its full membership the
recommendation of the superintendent of an extended limited
contract for a term not to exceed two years, the board may declare
its intention not to reemploy the teacher by giving the teacher
written notice on or before the thirtieth day of April of its
intention not to reemploy the teacher. If evaluation procedures
have not been complied with pursuant to division (A) of section
3319.111 of the Revised Code or if the board does not give the
teacher written notice on or before the thirtieth day of April of
its intention not to reemploy the teacher, the teacher is deemed
reemployed under an extended limited contract for a term not to
exceed one year of two years at the same salary plus any increment
provided by the salary schedule. The teacher is presumed to have
accepted employment under the extended limited contract for a term
not to exceed one year of two years unless such teacher notifies
the board in writing to the contrary on or before the first day of
June, and an extended limited contract for a term not to exceed
one year of two years shall be executed accordingly. Upon any
subsequent reemployment of the teacher only a continuing contract
may be entered into.
Any teacher receiving written notice of the intention of a
board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(D) A teacher eligible for continuing contract status
employed under an extended limited contract pursuant to division
(B) or (C) of this section, is, at the expiration of such extended
limited contract, deemed reemployed under a continuing contract at
the same salary plus any increment granted by the salary schedule,
unless evaluation procedures have been complied with pursuant to
division (A) of section 3319.111 of the Revised Code and the
employing board, acting on the superintendent's recommendation
that the teacher not be reemployed, gives the teacher written
notice on or before the thirtieth day of April of its intention
not to reemploy such teacher. A teacher who does not have
evaluation procedures applied in compliance with division (A) of
section 3319.111 of the Revised Code or who does not receive
notice on or before the thirtieth day of April of the intention of
the board not to reemploy such teacher is presumed to have
accepted employment under a continuing contract unless such
teacher notifies the board in writing to the contrary on or before
the first day of June, and a continuing contract shall be executed
accordingly.
Any teacher receiving a written notice of the intention of a
board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(E) A The board shall enter into a limited contract may be
entered into by each board with each teacher who has not been in
the employ of the board for at least three years and shall be
entered into, regardless of length of previous employment, with
each teacher employed by the board who is not eligible to be
considered for a continuing contract.
Any teacher employed under a limited contract, and not
eligible to be considered for a continuing contract, is, at the
expiration of such limited contract, considered reemployed under
the provisions of this division at the same salary plus any
increment provided by the salary schedule unless evaluation
procedures have been complied with pursuant to division (A) of
section 3319.111 of the Revised Code and the employing board,
acting upon the superintendent's written recommendation that the
teacher not be reemployed, gives such teacher written notice of
its intention not to reemploy such teacher on or before the
thirtieth day of April. A teacher who does not have evaluation
procedures applied in compliance with division (A) of section
3319.111 of the Revised Code or who does not receive notice of the
intention of the board not to reemploy such teacher on or before
the thirtieth day of April is presumed to have accepted such
employment unless such teacher notifies the board in writing to
the contrary on or before the first day of June, and a written
contract for the succeeding school year shall be executed
accordingly.
Any teacher receiving a written notice of the intention of a
board not to reemploy such teacher pursuant to this division is
entitled to the hearing provisions of division (G) of this
section.
(F) The failure of a superintendent to make a recommendation
to the board under any of the conditions set forth in divisions
(B) to (E) of this section, or the failure of the board to give
such teacher a written notice pursuant to divisions (C) to (E) of
this section shall not prejudice or prevent a teacher from being
deemed reemployed under either a limited or continuing contract as
the case may be under the provisions of this section. A failure of
the parties to execute a written contract shall not void any
automatic reemployment provisions of this section.
(G)(1) Any teacher receiving written notice of the intention
of a board of education not to reemploy such teacher pursuant to
division (B), (C)(3), (D), or (E) of this section may, within ten
days of the date of receipt of the notice, file with the treasurer
of the board a written demand for a written statement describing
the circumstances that led to the board's intention not to
reemploy the teacher.
(2) The treasurer of a board, on behalf of the board, shall,
within ten days of the date of receipt of a written demand for a
written statement pursuant to division (G)(1) of this section,
provide to the teacher a written statement describing the
circumstances that led to the board's intention not to reemploy
the teacher.
(3) Any teacher receiving a written statement describing the
circumstances that led to the board's intention not to reemploy
the teacher pursuant to division (G)(2) of this section may,
within five days of the date of receipt of the statement, file
with the treasurer of the board a written demand for a hearing
before the board pursuant to divisions (G)(4) to (6) of this
section.
(4) The treasurer of a board, on behalf of the board, shall,
within ten days of the date of receipt of a written demand for a
hearing pursuant to division (G)(3) of this section, provide to
the teacher a written notice setting forth the time, date, and
place of the hearing. The board shall schedule and conclude the
hearing within forty days of the date on which the treasurer of
the board receives a written demand for a hearing pursuant to
division (G)(3) of this section.
(5) Any hearing conducted pursuant to this division shall be
conducted by a majority of the members of the board. The hearing
shall be held in executive session of the board unless the board
and the teacher agree to hold the hearing in public. The
superintendent, assistant superintendent, the teacher, and any
person designated by either party to take a record of the hearing
may be present at the hearing. The board may be represented by
counsel and the teacher may be represented by counsel or a
designee. A record of the hearing may be taken by either party at
the expense of the party taking the record.
(6) Within ten days of the conclusion of a hearing conducted
pursuant to this division, the board shall issue to the teacher a
written decision containing an order affirming the intention of
the board not to reemploy the teacher reported in the notice given
to the teacher pursuant to division (B), (C)(3), (D), or (E) of
this section or an order vacating the intention not to reemploy
and expunging any record of the intention, notice of the
intention, and the hearing conducted pursuant to this division.
(7) A teacher may appeal an order affirming the intention of
the board not to reemploy the teacher to the court of common pleas
of the county in which the largest portion of the territory of the
school district or service center is located, within thirty days
of the date on which the teacher receives the written decision, on
the grounds that the board has not complied with this section or
section 3319.111 of the Revised Code.
Notwithstanding section 2506.04 of the Revised Code, the
court in an appeal under this division is limited to the
determination of procedural errors and to ordering the correction
of procedural errors and shall have no jurisdiction to order a
board to reemploy a teacher, except that the court may order a
board to reemploy a teacher in compliance with the requirements of
division (B), (C)(3), (D), or (E) of this section when the court
determines that evaluation procedures have not been complied with
pursuant to division (A) of section 3319.111 of the Revised Code
or the board has not given the teacher written notice on or before
the thirtieth day of April of its intention not to reemploy the
teacher pursuant to division (B), (C)(3), (D), or (E) of this
section. Otherwise, the determination whether to reemploy or not
reemploy a teacher is solely a board's determination and not a
proper subject of judicial review and, except as provided in this
division, no decision of a board whether to reemploy or not
reemploy a teacher shall be invalidated by the court on any basis,
including that the decision was not warranted by the results of
any evaluation or was not warranted by any statement given
pursuant to division (G)(2) of this section.
No appeal of an order of a board may be made except as
specified in this division.
(H)(1) In giving a teacher any notice required by division
(B), (C), (D), or (E) of this section, the board or the
superintendent shall do either of the following:
(a) Deliver the notice by personal service upon the teacher;
(b) Deliver the notice by certified mail, return receipt
requested, addressed to the teacher at the teacher's place of
employment and deliver a copy of the notice by certified mail,
return receipt requested, addressed to the teacher at the
teacher's place of residence.
(2) In giving a board any notice required by division (B),
(C), (D), or (E) of this section, the teacher shall do either of
the following:
(a) Deliver the notice by personal delivery to the office of
the superintendent during regular business hours;
(b) Deliver the notice by certified mail, return receipt
requested, addressed to the office of the superintendent and
deliver a copy of the notice by certified mail, return receipt
requested, addressed to the president of the board at the
president's place of residence.
(3) When any notice and copy of the notice are mailed
pursuant to division (H)(1)(b) or (2)(b) of this section, the
notice or copy of the notice with the earlier date of receipt
shall constitute the notice for the purposes of division (B), (C),
(D), or (E) of this section.
(I) The provisions of this section shall not apply to any
supplemental written contracts entered into pursuant to section
3319.08 of the Revised Code.
Sec. 3319.111. (A) Any Not later than July 1, 2012, the
board of education that of each school district, in consultation
with teachers employed by the board, shall adopt a policy for the
evaluation of teachers that complies with this section. The board
shall submit its policy to the superintendent of public
instruction for approval prior to implementing the policy.
The policy shall utilize the framework for evaluation of
teachers developed under section 3319.112 of the Revised Code and
shall specify the relative weight of each factor described in
divisions (A)(1) to (3) of that section in the overall evaluation
and how each of those factors will be assessed. The policy may
require evaluations to include consideration of additional aspects
of teacher performance designated by the board. The policy shall
establish a teacher evaluation system that does the following:
(1) Requires at least fifty per cent of each evaluation to be
based on measures of student academic growth in accordance with
division (B) of this section;
(2) Is evidence-based and uses multiple measures of a
teacher's use of knowledge and skills and of students' academic
progress;
(3) Is aligned with the standards for teachers adopted under
section 3319.61 of the Revised Code;
(4) Provides statements of expectation for professional
performance and establishes specific criteria of expected job
performance in the areas of responsibility assigned to the
teacher;
(5) Requires observation of the teacher being evaluated by
the person conducting the evaluation on at least two occasions for
not less than thirty minutes on each occasion;
(6) Assigns evaluation ratings in accordance with the
standards and criteria established under division (B)(1) of
section 3319.112 of the Revised Code;
(7) Requires that each teacher be provided with a written
report of the results of the teacher's evaluation that includes
specific recommendations for any improvements needed in the
teacher's performance, suggestions for professional development
that will enhance future performance in areas that do not meet
expected performance levels, and information on how to obtain
assistance in making needed improvements.
(B) For the portion of a teacher's evaluation based on
measures of student academic growth, the following shall apply:
(1) When applicable to a teacher, those measures shall
include student performance on the assessments prescribed under
sections 3301.0710 and 3301.0712 of the Revised Code and the
value-added progress dimension prescribed by section 3302.021 of
the Revised Code. For teachers of grade levels and subjects for
which those measures are not applicable, the board shall
administer student assessments that measure mastery of the course
content for the appropriate grade level, which may include
nationally normed standardized assessments, industry certification
examinations, end-of-course examinations developed or selected by
the board, or assessments on the list developed under division
(B)(3) of section 3319.112 of the Revised Code.
(2) The board shall include growth data for students assigned
to the teacher during the three most recent school years. If less
than three years of growth data are available, the board shall use
the growth data for all of the school years for which it is
available and, notwithstanding division (A)(1) of this section and
section 3319.112 of the Revised Code, may elect to reduce the
portion of the teacher's evaluation based on student academic
growth to forty per cent of the total evaluation.
(C)(1) The board shall conduct an evaluation of each teacher
employed by the board at least once each school year, unless
division (C)(2) of this section applies. The evaluation shall be
completed by the first day of April and the teacher shall receive
a written report of the results of the evaluation by the tenth day
of April.
(2) If the board has entered into any a limited contract or
extended limited contract with a the teacher pursuant to section
3319.11 of the Revised Code, the board shall evaluate such a the
teacher in compliance with the requirements of this section at
least twice in any school year in which the board may wish to
declare its intention not to re-employ the teacher pursuant to
division (B), (C)(3), (D), or (E) of that section 3319.11 of the
Revised Code.
This evaluation shall be conducted at least twice in the
school year in which the board may wish to declare its intention
not to re-employ the teacher. One evaluation shall be conducted
and completed not later than the fifteenth day of January and the
teacher being evaluated shall receive a written report of the
results of this evaluation not later than the twenty-fifth day of
January. One evaluation shall be conducted and completed between
the tenth day of February and the first day of April and the
teacher being evaluated shall receive a written report of the
results of this evaluation not later than the tenth day of April.
Any (D) Each evaluation conducted pursuant to this section
shall be conducted by one or more of the following:
(1) A person who is under contract with a the board of
education pursuant to section 3319.01 or 3319.02 of the Revised
Code and holds a license designated for being a superintendent,
assistant superintendent, or principal issued under section
3319.22 of the Revised Code;
(2) A person who is under contract with a the board of
education pursuant to section 3319.02 of the Revised Code and
holds a license designated for being a vocational director or a
supervisor in any educational area issued under section 3319.22 of
the Revised Code;
(3) A person designated to conduct evaluations under an
agreement providing for peer review entered into by a the board of
education and representatives of teachers employed by that the
board.
(B) Any board of education evaluating a teacher pursuant to
this section shall adopt evaluation procedures that shall be
applied each time a teacher is evaluated pursuant to this section.
These evaluation procedures shall include, but not be limited to:
(1) Criteria of expected job performance in the areas of
responsibility assigned to the teacher being evaluated;
(2) Observation of the teacher being evaluated by the person
conducting the evaluation on at least two occasions for not less
than thirty minutes on each occasion;
(3) A written report of the results of the evaluation that
includes specific recommendations regarding any improvements
needed in the performance of the teacher being evaluated and
regarding the means by which the teacher may obtain assistance in
making such improvements.
(C)(E) The board shall use the evaluations conducted under
this section to inform decisions about compensation, nonrenewal of
employment contracts, termination, reductions in force, and
professional development.
(F) If a teacher who has been granted a continuing contract
under section 3319.08 of the Revised Code receives an evaluation
rating of unsatisfactory for two consecutive years or for two of
three consecutive years, receives an evaluation rating of needs
improvement for three consecutive years, or receives a combination
of evaluation ratings of needs improvement and unsatisfactory for
three consecutive years, the board shall revoke that contract and
shall only enter into a limited contract with the teacher for any
subsequent school years in which the board employs the teacher.
(G) The board annually shall submit to the department of
education the results of teacher evaluations conducted under this
section and principal evaluations conducted under section 3319.02
of the Revised Code. The results shall be disaggregated by the
evaluation ratings prescribed under division (B)(1) of section
3319.112 of the Revised Code, but shall not identify any teacher
or principal.
(H) The board, its members, and any person conducting an
evaluation on behalf of the board in good faith and in accordance
with this section shall be immune from any civil liability that
otherwise might be incurred or imposed for injury, death, or loss
to person or property as a result of conducting the evaluation.
(I) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the requirements of this section
prevail over any conflicting provisions of a collective bargaining
agreement entered into on or after the effective date of this
section.
(J) This section does not apply to teachers superintendents
and administrators subject to evaluation procedures under sections
3319.01 and 3319.02 of the Revised Code or to any teacher employed
as a substitute for less than one hundred twenty days during a
school year pursuant to section 3319.10 of the Revised Code.
Sec. 3319.112. (A) Not later than December 31, 2011, the
superintendent of public instruction shall develop a framework for
the evaluation of teachers. The framework shall require at least
fifty per cent of each evaluation to be based on measures of
student academic growth.
The framework shall require each evaluation to consider the
following additional factors, but it shall not designate the
weight of any factor or prescribe a specific method of assessing
any factor:
(1) Quality of instructional practice, which may be
determined by announced and unannounced classroom observations and
examinations of samples of work, such as lesson plans or
assessments designed by the teacher;
(2) Communication and professionalism, including how well the
teacher interacts with students, parents, other school employees,
and members of the community;
(3) Parent and student satisfaction, which may be measured by
surveys, questionnaires, or other forms of soliciting feedback.
(B) For purposes of the framework developed under this
section, the superintendent of public instruction also shall do
all of the following:
(1) Develop specific standards and criteria that distinguish
between the following levels of performance for teachers and
principals for the purpose of assigning ratings on the evaluations
conducted under sections 3319.02 and 3319.111 of the Revised Code:
(2) Designate a standard of student academic growth that a
teacher or principal must meet to be rated at each of the
performance levels prescribed by division (B)(1) of this section;
(3) Develop a list of assessments for optional use by school
districts to measure student academic growth for grade levels and
subjects for which the assessments prescribed under sections
3301.0710 and 3301.0712 of the Revised Code and the value-added
progress dimension prescribed by section 3302.021 of the Revised
Code do not apply.
(C) The superintendent of public instruction shall consult
with experts, teachers and principals employed in public schools,
and representatives of stakeholder groups in developing the
standards and criteria required by division (B)(1) of this
section.
(D) Not later than November 1, 2012, the superintendent of
public instruction shall approve or disapprove each evaluation
policy submitted under section 3319.111 of the Revised Code. If
the superintendent disapproves a policy, the superintendent shall
provide recommendations for policy revisions that will enable the
policy to be approved.
(E) Not later than December 1, 2013, and annually thereafter,
the department of education shall issue a report of the evaluation
results submitted under division (G) of section 3319.111 of the
Revised Code for the previous school year. The report shall
include the percentage of teachers and principals who receive each
evaluation rating specified in division (B)(1) of this section,
disaggregated by school district and by public school. The
department shall post the report on its web site.
(F) To assist school districts in developing evaluation
policies under sections 3319.02 and 3319.111 of the Revised Code,
the department shall do both of the following:
(1) Serve as a clearinghouse of promising evaluation
procedures and evaluation models that districts may use;
(2) Provide technical assistance to districts in creating
evaluation policies.
Sec. 3319.113. (A) This section applies to any teacher
employed by a school district who has received a rating of needs
improvement or unsatisfactory on the teacher's most recent
evaluation conducted under section 3319.111 of the Revised Code.
(B) In assigning teachers to schools under section 3319.01 of
the Revised Code, the superintendent of a school district shall
not assign a teacher to whom this section applies to a school
unless both the teacher and the principal of the school consent to
the assignment.
(C) If the superintendent is unable to assign a teacher to
whom this section applies to a school because the mutual consent
required by division (B) of this section has not been obtained,
the district board of education may place the teacher on unpaid
leave until the superintendent is able to assign the teacher to a
school. If the mutual consent is subsequently obtained and the
teacher is assigned to a school, the board shall pay the teacher
at least the same salary the teacher was paid immediately prior to
the unpaid leave.
(D) If a teacher to whom this section applies has been placed
on unpaid leave under division (C) of this section and has not
been assigned to a school after a period of one year on that
leave, notwithstanding anything in section 3319.16 of the Revised
Code to the contrary, the district board may terminate the
teacher's contract under that section.
Sec. 3319.14. Any teacher who has left, or leaves, a
teaching position, by resignation or otherwise, and within forty
school days thereafter entered, or enters, the uniformed services
and whose service is terminated in a manner other than as
described in section 4304 of Title 38 of the United States Code,
"Uniformed Services Employment and Reemployment Rights Act of
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by
the board of education of the district in which the teacher held
such teaching position, under the same type of contract as that
which the teacher last held in such district, if the teacher
applies to the board of education for reemployment in accordance
with the "Uniformed Services Employment and Reemployment Rights
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such
application, the teacher shall be reemployed at the first of the
next school semester, if the application is made not less than
thirty days prior to the first of the next school semester, in
which case the teacher shall be reemployed the first of the
following school semester, unless the board of education waives
the requirement for the thirty-day period.
For the purposes of seniority and placement on the salary
schedule, years of absence performing service in the uniformed
services shall be counted as though teaching service had been
performed during such time.
The board of education of the district in which such teacher
was employed and is reemployed under this section may suspend the
contract of the teacher whose services become unnecessary by
reason of the return of a teacher from service in the uniformed
services in accordance with section 3319.17 or 3319.171 of the
Revised Code.
Sec. 3319.16. The (A)(1) Except as provided in division (E)
of this section, the contract of any teacher employed by the board
of education of any city, exempted village, local, county, or
joint vocational school district may not be terminated except for
good and just cause. Notwithstanding The state board of education
shall adopt rules defining good and just cause, which shall
include, but is not limited to, the following:
(b) A conviction of, a finding of guilt for, or a plea of
guilty to an offense involving moral turpitude or an offense
described in section 2921.41, 2921.42, 2921.43, or 2921.44 of the
Revised Code;
(d) Gross insubordination;
(e) Willful neglect of duty;
(f) An evaluation rating of unsatisfactory under section
3319.111 of the Revised Code for two consecutive years, an
evaluation rating of unsatisfactory under that section for two of
three consecutive years, an evaluation rating of needs improvement
under that section for three consecutive years, or a combination
of evaluation ratings under that section of needs improvement and
unsatisfactory for three consecutive years.
(2) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the:
(a) The provisions of this section relating to the grounds
for termination of the contract of a teacher, as they existed
prior to the effective date of this amendment, prevail over any
conflicting provisions of a collective bargaining agreement
entered into after the effective date of this amendment between
October 16, 2009, and that effective date.
(b) The provisions of this section relating to the grounds
for termination of the contract of a teacher, as they exist on and
after the effective date of this amendment, prevail over any
conflicting provisions of a collective bargaining agreement
entered into on or after that effective date.
(B) Before terminating any contract, the employing board
shall furnish the teacher a written notice signed by its treasurer
of its intention to consider the termination of the teacher's
contract with full specification of the grounds for such
consideration. The board shall not proceed with formal action to
terminate the contract until after the tenth day after receipt of
the notice by the teacher. Within ten days after receipt of the
notice from the treasurer of the board, the teacher may file with
the treasurer a written demand for a hearing before the board or
before a referee, and the board shall set a time for the hearing
which shall be within thirty days from the date of receipt of the
written demand, and the treasurer shall give the teacher at least
twenty days' notice in writing of the time and place of the
hearing. If a referee is demanded by either the teacher or board,
the treasurer also shall give twenty days' notice to the
superintendent of public instruction. No hearing shall be held
during the summer vacation without the teacher's consent. The
hearing shall be private unless the teacher requests a public
hearing. The hearing shall be conducted by a referee appointed
pursuant to section 3319.161 of the Revised Code, if demanded;
otherwise, it shall be conducted by a majority of the members of
the board and shall be confined to the grounds given for the
termination. The board shall provide for a complete stenographic
record of the proceedings, a copy of the record to be furnished to
the teacher. The board may suspend a teacher pending final action
to terminate the teacher's contract if, in its judgment, the
character of the charges warrants such action.
Both parties may be present at such hearing, be represented
by counsel, require witnesses to be under oath, cross-examine
witnesses, take a record of the proceedings, and require the
presence of witnesses in their behalf upon subpoena to be issued
by the treasurer of the board. In case of the failure of any
person to comply with a subpoena, a judge of the court of common
pleas of the county in which the person resides, upon application
of any interested party, shall compel attendance of the person by
attachment proceedings as for contempt. Any member of the board
or
the referee may administer oaths to witnesses. After a hearing by
a referee, the referee shall file a report within ten days after
the termination of the hearing. After consideration of the
referee's report, the board, by a majority vote, may accept or
reject the referee's recommendation on the termination of the
teacher's contract. After a hearing by the board, the board, by
majority vote, may enter its determination upon its minutes. Any
order of termination of a contract shall state the grounds for
termination. If the decision, after hearing, is against
termination of the contract, the charges and the record of the
hearing shall be physically expunged from the minutes, and, if the
teacher has suffered any loss of salary by reason of being
suspended, the teacher shall be paid the teacher's full salary for
the period of such suspension.
Any teacher affected by an order of termination of contract
may appeal to the court of common pleas of the county in which the
school is located in accordance with division (C) of this section
or request execution of the grievance procedure specified in any
collective bargaining agreement that is applicable to the teacher,
but may not do both. Notwithstanding any provision to the contrary
in Chapter 4117. of the Revised Code, the provisions of this
paragraph prevail over any conflicting provisions of a collective
bargaining agreement entered into on or after the effective date
of this amendment.
(C) An appeal of the board's order of termination to the
court of common pleas shall be filed within thirty days after
receipt of notice of the entry of such order. The appeal shall be
an original action in the court and shall be commenced by the
filing of a complaint against the board, in which complaint the
facts shall be alleged upon which the teacher relies for a
reversal or modification of such order of termination of contract.
Upon service or waiver of summons in that appeal, the board
immediately shall transmit to the clerk of the court for filing a
transcript of the original papers filed with the board, a
certified copy of the minutes of the board into which the
termination finding was entered, and a certified transcript of all
evidence adduced at the hearing or hearings before the board
or a
certified transcript of all evidence adduced at the hearing or
hearings before the referee, whereupon the cause shall be at issue
without further pleading and shall be advanced and heard without
delay. The court shall examine the transcript and record of the
hearing and shall hold such additional hearings as it considers
advisable, at which it may consider other evidence in addition to
the transcript and record.
Upon final hearing, the court shall grant or deny the relief
prayed for in the complaint as may be proper in accordance with
the evidence adduced in the hearing. Such an action is a special
proceeding, and either the teacher or the board may appeal from
the decision of the court of common pleas pursuant to the Rules of
Appellate Procedure and, to the extent not in conflict with those
rules, Chapter 2505. of the Revised Code.
In any court action, the board may utilize the services of
the prosecuting attorney, village solicitor, city director of law,
or other chief legal officer of a municipal corporation as
authorized by section 3313.35 of the Revised Code, or may employ
other legal counsel.
(D) A violation of division (A)(7) of section 2907.03 of the
Revised Code is grounds for termination of a teacher contract
under this section.
(E) A board may terminate the contract of a teacher without
good and just cause at any time in the teacher's first year of
employment with the board, if the board has entered into a
one-year contract with the teacher under section 3319.08 of the
Revised Code. In the case of a termination under this division,
the teacher shall not be entitled to the due process procedures
prescribed by divisions (B) and (C) of this section.
Sec. 3319.17. (A) As used in this section, "interdistrict
contract" means any contract or agreement entered into by an
educational service center governing board and another board or
other public entity pursuant to section 3313.17, 3313.841,
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the
Revised Code, including any such contract or agreement for the
provision of services funded under division (I)(E) of section
3317.024 of the Revised Code or provided in any unit approved
under section 3317.05 of the Revised Code.
(B) When, for any of the following reasons that apply to any
city, exempted village, local, or joint vocational school district
or any educational service center, the board decides that it will
be necessary to reduce the number of teachers it employs, it may
make a reasonable reduction:
(1) In the case of any district or service center, return to
duty of regular teachers after leaves of absence including leaves
provided pursuant to division (B) of section 3314.10 of the
Revised Code, suspension of schools, territorial changes affecting
the district or center, or financial reasons;
(2) In the case of any city, exempted village, local, or
joint vocational school district, decreased enrollment of pupils
in the district;
(3) In the case of any governing board of a service center
providing any particular service directly to pupils pursuant to
one or more interdistrict contracts requiring such service,
reduction in the total number of pupils the governing board is
required to provide with the service under all interdistrict
contracts as a result of the termination or nonrenewal of one or
more of these interdistrict contracts;
(4) In the case of any governing board providing any
particular service that it does not provide directly to pupils
pursuant to one or more interdistrict contracts requiring such
service, reduction in the total level of the service the governing
board is required to provide under all interdistrict contracts as
a result of the termination or nonrenewal of one or more of these
interdistrict contracts.
(C) In making any such reduction, any city, exempted village,
local, or joint vocational school the district board or service
center governing board shall proceed to suspend contracts in
accordance with the recommendation of the superintendent of
schools who shall, within each teaching field affected, give
preference first to teachers on continuing contracts and then to
teachers who have greater seniority. In making any such reduction,
any governing board of a service center shall proceed to suspend
contracts in accordance with the recommendation of the
superintendent who shall, within each teaching field or service
area affected, give preference first to teachers on continuing
contracts and then to teachers who have greater seniority. The
board shall consider evaluations conducted under section 3319.111
of the Revised Code in determining the order of reductions under
this section. Within the teaching field or service area affected,
the board shall suspend teachers with evaluation ratings of
unsatisfactory first, teachers with evaluation ratings of needs
improvement second, teachers with evaluation ratings of effective
third, and teachers with evaluation ratings of highly effective
last, until all necessary reductions have occurred. The board
shall not give preference in retention to any teacher based on
seniority.
On a case-by-case basis, in lieu of suspending a contract in
whole, a board may suspend a contract in part, so that an
individual is required to work a percentage of the time the
employee otherwise is required to work under the contract and
receives a commensurate percentage of the full compensation the
employee otherwise would receive under the contract.
The teachers whose continuing contracts are suspended by any
board pursuant to this section shall have the right of restoration
to continuing service status by that board in the order of
seniority of service in the district or service center if and when
teaching positions become vacant or are created for which any of
such teachers are or become qualified. No teacher whose continuing
contract has been suspended pursuant to this section shall lose
that right of restoration to continuing service status by reason
of having declined recall to a position that is less than
full-time or, if the teacher was not employed full-time just prior
to suspension of the teacher's continuing contract, to a position
requiring a lesser percentage of full-time employment than the
position the teacher last held while employed in the district or
service center.
(D) Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, the:
(1) The requirements of this section, as it existed prior to
the effective date of this amendment, prevail over any conflicting
provisions of agreements between employee organizations and public
employers entered into after between September 29, 2005, and that
effective date;
(2) The requirements of this section, as it exists on and
after the effective date of this amendment, prevail over any
conflicting provisions of agreements between employee
organizations and public employers entered into on or after that
effective date.
Sec. 3319.18. If an entire school district or that part of a
school district which comprises the territory in which a school is
situated is transferred to any other district, or if a new school
district is created, the teachers in such districts or schools
employed on continuing contracts immediately prior to such
transfer, or creation shall, subject to section 3319.17 or
3319.171 of the Revised Code, have continuing service status in
the newly created district, or in the district to which the
territory is transferred.
The limited contracts of the teachers employed in such
districts or schools immediately prior to such transfer, or
creation, shall become the legal obligations of the board of
education in the newly created district, or in the district to
which the territory is transferred, subject to section 3319.17 or
3319.171 of the Revised Code. The teaching experience of such
teachers in such prior districts or schools shall be included in
the three years of service required under section 3319.11 of the
Revised Code for a teacher to become eligible for continuing
service status.
Teachers employed on limited or continuing contracts in an
entire school district or that part of a school district which
comprises the territory in which a school is situated which is
transferred to any other district or which is merged with other
school territory to create a new school district, shall be placed,
on the effective date of such transfer or merger, on the salary
schedule of the district to which the territory is transferred or
the newly created district, according to their training and
experience. Such experience shall be the total sum of the years
taught in the district whose territory was transferred or merged
to create a new district, plus the total number of years of
teaching experience recognized by such previous district upon its
first employment of such teachers.
The placement of the teachers on the salary schedule,
pursuant to this section, shall not result, however, in the salary
of any teacher being less than the teacher's current annual salary
for regular duties, in existence immediately prior to the merger
or transfer.
In making any reduction in the number of teachers under
section 3319.17 of the Revised Code by reason of the transfer or
consolidation of school territory, the years of teaching service
of the teachers employed in the district or schools transferred to
any other district or merged with any school territory to create a
new district, shall be included as a part of the seniority on
which the recommendation of the superintendent of schools shall be
based, under section 3319.17 of the Revised Code. Such service
shall have been continuous and shall include years of service in
the previous district as well as the years of continuous service
in any district which had been previously transferred to or
consolidated to form such district. When suspending contracts in
accordance with an administrative personnel suspension policy
adopted under section 3319.171 of the Revised Code, a board may
consider years of teaching service in the previous district in its
decision if it is a part of the suspension policy.
Sec. 3319.19. (A) Except as provided in division (D) of this
section or division (A)(2) of section 3313.37 of the Revised Code,
upon request, the board of county commissioners shall provide and
equip offices in the county for the use of the superintendent of
an educational service center, and shall provide heat, light,
water, and janitorial services for such offices. Such offices
shall be the permanent headquarters of the superintendent and
shall be used by the governing board of the service center when it
is in session. Except as provided in division (B) of this section,
such offices shall be located in the county seat or, upon the
approval of the governing board, may be located outside of the
county seat.
(B) In the case of a service center formed under section
3311.053 or 3311.059 of the Revised Code, the governing board
shall designate the site of its offices. Except as provided in
division (D) of this section or division (A)(2) of section 3313.37
of the Revised Code, the board of county commissioners of the
county in which the designated site is located shall provide and
equip the offices as under division (A) of this section, but the
costs of such offices and equipment shall be apportioned among the
boards of county commissioners of all counties having any
territory in the area under the control of the governing board,
according to the proportion of local school district pupils under
the supervision of such board residing in the respective counties.
Where there is a dispute as to the amount any board of county
commissioners is required to pay, the probate judge of the county
in which the greatest number of pupils under the supervision of
the governing board reside shall apportion such costs among the
boards of county commissioners and notify each such board of its
share of the costs.
(C) As used in division (C) of this section, in the case of a
building, facility, or office space that a board of county
commissioners leases or rents, "actual cost per square foot" means
all cost on a per square foot basis incurred by the board under
the lease or rental agreement. In the case of a building,
facility, or office space that the board owns in fee simple,
"actual cost per square foot" means the fair rental value on a per
square foot basis of the building, facility, or office space
either as compared to a similarly situated building, facility, or
office space in the general vicinity or as calculated under a
formula that accounts for depreciation, amortization of
improvements, and other reasonable factors, including, but not
limited to, parking space and other amenities.
Not later than the thirty-first day of March of 2002, 2003,
2004, and 2005 a board of county commissioners required to provide
or equip offices pursuant to division (A) or (B) of this section
shall make a written estimate of the total cost it will incur for
the ensuing fiscal year to provide and equip the offices and to
provide heat, light, water, and janitorial services for such
offices. The total estimate of cost shall include:
(1) The total square feet of space to be utilized by the
educational service center;
(2) The total square feet of any common areas that should be
reasonably allocated to the center and the methodology for making
this allocation;
(3) The actual cost per square foot for both the space
utilized by and the common area allocated to the center;
(4) An explanation of the methodology used to determine the
actual cost per square foot;
(5) The estimated cost of providing heat, light, and water,
including an explanation of how these costs were determined;
(6) The estimated cost of providing janitorial services
including an explanation of the methodology used to determine this
cost;
(7) Any other estimated costs that the board anticipates it
will occur incur and a detailed explanation of the costs and the
rationale used to determine such costs.
A copy of the total estimate of costs under this division
shall be sent to the superintendent of the educational service
center not later than the fifth day of April. The superintendent
shall review the total estimate and shall notify the board of
county commissioners not later than twenty days after receipt of
the estimate of either agreement with the estimate or any specific
objections to the estimates and the reasons for the objections. If
the superintendent agrees with the estimate, it shall become the
final total estimate of cost. Failure of the superintendent to
make objections to the estimate by the twentieth day after receipt
of it shall be deemed to mean that the superintendent is in
agreement with the estimate.
If the superintendent provides specific objections to the
board of county commissioners, the board shall review the
objections and may modify the original estimate and shall send a
revised total estimate to the superintendent within ten days after
the receipt of the superintendent's objections. The superintendent
shall respond to the revised estimate within ten days after its
receipt. If the superintendent agrees with it, it shall become the
final total estimated cost. If the superintendent fails to respond
within the required time, the superintendent shall be deemed to
have agreed with the revised estimate. If the superintendent
disagrees with the revised estimate, the superintendent shall send
specific objections to the county commissioners.
If a superintendent has sent specific objections to the
revised estimate within the required time, the probate judge of
the county which has the greatest number of resident local school
district pupils under the supervision of the educational service
center shall determine the final estimated cost and certify this
amount to the superintendent and the board of county commissioners
prior to the first day of July.
(D)(1) A board of county commissioners shall be responsible
for the following percentages of the final total estimated cost
established by division (C) of this section:
(a) Eighty per cent for fiscal year 2003;
(b) Sixty per cent for fiscal year 2004;
(c) Forty per cent for fiscal year 2005;
(d) Twenty per cent for fiscal year 2006.
In fiscal years 2003, 2004, 2005, and 2006 the educational
service center shall be responsible for the remainder of any costs
in excess of the amounts specified in division (D)(1)(a),(b), (c),
or (d) of this section, as applicable, associated with the
provision and equipment of offices for the educational service
center and for provision of heat, light, water, and janitorial
services for such offices, including any unanticipated or
unexpected increases in the costs beyond the final estimated cost
amount.
Beginning in fiscal year 2007, no board of county
commissioners shall have any obligation to provide and equip
offices for an educational service center or to provide heat,
light, water, or janitorial services for such offices.
(2) Nothing in this section shall prohibit the board of
county commissioners and the governing board of an educational
service center from entering into a contract for providing and
equipping offices for the use of an educational service center and
for providing heat, light, water, and janitorial services for such
offices. The term of any such contract shall not exceed a period
of four years and may be renewed for additional periods not to
exceed four years. Any such contract shall supersede the
provisions of division (D)(1) of this section and no educational
service center may be charged, at any time, any additional amount
for the county's provision of an office and equipment, heat,
light, water, and janitorial services beyond the amount specified
in such contract.
(3) No contract entered into under division (D)(2) of this
section in any year prior to fiscal year 2007 between an
educational service center formed under section 3311.053 or
3311.059 of the Revised Code and the board of county commissioners
required to provide and equip its office pursuant to division (B)
of this section shall take effect unless the boards of county
commissioners of all other counties required to participate in the
funding for such offices pursuant to division (B) of this section
adopt resolutions approving the contract.
Sec. 3319.227. (A) This section applies only to a person who
meets the following conditions:
(1) Holds a minimum of a baccalaureate degree;
(2) Has been licensed and employed as a teacher in another
state for each of the preceding five years;
(3) Was initially licensed as a teacher in any state within
the preceding fifteen years;
(4) Has not had a teacher's license suspended or revoked in
any state.
(B)(1) Not later than July 1, 2012, the superintendent of
public instruction shall develop a list of states that the
superintendent considers to have standards for teacher licensure
that are inadequate to ensure that a person to whom this section
applies and who was most recently licensed to teach in that state
is qualified for a professional educator license issued under
section 3319.22 of the Revised Code.
(2) Following development of the list, the superintendent
shall establish a panel of experts to evaluate the adequacy of the
teacher licensure standards of each state on the list. Each person
selected by the superintendent to be a member of the panel shall
be approved by the state board of education. In evaluating the
superintendent's list, the panel shall provide an opportunity for
representatives of the department of education, or similar
state-level agency, of each state on the list to provide evidence
to refute the state's placement on the list.
Not later than April 1, 2013, the panel shall recommend to
the state board that the list be approved without changes or that
specified states be removed from the list prior to approval. Not
later than July 1, 2013, the state board shall approve a final
list of states with standards for teacher licensure that are
inadequate to ensure that a person to whom this section applies
and who was most recently licensed to teach in that state is
qualified for a professional educator license issued under section
3319.22 of the Revised Code.
(C) Except as otherwise provided in division (E)(1) of this
section, until the date on which the state board approves a final
list of states with inadequate teacher licensure standards under
division (B)(2) of this section, the state board shall issue a
one-year provisional educator license to any applicant to whom
this section applies. On and after that date, neither the state
board nor the department of education shall be party to any
reciprocity agreement with a state on that list that requires the
state board to issue a person to whom this section applies any
type of professional educator license on the basis of the person's
licensure and teaching experience in that state.
(D) Upon the expiration of a provisional license issued to a
person under division (C) of this section, the state board shall
issue the person a professional educator license, if the person
satisfies either of the following conditions:
(1) The person was issued the provisional license prior to
the development of the list by the state superintendent under
division (B)(1) of this section and, prior to issuance of the
provisional license, the person was most recently licensed to
teach by a state not on the superintendent's list or, if the final
list of states with inadequate teacher licensure standards has
been approved by the state board under division (B)(2) of this
section, by a state not on that list.
(2) All of the following apply to the person:
(a) Prior to obtaining the provisional license, the person
was most recently licensed to teach by a state on the
superintendent's list or, if the final list of states with
inadequate teacher licensure standards has been approved by the
state board under division (B)(2) of this section, by a state on
that list.
(b) The person was employed under the provisional license by
a school district; community school established under Chapter
3314. of the Revised Code; science, technology, engineering, and
mathematics school established under Chapter 3326. of the Revised
Code; or an entity contracted by such a district or school to
provide internet- or computer-based instruction or distance
learning programs to students.
(c) The district or school certifies to the state board that
the person's teaching was satisfactory while employed or
contracted by the district or school.
(E)(1) From July 1, 2012, until the date on which the state
board approves a final list of states with inadequate teacher
licensure standards under division (B)(2) of this section, the
state board shall issue a professional educator license to any
applicant to whom this section applies and who was most recently
licensed to teach by a state that is not on the list developed by
the state superintendent under division (B)(1) of this section.
(2) Beginning on the date on which the state board approves a
final list of states with inadequate teacher licensure standards
under division (B)(2) of this section, the state board shall issue
a professional educator license to any applicant to whom this
section applies and who was most recently licensed to teach by a
state that is not on that list.
Sec. 3319.26. (A) The state board of education shall adopt
rules establishing the standards and requirements for obtaining an
alternative resident educator license for teaching in grades four
to twelve, or the equivalent, in a designated subject area.
However, an alternative resident educator license in the area of
intervention specialist, as defined by rule of the state board,
shall be valid for teaching in grades kindergarten to twelve.
(B) The superintendent of public instruction and the
chancellor of the Ohio board of regents jointly shall develop an
intensive pedagogical training institute to provide instruction in
the principles and practices of teaching for individuals seeking
an alternative resident educator license. The instruction shall
cover such topics as student development and learning, pupil
assessment procedures, curriculum development, classroom
management, and teaching methodology.
(C) The rules adopted under this section shall require
applicants for the alternative resident educator license to
satisfy the following conditions prior to issuance of the license,
but they shall not require applicants to have completed a major in
the subject area for which application is being made:
(1) Hold a minimum of a baccalaureate degree;
(2) Successfully complete the pedagogical training institute
described in division (B) of this section;
(3) Pass an examination in the subject area for which
application is being made.
(D)(C) An alternative resident educator license shall be
valid for four years, except that the state board, on a
case-by-case basis, may extend the license's duration as necessary
to enable the license holder to complete the Ohio teacher
residency program established under section 3319.223 of the
Revised Code.
(E)(D) The rules shall require the holder of an alternative
resident educator license, as a condition of continuing to hold
the license, to do all of the following:
(1) Participate in the Ohio teacher residency program;
(2) Show satisfactory progress in taking and successfully
completing at one of the following:
(a) At least twelve additional semester hours, or the
equivalent, of college coursework in the principles and practices
of teaching in such topics as student development and learning,
pupil assessment procedures, curriculum development, classroom
management, and teaching methodology;
(b) Professional development provided to participants of a
teacher preparation program that is operated by a nonprofit
organization and has been approved by the chancellor of the Ohio
board of regents. The chancellor shall approve any such program
that requires participants to hold a bachelor's degree; have a
cumulative undergraduate grade point average of at least 2.5 out
of 4.0, or its equivalent; and successfully complete a summer
training institute.
(3) Take an assessment of professional knowledge in the
second year of teaching under the license.
(F)(E) The rules shall provide for the granting of a
professional educator license to a holder of an alternative
resident educator license upon successfully completing all of the
following:
(1) Four years of teaching under the alternative license;
(2) The twelve semester hours, or the equivalent, of the
additional college coursework or professional development
described in division (E)(D)(2) of this section;
(3) The assessment of professional knowledge described in
division (E)(D)(3) of this section. The standards for successfully
completing this assessment and the manner of conducting the
assessment shall be the same as for any other individual who is
required to take the assessment pursuant to rules adopted by the
state board under section 3319.22 of the Revised Code.
(4) The Ohio teacher residency program;
(5) All other requirements for a professional educator
license adopted by the state board under section 3319.22 of the
Revised Code.
Sec. 3319.31. (A) As used in this section and sections
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"
means a certificate, license, or permit described in this chapter
or in division (B) of section 3301.071 or in section 3301.074 of
the Revised Code.
(B) For any of the following reasons, the state board of
education, in accordance with Chapter 119. and section 3319.311 of
the Revised Code, may refuse to issue a license to an applicant;
may limit a license it issues to an applicant; may suspend,
revoke, or limit a license that has been issued to any person; or
may revoke a license that has been issued to any person and has
expired:
(1) Engaging in an immoral act, incompetence, negligence, or
conduct that is unbecoming to the applicant's or person's
position;
(2) A plea of guilty to, a finding of guilt by a jury or
court of, or a conviction of any of the following:
(a) A felony other than a felony listed in division (C) of
this section;
(b) An offense of violence other than an offense of violence
listed in division (C) of this section;
(c) A theft offense, as defined in section 2913.01 of the
Revised Code, other than a theft offense listed in division (C) of
this section;
(d) A drug abuse offense, as defined in section 2925.01 of
the Revised Code, that is not a minor misdemeanor, other than a
drug abuse offense listed in division (C) of this section;
(e) A violation of an ordinance of a municipal corporation
that is substantively comparable to an offense listed in divisions
(B)(2)(a) to (d) of this section.
(3) A judicial finding of eligibility for intervention in
lieu of conviction under section 2951.041 of the Revised Code, or
agreeing to participate in a pre-trial diversion program under
section 2935.36 of the Revised Code, or a similar diversion
program under rules of a court, for any offense listed in division
(B)(2) or (C) of this section;
(4) Failure to comply with section 3314.40, 3319.313,
3326.24, 3328.19, or 5126.253 of the Revised Code.
(C) Upon learning of a plea of guilty to, a finding of guilt
by a jury or court of, or a conviction of any of the offenses
listed in this division by a person who holds a current or expired
license or is an applicant for a license or renewal of a license,
the state board or the superintendent of public instruction, if
the state board has delegated the duty pursuant to division (D) of
this section, shall by a written order revoke the person's license
or deny issuance or renewal of the license to the person. The
state board or the superintendent shall revoke a license that has
been issued to a person to whom this division applies and has
expired in the same manner as a license that has not expired.
Revocation of a license or denial of issuance or renewal of a
license under this division is effective immediately at the time
and date that the board or superintendent issues the written order
and is not subject to appeal in accordance with Chapter 119. of
the Revised Code. Revocation of a license or denial of issuance or
renewal of license under this division remains in force during the
pendency of an appeal by the person of the plea of guilty, finding
of guilt, or conviction that is the basis of the action taken
under this division.
The state board or superintendent shall take the action
required by this division for a violation of division (B)(1), (2),
(3), or (4) of section 2919.22 of the Revised Code; a violation of
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11
of the Revised Code; a violation of section 2905.04 of the Revised
Code as it existed prior to July 1, 1996; a violation of section
2919.23 of the Revised Code that would have been a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, had the violation been committed prior to that date;
felonious sexual penetration in violation of former section
2907.12 of the Revised Code; or a violation of an ordinance of a
municipal corporation that is substantively comparable to an
offense listed in this paragraph.
(D) The state board may delegate to the superintendent of
public instruction the authority to revoke a person's license or
to deny issuance or renewal of a license to a person under
division (C) or (F) of this section.
(E)(1) If the plea of guilty, finding of guilt, or conviction
that is the basis of the action taken under division (B)(2) or (C)
of this section, or under the version of division (F) of section
3319.311 of the Revised Code in effect prior to the effective date
of this amendment September 12, 2008, is overturned on appeal,
upon exhaustion of the criminal appeal, the clerk of the court
that overturned the plea, finding, or conviction or, if
applicable, the clerk of the court that accepted an appeal from
the court that overturned the plea, finding, or conviction, shall
notify the state board that the plea, finding, or conviction has
been overturned. Within thirty days after receiving the
notification, the state board shall initiate proceedings to
reconsider the revocation or denial of the person's license in
accordance with division (E)(2) of this section. In addition, the
person whose license was revoked or denied may file with the state
board a petition for reconsideration of the revocation or denial
along with appropriate court documents.
(2) Upon receipt of a court notification or a petition and
supporting court documents under division (E)(1) of this section,
the state board, after offering the person an opportunity for an
adjudication hearing under Chapter 119. of the Revised Code, shall
determine whether the person committed the act in question in the
prior criminal action against the person that is the basis of the
revocation or denial and may continue the revocation or denial,
may reinstate the person's license, with or without limits, or may
grant the person a new license, with or without limits. The
decision of the board shall be based on grounds for revoking,
denying, suspending, or limiting a license adopted by rule under
division (G) of this section and in accordance with the
evidentiary standards the board employs for all other licensure
hearings. The decision of the board under this division is subject
to appeal under Chapter 119. of the Revised Code.
(3) A person whose license is revoked or denied under
division (C) of this section shall not apply for any license if
the plea of guilty, finding of guilt, or conviction that is the
basis of the revocation or denial, upon completion of the criminal
appeal, either is upheld or is overturned but the state board
continues the revocation or denial under division (E)(2) of this
section and that continuation is upheld on final appeal.
(F) The state board may take action under division (B) of
this section, and the state board or the superintendent shall take
the action required under division (C) of this section, on the
basis of substantially comparable conduct occurring in a
jurisdiction outside this state or occurring before a person
applies for or receives any license.
(G) The state board may adopt rules in accordance with
Chapter 119. of the Revised Code to carry out this section and
section 3319.311 of the Revised Code.
Sec. 3319.311. (A)(1) The state board of education, or the
superintendent of public instruction on behalf of the board, may
investigate any information received about a person that
reasonably appears to be a basis for action under section 3319.31
of the Revised Code, including information received pursuant to
section 3314.40, 3319.291, 3319.313, 3326.24, 3328.19, 5126.253,
or 5153.176 of the Revised Code. Except as provided in division
(A)(2) of this section, the board shall contract with the office
of the Ohio attorney general to conduct any investigation of that
nature. The board shall pay for the costs of the contract only
from moneys in the state board of education licensure fund
established under section 3319.51 of the Revised Code. Except as
provided in division (A)(2) of this section, all information
received pursuant to section 3314.40, 3319.291, 3319.313, 3326.24,
3328.19, 5126.253, or 5153.176 of the Revised Code, and all
information obtained during an investigation is confidential and
is not a public record under section 149.43 of the Revised Code.
If an investigation is conducted under this division regarding
information received about a person and no action is taken against
the person under this section or section 3319.31 of the Revised
Code within two years of the completion of the investigation, all
records of the investigation shall be expunged.
(2) In the case of a person about whom the board has learned
of a plea of guilty to, finding of guilt by a jury or court of, or
a conviction of an offense listed in division (C) of section
3319.31 of the Revised Code, or substantially comparable conduct
occurring in a jurisdiction outside this state, the board or the
superintendent of public instruction need not conduct any further
investigation and shall take the action required by division (C)
or (F) of that section. Except as provided in division (G) of this
section, all information obtained by the board or the
superintendent of public instruction pertaining to the action is a
public record under section 149.43 of the Revised Code.
(B) The superintendent of public instruction shall review the
results of each investigation of a person conducted under division
(A)(1) of this section and shall determine, on behalf of the state
board, whether the results warrant initiating action under
division (B) of section 3319.31 of the Revised Code. The
superintendent shall advise the board of such determination at a
meeting of the board. Within fourteen days of the next meeting of
the board, any member of the board may ask that the question of
initiating action under section 3319.31 of the Revised Code be
placed on the board's agenda for that next meeting. Prior to
initiating that action against any person, the person's name and
any other personally identifiable information shall remain
confidential.
(C) The board shall take no action against a person under
division (B) of section 3319.31 of the Revised Code without
providing the person with written notice of the charges and with
an opportunity for a hearing in accordance with Chapter 119. of
the Revised Code.
(D) For purposes of an investigation under division (A)(1) of
this section or a hearing under division (C) of this section or
under division (E)(2) of section 3319.31 of the Revised Code, the
board, or the superintendent on behalf of the board, may
administer oaths, order the taking of depositions, issue
subpoenas, and compel the attendance of witnesses and the
production of books, accounts, papers, records, documents, and
testimony. The issuance of subpoenas under this division may be by
certified mail or personal delivery to the person.
(E) The superintendent, on behalf of the board, may enter
into a consent agreement with a person against whom action is
being taken under division (B) of section 3319.31 of the Revised
Code. The board may adopt rules governing the superintendent's
action under this division.
(F) No surrender of a license shall be effective until the
board takes action to accept the surrender unless the surrender is
pursuant to a consent agreement entered into under division (E) of
this section.
(G) The name of any person who is not required to report
information under section 3314.40, 3319.313, 3326.24, 3328.19,
5126.253, or 5153.176 of the Revised Code, but who in good faith
provides information to the state board or superintendent of
public instruction about alleged misconduct committed by a person
who holds a license or has applied for issuance or renewal of a
license, shall be confidential and shall not be released. Any such
person shall be immune from any civil liability that otherwise
might be incurred or imposed for injury, death, or loss to person
or property as a result of the provision of that information.
(H)(1) No person shall knowingly make a false report to the
superintendent of public instruction or the state board of
education alleging misconduct by an employee of a public or
chartered nonpublic school or an employee of the operator of a
community school established under Chapter 3314. or a
college-preparatory boarding school established under Chapter
3328. of the Revised Code.
(2)(a) In any civil action brought against a person in which
it is alleged and proved that the person violated division (H)(1)
of this section, the court shall award the prevailing party
reasonable attorney's fees and costs that the prevailing party
incurred in the civil action or as a result of the false report
that was the basis of the violation.
(b) If a person is convicted of or pleads guilty to a
violation of division (H)(1) of this section, if the subject of
the false report that was the basis of the violation was charged
with any violation of a law or ordinance as a result of the false
report, and if the subject of the false report is found not to be
guilty of the charges brought against the subject as a result of
the false report or those charges are dismissed, the court that
sentences the person for the violation of division (H)(1) of this
section, as part of the sentence, shall order the person to pay
restitution to the subject of the false report, in an amount equal
to reasonable attorney's fees and costs that the subject of the
false report incurred as a result of or in relation to the
charges.
Sec. 3319.39. (A)(1) Except as provided in division
(F)(2)(b) of section 109.57 of the Revised Code, the appointing or
hiring officer of the board of education of a school district, the
governing board of an educational service center, or of a
chartered nonpublic school shall request the superintendent of the
bureau of criminal identification and investigation to conduct a
criminal records check with respect to any applicant who has
applied to the school district, educational service center, or
school for employment in any position. The appointing or hiring
officer shall request that the superintendent include information
from the federal bureau of investigation in the criminal records
check, unless all of the following apply to the applicant:
(a) The applicant is applying to be an instructor of adult
education.
(b) The duties of the position for which the applicant is
applying do not involve routine interaction with a child or
regular responsibility for the care, custody, or control of a
child or, if the duties do involve such interaction or
responsibility, during any period of time in which the applicant,
if hired, has such interaction or responsibility, another employee
of the school district, educational service center, or chartered
nonpublic school will be present in the same room with the child
or, if outdoors, will be within a thirty-yard radius of the child
or have visual contact with the child.
(c) The applicant presents proof that the applicant has been
a resident of this state for the five-year period immediately
prior to the date upon which the criminal records check is
requested or provides evidence that within that five-year period
the superintendent has requested information about the applicant
from the federal bureau of investigation in a criminal records
check.
(2) A person required by division (A)(1) of this section to
request a criminal records check shall provide to each applicant a
copy of the form prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code, provide to each applicant a standard
impression sheet to obtain fingerprint impressions prescribed
pursuant to division (C)(2) of section 109.572 of the Revised
Code, obtain the completed form and impression sheet from each
applicant, and forward the completed form and impression sheet to
the superintendent of the bureau of criminal identification and
investigation at the time the person requests a criminal records
check pursuant to division (A)(1) of this section.
(3) An applicant who receives pursuant to division (A)(2) of
this section a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code and a copy of an
impression sheet prescribed pursuant to division (C)(2) of that
section and who is requested to complete the form and provide a
set of fingerprint impressions shall complete the form or provide
all the information necessary to complete the form and shall
provide the impression sheet with the impressions of the
applicant's fingerprints. If an applicant, upon request, fails to
provide the information necessary to complete the form or fails to
provide impressions of the applicant's fingerprints, the board of
education of a school district, governing board of an educational
service center, or governing authority of a chartered nonpublic
school shall not employ that applicant for any position.
(4) Notwithstanding any provision of this section to the
contrary, an applicant who meets the conditions prescribed in
divisions (A)(1)(a) and (b) of this section and who, within the
two-year period prior to the date of application, was the subject
of a criminal records check under this section prior to being
hired for short-term employment with the school district,
educational service center, or chartered nonpublic school to which
application is being made shall not be required to undergo a
criminal records check prior to the applicant's rehiring by that
district, service center, or school.
(B)(1) Except as provided in rules adopted by the department
of education in accordance with division (E) of this section and
as provided in division (B)(3) of this section, no board of
education of a school district, no governing board of an
educational service center, and no governing authority of a
chartered nonpublic school shall employ a person if the person
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996, a
violation of section 2919.23 of the Revised Code that would have
been a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, had the violation been committed
prior to that date, a violation of section 2925.11 of the Revised
Code that is not a minor drug possession offense, or felonious
sexual penetration in violation of former section 2907.12 of the
Revised Code;
(b) A violation of an existing or former law of this state,
another state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (B)(1)(a) of this section.
(2) A board, governing board of an educational service
center, or a governing authority of a chartered nonpublic school
may employ an applicant conditionally until the criminal records
check required by this section is completed and the board or
governing authority receives the results of the criminal records
check. If the results of the criminal records check indicate that,
pursuant to division (B)(1) of this section, the applicant does
not qualify for employment, the board or governing authority shall
release the applicant from employment.
(3) No board and no governing authority of a chartered
nonpublic school shall employ a teacher who previously has been
convicted of or pleaded guilty to any of the offenses listed in
section 3319.31 of the Revised Code.
(C)(1) Each board and each governing authority of a chartered
nonpublic school shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check conducted in accordance with that section
upon the request pursuant to division (A)(1) of this section of
the appointing or hiring officer of the board or governing
authority.
(2) A board and the governing authority of a chartered
nonpublic school may charge an applicant a fee for the costs it
incurs in obtaining a criminal records check under this section. A
fee charged under this division shall not exceed the amount of
fees the board or governing authority pays under division (C)(1)
of this section. If a fee is charged under this division, the
board or governing authority shall notify the applicant at the
time of the applicant's initial application for employment of the
amount of the fee and that, unless the fee is paid, the board or
governing authority will not consider the applicant for
employment.
(D) The report of any criminal records check conducted by the
bureau of criminal identification and investigation in accordance
with section 109.572 of the Revised Code and pursuant to a request
under division (A)(1) of this section is not a public record for
the purposes of section 149.43 of the Revised Code and shall not
be made available to any person other than the applicant who is
the subject of the criminal records check or the applicant's
representative, the board or governing authority requesting the
criminal records check or its representative, and any court,
hearing officer, or other necessary individual involved in a case
dealing with the denial of employment to the applicant.
(E) The department of education shall adopt rules pursuant to
Chapter 119. of the Revised Code to implement this section,
including rules specifying circumstances under which the board or
governing authority may hire a person who has been convicted of an
offense listed in division (B)(1) or (3) of this section but who
meets standards in regard to rehabilitation set by the department.
The department shall amend rule 3301-83-23 of the Ohio
Administrative Code that took effect August 27, 2009, and that
specifies the offenses that disqualify a person for employment as
a school bus or school van driver and establishes rehabilitation
standards for school bus and school van drivers.
(F) Any person required by division (A)(1) of this section to
request a criminal records check shall inform each person, at the
time of the person's initial application for employment, of the
requirement to provide a set of fingerprint impressions and that a
criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of the
Revised Code if the person comes under final consideration for
appointment or employment as a precondition to employment for the
school district, educational service center, or school for that
position.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment or employment in a position with a
board of education, governing board of an educational service
center, or a chartered nonpublic school, except that "applicant"
does not include a person already employed by a board or chartered
nonpublic school who is under consideration for a different
position with such board or school.
(2) "Teacher" means a person holding an educator license or
permit issued under section 3319.22 or 3319.301 of the Revised
Code and teachers in a chartered nonpublic school.
(3) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
(H) If the board of education of a local school district
adopts a resolution requesting the assistance of the educational
service center in which the local district has territory in
conducting criminal records checks of substitute teachers and
substitutes for other district employees under this section, the
appointing or hiring officer of such educational service center
shall serve for purposes of this section as the appointing or
hiring officer of the local board in the case of hiring substitute
teachers and other substitute employees for the local district.
Sec. 3319.57. (A) A grant program is hereby established
under which the department of education shall award grants to
assist certain schools in a city, exempted village, local, or
joint vocational school district in implementing one of the
following innovations:
(1) The use of instructional specialists to mentor and
support classroom teachers;
(2) The use of building managers to supervise the
administrative functions of school operation so that a school
principal can focus on supporting instruction, providing
instructional leadership, and engaging teachers as part of the
instructional leadership team;
(3) The reconfiguration of school leadership structure in a
manner that allows teachers to serve in leadership roles so that
teachers may share the responsibility for making and implementing
school decisions;
(4) The adoption of new models for restructuring the school
day or school year, such as including teacher planning and
collaboration time as part of the school day;
(5) The creation of smaller schools or smaller units within
larger schools for the purpose of facilitating teacher
collaboration to improve and advance the professional practice of
teaching;
(6) The implementation of "grow your own" recruitment
strategies that are designed to assist individuals who show a
commitment to education become licensed teachers, to assist
experienced teachers obtain licensure in subject areas for which
there is need, and to assist teachers in becoming principals;
(7) The provision of better conditions for new teachers, such
as reduced teaching load and reduced class size;
(8) The provision of incentives to attract qualified
mathematics, science, or special education teachers;
(9) The development and implementation of a partnership with
teacher preparation programs at colleges and universities to help
attract teachers qualified to teach in shortage areas;
(10) The implementation of a program to increase the cultural
competency of both new and veteran teachers;
(11) The implementation of a program to increase the subject
matter competency of veteran teachers.
(B) To qualify for a grant to implement one of the
innovations described in division (A) of this section, a school
must meet both of the following criteria:
(1) Be hard to staff, as defined by the department.
(2) Use existing school district funds for the implementation
of the innovation in an amount equal to the grant amount
multiplied by (1 - the district's state share percentage for the
fiscal year in which the grant is awarded).
For purposes of division (B)(2) of this section, "state share
percentage" has the same meaning as in section 3306.02 3317.02 of
the Revised Code.
(C) The amount and number of grants awarded under this
section shall be determined by the department based on any
appropriations made by the general assembly for grants under this
section.
(D) The state board of education shall adopt rules for the
administration of this grant program.
Sec. 3319.58. (A) As used in this section:
(1) "Core subject area" has the same meaning as in section
3319.074 of the Revised Code.
(2) "Performance index score" has the same meaning as in
section 3302.01 of the Revised Code.
(B) The department of education annually shall rank order
into percentiles according to performance index score all school
buildings of all city, exempted village, and local school
districts, community schools established under Chapter 3314. of
the Revised Code, and STEM schools established under Chapter 3326.
of the Revised Code. The department shall notify each district
board of education, each community school governing authority, and
each STEM school governing body of the percentile ranking of each
building of the district or school and whether division (C) of
this section applies to the building based on that ranking.
(C) Each year, the board of education of each school
district, governing authority of each community school, and
governing body of each STEM school with a building in the lowest
ten percentiles of performance index score shall require each
classroom teacher teaching in a core subject area in such a
building to register for and take all written examinations
prescribed by the state board of education for licensure to teach
that core subject area and the grade level to which the teacher is
assigned under section 3319.22 of the Revised Code.
(D) Each district board of education, each community school
governing authority, and each STEM school governing body may use
the results of a teacher's examinations required under division
(C) of this section in developing and revising professional
development plans and in deciding whether or not to continue
employing the teacher in accordance with the provisions of this
chapter or Chapter 3314. or 3326. of the Revised Code. However, no
decision to terminate or not to renew a teacher's employment
contract shall be made solely on the basis of the results of a
teacher's examination under this section until and unless the
teacher has not attained a passing score on the same required
examination for at least three consecutive administrations of that
examination.
Sec. 3319.71. (A) The school health services advisory council
shall make recommendations on the following topics:
(1) The content of the course of instruction required to
obtain a school nurse license under section 3319.221 of the
Revised Code;
(2) The content of the course of instruction required to
obtain a school nurse wellness coordinator license under section
3319.221 of the Revised Code;
(3) Best practices for the use of school nurses and school
nurse wellness coordinators in providing health and wellness
programs for students and employees of school districts, community
schools established under Chapter 3314. of the Revised Code, and
STEM schools established under Chapter 3326. of the Revised Code.
(B) The council shall issue its initial recommendations not
later than March 31, 2010, and may issue subsequent
recommendations as it considers necessary. Copies of all
recommendations shall be provided to the state board of education,
the chancellor of the Ohio board of regents, and the board of
nursing, and the health care coverage and quality council.
Sec. 3323.09. (A) As used in this section:
(1) "Home" has the meaning given in section 3313.64 of the
Revised Code.
(2) "Preschool child" means a child who is at least age three
but under age six on the thirtieth day of September of an academic
year.
(B) Each county DD board shall establish special education
programs for all children with disabilities who in accordance with
section 3323.04 of the Revised Code have been placed in special
education programs operated by the county board and for preschool
children who are developmentally delayed or at risk of being
developmentally delayed. The board annually shall submit to the
department of education a plan for the provision of these programs
and, if applicable, a request for approval of units under section
3317.05 of the Revised Code. The superintendent of public
instruction shall review the plan and approve or modify it in
accordance with rules adopted by the state board of education
under section 3301.07 of the Revised Code. The superintendent of
public instruction shall compile the plans submitted by county
boards and shall submit a comprehensive plan to the state board.
A county DD board may combine transportation for children
enrolled in classes funded under section 3317.20 or units approved
under section 3317.05 with transportation for children and adults
enrolled in programs and services offered by the board under
section 5126.12 Chapter 5126. of the Revised Code.
(C) A county DD board that during the school year provided
special education pursuant to this section for any child with
mental disabilities under twenty-two years of age shall prepare
and submit the following reports and statements:
(1) The board shall prepare a statement for each child who at
the time of receiving such special education was a resident of a
home and was not in the legal or permanent custody of an Ohio
resident or a government agency in this state, and whose natural
or adoptive parents are not known to have been residents of this
state subsequent to the child's birth. The statement shall contain
the child's name, the name of the child's school district of
residence, the name of the county board providing the special
education, and the number of months, including any fraction of a
month, it was provided. Not later than the thirtieth day of June,
the board shall forward a certified copy of such statement to both
the director of developmental disabilities and to the home.
Within thirty days after its receipt of a statement, the home
shall pay tuition to the county board computed in the manner
prescribed by section 3323.141 of the Revised Code.
(2) The board shall prepare a report for each school district
that is the school district of residence of one or more of such
children for whom statements are not required by division (C)(1)
of this section. The report shall contain the name of the county
board providing special education, the name of each child
receiving special education, the number of months, including
fractions of a month, that the child received it, and the name of
the child's school district of residence. Not later than the
thirtieth day of June, the board shall forward certified copies of
each report to the school district named in the report, the
superintendent of public instruction, and the director of
developmental disabilities.
Sec. 3323.091. (A) The department of mental health, the
department of developmental disabilities, the department of youth
services, and the department of rehabilitation and correction
shall establish and maintain special education programs for
children with disabilities in institutions under their
jurisdiction according to standards adopted by the state board of
education.
(B) The superintendent of each state institution required to
provide services under division (A) of this section, and each
county DD board, providing special education for preschool
children with disabilities under this chapter may apply to the
state department of education for unit funding, which shall be
paid in accordance with sections 3317.052 and 3317.053 of the
Revised Code.
The superintendent of each state institution required to
provide services under division (A) of this section may apply to
the department of education for special education and related
services weighted funding for children with disabilities other
than preschool children with disabilities, calculated in
accordance with section 3317.201 of the Revised Code.
Each county DD board providing special education for children
with disabilities other than preschool children with disabilities
may apply to the department of education for base cost and special
education and related services weighted funding calculated in
accordance with section 3317.20 of the Revised Code.
(C) In addition to the authorization to apply for state
funding described in division (B) of this section, each state
institution required to provide services under division (A) of
this section is entitled to tuition payments calculated in the
manner described in division (C) of this section.
On or before the thirtieth day of June of each year, the
superintendent of each institution that during the school year
provided special education pursuant to this section shall prepare
a statement for each child with a disability under twenty-two
years of age who has received special education. The statement
shall contain the child's data verification code assigned pursuant
to division (D)(2) of section 3301.0714 of the Revised Code and
the name of the child's school district of residence. Within sixty
days after receipt of such statement, the department of education
shall perform one of the following:
(1) For any child except a preschool child with a disability
described in division (C)(2) of this section, pay to the
institution submitting the statement an amount equal to the
tuition calculated under division (A) of section 3317.08 of the
Revised Code for the period covered by the statement, and deduct
the same from the amount of state funds, if any, payable under
sections 3306.13 and 3317.023 Chapter 3317. of the Revised Code,
to the child's school district of residence or, if the amount of
such state funds is insufficient, require the child's school
district of residence to pay the institution submitting the
statement an amount equal to the amount determined under this
division.
(2) For any preschool child with a disability not included in
a unit approved under division (B) of section 3317.05 of the
Revised Code, perform the following:
(a) Pay to the institution submitting the statement an amount
equal to the tuition calculated under division (B) of section
3317.08 of the Revised Code for the period covered by the
statement, except that in calculating the tuition under that
section the operating expenses of the institution submitting the
statement under this section shall be used instead of the
operating expenses of the school district of residence;
(b) Deduct from the amount of state funds, if any, payable
under sections 3317.022 or 3306.13 and 3317.023 Chapter 3317. of
the Revised Code to the child's school district of residence an
amount equal to the amount paid under division (C)(2)(a) of this
section.
Sec. 3323.14. This section does not apply to any preschool
child with a disability except if included in a unit approved
under division (B) of section 3317.05 of the Revised Code.
(A) Where a child who is a school resident of one school
district receives special education from another district and the
per capita cost to the educating district for that child exceeds
the sum of the amount received by the educating district for that
child under division (A) of section 3317.08 of the Revised Code
and the amount received by the district from the state board of
education for that child, then the board of education of the
district of residence shall pay to the board of the school
district that is providing the special education such excess cost
as is determined by using a formula approved by the department of
education and agreed upon in contracts entered into by the boards
of the districts concerned at the time the district providing such
special education accepts the child for enrollment. The department
shall certify the amount of the payments under
Chapters 3306. and
Chapter 3317. of the Revised Code for such pupils with
disabilities for each school year ending on the thirtieth day of
July.
(B) In the case of a child described in division (A) of this
section who has been placed in a home, as defined in section
3313.64 of the Revised Code, pursuant to the order of a court and
who is not subject to section 3323.141 of the Revised Code, the
district providing the child with special education and related
services may charge to the child's district of residence the
excess cost determined by formula approved by the department,
regardless of whether the district of residence has entered into a
contract with the district providing the services. If the district
providing the services chooses to charge excess costs, the
district may report the amount calculated under this division to
the department.
(C) If a district providing special education for a child
reports an amount for the excess cost of those services, as
authorized and calculated under division (A) or (B) of this
section, the department shall pay that amount of excess cost to
the district providing the services and shall deduct that amount
from the child's district of residence in accordance with division
(N)(K) of section 3317.023 of the Revised Code.
Sec. 3323.142. This section does not apply to any preschool
child with a disability except if included in a unit approved
under division (B) of section 3317.05 of the Revised Code.
As used in this section, "per pupil amount" for a preschool
child with a disability included in such an approved unit means
the amount determined by dividing the amount received for the
classroom unit in which the child has been placed by the number of
children in the unit. For any other child, "per pupil amount"
means the amount paid for the child under section 3317.20 of the
Revised Code.
When a school district places or has placed a child with a
county DD board for special education, but another district is
responsible for tuition under section 3313.64 or 3313.65 of the
Revised Code and the child is not a resident of the territory
served by the county DD board, the board may charge the district
responsible for tuition with the educational costs in excess of
the per pupil amount received by the board under
Chapters 3306.
and Chapter 3317. of the Revised Code. The amount of the excess
cost shall be determined by the formula established by rule of the
department of education under section 3323.14 of the Revised Code,
and the payment for such excess cost shall be made by the school
district directly to the county DD board.
A school district board of education and the county DD board
that serves the school district may negotiate and contract, at or
after the time of placement, for payments by the board of
education to the county DD board for additional services provided
to a child placed with the county DD board and whose
individualized education program established pursuant to section
3323.08 of the Revised Code requires additional services that are
not routinely provided children in the county DD board's program
but are necessary to maintain the child's enrollment and
participation in the program. Additional services may include, but
are not limited to, specialized supplies and equipment for the
benefit of the child and instruction, training, or assistance
provided by staff members other than staff members for which
funding is received under Chapter 3306. or 3317. of the Revised
Code.
Sec. 3323.25. (A) This section applies to an individual
enrolled in a dropout prevention and recovery program operated by
a community school for whom all of the following conditions are
met:
(1) The individual is between twenty-two and thirty years of
age.
(2) The individual is enrolled in the school's program under
section 3314.38 of the Revised Code.
(3) The individual has a disability of the types described in
division (A)(1) of section 3323.01 of the Revised Code.
(B) In addition to its other responsibilities under this
chapter, the community school may provide to any individual to
whom this section applies special education and related services
in accordance with rules adopted by the state board of education
under division (C) of this section.
(C) The state board shall adopt rules, in accordance with
Chapter 119. of the Revised Code, prescribing standards and
requirements for the provision of special education and related
services to individuals to whom this section applies that are
comparable to the standards and requirements for services to
children with disabilities. The rules shall include standards and
requirements for the identification of individuals with
disabilities who qualify for services under this section,
development and implementation of service plans for those
services, appropriate procedural safeguards, and any other issues
the state board determines are necessary to implement this
section.
Sec. 3323.31. The Franklin county educational service center
shall establish the Ohio Center center for Autism autism and Low
Incidence low incidence. The
Center center shall administer
programs and coordinate services for infants, preschool and
school-age children, and adults with autism and low incidence
disabilities. The Center's center's principal focus shall be
programs and services for persons with autism. The Center center
shall be under the direction of an executive director, appointed
by the superintendent of the service center in consultation with
the advisory board established under section 3323.33 of the
Revised Code.
In addition to its other duties, the Ohio Center center for
Autism
autism and Low Incidence low incidence shall participate
as a member of an the interagency workgroup on autism, as it is
established by the department director of developmental
disabilities and under section 5123.0419 of the Revised Code. The
center shall provide technical assistance and support to the
department of developmental disabilities in the department's
leadership role to develop and implement the initiatives
identified by projects and activities of the workgroup.
Sec. 3324.05. (A) Each school district shall submit an
annual report to the department of education specifying the number
of students in each of grades kindergarten through
twelfth twelve
screened, the number assessed, and the number identified as gifted
in each category specified in section 3324.03 of the Revised Code.
(B) The department of education shall audit each school
district's identification numbers at least once every three years
and may select any district at random or upon complaint or
suspicion of noncompliance for a further audit to determine
compliance with sections 3324.03 to 3324.06 of the Revised Code.
(C) The department shall provide technical assistance to any
district found in noncompliance under division (B) of this
section. The department may reduce funds received by the district
under Chapters 3306. and Chapter 3317. of the Revised Code by any
amount if the district continues to be noncompliant.
Sec. 3324.08. Any person employed by a school district and
assigned to a school as a principal or any other position may also
serve as the district's gifted education coordinator, if qualified
to do so pursuant to the rules adopted by the state board of
education under this chapter.
Sec. 3325.01. The state school for the deaf and the state
school for the blind shall be under the control and supervision of
the state board of education. On the recommendation of the
superintendent of public instruction, the state board of education
shall appoint a superintendent for the state school for the deaf
and a superintendent for the state school for the blind, each of
whom shall serve at the pleasure of the state board. The state
board may appoint one person to serve as the superintendent for
both the state school for the deaf and the state school for the
blind.
Sec. 3325.08. (A) A diploma shall be granted by the
superintendent of the state school for the blind and the
superintendent of the state school for the deaf to any student
enrolled in one of these state schools to whom all of the
following apply:
(1) The student has successfully completed the individualized
education program developed for the student for the student's high
school education pursuant to section 3323.08 of the Revised Code;
(2) Subject to section 3313.614 of the Revised Code, the
student has met the assessment requirements of division (A)(2)(a)
or (b) of this section, as applicable.
(a) If the student entered the ninth grade prior to the date
prescribed by rule of the state board of education under division
(E)(D)(2) of section 3301.0712 of the Revised Code, the student
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments prescribed by that division unless division
(L) of section 3313.61 of the Revised Code applies to the student;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the student entered the ninth grade on or after the
date prescribed by rule of the state board under division
(E)(D)(2) of section 3301.0712 of the Revised Code, the student
has
attained on met the requirements of the entire assessment
system prescribed under division (B)(2) of section 3301.0710 of
the Revised Code at least the required passing composite score,
designated under division (C)(1) of section 3301.0712 of the
Revised Code, except to the extent that division (L) of section
3313.61 of the Revised Code applies to the student.
(3) The student is not eligible to receive an honors diploma
granted pursuant to division (B) of this section.
No diploma shall be granted under this division to anyone
except as provided under this division.
(B) In lieu of a diploma granted under division (A) of this
section, the superintendent of the state school for the blind and
the superintendent of the state school for the deaf shall grant an
honors diploma, in the same manner that the boards of education of
school districts grant such diplomas under division (B) of section
3313.61 of the Revised Code, to any student enrolled in one of
these state schools who accomplishes all of the following:
(1) Successfully completes the individualized education
program developed for the student for the student's high school
education pursuant to section 3323.08 of the Revised Code;
(2) Subject to section 3313.614 of the Revised Code, has met
the assessment requirements of division (B)(2)(a) or (b) of this
section, as applicable.
(a) If the student entered the ninth grade prior to the date
prescribed by rule of the state board under division
(E)(D)(2) of
section 3301.0712 of the Revised Code, the student either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments prescribed under that division;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the student entered the ninth grade on or after the
date prescribed by rule of the state board under division
(E)(D)(2) of section 3301.0712 of the Revised Code, the student
has
attained on met the requirements of the entire assessment
system prescribed under division (B)(2) of section 3301.0710 of
the Revised Code at least the required passing composite score,
designated under division (C)(1) of section 3301.0712 of the
Revised Code.
(3) Has met additional criteria for granting an honors
diploma.
These additional criteria shall be the same as those
prescribed by the state board under division (B) of section
3313.61 of the Revised Code for the granting of such diplomas by
school districts. No honors diploma shall be granted to anyone
failing to comply with this division and not more than one honors
diploma shall be granted to any student under this division.
(C) A diploma or honors diploma awarded under this section
shall be signed by the superintendent of public instruction and
the superintendent of the state school for the blind or the
superintendent of the state school for the deaf, as applicable.
Each diploma shall bear the date of its issue and be in such form
as the school superintendent prescribes.
(D) Upon granting a diploma to a student under this section,
the superintendent of the state school in which the student is
enrolled shall provide notice of receipt of the diploma to the
board of education of the school district where the student is
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code when not residing at the state school for the blind
or the state school for the deaf. The notice shall indicate the
type of diploma granted.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43,
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3317.141, 3319.073,
3319.08, 3319.111, 3319.17, 3319.21, 3319.32, 3319.321, 3319.35,
3319.39, 3319.391, 3319.41, 3319.45, 3321.01, 3321.041, 3321.13,
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744.,
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of the
Revised Code as if it were a school district.
Sec. 3326.33. Payments and deductions under this section for
fiscal years 2010 2012 and 2011 2013 shall be made in accordance
with section 3326.39 of the Revised Code.
For each student enrolled in a science, technology,
engineering, and mathematics school established under this
chapter, the department of education annually shall deduct from
the state education aid of a student's resident school district
and, if necessary, from the payment made to the district under
sections 321.24 and 323.156 of the Revised Code and pay to the
school the sum of the following:
(A) The sum of the formula amount plus the per pupil amount
of the base funding supplements specified in divisions (C)(1) to
(4) of section 3317.012 of the Revised Code.
(B) If the student is receiving special education and related
services pursuant to an IEP, the product of the applicable special
education weight times the formula amount;
(C) If the student is enrolled in vocational education
programs or classes that are described in section 3317.014 of the
Revised Code, are provided by the school, and are comparable as
determined by the superintendent of public instruction to school
district vocational education programs and classes eligible for
state weighted funding under section 3317.014 of the Revised Code,
the product of the applicable vocational education weight times
the formula amount times the percentage of time the student spends
in the vocational education programs or classes;
(D) If the student is included in the poverty student count
of the student's resident district, the per pupil amount of the
district's payment under division (C) of section 3317.029 of the
Revised Code;
(E) If the student is identified as limited English
proficient and the student's resident district receives a payment
for services to limited English proficient students under division
(F) of section 3317.029 of the Revised Code, the per pupil amount
of the district's payment under that division, calculated in the
same manner as per pupil payments are calculated under division
(C)(6) of section 3314.08 of the Revised Code;
(F) If the student's resident district receives a payment
under division (G), (H), or (I) of section 3317.029 of the Revised
Code, the per pupil amount of the district's payments under each
division, calculated in the same manner as per pupil payments are
calculated under divisions (C)(7) and (8) of section 3314.08 of
the Revised Code;
(G) If the student's resident district receives a parity aid
payment under section 3317.0217 of the Revised Code, the per pupil
amount calculated for the district under division (C) or (D) of
that section.
Sec. 3326.39. For purposes of applying sections 3326.31 to
3326.37 of the Revised Code to fiscal years 2010 2012 and 2011
2013:
(A) The formula amount for STEM schools for each of fiscal
year 2010 is $5,718, and for fiscal year 2011 is $5,703. These
respective amounts years 2012 and 2013 is $5,653. That amount
shall be applied wherein sections 3326.31 to 3326.37 of the
Revised Code the formula amount is specified, except for deducting
and paying amounts for special education weighted funding and
vocational education weighted funding.
(B) The base funding supplements under section 3317.012 of
the Revised Code shall be deemed in each year to be the amounts
specified in that section for fiscal year 2009.
(C) Special education additional weighted funding shall be
calculated by multiplying the applicable weight specified for
fiscal year 2009 in section 3317.013 of the Revised Code, as it
existed for that fiscal year 2009, times $5,732.
(D) Vocational education additional weighted funding shall be
calculated by multiplying the applicable weight specified in
section 3317.014 of the Revised Code for fiscal year 2009 times
$5,732.
(E) The per pupil amounts paid to a school district under
sections 3317.029 and 3317.0217 of the Revised Code shall be
deemed to be the respective per pupil amounts paid under those
sections to that district for fiscal year 2009.
Sec. 3327.02. (A) After considering each of the following
factors, the board of education of a city, exempted village, or
local school district may determine that it is impractical to
transport a pupil who is eligible for transportation to and from a
school under section 3327.01 of the Revised Code:
(1) The time and distance required to provide the
transportation;
(2) The number of pupils to be transported;
(3) The cost of providing transportation in terms of
equipment, maintenance, personnel, and administration;
(4) Whether similar or equivalent service is provided to
other pupils eligible for transportation;
(5) Whether and to what extent the additional service
unavoidably disrupts current transportation schedules;
(6) Whether other reimbursable types of transportation are
available.
(B)(1) Based on its consideration of the factors established
in division (A) of this section, the board may pass a resolution
declaring the impracticality of transportation. The resolution
shall include each pupil's name and the reason for impracticality.
(2) The board shall report its determination to the state
board of education in a manner determined by the state board.
(3) The board of education of a local school district
additionally shall submit the resolution for concurrence to the
educational service center that contains the local district's
territory. If the educational service center governing board
considers transportation by school conveyance practicable, it
shall so inform the local board and transportation shall be
provided by such local board. If the educational service center
board agrees with the view of the local board, the local board may
offer payment in lieu of transportation as provided in this
section.
(C) After passing the resolution declaring the impracticality
of transportation, the district board shall offer to provide
payment in lieu of transportation by doing the following:
(1) In accordance with guidelines established by the
department of education, informing the pupil's parent, guardian,
or other person in charge of the pupil of both of the following:
(a) The board's resolution;
(b) The right of the pupil's parent, guardian, or other
person in charge of the pupil to accept the offer of payment in
lieu of transportation or to reject the offer and instead request
the department to initiate mediation procedures.
(2) Issuing the pupil's parent, guardian, or other person in
charge of the pupil a contract or other form on which the parent,
guardian, or other person in charge of the pupil is given the
option to accept or reject the board's offer of payment in lieu of
transportation.
(D) If the parent, guardian, or other person in charge of the
pupil accepts the offer of payment in lieu of providing
transportation, the board shall pay the parent, guardian, or other
person in charge of the child pupil an amount that shall be not
less than the amount determined by the department of education as
the minimum for payment in lieu of transportation, and not more
than the amount determined by the department as the average cost
of pupil transportation for the previous school year. Payment may
be prorated if the time period involved is only a part of the
school year.
(E)(1)(a) Upon the request of a parent, guardian, or other
person in charge of the pupil who rejected the payment in lieu of
transportation, the department shall conduct mediation procedures.
(b) If the mediation does not resolve the dispute, the state
board of education shall conduct a hearing in accordance with
Chapter 119. of the Revised Code. The state board may approve the
payment in lieu of transportation or may order the board of
education to provide transportation. The decision of the state
board is binding in subsequent years and on future parties in
interest provided the facts of the determination remain
comparable.
(2) The school district shall provide transportation for the
pupil from the time the parent, guardian, or other person in
charge of the pupil requests mediation until the matter is
resolved under division (E)(1)(a) or (b) of this section.
(F)(1) If the department determines that a school district
board has failed or is failing to provide transportation as
required by division (E)(2) of this section or as ordered by the
state board under division (E)(1)(b) of this section, the
department shall order the school district board to pay to the
pupil's parent, guardian, or other person in charge of the pupil,
an amount equal to the state average daily cost of transportation
as determined by the state board of education for the previous
year. The school district board shall make payments on a schedule
ordered by the department.
(2) If the department subsequently finds that a school
district board is not in compliance with an order issued under
division (F)(1) of this section and the affected pupils are
enrolled in a nonpublic or community school, the department shall
deduct the amount that the board is required to pay under that
order from any pupil transportation payments the department makes
to the school district board under section 3306.12 3317.0212 of
the Revised Code or other provisions of law. The department shall
use the moneys so deducted to make payments to the nonpublic or
community school attended by the pupil. The department shall
continue to make the deductions and payments required under this
division until the school district board either complies with the
department's order issued under division (F)(1) of this section or
begins providing transportation.
(G) A nonpublic or community school that receives payments
from the department under division (F)(2) of this section shall do
either of the following:
(1) Disburse the entire amount of the payments to the parent,
guardian, or other person in control charge of the pupil affected
by the failure of the school district of residence to provide
transportation;
(2) Use the entire amount of the payments to provide
acceptable transportation for the affected pupil.
Sec. 3327.04. (A) The board of education of any city,
exempted village, or local school district may contract with the
board of another district for the admission or transportation, or
both, of pupils into any school in such other district, on terms
agreed upon by such boards.
(B) The boards of two school districts may enter into a
contract under this section to share the provision of
transportation to a child who resides in one school district and
attends school in the other district. Under such an agreement, one
district may claim the total transportation subsidy available for
such child under section 3306.12 3317.0212 of the Revised Code or
other provisions of law and may agree to pay any portion of such
subsidy to the other district sharing the provision of
transportation to that child. The contract shall delineate the
transportation responsibilities of each district.
A school district that enters into a contract under this
section is not liable for any injury, death, or loss to the person
or property of a student that may occur while the student is being
furnished transportation by the other school district that is a
party to the contract.
(C) Whenever a board not maintaining a high school enters
into an agreement with one or more boards maintaining such school
for the schooling of all its high school pupils, the board making
such agreement is exempt from the payment of tuition at other high
schools of pupils living within three miles of the school
designated in the agreement. In case no such agreement is entered
into, the high school to be attended can be selected by the pupil
holding an eighth grade diploma, and the tuition shall be paid by
the board of the district of school residence.
Sec. 3327.05. (A) Except as provided in division (B) of this
section, no board of education of any school district shall
provide transportation for any pupil who is a school resident of
another school district unless the pupil is enrolled pursuant to
section 3313.98 of the Revised Code or the board of the other
district has given its written consent thereto. If the board of
any school district files with the state board of education a
written complaint that transportation for resident pupils is being
provided by the board of another school district contrary to this
division, the state board of education shall make an investigation
of such complaint. If the state board of education finds that
transportation is being provided contrary to this section, it may
withdraw from state funds due the offending district any part of
the amount that has been approved for transportation pursuant to
section 3306.12 3317.0212 of the Revised Code or other provisions
of law.
(B) Notwithstanding division (D) of section 3311.19 and
division (D) of section 3311.52 of the Revised Code, this division
does not apply to any joint vocational or cooperative education
school district.
A board of education may provide transportation to and from
the nonpublic school of attendance if both of the following apply:
(1) The parent, guardian, or other person in charge of the
pupil agrees to pay the board for all costs incurred in providing
the transportation that are not reimbursed pursuant to Chapter
3306. or 3317. of the Revised Code;
(2) The pupil's school district of residence does not provide
transportation for public school pupils of the same grade as the
pupil being transported under this division, or that district is
not required under section 3327.01 of the Revised Code to
transport the pupil to and from the nonpublic school because the
direct travel time to the nonpublic school is more than thirty
minutes.
Upon receipt of the request to provide transportation, the
board shall review the request and determine whether the board
will accommodate the request. If the board agrees to transport the
pupil, the board may transport the pupil to and from the nonpublic
school and a collection point in the district, as determined by
the board. If the board transports the pupil, the board may
include the pupil in the district's transportation ADM reported to
the department of education under section 3317.03 of the Revised
Code and, accordingly, may receive a state payment under section
3306.12 3317.0212 of the Revised Code or other provisions of law
for transporting the pupil.
If the board declines to transport the pupil, the board, in a
written communication to the parent, guardian, or other person in
charge of the pupil, shall state the reasons for declining the
request.
Sec. 3328.01. As used in this chapter:
(A) "Child with a disability," "IEP," and "school district of
residence" have the same meanings as in section 3323.01 of the
Revised Code.
(B) "Eligible student" means a student who is entitled to
attend school in a participating school district; is at risk of
academic failure; is from a family whose income is below two
hundred per cent of the federal poverty guidelines, as defined in
section 5101.46 of the Revised Code; meets any additional criteria
prescribed by agreement between the state board of education and
the operator of the college-preparatory boarding school in which
the student seeks enrollment; and meets at least two of the
following additional conditions:
(1) The student has a record of in-school disciplinary
actions, suspensions, expulsions, or truancy.
(2) The student has not attained at least a proficient score
on the state achievement assessments in English language arts,
reading, or mathematics prescribed under section 3301.0710 of the
Revised Code, after those assessments have been administered to
the student at least once, or the student has not attained at
least a score designated by the board of trustees of the
college-preparatory boarding school in which the student seeks
enrollment under this chapter on an end-of-course examination in
English language arts or mathematics prescribed under section
3301.0712 of the Revised Code.
(3) The student is a child with a disability.
(4) The student has been referred for academic intervention
services.
(5) The student's head of household is a single parent. As
used in this division and in division (B)(6) of this section,
"head of household" means a person who occupies the same household
as the student and who is financially responsible for the student.
(6) The student's head of household is not the student's
custodial parent.
(7) A member of the student's family has been imprisoned, as
defined in section 1.05 of the Revised Code.
(C) "Entitled to attend school" means entitled to attend
school in a school district under section 3313.64 or 3313.65 of
the Revised Code.
(D) "Operator" means the operator of a college-preparatory
boarding school selected under section 3328.11 of the Revised
Code.
(E) "Participating school district" means either of the
following:
(1) The school district in which a college-preparatory
boarding school established under this chapter is located;
(2) A school district other than one described in division
(E)(1) of this section that, pursuant to procedures adopted by the
state board of education under section 3328.04 of the Revised
Code, agrees to be a participating school district so that
eligible students entitled to attend school in that district may
enroll in a college-preparatory boarding school established under
this chapter.
Sec. 3328.02. Each college-preparatory boarding school
established under this chapter is a public school and is part of
the state's program of education, subject to a charter granted by
the state board of education under section 3301.16 of the Revised
Code.
Sec. 3328.03. In accordance with Section 22 of Article II,
Ohio Constitution, no agreement or contract entered into under
this chapter shall create an obligation of state funds for a
period longer than two years; however, the general assembly, every
two years, may authorize renewal of any such obligation.
Sec. 3328.04. The city, exempted village, or local school
district in which a college-preparatory boarding school
established under this chapter is located is a participating
school district under this chapter. Any other city, exempted
village, or local school district may agree to be a participating
school district. The state board of education shall adopt
procedures for districts to agree to be participating school
districts.
Sec. 3328.11. (A) In accordance with the procedures
prescribed in division (B) of this section, the state board of
education shall select a private nonprofit corporation that meets
the following qualifications to operate each college-preparatory
boarding school established under this chapter:
(1) The corporation has experience operating a school or
program similar to the schools authorized under this chapter.
(2) The school or program described in division (A)(1) of
this section has demonstrated to the satisfaction of the state
board success in improving the academic performance of students.
(3) The corporation has demonstrated to the satisfaction of
the state board that the corporation has the capacity to secure
private funds for the development of the school authorized under
this chapter.
(B)(1) Not later than sixty days after the effective date of
this section, the state board shall issue a request for proposals
from private nonprofit corporations qualified to operate a
college-preparatory boarding school established under this
chapter. If the state board subsequently determines that the
establishment of one or more additional college-preparatory
boarding schools is advisable, the state board shall issue
requests for proposals from private nonprofit corporations
qualified to operate those additional schools.
In all cases, the state board shall select the school's
operator from among the qualified responders within one hundred
eighty days after the issuance of the request for proposals. If no
qualified responder submits a proposal, the state board may issue
another request for proposals.
(2) Each proposal submitted to the state board shall contain
the following information:
(a) The proposed location of the college-preparatory boarding
school, which may differ from any location recommended by the
state board in the request for proposals;
(b) A plan for offering grade five or six in the school's
initial year of operation and a plan for increasing the grade
levels offered by the school in subsequent years;
(c) Any other information about the proposed educational
program, facilities, or operations of the school considered
necessary by the state board.
Sec. 3328.12. The state board of education shall enter into
a contract with the operator of each college-preparatory boarding
school established under this chapter. The contract shall
stipulate the following:
(A) The school may operate only if and to the extent the
school holds a valid charter granted by the state board under
section 3301.16 of the Revised Code.
(B) The operator shall oversee the acquisition of a facility
for the school.
(C) The operator shall operate the school in accordance with
the terms of the proposal accepted by the state board under
section 3328.11 of the Revised Code, including the plan for
increasing the grade levels offered by the school.
(D) The school shall comply with the provisions of this
chapter.
(E) The school shall comply with any other provisions of law
specified in the contract, the charter granted by the state board,
and the rules adopted by the state board under section 3328.50 of
the Revised Code.
(F) The school shall comply with the bylaws adopted by the
operator under section 3328.13 of the Revised Code.
(G) The school shall meet the academic goals and other
performance standards specified in the contract.
(H) The state board or the operator may terminate the
contract in accordance with the procedures specified in the
contract, which shall include at least a requirement that the
party seeking termination give prior notice of the intent to
terminate the contract and a requirement that the party receiving
such notice be granted an opportunity to redress any grievances
cited in the notice prior to the termination.
(I) If the school closes for any reason, the school's board
of trustees shall execute the closing in the manner specified in
the contract.
Sec. 3328.13. Each operator of a college-preparatory boarding
school established under this chapter shall adopt bylaws for the
oversight and operation of the school that are consistent with the
provisions of this chapter, the rules adopted under section
3328.50 of the Revised Code, the contract between the operator and
the state board of education, and the charter granted to the
school by the state board. The bylaws shall include procedures for
the appointment of members of the school's board of trustees,
whose terms of office shall be as prescribed in section 3328.15 of
the Revised Code. The bylaws also shall include standards for the
admission of students to the school and their dismissal from the
school. The bylaws shall be subject to the approval of the state
board.
Sec. 3328.14. Each operator of a college-preparatory boarding
school established under this chapter shall adopt a program of
outreach to inform every city, local, and exempted village school
district about the school and the procedures for admission to the
school and for becoming a participating school district.
Sec. 3328.15. (A) Each college-preparatory boarding school
established under this chapter shall be governed by a board of
trustees consisting of up to twenty-five members. Five of those
members shall be appointed by the governor, with the advice and
consent of the senate. The governor's appointments may be based on
nonbinding recommendations made by the superintendent of public
instruction. The remaining members shall be appointed pursuant to
the bylaws adopted under section 3328.13 of the Revised Code.
(B) The terms of office of the initial members shall be as
follows:
(1) Two members appointed by the governor shall serve for an
initial term of three years.
(2) Two members appointed by the governor shall serve for an
initial term of two years.
(3) One member appointed by the governor shall serve for an
initial term of one year.
(4) One-third of the members appointed pursuant to the
bylaws, rounded down to the nearest whole number, shall serve for
an initial term of three years.
(5) One-third of the members appointed pursuant to the
bylaws, rounded down to the nearest whole number, shall serve for
an initial term of two years.
(6) One-third of the members appointed pursuant to the
bylaws, rounded down to the nearest whole number, shall serve for
an initial term of one year.
(7) Any remaining members appointed pursuant to the bylaws
shall serve for an initial term of one year.
Thereafter the terms of office of all members shall be for
three years.
The beginning date and ending date of terms of office shall
be as prescribed in the bylaws adopted under section 3328.13 of
the Revised Code.
(C) Vacancies on the board shall be filled in the same manner
as the initial appointments. A member appointed to an unexpired
term shall serve for the remainder of that term and may be
reappointed subject to division (D) of this section.
(D) No member may serve for more than three consecutive
three-year terms.
(E) The officers of the board shall be selected by and from
among the members of the board.
(F) Compensation for the members of the board, if any, shall
be as prescribed in the bylaws adopted under section 3328.13 of
the Revised Code.
Sec. 3328.17. Employees of a college-preparatory boarding
school established under this chapter may organize and
collectively bargain pursuant to Chapter 4117. of the Revised
Code. Notwithstanding division (D)(1) of section 4117.06 of the
Revised Code, a unit containing teaching and nonteaching employees
employed under this section may be considered an appropriate unit.
Sec. 3328.18. (A) As used in this section, "license" has the
same meaning as in section 3319.31 of the Revised Code.
(B) If a person who is employed by a college-preparatory
boarding school established under this chapter or its operator is
arrested, summoned, or indicted for an alleged violation of an
offense listed in division (C) of section 3319.31 of the Revised
Code, if the person holds a license, or an offense listed in
division (B)(1) of section 3319.39 of the Revised Code, if the
person does not hold a license, the chief administrator of the
school in which that person works shall suspend that person from
all duties that require the care, custody, or control of a child
during the pendency of the criminal action against the person. If
the person who is arrested, summoned, or indicted for an alleged
violation of an offense listed in division (C) of section 3319.31
or division (B)(1) of section 3319.39 of the Revised Code is the
chief administrator of the school, the board of trustees of the
school shall suspend the chief administrator from all duties that
require the care, custody, or control of a child.
(C) When a person who holds a license is suspended in
accordance with this section, the chief administrator or board
that imposed the suspension promptly shall report the person's
suspension to the department of education. The report shall
include the offense for which the person was arrested, summoned,
or indicted.
Sec. 3328.19. (A) As used in this section:
(1) "Conduct unbecoming to the teaching profession" shall be
as described in rules adopted by the state board of education.
(2) "Intervention in lieu of conviction" means intervention
in lieu of conviction under section 2951.041 of the Revised Code.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(4) "Pre-trial diversion program" means a pre-trial diversion
program under section 2935.36 of the Revised Code or a similar
diversion program under rules of a court.
(B) The chief administrator of each college-preparatory
boarding school established under this chapter, or the president
or chairperson of the board of trustees of the school if division
(C) of this section applies, shall promptly submit to the
superintendent of public instruction the information prescribed in
division (D) of this section when any of the following conditions
applies to a person employed to work in the school who holds a
license issued by the state board of education:
(1) The chief administrator, or president or chairperson,
knows that the employee has pleaded guilty to, has been found
guilty by a jury or court of, has been convicted of, has been
found to be eligible for intervention in lieu of conviction for,
or has agreed to participate in a pre-trial diversion program for
an offense described in division (B)(2) or (C) of section 3319.31
or division (B)(1) of section 3319.39 of the Revised Code.
(2) The board of trustees of the school, or the operator, has
initiated termination or nonrenewal proceedings against, has
terminated, or has not renewed the contract of the employee
because the board or operator has reasonably determined that the
employee has committed an act that is unbecoming to the teaching
profession or an offense described in division (B)(2) or (C) of
section 3319.31 or division (B)(1) of section 3319.39 of the
Revised Code.
(3) The employee has resigned under threat of termination or
nonrenewal as described in division (B)(2) of this section.
(4) The employee has resigned because of or in the course of
an investigation by the board or operator regarding whether the
employee has committed an act that is unbecoming to the teaching
profession or an offense described in division (B)(2) or (C) of
section 3319.31 or division (B)(1) of section 3319.39 of the
Revised Code.
(C) If the employee to whom any of the conditions prescribed
in divisions (B)(1) to (4) of this section applies is the chief
administrator of the school, the president or chairperson of the
board of trustees of the school shall make the report required
under this section.
(D) If a report is required under this section, the chief
administrator, or president or chairperson, shall submit to the
superintendent of public instruction the name and social security
number of the employee about whom the information is required and
a factual statement regarding any of the conditions prescribed in
divisions (B)(1) to (4) of this section that apply to the
employee.
(E) A determination made by the board or operator as
described in division (B)(2) of this section or a termination,
nonrenewal, resignation, or other separation described in
divisions (B)(2) to (4) of this section does not create a
presumption of the commission or lack of the commission by the
employee of an act unbecoming to the teaching profession or an
offense described in division (B)(2) or (C) of section 3319.31 or
division (B)(1) of section 3319.39 of the Revised Code.
(F) No individual required to submit a report under division
(B) of this section shall knowingly fail to comply with that
division.
(G) An individual who provides information to the
superintendent of public instruction in accordance with this
section in good faith shall be immune from any civil liability
that otherwise might be incurred or imposed for injury, death, or
loss to person or property as a result of the provision of that
information.
Sec. 3328.191. The board of trustees of each
college-preparatory boarding school established under this chapter
shall require that the reports of any investigation by the board
or by the school's operator of an employee who works in the
school, regarding whether the employee has committed an act or
offense for which the chief administrator of the school or the
president or chairperson of the board is required to make a report
to the superintendent of public instruction under section 3328.19
of the Revised Code, be kept in the employee's personnel file. If,
after an investigation under division (A) of section 3319.311 of
the Revised Code, the superintendent of public instruction
determines that the results of that investigation do not warrant
initiating action under section 3319.31 of the Revised Code, the
board shall require the reports of the investigation to be moved
from the employee's personnel file to a separate public file.
Sec. 3328.192. Notwithstanding any provision to the contrary
in Chapter 4117. of the Revised Code, the provisions of sections
3328.19 and 3328.191 of the Revised Code prevail over any
conflicting provisions of a collective bargaining agreement or
contract for employment entered into on or after the effective
date of this section.
Sec. 3328.193. (A) As used in this section, "license" has
the same meaning as in section 3319.31 of the Revised Code.
(B) No employee of a college-preparatory boarding school
established under this chapter or its operator shall do either of
the following:
(1) Knowingly make a false report to the chief administrator
of the school, or the chief administrator's designee, alleging
misconduct by another employee of the school or its operator;
(2) Knowingly cause the chief administrator, or the chief
administrator's designee, to make a false report of the alleged
misconduct to the superintendent of public instruction or the
state board of education.
(C) Any employee of a college-preparatory boarding school
established under this chapter or its operator who in good faith
reports to the chief administrator of the school, or the chief
administrator's designee, information about alleged misconduct
committed by another employee of the school or operator shall be
immune from any civil liability that otherwise might be incurred
or imposed for injury, death, or loss to person or property as a
result of the reporting of that information.
If the alleged misconduct involves a person who holds a
license but the chief administrator is not required to submit a
report to the superintendent of public instruction under section
3328.19 of the Revised Code and the chief administrator, or the
chief administrator's designee, in good faith reports the alleged
misconduct to the superintendent of public instruction or the
state board, the chief administrator, or the chief administrator's
designee, shall be immune from any civil liability that otherwise
might be incurred or imposed for injury, death, or loss to person
or property as a result of the reporting of that information.
(D)(1) In any civil action brought against a person in which
it is alleged and proved that the person violated division (B) of
this section, the court shall award the prevailing party
reasonable attorney's fees and costs that the prevailing party
incurred in the civil action or as a result of the false report
that was the basis of the violation.
(2) If a person is convicted of or pleads guilty to a
violation of division (B) of this section, if the subject of the
false report that was the basis of the violation was charged with
any violation of a law or ordinance as a result of the false
report, and if the subject of the false report is found not to be
guilty of the charges brought against the subject as a result of
the false report or those charges are dismissed, the court that
sentences the person for the violation of division (B) of this
section, as part of the sentence, shall order the person to pay
restitution to the subject of the false report, in an amount equal
to reasonable attorney's fees and costs that the subject of the
false report incurred as a result of or in relation to the
charges.
Sec. 3328.20. (A) As used in this section:
(1) "Designated official" means the chief administrator of a
college-preparatory boarding school established under this
chapter, or the chief administrator's designee.
(2) "Essential school services" means services provided by a
private company under contract with a college-preparatory boarding
school established under this chapter that the chief administrator
of the school has determined are necessary for the operation of
the school and that would need to be provided by persons employed
by the school or its operator if the services were not provided by
the private company.
(3) "License" has the same meaning as in section 3319.31 of
the Revised Code.
(B) This section applies to any person who is an employee of
a private company under contract with a college-preparatory
boarding school established under this chapter to provide
essential school services and who will work in the school in a
position that does not require a license issued by the state board
of education, is not for the operation of a vehicle for pupil
transportation, and that involves routine interaction with a child
or regular responsibility for the care, custody, or control of a
child.
(C) No college-preparatory boarding school established under
this chapter shall permit a person to whom this section applies to
work in the school, unless one of the following applies to the
person:
(1) The person's employer presents proof of both of the
following to the designated official:
(a) That the person has been the subject of a criminal
records check conducted in accordance with division (D) of this
section within the five-year period immediately prior to the date
on which the person will begin working in the school;
(b) That the criminal records check indicates that the person
has not been convicted of or pleaded guilty to any offense
described in division (B)(1) of section 3319.39 of the Revised
Code.
(2) During any period of time in which the person will have
routine interaction with a child or regular responsibility for the
care, custody, or control of a child, the designated official has
arranged for an employee of the school to be present in the same
room with the child or, if outdoors, to be within a thirty-yard
radius of the child or to have visual contact with the child.
(D) Any private company that has been hired or seeks to be
hired by a college-preparatory boarding school established under
this chapter to provide essential school services may request the
bureau of criminal identification and investigation to conduct a
criminal records check of any of its employees for the purpose of
complying with division (C)(1) of this section. Each request for a
criminal records check under this division shall be made to the
superintendent of the bureau in the manner prescribed in section
3319.39 of the Revised Code. Upon receipt of a request, the bureau
shall conduct the criminal records check in accordance with
section 109.572 of the Revised Code as if the request had been
made under section 3319.39 of the Revised Code.
Notwithstanding division (H) of section 109.57 of the Revised
Code, the private company may share the results of any criminal
records check conducted under this division with the designated
official for the purpose of complying with division (C)(1) of this
section, but in no case shall the designated official release that
information to any other person.
Sec. 3328.21. (A) Any eligible student may apply for
admission to a college-preparatory boarding school established
under this chapter in a grade level offered by the school that is
appropriate for the student and shall be admitted to the school in
that grade level to the extent the student's admission is within
the capacity of the school as established by the school's board of
trustees, subject to division (B) of this section. If more
eligible students apply for admission than the number of students
permitted by the capacity established by the board of trustees,
admission shall be by lot.
(B) In the first year of operation, each school established
under this chapter shall offer only grade five or six and shall
not admit more than eighty students to the school. In each
subsequent year of operation, the school may add additional grade
levels as specified in the contract under section 3328.12 of the
Revised Code, but at no time shall the school's total student
population exceed four hundred students.
Sec. 3328.22. The educational program of a
college-preparatory boarding school established under this chapter
shall include at least all of the following:
(A) A remedial curriculum for students in grades lower than
grade nine;
(B) A college-preparatory curriculum for high school students
that, at a minimum, shall comply with section 3313.603 of the
Revised Code as that section applies to school districts;
(C) Extracurricular activities, including athletic and
cultural activities;
(D) College admission counseling;
(E) Health and mental health services;
(G) Community services opportunities;
(H) A residential student life program.
Sec. 3328.23. (A) A college-preparatory boarding school
established under this chapter and the school's operator shall
comply with Chapter 3323. of the Revised Code as if the school
were a school district. For each child with a disability enrolled
in the school for whom an IEP has been developed, the school and
its operator shall verify in the manner prescribed by the
department of education that the school is providing the services
required under the child's IEP.
(B) The school district in which a child with a disability
enrolled in the college-preparatory boarding school is entitled to
attend school and the child's school district of residence, if
different, are not obligated to provide the student with a free
appropriate public education under Chapter 3323. of the Revised
Code for as long as the child is enrolled in the
college-preparatory boarding school.
Sec. 3328.24. A college-preparatory boarding school
established under this chapter, its operator, and its board of
trustees shall comply with sections 3301.0710, 3301.0711,
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as
if the school and the operator were a school district and the
school's board of trustees were a district board of education.
Sec. 3328.25. (A) The board of trustees of a
college-preparatory boarding school established under this chapter
shall grant a diploma to any student enrolled in the school to
whom all of the following apply:
(1) The student has successfully completed the school's high
school curriculum or the IEP developed for the student by the
school pursuant to section 3323.08 of the Revised Code or has
qualified under division (D) or (F) of section 3313.603 of the
Revised Code, provided that the school shall not require a student
to remain in school for any specific number of semesters or other
terms if the student completes the required curriculum early.
(2) Subject to section 3313.614 of the Revised Code, the
student has met the assessment requirements of division (A)(2)(a)
or (b) of this section, as applicable.
(a) If the student entered ninth grade prior to the date
prescribed by rule of the state board of education under division
(E)(2) of section 3301.0712 of the Revised Code, the student
either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments prescribed by that division unless division
(L) of section 3313.61 of the Revised Code applies to the student;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered ninth grade on or after the date
prescribed by rule of the state board under division (E)(2) of
section 3301.0712 of the Revised Code, the student has attained on
the entire assessment system prescribed under division (B)(2) of
section 3301.0710 of the Revised Code at least the required
passing composite score, designated under division (C)(1) of
section 3301.0712 of the Revised Code, except to the extent that
the student is excused from some portion of that assessment system
pursuant to division (L) of section 3313.61 of the Revised Code.
(3) The student is not eligible to receive an honors diploma
granted under division (B) of this section.
No diploma shall be granted under this division to anyone
except as provided in this division.
(B) In lieu of a diploma granted under division (A) of this
section, the board of trustees shall grant an honors diploma, in
the same manner that boards of education of school districts grant
honors diplomas under division (B) of section 3313.61 of the
Revised Code, to any student enrolled in the school who
accomplishes all of the following:
(1) Successfully completes the school's high school
curriculum or the IEP developed for the student by the school
pursuant to section 3323.08 of the Revised Code;
(2) Subject to section 3313.614 of the Revised Code, has met
the assessment requirements of division (B)(2)(a) or (b) of this
section, as applicable.
(a) If the student entered ninth grade prior to the date
prescribed by rule of the state board under division (E)(2) of
section 3301.0712 of the Revised Code, the student either:
(i) Has attained at least the applicable scores designated
under division (B)(1) of section 3301.0710 of the Revised Code on
all the assessments prescribed under that division;
(ii) Has satisfied the alternative conditions prescribed in
section 3313.615 of the Revised Code.
(b) If the person entered ninth grade on or after the date
prescribed by rule of the state board under division (E)(2) of
section 3301.0712 of the Revised Code, the student has attained on
the entire assessment system prescribed under division (B)(2) of
section 3301.0710 of the Revised Code at least the required
passing composite score, designated under division (C)(1) of
section 3301.0712 of the Revised Code.
(3) Has met the additional criteria for granting an honors
diploma prescribed by the state board under division (B) of
section 3313.61 of the Revised Code for the granting of honors
diplomas by school districts.
An honors diploma shall not be granted to a student who is
subject to the Ohio core curriculum prescribed in division (C) of
section 3313.603 of the Revised Code but elects the option of
division (D) or (F) of that section. No honors diploma shall be
granted to anyone failing to comply with this division, and not
more than one honors diploma shall be granted to any student under
this division.
(C) A diploma or honors diploma awarded under this section
shall be signed by the presiding officer of the board of trustees.
Each diploma shall bear the date of its issue and be in such form
as the board of trustees prescribes.
(D) Upon granting a diploma to a student under this section,
the presiding officer of the board of trustees shall provide
notice of receipt of the diploma to the board of education of the
city, exempted village, or local school district where the student
is entitled to attend school when not residing at the
college-preparatory boarding school. The notice shall indicate the
type of diploma granted.
Sec. 3328.26. (A) The department of education shall issue an
annual report card for each college-preparatory boarding school
established under this chapter that includes all information
applicable to school buildings under section 3302.03 of the
Revised Code.
(B) For each student enrolled in the school, the department
shall combine data regarding the academic performance of that
student with comparable data from the school district in which the
student is entitled to attend school for the purpose of
calculating the performance of the district as a whole on the
report card issued for the district under section 3302.03 of the
Revised Code.
(C) Each college-preparatory boarding school and its operator
shall comply with sections 3302.04 and 3302.041 of the Revised
Code, except that any action required to be taken by a school
district pursuant to those sections shall be taken by the school.
Sec. 3328.41. Each participating school district shall be
responsible for providing transportation on a weekly basis for
each student enrolled in a college-preparatory boarding school
established under this chapter who is entitled to attend school in
the district to and from that college-preparatory boarding school.
Sec. 3328.45. (A) If the state board of education determines
that a college-preparatory boarding school established under this
chapter is not in compliance with any provision of this chapter or
the terms of the contract entered into under section 3328.12 of
the Revised Code, or that the school has failed to meet the
academic goals or performance standards specified in that
contract, the state board may initiate the termination procedures
specified in the contract. No termination shall take effect prior
to the end of a school year. Upon the effective date of a
termination, the school shall close.
(B) If a college-preparatory boarding school is required to
close under division (A) of this section or closes for any other
reason, the school's board of trustees shall execute the closing
as provided in the contract under section 3328.12 of the Revised
Code.
Sec. 3328.50. The state board of education shall adopt rules
in accordance with Chapter 119. of the Revised Code prescribing
procedures necessary for the implementation of this chapter.
Sec. 3328.99. (A) Whoever violates division (F) of section
3328.19 of the Revised Code shall be punished as follows:
(1) Except as otherwise provided in division (A)(2) of this
section, the person is guilty of a misdemeanor of the fourth
degree.
(2) The person is guilty of a misdemeanor of the first degree
if both of the following conditions apply:
(a) The employee who is the subject of the report that the
person fails to submit was required to be reported for the
commission or alleged commission of an act or offense involving
the infliction on a child of any physical or mental wound, injury,
disability, or condition of a nature that constitutes abuse or
neglect of the child.
(b) During the period between the violation of division (F)
of section 3328.19 of the Revised Code and the conviction of or
plea of guilty by the person for that violation, the employee who
is the subject of the report that the person fails to submit
inflicts on any child attending a school district, educational
service center, public or nonpublic school, or county board of
developmental disabilities where the employee works any physical
or mental wound, injury, disability, or condition of a nature that
constitutes abuse or neglect of the child.
(B) Whoever violates division (B) of section 3328.193 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec. 3329.08. At any regular meeting, the board of education
of each local
school district, from lists adopted by the
educational service center governing board, and the board of
education of each, city, and exempted village school district
shall determine by a majority vote of all members elected or
appointed under division (B) or (F) of section 3311.71 of the
Revised Code which of such textbooks or electronic textbooks so
filed shall be used in the schools under its control.
Sec. 3331.01. (A) As used in this chapter:
(1) "Superintendent" or "superintendent of schools" of a
school district means the person employed as the superintendent or
that person's designee.
In the case of a local school district,
such designee may be the superintendent of the educational service
center to which the school district belongs.
(2) "Chief administrative officer" means the chief
administrative officer of a nonpublic or community school or that
person's designee.
(B)(1) Except as provided in division (B)(2) of this section,
an age and schooling certificate may be issued only by the
superintendent of the city, local, joint vocational, or exempted
village school district in which the child in whose name such
certificate is issued resides or by the chief administrative
officer of the nonpublic or community school the child attends,
and only upon satisfactory proof that the child to whom the
certificate is issued is at least fourteen years of age.
(2) A child who resides in this state shall apply for an age
and schooling certificate to the superintendent of the school
district in which the child resides, or to the chief
administrative officer of the school that the child attends.
Residents of other states who work in Ohio shall apply to the
superintendent of the school district in which the place of
employment is located, as a condition of employment or service.
(C) Any such age and schooling certificate may be issued only
upon satisfactory proof that the employment contemplated by the
child is not prohibited by any law regulating the employment of
such children. Section 4113.08 of the Revised Code does not apply
to such employer in respect to such child while engaged in an
employment legal for a child of the age stated therein.
(D) Age and schooling certificate forms shall be approved by
the state board of education, including forms submitted
electronically. Forms shall not display the social security number
of the child. Except as otherwise provided in this section, every
application for an age and schooling certificate must be signed in
the presence of the officer issuing it by the child in whose name
it is issued.
(E) A child shall furnish the superintendent or chief
administrative officer all information required by this chapter in
support of the issuance of a certificate.
(F) On and after September 1, 2002, each superintendent and
chief administrative officer who issues an age and schooling
certificate shall file electronically the certificate with the
director of commerce in accordance with rules adopted by the
director of administrative services pursuant to section 1306.21 of
the Revised Code. On and after September 1, 2002, only
electronically filed certificates are valid to satisfy the
requirements of Chapter 4109. of the Revised Code.
Sec. 3333.03. (A) The governor, with the advice and consent
of the senate, shall appoint the chancellor of the Ohio board of
regents. The governor may remove the chancellor in accordance with
section 3.04 of the Revised Code, except that the removal shall
not require the advice and consent of the senate. The chancellor
shall serve at the pleasure of the governor, and the governor
shall prescribe the chancellor's duties in addition to the
chancellor's duties prescribed by law. In no case shall the
chancellor assume any duties prescribed by the governor or law
until the senate has consented to the chancellor's appointment.
The governor shall fix the compensation for the chancellor. The
chancellor shall be a member of the governor's cabinet.
(B) The term of office of the chancellor shall be five years.
Any person appointed chancellor to fill a vacancy occurring prior
to the expiration of the term for which the predecessor was
appointed shall hold office for the remainder of that term. Any
vacancy in the office shall be filled within sixty days after the
vacancy occurs. Each chancellor shall continue in office
subsequent to the expiration date of the term for which the
chancellor was appointed until a successor takes office, or until
a period of sixty days has elapsed, whichever occurs first. The
chancellor may be reappointed. The term of the chancellor in
office on the effective date of this amendment shall coincide with
the term of that chancellor's appointing governor. Subsequent
appointments to the office of chancellor shall be made pursuant to
division (A) of this section.
(C) The chancellor is responsible for appointing and fixing
the compensation of all professional, administrative, and clerical
employees and staff members necessary to assist in the performance
of the chancellor's duties. All employees and staff shall serve at
the chancellor's pleasure.
(D) The chancellor shall be a person qualified by training
and experience to understand the problems and needs of the state
in the field of higher education and to devise programs, plans,
and methods of solving the problems and meeting the needs.
(E) Neither the chancellor nor any staff member or employee
of the chancellor shall be a trustee, officer, or employee of any
public or private college or university while serving as
chancellor, staff member, or employee.
Sec. 3333.043. (A) As used in this section:
(1) "Institution of higher education" means the state
universities listed in section 3345.011 of the Revised Code,
municipal educational institutions established under Chapter 3349.
of the Revised Code, community colleges established under Chapter
3354. of the Revised Code, university branches established under
Chapter 3355. of the Revised Code, technical colleges established
under Chapter 3357. of the Revised Code, state community colleges
established under Chapter 3358. of the Revised Code, any
institution of higher education with a certificate of registration
from the state board of career colleges and schools, and any
institution for which the chancellor of the Ohio board of regents
receives a notice pursuant to division (C) of this section.
(2) "Community service" has the same meaning as in section
3313.605 of the Revised Code.
(B)(1) The board of trustees or other governing entity of
each institution of higher education shall encourage and promote
participation of students in community service through a program
appropriate to the mission, student population, and environment of
each institution. The program may include, but not be limited to,
providing information about community service opportunities during
student orientation or in student publications; providing awards
for exemplary community service; encouraging faculty members to
incorporate community service into students' academic experiences
wherever appropriate to the curriculum; encouraging recognized
student organizations to undertake community service projects as
part of their purposes; and establishing advisory committees of
students, faculty members, and community and business leaders to
develop cooperative programs that benefit the community and
enhance student experience. The program shall be flexible in
design so as to permit participation by the greatest possible
number of students, including part-time students and students for
whom participation may be difficult due to financial, academic,
personal, or other considerations. The program shall emphasize
community service opportunities that can most effectively use the
skills of students, such as tutoring or literacy programs. The
programs shall encourage students to perform services that will
not supplant the hiring of, result in the displacement of, or
impair any existing employment contracts of any particular
employee of any private or governmental entity for which services
are performed.
(2) The chancellor of the Ohio board of regents shall
encourage all institutions of higher education in the development
of community service programs. With the assistance of the Ohio
community commission on service
council and volunteerism created
in section 121.40 of the Revised Code, the chancellor shall make
available information about higher education community service
programs to institutions of higher education and to statewide
organizations involved with or promoting volunteerism, including
information about model community service programs, teacher
training courses, and community service curricula and teaching
materials for possible use by institutions of higher education in
their programs. The chancellor shall encourage institutions of
higher education to jointly coordinate higher education community
service programs through consortia of institutions or other
appropriate means of coordination.
(C) The board of trustees of any nonprofit institution with a
certificate of authorization issued pursuant to Chapter 1713. of
the Revised Code or the governing authority of a private
institution exempt from regulation under Chapter 3332. of the
Revised Code as prescribed in section 3333.046 of the Revised Code
may notify the chancellor that it is making itself subject to
divisions (A) and (B) of this section. Upon receipt of such a
notice, these divisions shall apply to that institution.
Sec. 3333.31. (A) For state subsidy and tuition surcharge
purposes, status as a resident of Ohio shall be defined by the
chancellor of the Ohio board of regents by rule promulgated
pursuant to Chapter 119. of the Revised Code. No adjudication as
to the status of any person under such rule, however, shall be
required to be made pursuant to Chapter 119. of the Revised Code.
The term "resident" for these purposes shall not be equated with
the definition of that term as it is employed elsewhere under the
laws of this state and other states, and shall not carry with it
any of the legal connotations appurtenant thereto. Rather, except
as provided in division divisions (B) and (D) of this section, for
such purposes, the rule promulgated under this section shall have
the objective of excluding from treatment as residents those who
are present in the state primarily for the purpose of attending a
state-supported or state-assisted institution of higher education,
and may prescribe presumptive rules, rebuttable or conclusive, as
to such purpose based upon the source or sources of support of the
student, residence prior to first enrollment, evidence of
intention to remain in the state after completion of studies, or
such other factors as the chancellor deems relevant.
(B) The rules of the chancellor for determining student
residency shall grant residency status to a veteran and to the
veteran's spouse and any dependent of the veteran, if both of the
following conditions are met:
(a) Served one or more years on active military duty and was
honorably discharged or received a medical discharge that was
related to the military service;
(b) Was killed while serving on active military duty or has
been declared to be missing in action or a prisoner of war.
(2) If the veteran seeks residency status for tuition
surcharge purposes, the veteran has established domicile in this
state as of the first day of a term of enrollment in an
institution of higher education. If the spouse or a dependent of
the veteran seeks residency status for tuition surcharge purposes,
the veteran and the spouse or dependent seeking residency status
have established domicile in this state as of the first day of a
term of enrollment in an institution of higher education, except
that if the veteran was killed while serving on active military
duty or has been declared to be missing in action or a prisoner of
war, only the spouse or dependent seeking residency status shall
be required to have established domicile in accordance with this
division.
(C) The rules of the chancellor for determining student
residency shall not deny residency status to a student who is
either a dependent child of a parent, or the spouse of a person
who, as of the first day of a term of enrollment in an institution
of higher education, has accepted full-time employment and
established domicile in this state for reasons other than gaining
the benefit of favorable tuition rates.
Documentation of full-time employment and domicile shall
include both of the following documents:
(1) A sworn statement from the employer or the employer's
representative on the letterhead of the employer or the employer's
representative certifying that the parent or spouse of the student
is employed full-time in Ohio;
(2) A copy of the lease under which the parent or spouse is
the lessee and occupant of rented residential property in the
state, a copy of the closing statement on residential real
property of which the parent or spouse is the owner and occupant
in this state or, if the parent or spouse is not the lessee or
owner of the residence in which the parent or spouse has
established domicile, a letter from the owner of the residence
certifying that the parent or spouse resides at that residence.
Residency officers may also evaluate, in accordance with the
chancellor's rule, requests for immediate residency status from
dependent students whose parents are not living and whose domicile
follows that of a legal guardian who has accepted full-time
employment and established domicile in the state for reasons other
than gaining the benefit of favorable tuition rates.
(D) The rules of the chancellor for determining student
residency shall grant residency status to a person who, while a
resident of this state for state subsidy and tuition surcharge
purposes, graduated from a high school in this state, if the
person enrolls in an institution of higher education and
establishes domicile in this state within ten years after
graduating from high school, regardless of the student's residence
prior to that enrollment.
(E) "Dependent," "domicile," "institution of higher
education," and "residency officer" have the meanings ascribed in
the chancellor's rules adopted under this section.
Sec. 3333.43. (A) The chancellor of the Ohio board of
regents shall require all state institutions of higher education
that offer baccalaureate degrees, as a condition of
reauthorization for certification of each baccalaureate program
offered by the institution, to submit a statement describing how
each major for which the school offers a baccalaureate degree may
be completed within three academic years. The chronology of the
statement shall begin with the fall semester of a student's first
year of the baccalaureate program.
(B) The statement required under this section may include,
but not be limited to, any of the following methods to contribute
to earning a baccalaureate degree in three years:
(1) Advanced placement credit;
(2) International baccalaureate program credit;
(3) A waiver of degree and credit-hour requirements by
completion of courses that are widely available at community
colleges in the state or through online programs offered by state
institutions of higher education or private nonprofit institutions
of higher education holding certificates of authorization under
Chapter 1713. of the Revised Code, and through courses taken by
the student through the post-secondary enrollment options program
under Chapter 3365. of the Revised Code;
(4) Completion of coursework during summer sessions;
(5) A waiver of foreign-language degree requirements based on
a proficiency examination specified by the institution.
(C)(1) Not later than October 15, 2012, each state
institution of higher education shall provide statements required
under this section for ten per cent of all baccalaureate degree
programs offered by the institution.
(2) Not later than June 30, 2014, each state institution of
higher education shall provide statements required under this
section for sixty per cent of all baccalaureate degree programs
offered by the institution.
(D) Each state institution of higher education required to
submit statements under this section shall post its three-year
option on its web site and also provide that information to the
department of education. The department shall distribute that
information to the superintendent, high school principal, and
guidance counselor, or equivalents, of each school district,
community school established under Chapter 3314. of the Revised
Code, and STEM school established under Chapter 3326. of the
Revised Code.
(E) Nothing in this section requires an institution to take
any action that would violate the requirements of any independent
association accrediting baccalaureate degree programs.
Sec. 3333.66. (A)(1) Except as provided in division (A)(2) of
this section, in each academic year, no student who receives a
choose Ohio first scholarship shall receive less than one thousand
five hundred dollars or more than one-half of the highest in-state
undergraduate instructional and general fees charged by all state
universities. For this purpose, if Miami university is
implementing the pilot tuition restructuring plan originally
recognized in Am. Sub. H.B. 95 of the 125th general assembly, that
university's instructional and general fees shall be considered to
be the average full-time in-state undergraduate instructional and
general fee amount after taking into account the Ohio resident and
Ohio leader scholarships and any other credit provided to all Ohio
residents.
(2) The chancellor of the Ohio board of regents may authorize
a state university or college or a nonpublic Ohio institution of
higher education to award a choose Ohio first scholarship in an
amount greater than one-half of the highest in-state undergraduate
instructional and general fees charged by all state universities
to either of the following:
(a) Any undergraduate student who qualifies for a scholarship
and is enrolled in a program leading to a teaching profession in
science, technology, engineering, mathematics, or medicine;
(b) Any graduate student who qualifies for a scholarship, if
any initiatives are selected for award under division (B) of this
section.
(B) The chancellor shall encourage state universities and
colleges, alone or in collaboration with other state institutions
of higher education, nonpublic Ohio universities and colleges, or
other public or private Ohio entities, to submit proposals under
the choose Ohio first scholarship program for initiatives that
recruit either of the following:
(1) Ohio residents who enrolled in colleges and universities
in other states or other countries to return to Ohio and enroll in
state universities or colleges as graduate students in the fields
of science, technology, engineering, mathematics, and medicine, or
in the fields of science, technology, engineering, mathematics, or
medical education. If such proposals are submitted and meet the
chancellor's competitive criteria for awards, the chancellor,
subject to approval by the controlling board, shall give at least
one of the proposals preference for an award.
(2) Graduates, or undergraduates who will graduate in time to
participate in the program described in this division by the
subsequent school year, from an Ohio college or university who
received, or will receive, a degree in science, technology,
engineering, mathematics, or medicine to participate in a
graduate-level teacher education masters program in one of those
fields that requires the student to establish a domicile in the
state and to commit to teach for a minimum of three years in a
hard-to-staff school district in the state upon completion of the
master's degree program. The chancellor may require a college or
university to give priority to qualified candidates who graduated
from a high school in this state.
"Hard-to-staff" shall be as defined by the department of
education.
(C) The general assembly intends that money appropriated for
the choose Ohio first scholarship program in each fiscal year be
used for scholarships in the following academic year.
Sec. 3333.81. As used in sections 3333.81 to 3333.88 of the
Revised Code:
(A) "Clearinghouse" means the clearinghouse established under
section 3333.82 of the Revised Code.
(B) "Community school" means a community school established
under Chapter 3314. of the Revised Code.
(C) "Common statewide platform" means a software program that
facilitates the delivery of courses via computers from multiple
course providers to multiple end users, tracks the progress of the
end user, and includes an integrated searchable database of
standards-based course content.
(D) "Course provider" means a school district, community
school, STEM school, state institution of higher education,
private college or university, or nonprofit or for-profit private
entity that creates or is an agent of the creator of original
course content for a course offered through the clearinghouse.
(E) "Instructor" means an individual who holds a license
issued by the state board of education, as defined in section
3319.31 of the Revised Code, or an individual employed as an
instructor or professor by a state institution of higher education
or a private college or university.
(F) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(G) "STEM school" means a science, technology, engineering,
and mathematics school established under Chapter 3326. of the
Revised Code.
(H) A "student's community school" means the community school
in which the student is enrolled instead of being enrolled in a
school operated by a school district.
(I) A "student's school district" means the school district
operating the school in which the student is lawfully enrolled.
(J) "A student's STEM school" means the STEM school in which
the student is enrolled instead of being enrolled in a school
operated by a school district.
(K) "School district" means a city, exempted village, local,
or joint vocational school district.
Sec. 3333.82. (A) The chancellor of the Ohio board of
regents shall establish a clearinghouse of interactive distance
learning courses and other distance learning courses delivered via
a computer-based method offered by school districts, community
schools, STEM schools, state institutions of higher education,
private colleges and universities, and other nonprofit and
for-profit course providers for sharing with other school
districts, community schools, STEM schools, state institutions of
higher education, private colleges and universities, and
individuals for the fee set pursuant to section 3333.84 of the
Revised Code. The chancellor shall not be responsible for the
content of courses offered through the clearinghouse; however, all
such courses shall be delivered only in accordance with technical
specifications approved by the chancellor and on a common
statewide platform administered by the chancellor.
The clearinghouse's distance learning program for students in
grades kindergarten to twelve shall be based on the following
principles:
(1) All Ohio students shall have access to high quality
distance learning courses at any point in their educational
careers.
(2) All students shall be able to customize their education
using distance learning courses offered through the clearinghouse
and no student shall be denied access to any course in the
clearinghouse in which the student is eligible to enroll.
(3) Students may take distance learning courses for all or
any portion of their curriculum requirements and may utilize a
combination of distance learning courses and courses taught in a
traditional classroom setting.
(4) Students may earn an unlimited number of academic credits
through distance learning courses.
(5) Students may take distance learning courses at any time
of the calendar year.
(6) Student advancement to higher coursework shall be based
on a demonstration of subject area competency instead of
completion of any particular number of hours of instruction.
(B) To offer a course through the clearinghouse, a course
provider shall apply to the chancellor in a form and manner
prescribed by the chancellor. The application for each course
shall describe the course of study in as much detail as required
by the chancellor, whether an instructor is provided, the
qualification and credentials of the instructor, the number of
hours of instruction, and any other information required by the
chancellor. The chancellor may require course providers to include
in their applications information recommended by the state board
of education under former section 3353.30 of the Revised Code.
(C) The chancellor shall review the technical specifications
of each application submitted under division (B) of this section.
In reviewing applications, the chancellor may consult with the
department of education; however, the responsibility to either
approve or not approve a course for the clearinghouse belongs to
the chancellor. The chancellor may request additional information
from a course provider that submits an application under division
(B) of this section, if the chancellor determines that such
information is necessary. The chancellor may negotiate changes in
the proposal to offer a course, if the chancellor determines that
changes are necessary in order to approve the course.
(D) The chancellor shall catalog each course approved for the
clearinghouse, through a print or electronic medium, displaying
the following:
(1) Information necessary for a student and the student's
parent, guardian, or custodian and the student's school district,
community school, STEM school, college, or university to decide
whether to enroll in or subscribe to the course;
(2) Instructions for enrolling in that course, including
deadlines for enrollment.
(E) Any expenses related to the installation of a course into
the common statewide platform shall be borne by the course
provider.
(F) The chancellor may contract with an entity to perform any
or all of the chancellor's duties under sections 3333.81 to
3333.88 of the Revised Code.
The eTech Ohio commission, in
consultation with the chancellor and the state board, shall
distribute information to students and parents describing the
clearinghouse. The information shall be provided in an easily
understandable format.
Sec. 3333.83. (A) A student who is enrolled in a school
operated by a school district or in a community school or STEM
school may enroll in a course through the clearinghouse only if
both of the following conditions are satisfied:
(1) The student's enrollment in the course is approved by the
student's school district, community school, or STEM school.
(2) The student's school district, community school, or STEM
school agrees to accept for credit the grade assigned by the
course provider, if that provider is another school district,
community school, or STEM school Each school district, community
school, and STEM school shall encourage students to take advantage
of the distance learning opportunities offered through the
clearinghouse and shall assist any student electing to participate
in the clearinghouse with the selection and scheduling of courses
that satisfy the district's or school's curriculum requirements
and promote the student's post-secondary college or career plans.
(B) For each student enrolled in a school operated by a
school district or in a community school or STEM school who is
enrolling in a course provided through the clearinghouse by
another school district, community school, or STEM school, the
student's school district, community school, or STEM school shall
transmit the student's name to the course provider.
The course provider may request from the student's school
district, community school, or STEM school other information from
the student's school record. The district or school shall provide
the requested information only in accordance with section 3319.321
of the Revised Code.
(C) The student's school district, community school, or STEM
school shall determine the manner in which and facilities at which
the student shall participate in the course consistent with
specifications for technology and connectivity adopted by the
chancellor of the Ohio board of regents.
(D) A student may withdraw from a course prior to the end of
the course only by a date and in a manner prescribed by the
student's school district, community school, or STEM school.
(E) A student who is enrolled in a school operated by a
school district or in a community school or STEM school and who
takes a course through the clearinghouse shall be counted in the
formula ADM of a school district under section 3317.03 of the
Revised Code as if the student were taking the course from the
student's school district, community school, or STEM school.
Sec. 3333.84. (A) The fee charged for any course offered
through the clearinghouse shall be set by the course provider.
(B) The chancellor of the Ohio board of regents shall
prescribe the manner in which the fee for a course shall be
collected or deducted from the school district, school, college or
university, or individual subscribing to the course and in which
manner the fee shall be paid to the course provider.
(C) The chancellor may retain a percentage of the fee charged
for a course to offset the cost of maintaining and operating the
clearinghouse, including the payment of compensation for an entity
or a private entity that is under contract with the chancellor
under division (F) of section 3333.82 of the Revised Code. The
percentage retained shall be determined by the chancellor.
(D) Nothing in this section shall be construed to require the
school district, community school, or STEM school in which a
student is enrolled to pay the fee charged for a course taken by
the student.
Sec. 3333.85. (A) The grade for a student enrolled in a
school operated by a school district or in a community school or
STEM school for a course provided through the clearinghouse by
another school district, community school, or STEM school shall be
assigned by the course provider and shall be transmitted to the
student's school district, community school, or STEM school.
(B) The district or school enrolling the student shall award
the student credit for successful completion of the course. The
credit awarded shall be equivalent to any credit that would be
granted for successful completion of a similar course offered by
the district or school.
(C) No district or school shall prohibit or otherwise limit
any student's access to or participation in courses offered
through the clearinghouse, or refuse to recognize such courses as
fulfilling curriculum requirements, including the requirements for
a high school diploma under section 3313.603 of the Revised Code.
Sec. 3333.87. The chancellor of the Ohio board of regents
and the state board of education jointly, and in consultation with
the director of the governor's office of 21st century education,
shall adopt rules in accordance with Chapter 119. of the Revised
Code prescribing procedures for the implementation of sections
3333.81 to 3333.86 of the Revised Code.
Sec. 3333.90. (A) As used in this section:
(1) "Allocated state share of instruction" means, for any
fiscal year, the amount of the state share of instruction
appropriated to the Ohio board of regents by the general assembly
that is allocated to a community or technical college or community
or technical college district for such fiscal year.
(2) "Authority Issuing authority" means the Ohio building
authority has the same meaning as in section 154.01 of the Revised
Code.
(3) "Bond service charges" has the same meaning as in section
152.09 154.01 of the Revised Code.
(4) "Chancellor" means the chancellor of the Ohio board of
regents.
(5) "Community or technical college" or "college" means any
of the following state-supported or state-assisted institutions of
higher education:
(a) A community college as defined in section 3354.01 of the
Revised Code;
(b) A technical college as defined in section 3357.01 of the
Revised Code;
(c) A state community college as defined in section 3358.01
of the Revised Code.
(6) "Community or technical college district" or "district"
means any of the following institutions of higher education that
are state-supported or state-assisted:
(a) A community college district as defined in section
3354.01 of the Revised Code;
(b) A technical college district as defined in section
3357.01 of the Revised Code;
(c) A state community college district as defined in section
3358.01 of the Revised Code.
(7) "Credit enhancement facilities" has the same meaning as
in section 133.01 of the Revised Code.
(8) "Obligations" has the meaning as in section 152.09 154.01
or 3345.12 of the Revised Code, as the context requires.
(B) The board of trustees of any community or technical
college district authorizing the issuance of obligations under
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the
Revised Code, or for whose benefit and on whose behalf the issuing
authority proposes to issue obligations under division (G) of
section 152.09 154.25 of the Revised Code, may adopt a resolution
requesting the chancellor to enter into an agreement with the
community or technical college district and the primary paying
agent or fiscal agent for such obligations, providing for the
withholding and deposit of funds otherwise due the district or the
community or technical college it operates in respect of its
allocated state share of instruction, for the payment of bond
service charges on such obligations.
The board of trustees shall deliver to the chancellor a copy
of the resolution and any additional pertinent information the
chancellor may require.
The chancellor and the office of budget and management, and
the issuing authority in the case of obligations to be issued by
the issuing authority, shall evaluate each request received from a
community or technical college district under this section. The
chancellor, with the advice and consent of the director of budget
and management and the issuing authority in the case of
obligations to be issued by the issuing authority, shall approve
each request if all of the following conditions are met:
(1) Approval of the request will enhance the marketability of
the obligations for which the request is made;
(2) The chancellor and the office of budget and management,
and the issuing authority in the case of obligations to be issued
by the issuing authority, have no reason to believe the requesting
community or technical college district or the community or
technical college it operates will be unable to pay when due the
bond service charges on the obligations for which the request is
made, and bond service charges on those obligations are therefore
not anticipated to be paid pursuant to this section from the
allocated state share of instruction for purposes of Section 17 of
Article VIII, Ohio Constitution.
(3) Any other pertinent conditions established in rules
adopted under division (H) of this section.
(C) If the chancellor approves the request of a community or
technical college district to withhold and deposit funds pursuant
to this section, the chancellor shall enter into a written
agreement with the district and the primary paying agent or fiscal
agent for the obligations, which agreement shall provide for the
withholding of funds pursuant to this section for the payment of
bond service charges on those obligations. The agreement may also
include both of the following:
(1) Provisions for certification by the district to the
chancellor, prior to the deadline for payment of the applicable
bond service charges, whether the district and the community or
technical college it operates are able to pay those bond service
charges when due;
(2) Requirements that the district or the community or
technical college it operates deposits amounts for the payment of
those bond service charges with the primary paying agent or fiscal
agent for the obligations prior to the date on which the bond
service charges are due to the owners or holders of the
obligations.
(D) Whenever a district or the community or technical college
it operates notifies the chancellor that it will not be able to
pay the bond service charges when they are due, subject to the
withholding provisions of this section, or whenever the applicable
paying agent or fiscal agent notifies the chancellor that it has
not timely received from a district or from the college it
operates the full amount needed for payment of the bond service
charges when due to the holders or owners of such obligations, the
chancellor shall immediately contact the district or college and
the paying agent or fiscal agent to confirm that the district and
the college are not able to make the required payment by the date
on which it is due.
If the chancellor confirms that the district and the college
are not able to make the payment and the payment will not be made
pursuant to a credit enhancement facility, the chancellor shall
promptly pay to the applicable primary paying agent or fiscal
agent the lesser of the amount due for bond service charges or the
amount of the next periodic distribution scheduled to be made to
the district or to the college in respect of its allocated state
share of instruction. If this amount is insufficient to pay the
total amount then due the agent for the payment of bond service
charges, the chancellor shall continue to pay to the agent from
each periodic distribution thereafter, and until the full amount
due the agent for unpaid bond service charges is paid in full, the
lesser of the remaining amount due the agent for bond service
charges or the amount of the next periodic distribution scheduled
to be made to the district or college in respect of its allocated
state share of instruction.
(E) The chancellor may make any payments under this section
by direct deposit of funds by electronic transfer.
Any amount received by a paying agent or fiscal agent under
this section shall be applied only to the payment of bond service
charges on the obligations of the community or technical college
district or community or technical college subject to this section
or to the reimbursement of the provider of a credit enhancement
facility that has paid the bond service charges.
(F) The chancellor may make payments under this section to
paying agents or fiscal agents during any fiscal biennium of the
state only from and to the extent that money is appropriated to
the board of regents by the general assembly for distribution
during such biennium for the state share of instruction and only
to the extent that a portion of the state share of instruction has
been allocated to the community or technical college district or
community or technical college. Obligations of the issuing
authority or of a community or technical college district to which
this section is made applicable do not constitute an obligation or
a debt or a pledge of the faith, credit, or taxing power of the
state, and the holders or owners of those obligations have no
right to have excises or taxes levied or appropriations made by
the general assembly for the payment of bond service charges on
the obligations, and the obligations shall contain a statement to
that effect. The agreement for or the actual withholding and
payment of money under this section does not constitute the
assumption by the state of any debt of a community or technical
college district or a community or technical college, and bond
service charges on the related obligations are not anticipated to
be paid from the state general revenue fund for purposes of
Section 17 of Article VIII, Ohio Constitution.
(G) In the case of obligations subject to the withholding
provisions of this section, the issuing community or technical
college district, or the issuing authority in the case of
obligations issued by the issuing authority, shall appoint a
paying agent or fiscal agent who is not an officer or employee of
the district or college.
(H) The chancellor, with the advice and consent of the office
of budget and management, may adopt reasonable rules not
inconsistent with this section for the implementation of this
section to secure payment of bond service charges on obligations
issued by a community or technical college district or by the
issuing authority for the benefit of a community or technical
college district or the community or technical college it
operates. Those rules shall include criteria for the evaluation
and approval or denial of community or technical college district
requests for withholding under this section.
(I) The authority granted by this section is in addition to
and not a limitation on any other authorizations granted by or
pursuant to law for the same or similar purposes.
Sec. 3334.19. (A) The Ohio tuition trust authority shall
adopt an investment plan that sets forth investment policies and
guidelines to be utilized in administering the variable college
savings program and investment options offered by the authority.
The investment options shall include a default option to benefit
contributors who are first-time investors or have low to moderate
incomes. Except as provided in section 3334.20 of the Revised
Code, the authority shall contract with one or more insurance
companies, banks, or other financial institutions to act as its
investment agents and to provide such services as the authority
considers appropriate to the investment plan, including:
(1) Purchase, control, and safekeeping of assets;
(2) Record keeping and accounting for individual accounts and
for the program as a whole;
(3) Provision of consolidated statements of account.
(B) The authority or its investment agents shall maintain a
separate account for the beneficiary of each contract entered into
under the variable college savings program. If a beneficiary has
more than one such account, the authority or its agents shall
track total contributions and earnings and provide a consolidated
system of account distributions to institutions of higher
education.
(C) The authority or its investment agents may place assets
of the program in savings accounts and may purchase fixed or
variable life insurance or annuity contracts, securities, evidence
of indebtedness, or other investment products pursuant to the
investment plan.
(D) Contributors shall not direct the investment of their
contributions under the investment plan. The authority shall
impose other limits on contributors' investment discretion to the
extent required under section 529 of the Internal Revenue Code.
(E) The investment agents with which the authority contracts
shall discharge their duties with respect to program funds with
the care and diligence that a prudent person familiar with such
matters and with the character and aims of the program would use.
(F) The assets of the program shall be preserved, invested,
and expended solely for the purposes of this chapter and shall not
be loaned or otherwise transferred or used by the state for any
other purpose. This section shall not be construed to prohibit the
investment agents of the authority from investing, by purchase or
otherwise, in bonds, notes, or other obligations of the state or
any agency or instrumentality of the state. Unless otherwise
specified by the authority, assets of the program shall be
expended in the following order of priority:
(1) To make payments on behalf of beneficiaries;
(2) To make refunds upon termination of variable college
savings program contracts;
(3) To pay the authority's costs of administering the
program;
(4) To pay or cover any other expenditure or disbursement the
authority determines necessary or appropriate.
(G) Fees, charges, and other costs imposed or collected by
the authority in connection with the variable college savings
program, including any fees or other payments that the authority
requires an investment agent to pay to the authority, shall be
credited to either the variable operating fund or the index
operating fund at the discretion of the authority. These funds are
hereby created in the state treasury. Expenses incurred in the
administration of the variable college savings program, as well as
other expenses, disbursements, or payments the authority considers
appropriate for the benefit of any college savings programs
administered by the authority, the state of Ohio and its citizens,
shall be paid from the variable operating fund or the index
operating fund at the discretion of the authority.
(H) No records of the authority indicating the identity of
purchasers, contributors, and beneficiaries under the program or
amounts contributed to, earned by, or distributed from program
accounts are public records within the meaning of section 149.43
of the Revised Code.
Sec. 3345.023. (A) No state institution of higher education
shall take any action or enforce any policy that would deny a
religious student group any benefit available to any other student
group based on the religious student group's requirement that its
leaders or voting members adhere to its sincerely held religious
beliefs or standards of conduct.
(B) As used in this section:
(1) "Benefits" include, without limitation:
(c) The use of facilities of the state institution of higher
education for meetings or speaking purposes, subject to section
3345.021 of the Revised Code;
(d) The use of channels of communication of the state
institution of higher education;
(e) Funding sources that are otherwise available to any other
student group in the state institution of higher education.
(2) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
Sec. 3345.061. (A) Ohio's two-year institutions of higher
education are respected points of entry for students embarking on
post-secondary careers and courses completed at those institutions
are transferable to state universities in accordance with
articulation and transfer agreements developed under sections
3333.16, 3333.161, and 3333.162 of the Revised Code.
(B) Beginning with undergraduate students who commence
undergraduate studies in the 2014-2015 academic year, no state
university listed in section 3345.011 of the Revised Code, except
Central state university, Shawnee state university, and Youngstown
state university, shall receive any state operating subsidies for
any academic remedial or developmental courses for undergraduate
students, including courses prescribed in the Ohio core curriculum
for high school graduation under division (C) of section 3313.603
of the Revised Code, offered at its main campus, except as
provided in divisions (B)(1) to (4) of this section.
(1) In the 2014-2015 and 2015-2016 academic years, a state
university may receive state operating subsidies for academic
remedial or developmental courses for not more than three per cent
of the total undergraduate credit hours provided by the university
at its main campus.
(2) In the 2016-2017 academic year, a state university may
receive state operating subsidies for academic remedial or
developmental courses for not more than fifteen per cent of the
first-year students who have graduated from high school within the
previous twelve months and who are enrolled in the university at
its main campus, as calculated on a full-time-equivalent basis.
(3) In the 2017-2018 academic year, a state university may
receive state operating subsidies for academic remedial or
developmental courses for not more than ten per cent of the
first-year students who have graduated from high school within the
previous twelve months and who are enrolled in the university at
its main campus, as calculated on a full-time-equivalent basis.
(4) In the 2018-2019 academic year, a state university may
receive state operating subsidies for academic remedial or
developmental courses for not more than five per cent of the
first-year students who have graduated from high school within the
previous twelve months and who are enrolled in the university at
its main campus, as calculated on a full-time-equivalent basis.
Each state university may continue to offer academic remedial
and developmental courses at its main campus beyond the extent for
which state operating subsidies may be paid under this division
and may continue to offer such courses beyond the 2018-2019
academic year. However, the university shall not receive any state
operating subsidies for such courses above the maximum amounts
permitted in this division.
(C) Except as otherwise provided in division (B) of this
section, beginning with students who commence undergraduate
studies in the 2014-2015 academic year, state operating subsidies
for academic remedial or developmental courses offered by state
institutions of higher education may be paid only to Central state
university, Shawnee state university, Youngstown state university,
any university branch, any community college, any state community
college, or any technical college.
(D) Each state university shall grant credit for academic
remedial or developmental courses successfully completed at an
institution described in division (C) of this section pursuant to
any applicable articulation and transfer agreements the university
has entered into in accordance with policies and procedures
adopted under section 3333.16, 3333.161, or 3333.162 of the
Revised Code.
(E) The chancellor of the Ohio board of regents shall do all
of the following:
(1) Withhold state operating subsidies for academic remedial
or developmental courses provided by a state university as
required in order to conform to divisions (B) and (C) of this
section;
(2) Adopt uniform statewide standards for academic remedial
and developmental courses offered by all state institutions of
higher education, as defined in section 3345.011 of the Revised
Code;
(3) Encourage and assist in the design and establishment of
academic remedial and developmental courses by institutions of
higher education;
(4) Define "academic year" for purposes of this section and
section 3345.06 of the Revised Code;
(5) Encourage and assist in the development of articulation
and transfer agreements between state universities and other
institutions of higher education in accordance with policies and
procedures adopted under sections 3333.16, 3333.161, and 3333.162
of the Revised Code.
(F) Not later than December 31, 2012, the presidents, or
equivalent position, of all state institutions of higher
education, or their designees, jointly shall establish uniform
statewide standards in mathematics, science, reading, and writing
each student enrolled in a state institution of higher education
must meet to be considered in remediation-free status. The
presidents also shall establish assessments, if they deem
necessary, to determine if a student meets the standards adopted
under this division. Each institution is responsible for assessing
the needs of its enrolled students in the manner adopted by the
presidents. The board of trustees or managing authority of each
state institution of higher education shall adopt the
remediation-free status standard, and any related assessments,
into the institution's policies.
The chancellor shall assist in coordinating the work of the
presidents under this division.
(G) Each year, not later than a date established by the
chancellor, each state institution of higher education shall
report to the governor, the general assembly, the chancellor, and
the superintendent of public instruction all of the following for
the prior academic year:
(1) The institution's aggregate costs for providing academic
remedial or developmental courses;
(2) The amount of those costs disaggregated according to the
city, local, or exempted village school districts from which the
students taking those courses received their high school diplomas;
(3) Any other information with respect to academic remedial
and developmental courses that the chancellor considers
appropriate.
(H) Not later than December 31, 2011, and the thirty-first
day of each December thereafter, the chancellor and the
superintendent of public instruction shall issue a report
recommending policies and strategies for reducing the need for
academic remediation and developmental courses at state
institutions of higher education.
(I) As used in this section, "state institution of higher
education" has the same meaning as in section 3345.011 of the
Revised Code.
Sec. 3345.14. (A) As used in this section, "state college or
university" means any state university or college defined in
division (A)(1) of section 3345.12 of the Revised Code, and any
other institution of higher education defined in division (A)(2)
of that section.
(B) All rights to and interests in discoveries, inventions,
or patents which result from research or investigation conducted
in any experiment station, bureau, laboratory, research facility,
or other facility of any state college or university, or by
employees of any state college or university acting within the
scope of their employment or with funding, equipment, or
infrastructure provided by or through any state college or
university, shall be the sole property of that college or
university. No person, firm, association, corporation, or
governmental agency which uses the facilities of such college or
university in connection with such research or investigation and
no faculty member, employee, or student of such college or
university participating in or making such discoveries or
inventions, shall have any rights to or interests in such
discoveries or inventions, including income therefrom, except as
may, by determination of the board of trustees of such college or
university, be assigned, licensed, transferred, or paid to such
persons or entities in accordance with division (C) of this
section or in accordance with rules adopted under division (D) of
this section.
(C) As may be determined from time to time by the board of
trustees of any state college or university, the college or
university may retain, assign, license, transfer, sell, or
otherwise dispose of, in whole or in part and upon such terms as
the board of trustees may direct, any and all rights to, interests
in, or income from any such discoveries, inventions, or patents
which the college or university owns or may acquire. Such
dispositions may be to any individual, firm, association,
corporation, or governmental agency, or to any faculty member,
employee, or student of the college or university as the board of
trustees may direct. Any and all income or proceeds derived or
retained from such dispositions shall be applied to the general or
special use of the college or university as determined by the
board of trustees of such college or university.
(D)(1) Notwithstanding any provision of the Revised Code to
the contrary, including but not limited to sections 102.03,
102.04, 2921.42, and 2921.43 of the Revised Code, the board of
trustees of any state college or university may adopt rules in
accordance with section 111.15 of the Revised Code that set forth
circumstances under which an employee of the college or university
may solicit or accept, and under which a person may give or
promise to give to such an employee, a financial interest in any
firm, corporation, or other association to which the board has
assigned, licensed, transferred, or sold the college or
university's interests in its intellectual property, including
discoveries or inventions made or created by that employee or in
patents issued to that employee.
(2) Rules established under division (D)(1) of this section
shall include the following:
(a) A requirement that each college or university employee
disclose to the college or university board of trustees any
financial interest the employee holds in a firm, corporation, or
other association as described in division (D)(1) of this section;
(b) A requirement that all disclosures made under division
(D)(2)(a) of this section are reviewed by officials designated by
the college or university board of trustees. The officials
designated under this division shall determine the information
that shall be disclosed and safeguards that shall be applied in
order to manage, reduce, or eliminate any actual or potential
conflict of interest.
(c) A requirement that in implementing division (D) of this
section all members of the college or university board of trustees
shall be governed by Chapter 102. and sections 2921.42 and 2921.43
of the Revised Code.
(d) Guidelines to ensure that any financial interest held by
any employee of the college or university does not result in
misuse of the students, employees, or resources of the college or
university for the benefit of the firm, corporation, or other
association in which such interest is held or does not otherwise
interfere with the duties and responsibilities of the employee who
holds such an interest.
(3) Rules established under division (D)(1) of this section
may include other provisions at the discretion of the college or
university board of trustees.
(E) Notwithstanding division (D) of this section, the Ohio
ethics commission retains authority to provide assistance to a
college or university board of trustees in the implementation of
division (D)(2) of this section and to address any matter that is
outside the scope of the exception to division (B) of this section
as set forth in division (D) of this section or as set forth in
rules established under division (D) of this section.
Sec. 3345.81. (A) The chancellor of the Ohio board of regents
shall develop a plan for designating public institutions of higher
education as charter universities. In developing the plan, the
chancellor shall:
(1) Study the administrative and financial relationships
between the state and its public institutions of higher education
to determine the extent to which public colleges and universities
can manage their operations more effectively when accorded
flexibility through selected delegation of authority;
(2) Examine legal and other issues related to the feasibility
and practicability of restructuring the administrative and
financial relationships between the state and its public
institutions of higher education;
(3) Consult with the presidents of the institutions of higher
education of the university system of Ohio.
(B) The office of budget and management, the department of
administrative services, and each state institution of higher
education shall provide the chancellor, upon the chancellor's
request, with research assistance, fiscal and policy analysis, and
other services in conducting the study and developing the plan
under this section. Each state agency shall provide the chancellor
with any other assistance requested by the chancellor in
conducting the study and developing the plan.
(C) The chancellor shall specify in the plan:
(1) The manner in which a state institution of higher
education may become eligible for restructured financial and
operational authority, and performance measures and criteria to
determine eligibility. The performance measures and criteria shall
address the institution's ability to manage successfully its
administrative and financial operations without jeopardizing the
financial integrity and stability of the institution.
(2) Specific areas of financial and operational authority
that are subject to increased flexibility;
(3) The nature and term of the management agreement required
between the state and an institution.
(D) Not later than August 15, 2011, the chancellor shall
submit to the general assembly and the governor a report of
findings and recommendations for use in developing policy,
statutory, and administrative rule changes necessary to implement
the plan. No institution shall be designated a charter university
until the general assembly, after considering the chancellor's
plan, has enacted legislation establishing a procedure for making
the designation. The chancellor shall not adopt, amend, or rescind
any rules with respect to designating institutions as charter
universities until that legislation is enacted. The general
assembly intends that the general assembly, governor, and
chancellor will take actions necessary for implementation of the
plan for charter universities to commence July 1, 2012.
Sec. 3353.04. (A) The eTech Ohio commission may perform any
act necessary to carry out the functions of this chapter,
including any of the following:
(1) Make grants to institutions and other organizations as
prescribed by the general assembly for the provision of technical
assistance, professional development, and other support services
to enable school districts, community schools established under
Chapter 3314. of the Revised Code, other educational institutions,
and affiliates to utilize educational technology;
(2) Establish a reporting system for school districts,
community schools, other educational institutions, affiliates, and
educational technology organizations that receive financial
assistance from the commission. The system may require the
reporting of information regarding the manner in which the
assistance was expended, the manner in which the equipment or
services purchased with the assistance is being utilized, the
results or outcome of the utilization, the manner in which the
utilization is compatible with the statewide academic standards
adopted by the state board of education pursuant to section
3301.079 of the Revised Code, and any other information determined
by the commission.
(3) Ensure that, where appropriate, products produced by any
entity to which the commission provides financial assistance for
use in elementary and secondary education are aligned with the
statewide academic standards adopted by the state board pursuant
to section 3301.079 of the Revised Code;
(4) Promote accessibility to educational products aligned
with the statewide academic standards, adopted by the state board
pursuant to section 3301.079 of the Revised Code, for school
districts, community schools, and other entities serving grades
kindergarten through twelve;
(5) Own or operate transmission facilities and
interconnection facilities, or contract for transmission
facilities and interconnection facilities, for an educational
television, radio, or radio reading service network;
(6) Establish standards for interconnection facilities used
by the commission in the transmission of educational television,
radio, or radio reading service programming;
(7) Enter into agreements with noncommercial educational
television or radio broadcasting stations or radio reading
services for the operation of the interconnection;
(8) Enter into agreements with noncommercial educational
television or radio broadcasting stations or radio reading
services for the production and use of educational television,
radio, or radio reading service programs to be transmitted by the
educational telecommunications network;
(9) Execute contracts and other agreements necessary and
desirable to carry out the purposes of this chapter and other
duties prescribed to the commission by law or authorize the
executive director of the commission to execute such contracts and
agreements on the commission's behalf;
(10) Act as consultant with educational television and
educational radio stations and radio reading services toward
coordination within the state of the distribution of federal funds
that may become available for equipment for educational
broadcasting or radio reading services;
(11) Make payments to noncommercial Ohio educational
television or radio broadcasting stations or radio reading
services to sustain the operation of such stations or services;
(12) In consultation with participants in programs
administered by the commission, establish guidelines governing
purchasing and procurement that facilitate the timely and
effective implementation of such programs;
(13) In consultation with participants in programs
administered by the commission, consider the efficiency and cost
savings of statewide procurement prior to allocating and releasing
funds for such programs;
(14) In consultation with participants in programs
administered by the commission, establish a systems support
network to facilitate the timely implementation of the programs
and other projects and activities for which the commission
provides assistance.
(B) Chapters 123., 124., 125., and 153. of the Revised Code
and sections 9.331, 9.332, and 9.333 to 9.335 of the Revised Code
do not apply to contracts, programs, projects, or activities of
the commission.
Sec. 3353.15. There is hereby created in the state treasury
the information technology service fund. The fund shall consist of
money received by the eTech Ohio commission pursuant to agreements
with educational entities for the provision of information
technology services to support initiatives to align education from
preschool through college, and any other money deposited into the
fund by the commission. Money in the fund shall be used to provide
the services specified in the agreements, including implementation
and maintenance of an electronic clearinghouse for student
transcript transfers and development of the education data
repository described in section 3301.94 of the Revised Code.
Investment earnings of the fund shall be credited to the fund.
Sec. 3354.16. (A) When the board of trustees of a community
college district has by resolution determined to let by contract
the work of improvements pursuant to the official plan of such
district, contracts in amounts exceeding a dollar amount set by
the board, which dollar amount shall not exceed
fifty
two hundred
thousand dollars, shall be advertised after notices calling for
bids have been published once a week for three consecutive weeks,
in at least one newspaper of general circulation within the
community college district wherein the work is to be done. Subject
to section 3354.10 of the Revised Code, the board of trustees of
the district may let such contract to the lowest responsive and
responsible bidder, in accordance with section 9.312 of the
Revised Code, who meets the requirements of section 153.54 of the
Revised Code. Such contract shall be in writing and shall be
accompanied by or shall refer to plans and specifications for the
work to be done. Such contract shall be approved by the board of
trustees and signed by the president of the board and by the
contractor.
(B) On the first day of January of every even-numbered year,
the chancellor of the board of regents shall adjust the
fifty
two
hundred thousand dollar contract limit set forth in division (A)
of this section, as adjusted in any previous year pursuant to this
division. The chancellor shall adjust the limit according to the
average increase or decrease for each of the two years immediately
preceding the adjustment as set forth in the United States
department of commerce, bureau of economic analysis implicit price
deflator for gross domestic product, nonresidential structures, or
an alternative if the federal government ceases to publish this
metric, provided that no increase or decrease for any year shall
exceed three per cent of the contract limit in existence at the
time of the adjustment. Notwithstanding division (A) of this
section, the limit adjusted under this division shall be used
thereafter in lieu of the limit in division (A) of this section.
(C) Before entering into an improvement pursuant to division
(A) of this section, and except for contracts made with a
construction manager at risk, a design-build firm, or a general
contracting firm, as those terms are defined in section 153.50 of
the Revised Code, the board of trustees of a community college
district shall require separate and distinct proposals to be made
for furnishing materials or doing work on the improvement, or
both, in the board's discretion, for each separate and distinct
branch or class of work entering into the improvement. The board
of trustees also may require a single, combined proposal for the
entire project for materials or doing work, or both, in the
board's discretion, that includes each separate and distinct
branch or class of work entering into the improvement. The board
of trustees need not solicit separate proposals for a branch or
class of work for an improvement if the estimate cost for that
branch or class of work is less than five thousand dollars.
(D) When more than one branch or class of work is required,
no contract for the entire job, or for a greater portion thereof
than is embraced in one such branch or class of work shall be
awarded, unless the separate bids do not cover all the work and
materials required or the bids for the whole or for two or more
kinds of work or materials are lower than the separate bids in the
aggregate. The board of trustees need not award separate contracts
for a branch or class of work entering into an improvement if the
estimated cost for that branch or class of work is less than five
thousand dollars.
Sec. 3357.16. (A) When the board of trustees of a technical
college district has by resolution determined to let by contract
the work of improvements pursuant to the official plan of such
district, contracts in amounts exceeding a dollar amount set by
the board, which dollar amount shall not exceed
fifty two hundred
thousand dollars, shall be advertised after notice calling for
bids has been published once a week for three consecutive weeks,
in at least one newspaper of general circulation within the
technical college district where the work is to be done. The board
of trustees of the technical college district may let such
contract to the lowest responsive and responsible bidder, in
accordance with section 9.312 of the Revised Code, who meets the
requirements of section 153.54 of the Revised Code. Such contract
shall be in writing and shall be accompanied by or shall refer to
plans and specifications for the work to be done. Such contract
shall be approved by the board of trustees and signed by the
president of the board and by the contractor.
(B) On the first day of January of every even-numbered year,
the chancellor of the board of regents shall adjust the
fifty
two
hundred thousand dollar contract limit set forth in division (A)
of this section, as adjusted in any previous year pursuant to this
division. The chancellor shall adjust the limit according to the
average increase or decrease for each of the two years immediately
preceding the adjustment as set forth in the United States
department of commerce, bureau of economic analysis implicit price
deflator for gross domestic product, nonresidential structures, or
an alternative if the federal government ceases to publish this
metric, provided that no increase or decrease for any year shall
exceed three per cent of the contract limit in existence at the
time of the adjustment. Notwithstanding division (A) of this
section, the limit adjusted under this division shall be used
thereafter in lieu of the limit in division (A) of this section.
(C) Before entering into an improvement pursuant to division
(A) of this section, and except for contracts made with a
construction manager at risk, a design-build firm, or a general
contracting firm, as those terms are defined in section 153.50 of
the Revised Code, the board of trustees of a technical college
district shall require separate and distinct proposals to be made
for furnishing materials or doing work on the improvement, or
both, in the board's discretion, for each separate and distinct
branch or class of work entering into the improvement. The board
of trustees also may require a single, combined proposal for the
entire project for materials or doing work, or both, in the
board's discretion, that includes each separate and distinct
branch or class of work entering into the improvement. The board
of trustees need not solicit separate proposals for a branch or
class of work for an improvement if the estimate cost for that
branch or class of work is less than five thousand dollars.
(D) When more than one branch or class of work is required,
no contract for the entire job, or for a greater portion thereof
than is embraced in one such branch or class of work shall be
awarded, unless the separate bids do not cover all the work and
materials required or the bids for the whole or for two or more
kinds of work or materials are lower than the separate bids in the
aggregate. The board of trustees need not award separate contracts
for a branch or class of work entering into an improvement if the
estimated cost for that branch or class of work is less than five
thousand dollars.
Sec. 3365.01. As used in this chapter:
(A) "College" means any state-assisted college or university
described in section 3333.041 of the Revised Code, any nonprofit
institution holding a certificate of authorization pursuant to
Chapter 1713. of the Revised Code, any private institution exempt
from regulation under Chapter 3332. of the Revised Code as
prescribed in section 3333.046 of the Revised Code, and any
institution holding a certificate of registration from the state
board of career colleges and schools and program authorization for
an associate or bachelor's degree program issued under section
3332.05 of the Revised Code.
(B) "School district," except as specified in division (G) of
this section, means any school district to which a student is
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of
the Revised Code and does not include a joint vocational or
cooperative education school district.
(C) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(D) "Participant" means a student enrolled in a college under
the post-secondary enrollment options program established by this
chapter.
(E) "Secondary grade" means the ninth through twelfth grades.
(F) "School foundation payments" means the amount required to
be paid to a school district for a fiscal year under
Chapters
3306. and Chapter 3317. of the Revised Code.
(G) "Tuition base" means, with respect to a participant's
school district, the sum of the formula amount plus the per pupil
amount of the base funding supplements specified in divisions
(C)(1) to (4) of section 3317.012 of the Revised Code for fiscal
year 2009.
The participant's "school district" in the case of a
participant enrolled in a community school shall be the school
district in which the student is entitled to attend school under
section 3313.64 or 3313.65 of the Revised Code.
(H) "Educational program" means enrollment in one or more
school districts, in a nonpublic school, or in a college under
division (B) of section 3365.04 of the Revised Code.
(I) "Nonpublic school" means a chartered or nonchartered
school for which minimum standards are prescribed by the state
board of education pursuant to division (D) of section 3301.07 of
the Revised Code.
(J) "School year" means the year beginning on the first day
of July and ending on the thirtieth day of June.
(K) "Community school" means any school established pursuant
to Chapter 3314. of the Revised Code that includes secondary
grades.
(L) "STEM school" means a science, technology, engineering,
and mathematics school established under Chapter 3326. of the
Revised Code.
Sec. 3365.08. (A) A college that expects to receive or
receives reimbursement under section 3365.07 of the Revised Code
or through alternative funding agreements entered into under rules
adopted under section 3365.12 of the Revised Code shall furnish to
a participant all textbooks and materials directly related to a
course taken by the participant under division (B) of section
3365.04 of the Revised Code. No college shall charge such
participant for tuition, textbooks, materials, or other fees
directly related to any such course.
(B) No student enrolled under this chapter in a course for
which credit toward high school graduation is awarded shall
receive direct financial aid through any state or federal program.
(C) If a school district provides transportation for resident
school students in grades eleven and twelve under section 3327.01
of the Revised Code, a parent of a pupil enrolled in a course
under division (A)(2) or (B) of section 3365.04 of the Revised
Code may apply to the board of education for full or partial
reimbursement for the necessary costs of transporting the student
between the secondary school the student attends and the college
in which the student is enrolled. Reimbursement may be paid solely
from funds received by the district for pupil transportation under
section 3306.12
3317.0212 of the Revised Code or other provisions
of law. The state board of education shall establish guidelines,
based on financial need, under which a district may provide such
reimbursement.
(D) If a community school provides or arranges transportation
for its pupils in grades nine through twelve under section
3314.091 of the Revised Code, a parent of a pupil of the community
school who is enrolled in a course under division (A)(2) or (B) of
section 3365.04 of the Revised Code may apply to the governing
authority of the community school for full or partial
reimbursement of the necessary costs of transporting the student
between the community school and the college. The governing
authority may pay the reimbursement in accordance with the state
board's rules adopted under division (C) of this section solely
from funds paid to it under section 3314.091 of the Revised Code.
Sec. 3501.17. (A) The expenses of the board of elections
shall be paid from the county treasury, in pursuance of
appropriations by the board of county commissioners, in the same
manner as other county expenses are paid. If the board of county
commissioners fails to appropriate an amount sufficient to provide
for the necessary and proper expenses of the board of elections
pertaining to the conduct of elections, the board of elections may
apply to the court of common pleas within the county, which shall
fix the amount necessary to be appropriated and the amount shall
be appropriated. Payments shall be made upon vouchers of the board
of elections certified to by its chairperson or acting chairperson
and the director or deputy director, upon warrants of the county
auditor.
The board of elections shall not incur any obligation
involving the expenditure of money unless there are moneys
sufficient in the funds appropriated therefor to meet the
obligation. If the board of elections requests a transfer of funds
from one of its appropriation items to another, the board of
county commissioners shall adopt a resolution providing for the
transfer except as otherwise provided in section 5705.40 of the
Revised Code. The expenses of the board of elections shall be
apportioned among the county and the various subdivisions as
provided in this section, and the amount chargeable to each
subdivision shall be withheld by the county auditor from the
moneys payable thereto at the time of the next tax settlement. At
the time of submitting budget estimates in each year, the board of
elections shall submit to the taxing authority of each
subdivision, upon the request of the subdivision, an estimate of
the amount to be withheld from the subdivision during the next
fiscal year.
A board of township trustees may, by resolution, request that
the county auditor withhold expenses charged to the township from
a specified township fund that is to be credited with revenue at a
tax settlement. The resolution shall specify the tax levy ballot
issue, the date of the election on the levy issue, and the
township fund from which the expenses the board of elections
incurs related to that ballot issue shall be withheld.
(B) Except as otherwise provided in division (F) of this
section, the compensation of the members of the board of elections
and of the director, deputy director, and regular employees in the
board's offices, other than compensation for overtime worked; the
expenditures for the rental, furnishing, and equipping of the
office of the board and for the necessary office supplies for the
use of the board; the expenditures for the acquisition, repair,
care, and custody of the polling places, booths, guardrails, and
other equipment for polling places; the cost of tally sheets,
maps, flags, ballot boxes, and all other permanent records and
equipment; the cost of all elections held in and for the state and
county; and all other expenses of the board which are not
chargeable to a political subdivision in accordance with this
section shall be paid in the same manner as other county expenses
are paid.
(C) The compensation of judges of elections and intermittent
employees in the board's offices; the cost of renting, moving,
heating, and lighting polling places and of placing and removing
ballot boxes and other fixtures and equipment thereof, including
voting machines, marking devices, and automatic tabulating
equipment; the cost of printing and delivering ballots, cards of
instructions, registration lists required under section 3503.23 of
the Revised Code, and other election supplies, including the
supplies required to comply with division (H) of section 3506.01
of the Revised Code; the cost of contractors engaged by the board
to prepare, program, test, and operate voting machines, marking
devices, and automatic tabulating equipment; and all other
expenses of conducting primaries and elections in the odd-numbered
years shall be charged to the subdivisions in and for which such
primaries or elections are held. The charge for each primary or
general election in odd-numbered years for each subdivision shall
be determined in the following manner: first, the total cost of
all chargeable items used in conducting such elections shall be
ascertained; second, the total charge shall be divided by the
number of precincts participating in such election, in order to
fix the cost per precinct; third, the cost per precinct shall be
prorated by the board of elections to the subdivisions conducting
elections for the nomination or election of offices in such
precinct; fourth, the total cost for each subdivision shall be
determined by adding the charges prorated to it in each precinct
within the subdivision.
(D) The entire cost of special elections held on a day other
than the day of a primary or general election, both in
odd-numbered or in even-numbered years, shall be charged to the
subdivision. Where a special election is held on the same day as a
primary or general election in an even-numbered year, the
subdivision submitting the special election shall be charged only
for the cost of ballots and advertising. Where a special election
is held on the same day as a primary or general election in an
odd-numbered year, the subdivision submitting the special election
shall be charged for the cost of ballots and advertising for such
special election, in addition to the charges prorated to such
subdivision for the election or nomination of candidates in each
precinct within the subdivision, as set forth in the preceding
paragraph.
(E) Where a special election is held on the day specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, for the purpose of submitting to
the voters of the state constitutional amendments proposed by the
general assembly, and a subdivision conducts a special election on
the same day, the entire cost of the special election shall be
divided proportionally between the state and the subdivision based
upon a ratio determined by the number of issues placed on the
ballot by each, except as otherwise provided in division (G) of
this section. Such proportional division of cost shall be made
only to the extent funds are available for such purpose from
amounts appropriated by the general assembly to the secretary of
state. If a primary election is also being conducted in the
subdivision, the costs shall be apportioned as otherwise provided
in this section.
(F) When a precinct is open during a general, primary, or
special election solely for the purpose of submitting to the
voters a statewide ballot issue, the state shall bear the entire
cost of the election in that precinct and shall reimburse the
county for all expenses incurred in opening the precinct.
(G)(1) The state shall bear the entire cost of advertising in
newspapers statewide ballot issues, explanations of those issues,
and arguments for or against those issues, as required by Section
1g of Article II and Section 1 of Article XVI, Ohio Constitution,
and any other section of law. Appropriations made to the
controlling board shall be used to reimburse the secretary of
state for all expenses the secretary of state incurs for such
advertising under division (G) of section 3505.062 of the Revised
Code.
(2) There is hereby created in the state treasury the
statewide ballot advertising fund. The fund shall receive
transfers approved by the controlling board, and shall be used by
the secretary of state to pay the costs of advertising state
ballot issues as required under division (G)(1) of this section.
Any such transfers may be requested from and approved by the
controlling board prior to placing the advertising, in order to
facilitate timely provision of the required advertising.
(H) The cost of renting, heating, and lighting registration
places; the cost of the necessary books, forms, and supplies for
the conduct of registration; and the cost of printing and posting
precinct registration lists shall be charged to the subdivision in
which such registration is held.
(I) At the request of a majority of the members of the board
of elections, the board of county commissioners may, by
resolution, establish an elections revenue fund. Except as
otherwise provided in this division, the purpose of the fund shall
be to accumulate revenue withheld by or paid to the county under
this section for the payment of any expense related to the duties
of the board of elections specified in section 3501.11 of the
Revised Code, upon approval of a majority of the members of the
board of elections. The fund shall not accumulate any revenue
withheld by or paid to the county under this section for the
compensation of the members of the board of elections or of the
director, deputy director, or other regular employees in the
board's offices, other than compensation for overtime worked.
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the
Revised Code, the board of county commissioners may, by
resolution, transfer money to the elections revenue fund from any
other fund of the political subdivision from which such payments
lawfully may be made. Following an affirmative vote of a majority
of the members of the board of elections, the board of county
commissioners may, by resolution, rescind an elections revenue
fund established under this division. If an elections revenue fund
is rescinded, money that has accumulated in the fund shall be
transferred to the county general fund.
(J) As used in this section:
(1) "Political subdivision" and "subdivision" mean any board
of county commissioners, board of township trustees, legislative
authority of a municipal corporation, board of education, or any
other board, commission, district, or authority that is empowered
to levy taxes or permitted to receive the proceeds of a tax levy,
regardless of whether the entity receives tax settlement moneys as
described in division (A) of this section;
(2) "Statewide ballot issue" means any ballot issue, whether
proposed by the general assembly or by initiative or referendum,
that is submitted to the voters throughout the state.
Sec. 3506.05. (A) As used in this section, except when used
as part of the phrase "tabulating equipment" or "automatic
tabulating equipment":
(1) "Equipment" means a voting machine, marking device,
automatic tabulating equipment, or software.
(2) "Vendor" means the person that owns, manufactures,
distributes, or has the legal right to control the use of
equipment, or the person's agent.
(B) No voting machine, marking device, automatic tabulating
equipment, or software for the purpose of casting or tabulating
votes or for communications among systems involved in the
tabulation, storage, or casting of votes shall be purchased,
leased, put in use, or continued to be used, except for
experimental use as provided in division (B) of section 3506.04 of
the Revised Code, unless it, a manual of procedures governing its
use, and training materials, service, and other support
arrangements have been certified by the secretary of state and
unless the board of elections of each county where the equipment
will be used has assured that a demonstration of the use of the
equipment has been made available to all interested electors. The
secretary of state shall appoint a board of voting machine
examiners to examine and approve equipment and its related manuals
and support arrangements. The board shall consist of four members,
who shall be appointed as follows:
(1) Two members appointed by the secretary of state.
(2) One member appointed by either the speaker of the house
of representatives or the minority leader of the house of
representatives, whichever is a member of the opposite political
party from the one to which the secretary of state belongs.
(3) One member appointed by either the president of the
senate or the minority leader of the senate, whichever is a member
of the opposite political party from the one to which the
secretary of state belongs.
In all cases of a tie vote or a disagreement in the board, if
no decision can be arrived at, the board shall submit the matter
in controversy to the secretary of state, who shall summarily
decide the question, and the secretary of state's decision shall
be final. Each member of the board shall be a competent and
experienced election officer or a person who is knowledgeable
about the operation of voting equipment and shall serve during the
secretary of state's term. Any vacancy on the board shall be
filled in the same manner as the original appointment. The
secretary of state shall provide staffing assistance to the board,
at the board's request.
For the member's service, each member of the board shall
receive three hundred dollars per day for each combination of
marking device, tabulating equipment, and voting machine examined
and reported, but in no event shall a member receive more than six
hundred dollars to examine and report on any one marking device,
item of tabulating equipment, or voting machine. Each member of
the board shall be reimbursed for expenses the member incurs
during an examination or during the performance of any related
duties that may be required by the secretary of state.
Reimbursement of these expenses shall be made in accordance with,
and shall not exceed, the rates provided for under section 126.31
of the Revised Code.
Neither the secretary of state nor the board, nor any public
officer who participates in the authorization, examination,
testing, or purchase of equipment, shall have any pecuniary
interest in the equipment or any affiliation with the vendor.
(C)(1) A vendor who desires to have the secretary of state
certify equipment shall first submit the equipment, all current
related procedural manuals, and a current description of all
related support arrangements to the board of voting machine
examiners for examination, testing, and approval. The submission
shall be accompanied by a fee of eighteen two thousand four
hundred dollars and a detailed explanation of the construction and
method of operation of the equipment, a full statement of its
advantages, and a list of the patents and copyrights used in
operations essential to the processes of vote recording and
tabulating, vote storage, system security, and other crucial
operations of the equipment as may be determined by the board. An
additional fee, in an amount to be set by rules promulgated by the
board, may be imposed to pay for the costs of alternative testing
or testing by persons other than board members, record-keeping,
and other extraordinary costs incurred in the examination process.
Moneys not used shall be returned to the person or entity
submitting the equipment for examination.
(2) Fees collected by the secretary of state under this
section shall be deposited into the state treasury to the credit
of the board of voting machine examiners fund, which is hereby
created. All moneys credited to this fund shall be used solely for
the purpose of paying for the services and expenses of each member
of the board or for other expenses incurred relating to the
examination, testing, reporting, or certification of voting
machine devices, the performance of any related duties as required
by the secretary of state, or the reimbursement of any person
submitting an examination fee as provided in this chapter.
(D) Within sixty days after the submission of the equipment
and payment of the fee, or as soon thereafter as is reasonably
practicable, but in any event within not more than ninety days
after the submission and payment, the board of voting machine
examiners shall examine the equipment and file with the secretary
of state a written report on the equipment with its
recommendations and its determination or condition of approval
regarding whether the equipment, manual, and other related
materials or arrangements meet the criteria set forth in sections
3506.07 and 3506.10 of the Revised Code and can be safely used by
the voters at elections under the conditions prescribed in Title
XXXV of the Revised Code, or a written statement of reasons for
which testing requires a longer period. The board may grant
temporary approval for the purpose of allowing experimental use of
equipment. If the board finds that the equipment meets the
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of
the Revised Code, can be used safely and can be depended upon to
record and count accurately and continuously the votes of
electors, and has the capacity to be warranted, maintained, and
serviced, it shall approve the equipment and recommend that the
secretary of state certify the equipment. The secretary of state
shall notify all boards of elections of any such certification.
Equipment of the same model and make, if it provides for recording
of voter intent, system security, voter privacy, retention of
vote, and communication of voting records in an identical manner,
may then be adopted for use at elections.
(E) The vendor shall notify the secretary of state, who shall
then notify the board of voting machine examiners, of any
enhancement and any significant adjustment to the hardware or
software that could result in a patent or copyright change or that
significantly alters the methods of recording voter intent, system
security, voter privacy, retention of the vote, communication of
voting records, and connections between the system and other
systems. The vendor shall provide the secretary of state with an
updated operations manual for the equipment, and the secretary of
state shall forward the manual to the board. Upon receiving such a
notification and manual, the board may require the vendor to
submit the equipment to an examination and test in order for the
equipment to remain certified. The board or the secretary of state
shall periodically examine, test, and inspect certified equipment
to determine continued compliance with the requirements of this
chapter and the initial certification. Any examination, test, or
inspection conducted for the purpose of continuing certification
of any equipment in which a significant problem has been uncovered
or in which a record of continuing problems exists shall be
performed pursuant to divisions (C) and (D) of this section, in
the same manner as the examination, test, or inspection is
performed for initial approval and certification.
(F) If, at any time after the certification of equipment, the
board of voting machine examiners or the secretary of state is
notified by a board of elections of any significant problem with
the equipment or determines that the equipment fails to meet the
requirements necessary for approval or continued compliance with
the requirements of this chapter, or if the board of voting
machine examiners determines that there are significant
enhancements or adjustments to the hardware or software, or if
notice of such enhancements or adjustments has not been given as
required by division (E) of this section, the secretary of state
shall notify the users and vendors of that equipment that
certification of the equipment may be withdrawn.
(G)(1) The notice given by the secretary of state under
division (F) of this section shall be in writing and shall specify
both of the following:
(a) The reasons why the certification may be withdrawn;
(b) The date on which certification will be withdrawn unless
the vendor takes satisfactory corrective measures or explains why
there are no problems with the equipment or why the enhancements
or adjustments to the equipment are not significant.
(2) A vendor who receives a notice under division (F) of this
section shall, within thirty days after receiving it, submit to
the board of voting machine examiners in writing a description of
the corrective measures taken and the date on which they were
taken, or the explanation required under division (G)(1)(b) of
this section.
(3) Not later than fifteen days after receiving a written
description or explanation under division (G)(2) of this section
from a vendor, the board shall determine whether the corrective
measures taken or the explanation is satisfactory to allow
continued certification of the equipment, and the secretary of
state shall send the vendor a written notice of the board's
determination, specifying the reasons for it. If the board has
determined that the measures taken or the explanation given is
unsatisfactory, the notice shall include the effective date of
withdrawal of the certification. This date may be different from
the date originally specified in division (G)(1)(b) of this
section.
(4) A vendor who receives a notice under division (G)(3) of
this section indicating a decision to withdraw certification may,
within thirty days after receiving it, request in writing that the
board hold a hearing to reconsider its decision. Any interested
party shall be given the opportunity to submit testimony or
documentation in support of or in opposition to the board's
recommendation to withdraw certification. Failure of the vendor to
take appropriate steps as described in division (G)(1)(b) or to
comply with division (G)(2) of this section results in a waiver of
the vendor's rights under division (G)(4) of this section.
(H)(1) The secretary of state, in consultation with the board
of voting machine examiners, shall establish, by rule, guidelines
for the approval, certification, and continued certification of
the voting machines, marking devices, and tabulating equipment to
be used under Title XXXV of the Revised Code. The guidelines shall
establish procedures requiring vendors or computer software
developers to place in escrow with an independent escrow agent
approved by the secretary of state a copy of all source code and
related documentation, together with periodic updates as they
become known or available. The secretary of state shall require
that the documentation include a system configuration and that the
source code include all relevant program statements in low- or
high-level languages. As used in this division, "source code" does
not include variable codes created for specific elections.
(2) Nothing in any rule adopted under division (H) of this
section shall be construed to limit the ability of the secretary
of state to follow or adopt, or to preclude the secretary of state
from following or adopting, any guidelines proposed by the federal
election commission, any entity authorized by the federal election
commission to propose guidelines, the election assistance
commission, or any entity authorized by the election assistance
commission to propose guidelines.
(3)(a) Before the initial certification of any direct
recording electronic voting machine with a voter verified paper
audit trail, and as a condition for the continued certification
and use of those machines, the secretary of state shall establish,
by rule, standards for the certification of those machines. Those
standards shall include, but are not limited to, all of the
following:
(i) A definition of a voter verified paper audit trail as a
paper record of the voter's choices that is verified by the voter
prior to the casting of the voter's ballot and that is securely
retained by the board of elections;
(ii) Requirements that the voter verified paper audit trail
shall not be retained by any voter and shall not contain
individual voter information;
(iii) A prohibition against the production by any direct
recording electronic voting machine of anything that legally could
be removed by the voter from the polling place, such as a receipt
or voter confirmation;
(iv) A requirement that paper used in producing a voter
verified paper audit trail be sturdy, clean, and resistant to
degradation;
(v) A requirement that the voter verified paper audit trail
shall be capable of being optically scanned for the purpose of
conducting a recount or other audit of the voting machine and
shall be readable in a manner that makes the voter's ballot
choices obvious to the voter without the use of computer or
electronic codes;
(vi) A requirement, for office-type ballots, that the voter
verified paper audit trail include the name of each candidate
selected by the voter;
(vii) A requirement, for questions and issues ballots, that
the voter verified paper audit trail include the title of the
question or issue, the name of the entity that placed the question
or issue on the ballot, and the voter's ballot selection on that
question or issue, but not the entire text of the question or
issue.
(b) The secretary of state, by rule adopted under Chapter
119. of the Revised Code, may waive the requirement under division
(H)(3)(a)(v) of this section, if the secretary of state determines
that the requirement is cost prohibitive.
(4)(a) Except as otherwise provided in division (H)(4)(c) of
this section, any voting machine, marking device, or automatic
tabulating equipment initially certified or acquired on or after
December 1, 2008, shall have the most recent federal certification
number issued by the election assistance commission.
(b) Any voting machine, marking device, or automatic
tabulating equipment certified for use in this state on the
effective date of this amendment September 12, 2008, shall meet,
as a condition of continued certification and use, the voting
system standards adopted by the federal election commission in
2002.
(c) A county that acquires additional voting machines,
marking devices, or automatic tabulating equipment on or after
December 1, 2008, shall not be considered to have acquired those
machines, devices, or equipment on or after December 1, 2008, for
the purpose of division (H)(4)(a) of this section if all of the
following apply:
(i) The voting machines, marking devices, or automatic
tabulating equipment acquired are the same as the machines,
devices, or equipment currently used in that county.
(ii) The acquisition of the voting machines, marking devices,
or automatic tabulating equipment does not replace or change the
primary voting system used in that county.
(iii) The acquisition of the voting machines, marking
devices, or automatic tabulating equipment is for the purpose of
replacing inoperable machines, devices, or equipment or for the
purpose providing additional machines, devices, or equipment
required to meet the allocation requirements established pursuant
to division (I) of section 3501.11 of the Revised Code.
Sec. 3521.04. Notwithstanding any provision of section
109.02 of the Revised Code to the contrary, the speaker of the
house of representatives and the president of the senate jointly
may choose to have the general assembly represented by either the
attorney general or by private legal counsel in regard to any
lawsuit challenging the constitutionality or legality of
congressional districts established under this chapter.
Sec. 3701.021. (A) The public health council shall adopt, in
accordance with Chapter 119. of the Revised Code, such rules as
are necessary to carry out sections 3701.021 to 3701.0210 of the
Revised Code, including, but not limited to, rules to establish
the following:
(1) Medical and financial eligibility requirements for the
program for medically handicapped children;
(2) Eligibility requirements for providers of services for
medically handicapped children;
(3) Procedures to be followed by the department of health in
disqualifying providers for violating requirements adopted under
division (A)(2) of this section;
(4) Procedures to be used by the department regarding
application for diagnostic services under division (B) of section
3701.023 of the Revised Code and payment for those services under
division (E) of that section;
(5) Standards for the provision of service coordination by
the department of health and city and general health districts;
(6) Procedures for the department to use to determine the
amount to be paid annually by each county for services for
medically handicapped children and to allow counties to retain
funds under divisions (A)(2) and (3) of section 3701.024 of the
Revised Code;
(7) Financial eligibility requirements for services for Ohio
residents twenty-one years of age or older who have cystic
fibrosis;
(8) Criteria for payment of approved providers who provide
services for medically handicapped children;
(9) Criteria for the department to use in determining whether
the payment of health insurance premiums of participants in the
program for medically handicapped children is cost-effective;
(10) Procedures for appeal of denials of applications under
divisions (A) and (D) of section 3701.023 of the Revised Code,
disqualification of providers, and amounts paid for services;
(11) Terms of appointment for members of the medically
handicapped children's medical advisory council created in section
3701.025 of the Revised Code;
(12) Eligibility requirements for the hemophilia program,
including income and hardship requirements;
(13) If a manufacturer rebate or discount program is
established under division (J) of section 3701.023 of the Revised
Code, procedures for administering the program, including criteria
and other requirements for participation in the program by
manufacturers of drugs and nutritional formulas.
(B) The department of health shall develop a manual of
operational procedures and guidelines for the program for
medically handicapped children to implement sections 3701.021 to
3701.0210 of the Revised Code.
Sec. 3701.023. (A) The department of health shall review
applications for eligibility for the program for medically
handicapped children that are submitted to the department by city
and general health districts and physician providers approved in
accordance with division (C) of this section. The department shall
determine whether the applicants meet the medical and financial
eligibility requirements established by the public health council
pursuant to division (A)(1) of section 3701.021 of the Revised
Code, and by the department in the manual of operational
procedures and guidelines for the program for medically
handicapped children developed pursuant to division (B) of that
section. Referrals of potentially eligible children for the
program may be submitted to the department on behalf of the child
by parents, guardians, public health nurses, or any other
interested person. The department of health may designate other
agencies to refer applicants to the department of health.
(B) In accordance with the procedures established in rules
adopted under division (A)(4) of section 3701.021 of the Revised
Code, the department of health shall authorize a provider or
providers to provide to any Ohio resident under twenty-one years
of age, without charge to the resident or the resident's family
and without restriction as to the economic status of the resident
or the resident's family, diagnostic services necessary to
determine whether the resident has a medically handicapping or
potentially medically handicapping condition.
(C) The department of health shall review the applications of
health professionals, hospitals, medical equipment suppliers, and
other individuals, groups, or agencies that apply to become
providers. The department shall enter into a written agreement
with each applicant who is determined, pursuant to the
requirements set forth in rules adopted under division (A)(2) of
section 3701.021 of the Revised Code, to be eligible to be a
provider in accordance with the provider agreement required by the
medical assistance program established under section 5111.01 of
the Revised Code. No provider shall charge a medically handicapped
child or the child's parent or guardian for services authorized by
the department under division (B) or (D) of this section.
The department, in accordance with rules adopted under
division (A)(3) of section 3701.021 of the Revised Code, may
disqualify any provider from further participation in the program
for violating any requirement set forth in rules adopted under
division (A)(2) of that section. The disqualification shall not
take effect until a written notice, specifying the requirement
violated and describing the nature of the violation, has been
delivered to the provider and the department has afforded the
provider an opportunity to appeal the disqualification under
division (H) of this section.
(D) The department of health shall evaluate applications from
city and general health districts and approved physician providers
for authorization to provide treatment services, service
coordination, and related goods to children determined to be
eligible for the program for medically handicapped children
pursuant to division (A) of this section. The department shall
authorize necessary treatment services, service coordination, and
related goods for each eligible child in accordance with an
individual plan of treatment for the child. As an alternative, the
department may authorize payment of health insurance premiums on
behalf of eligible children when the department determines, in
accordance with criteria set forth in rules adopted under division
(A)(9) of section 3701.021 of the Revised Code, that payment of
the premiums is cost-effective.
(E) The department of health shall pay, from appropriations
to the department, any necessary expenses, including but not
limited to, expenses for diagnosis, treatment, service
coordination, supportive services, transportation, and accessories
and their upkeep, provided to medically handicapped children,
provided that the provision of the goods or services is authorized
by the department under division (B) or (D) of this section. Money
appropriated to the department of health may also be expended for
reasonable administrative costs incurred by the program. The
department of health also may purchase liability insurance
covering the provision of services under the program for medically
handicapped children by physicians and other health care
professionals.
Payments made to providers by the department of health
pursuant to this division for inpatient hospital care, outpatient
care, and all other medical assistance furnished to eligible
recipients shall be made in accordance with rules adopted by the
public health council pursuant to division (A) of section 3701.021
of the Revised Code.
The departments of health and job and family services shall
jointly implement procedures to ensure that duplicate payments are
not made under the program for medically handicapped children and
the medical assistance program established under section 5111.01
of the Revised Code and to identify and recover duplicate
payments.
(F) At the time of applying for participation in the program
for medically handicapped children, a medically handicapped child
or the child's parent or guardian shall disclose the identity of
any third party against whom the child or the child's parent or
guardian has or may have a right of recovery for goods and
services provided under division (B) or (D) of this section. The
department of health shall require a medically handicapped child
who receives services from the program or the child's parent or
guardian to apply for all third-party benefits for which the child
may be eligible and require the child, parent, or guardian to
apply all third-party benefits received to the amount determined
under division (E) of this section as the amount payable for goods
and services authorized under division (B) or (D) of this section.
The department is the payer of last resort and shall pay for
authorized goods or services, up to the amount determined under
division (E) of this section for the authorized goods or services,
only to the extent that payment for the authorized goods or
services is not made through third-party benefits. When a third
party fails to act on an application or claim for benefits by a
medically handicapped child or the child's parent or guardian, the
department shall pay for the goods or services only after ninety
days have elapsed since the date the child, parents, or guardians
made an application or claim for all third-party benefits.
Third-party benefits received shall be applied to the amount
determined under division (E) of this section. Third-party
payments for goods and services not authorized under division (B)
or (D) of this section shall not be applied to payment amounts
determined under division (E) of this section. Payment made by the
department shall be considered payment in full of the amount
determined under division (E) of this section. Medicaid payments
for persons eligible for the medical assistance program
established under section 5111.01 of the Revised Code shall be
considered payment in full of the amount determined under division
(E) of this section.
(G) The department of health shall administer a program to
provide services to Ohio residents who are twenty-one or more
years of age who have cystic fibrosis and who meet the eligibility
requirements established by the rules of the public health council
pursuant to division (A)(7) of section 3701.021 of the Revised
Code, subject to all provisions of this section, but not subject
to section 3701.024 of the Revised Code.
(H) The department of health shall provide for appeals, in
accordance with rules adopted under section 3701.021 of the
Revised Code, of denials of applications for the program for
medically handicapped children under division (A) or (D) of this
section, disqualification of providers, or amounts paid under
division (E) of this section. Appeals under this division are not
subject to Chapter 119. of the Revised Code.
The department may designate ombudspersons to assist
medically handicapped children or their parents or guardians, upon
the request of the children, parents, or guardians, in filing
appeals under this division and to serve as children's, parents',
or guardians' advocates in matters pertaining to the
administration of the program for medically handicapped children
and eligibility for program services. The ombudspersons shall
receive no compensation but shall be reimbursed by the department,
in accordance with rules of the office of budget and management,
for their actual and necessary travel expenses incurred in the
performance of their duties.
(I) The department of health, and city and general health
districts providing service coordination pursuant to division
(A)(2) of section 3701.024 of the Revised Code, shall provide
service coordination in accordance with the standards set forth in
the rules adopted under section 3701.021 of the Revised Code,
without charge, and without restriction as to economic status.
(J) The department of health may establish a manufacturer
rebate or discount program under which it requires a manufacturer
of a drug or nutritional formula to enter into a rebate or
discount agreement with the department as a condition of having
the drug or nutritional formula covered by the programs
administered by the department's bureau for children with medical
handicaps. The program shall be administered in accordance with
rules adopted under section 3701.021 of the Revised Code.
When entering into a rebate or discount agreement under the
program, the manufacturer and the department shall negotiate the
amount of the rebate or discount. A rebate shall consist of a
refund of a portion of the price of a drug or nutritional formula.
Sec. 3701.0211. For each year that federal funds are made
available to states under Title V of the "Social Security Act,"
124 Stat. 352 (2010), 42 U.S.C. 710, as amended, for use in
providing abstinence education, the director of health shall
submit to the United States secretary of health and human services
an application for the allotment of those funds that is available
to this state. The director shall use the funds received in
accordance with any conditions under which the application was
approved.
Sec. 3701.032. The director of health may adopt rules
defining what constitutes a "health home" for the purpose of any
entity that is authorized to provide care coordination services.
The rules shall be adopted in accordance with Chapter 119. of the
Revised Code.
Sec. 3701.07. (A) The public health council shall adopt
rules in accordance with Chapter 119. of the Revised Code defining
and classifying hospitals and dispensaries and providing for the
reporting of information by hospitals and dispensaries. Except as
otherwise provided in the Revised Code, the rules providing for
the reporting of information shall not require inclusion of any
confidential patient data or any information concerning the
financial condition, income, expenses, or net worth of the
facilities other than that financial information already contained
in those portions of the medicare or medicaid cost report that is
necessary for the department of health to certify the per diem
cost under section 3701.62 of the Revised Code. The rules may
require the reporting of information in the following categories:
(1) Information needed to identify and classify the
institution;
(2) Information on facilities and type and volume of services
provided by the institution;
(3) The number of beds listed by category of care provided;
(4) The number of licensed or certified professional
employees by classification;
(5) The number of births that occurred at the institution the
previous calendar year;
(6) Any other information that the council considers relevant
to the safety of patients served by the institution.
Every hospital and dispensary, public or private, annually
shall register with and report to the department of health.
Reports shall be submitted in the manner prescribed in rules
adopted under this division.
(B) Every governmental entity or private nonprofit
corporation or association whose employees or representatives are
defined as residents' rights advocates under divisions (E)(1) and
(2) of section 3721.10 or division (A)(10) of section 3722.01 of
the Revised Code shall register with the department of health on
forms furnished by the director of health and shall provide such
reasonable identifying information as the director may prescribe.
The department shall compile a list of the governmental
entities, corporations, or associations registering under this
division and shall update the list annually. Copies of the list
shall be made available to nursing home administrators as defined
in division (C) of section 3721.10 of the Revised Code and to
adult care facility managers as defined in section 3722.01 5119.70
of the Revised Code.
Sec. 3701.61. (A) The department of health shall establish
the help me grow program for the purpose of encouraging to
encourage early prenatal and well-baby care, provide parenting
education to promote the comprehensive health and development of
children, and provide early intervention services in accordance
with part C of the "Individuals with Disabilities Education Act,"
118 Stat. 2744 (2004), 20 U.S.C. 1431 et seq. The program shall
include
distributing subsidies to counties to provide the
following services:
(1) Home-visiting Home visiting services to newborn infants
and their families with a pregnant woman or an infant or toddler
under three years of age who meet the eligibility requirements
established in rules adopted under this section;
(2) Services Part C early intervention services to infants
and toddlers under three years of age who are at risk for, or who
have, a developmental delay or disability and their families meet
the eligibility requirements established in rules adopted under
this section.
(B) The department shall not provide home-visiting services
under the help me grow program unless requested in writing by a
parent of the infant or toddler director of health may enter into
an interagency agreement with one or more state agencies to
implement the help me grow program and ensure coordination of
early childhood programs.
(C) The director may distribute help me grow program funds
through contracts, grants, or subsidies to entities providing
services under the program.
(D) To the extent funds are available, the department shall
establish a system of payment to providers of home visiting and
part C early intervention services.
(C)(E) As a condition of receiving payments for home visiting
services, providers shall report to the director data on the
program performance indicators that are used to assess progress
toward achieving the goals of the program. The report shall
include data on the performance indicator of birth outcomes,
including risk indicators of low birth weight and pre-term births,
and data on all other performance indicators specified in rules
adopted under this section. The providers shall report the data in
the format and within the time frames specified in the rules.
The director shall prepare an annual report on the data
received from the providers.
(F) Pursuant to Chapter 119. of the Revised Code, the
department director shall adopt rules that are necessary and
proper to implement this section. The rules shall specify all of
the following:
(1) Eligibility requirements for home visiting services and
part C early intervention services;
(2) Eligibility requirements for providers of home visiting
services and providers of part C early intervention services;
(3) Standards and procedures for the provision of program
services, including data collection, program monitoring, and
program evaluation;
(4) Procedures for appealing the denial of an application for
program services or the termination of services;
(5) Procedures for appealing the denial of an application to
become a provider of program services or the termination of the
department's approval of a provider;
(6) Procedures for addressing complaints;
(7) The program performance indicators on which data must be
reported by providers of home visiting services under division (E)
of this section, which, to the extent possible, shall be
consistent with federal reporting requirements for federally
funded home visiting services;
(8) The format in which reports must be submitted under
division (E) of this section and the time frames within which the
reports must be submitted;
(9) Criteria for payment of approved providers of program
services;
(10) Any other rules necessary to implement the program.
(G) A family enrolled in the help me grow at-risk program on
the effective date of this amendment shall be eligible for at-risk
services until December 31, 2013, or until the eligible child
reaches three years of age, whichever occurs first.
Sec. 3701.74. (A) As used in this section and section
3701.741 of the Revised Code:
(1) "Ambulatory care facility" means a facility that provides
medical, diagnostic, or surgical treatment to patients who do not
require hospitalization, including a dialysis center, ambulatory
surgical facility, cardiac catheterization facility, diagnostic
imaging center, extracorporeal shock wave lithotripsy center, home
health agency, inpatient hospice, birthing center, radiation
therapy center, emergency facility, and an urgent care center.
"Ambulatory care facility" does not include the private office of
a physician or dentist, whether the office is for an individual or
group practice.
(2) "Chiropractor" means an individual licensed under Chapter
4734. of the Revised Code to practice chiropractic.
(3) "Emergency facility" means a hospital emergency
department or any other facility that provides emergency medical
services.
(4) "Health care practitioner" means all of the following:
(a) A dentist or dental hygienist licensed under Chapter
4715. of the Revised Code;
(b) A registered or licensed practical nurse licensed under
Chapter 4723. of the Revised Code;
(c) An optometrist licensed under Chapter 4725. of the
Revised Code;
(d) A dispensing optician, spectacle dispensing optician,
contact lens dispensing optician, or spectacle-contact lens
dispensing optician licensed under Chapter 4725. of the Revised
Code;
(e) A pharmacist licensed under Chapter 4729. of the Revised
Code;
(g) A physician assistant authorized under Chapter 4730. of
the Revised Code to practice as a physician assistant;
(h) A practitioner of a limited branch of medicine issued a
certificate under Chapter 4731. of the Revised Code;
(i) A psychologist licensed under Chapter 4732. of the
Revised Code;
(k) A hearing aid dealer or fitter licensed under Chapter
4747. of the Revised Code;
(l) A speech-language pathologist or audiologist licensed
under Chapter 4753. of the Revised Code;
(m) An occupational therapist or occupational therapy
assistant licensed under Chapter 4755. of the Revised Code;
(n) A physical therapist or physical therapy assistant
licensed under Chapter 4755. of the Revised Code;
(o) A professional clinical counselor, professional
counselor, social worker, or independent social worker licensed,
or a social work assistant registered, under Chapter 4757. of the
Revised Code;
(p) A dietitian licensed under Chapter 4759. of the Revised
Code;
(q) A respiratory care professional licensed under Chapter
4761. of the Revised Code;
(r) An emergency medical technician-basic, emergency medical
technician-intermediate, or emergency medical technician-paramedic
certified under Chapter 4765. of the Revised Code.
(5) "Health care provider" means a hospital, ambulatory care
facility, long-term care facility, pharmacy, emergency facility,
or health care practitioner.
(6) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(7) "Long-term care facility" means a nursing home,
residential care facility, or home for the aging, as those terms
are defined in section 3721.01 of the Revised Code; an adult care
facility, as defined in section 3722.01 5119.70 of the Revised
Code; a nursing facility or intermediate care facility for the
mentally retarded, as those terms are defined in section 5111.20
of the Revised Code; a facility or portion of a facility certified
as a skilled nursing facility under Title XVIII of the "Social
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.
(8) "Medical record" means data in any form that pertains to
a patient's medical history, diagnosis, prognosis, or medical
condition and that is generated and maintained by a health care
provider in the process of the patient's health care treatment.
(9) "Medical records company" means a person who stores,
locates, or copies medical records for a health care provider, or
is compensated for doing so by a health care provider, and charges
a fee for providing medical records to a patient or patient's
representative.
(10) "Patient" means either of the following:
(a) An individual who received health care treatment from a
health care provider;
(b) A guardian, as defined in section 1337.11 of the Revised
Code, of an individual described in division (A)(10)(a) of this
section.
(11) "Patient's personal representative" means a minor
patient's parent or other person acting in loco parentis, a
court-appointed guardian, or a person with durable power of
attorney for health care for a patient, the executor or
administrator of the patient's estate, or the person responsible
for the patient's estate if it is not to be probated. "Patient's
personal representative" does not include an insurer authorized
under Title XXXIX of the Revised Code to do the business of
sickness and accident insurance in this state, a health insuring
corporation holding a certificate of authority under Chapter 1751.
of the Revised Code, or any other person not named in this
division.
(12) "Pharmacy" has the same meaning as in section 4729.01 of
the Revised Code.
(13) "Physician" means a person authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery.
(14) "Authorized person" means a person to whom a patient has
given written authorization to act on the patient's behalf
regarding the patient's medical record.
(B) A patient, a patient's personal representative or an
authorized person who wishes to examine or obtain a copy of part
or all of a medical record shall submit to the health care
provider a written request signed by the patient, personal
representative, or authorized person dated not more than one year
before the date on which it is submitted. The request shall
indicate whether the copy is to be sent to the requestor,
physician or chiropractor, or held for the requestor at the office
of the health care provider. Within a reasonable time after
receiving a request that meets the requirements of this division
and includes sufficient information to identify the record
requested, a health care provider that has the patient's medical
records shall permit the patient to examine the record during
regular business hours without charge or, on request, shall
provide a copy of the record in accordance with section 3701.741
of the Revised Code, except that if a physician or chiropractor
who has treated the patient determines for clearly stated
treatment reasons that disclosure of the requested record is
likely to have an adverse effect on the patient, the health care
provider shall provide the record to a physician or chiropractor
designated by the patient. The health care provider shall take
reasonable steps to establish the identity of the person making
the request to examine or obtain a copy of the patient's record.
(C) If a health care provider fails to furnish a medical
record as required by division (B) of this section, the patient,
personal representative, or authorized person who requested the
record may bring a civil action to enforce the patient's right of
access to the record.
(D)(1) This section does not apply to medical records whose
release is covered by section 173.20 or 3721.13 of the Revised
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R.
part 2, "Confidentiality of Alcohol and Drug Abuse Patient
Records," or by 42 C.F.R. 483.10.
(2) Nothing in this section is intended to supersede the
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,
and 2305.252 of the Revised Code.
Sec. 3701.83. (A) There is hereby created in the state
treasury the general operations fund. Moneys in the fund shall be
used for the purposes specified in sections 3701.04, 3701.344,
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3722.04,
3729.07, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07,
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09
of the Revised Code.
(B) The alcohol testing program fund is hereby created in the
state treasury. The director of health shall use the fund to
administer and enforce the alcohol testing and permit program
authorized by section 3701.143 of the Revised Code.
The fund shall receive transfers from the liquor control fund
created under section 4301.12 of the Revised Code. All investment
earnings of the alcohol testing program fund shall be credited to
the fund.
Sec. 3701.94. (A) As used in this section and section
3701.941 of the Revised Code:
(1) "Clinical laboratory services" means the microbiological,
serological, chemical, hematological, biophysical, cytological, or
pathological examination of materials derived from the human body
for purposes of obtaining information for the diagnosis,
prevention, treatment, or screening of any disease or impairment
or for the assessment of health. "Clinical laboratory services"
also means the collection or preparation of specimens for testing.
(2) "Clinical laboratory services provider" means any person,
or any employee, employer, agent, representative, or other
fiduciary of such person, who provides clinical laboratory
services.
(3) "Group practice" has the same meaning as in section
4731.65 of the Revised Code.
(4) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(5) "Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and
surgery.
(B) No clinical laboratory services provider shall, directly
or indirectly, offer, give, pay, or deliver, or agree to offer,
give, pay, or deliver, any remuneration, in cash or in kind,
including any kickback, bribe, or rebate, to any physician or
group practice to induce the physician or group practice to do
either of the following:
(1) Refer patients to the clinical laboratory services
provider;
(2) Enter into an arrangement whereby the clinical laboratory
services provider and the physician or group practice agree to
split fees.
(C)(1) Subject to division (C)(2) of this section, no
clinical laboratory services provider shall give to a physician or
group practice, supply the physician or group practice with, or
place in the physician's or group practice's office any
individual, including an employee, agent, representative, or other
fiduciary of the clinical laboratory services provider, whether
paid or unpaid, for the purpose of having that individual perform
clinical laboratory services for the physician or group practice.
(2) Nothing in division (C)(1) of this section prohibits a
clinical laboratory services provider from entering into a
laboratory management services contract with a hospital, including
a contract that requires the clinical laboratory services provider
to place employees or agents who perform functions directly
related to the provision of clinical laboratory services at the
hospital, as long as the contract specifies that the hospital will
pay fair market value for the laboratory management services
rendered.
Sec. 3701.941. If the director of health determines that a
clinical laboratory services provider has violated division (B) or
(C) of section 3701.94 of the Revised Code, the director shall
impose a civil penalty of not less than one thousand dollars and
not more than ten thousand dollars for each day that the violation
continues.
Sec. 3702.31. (A) The quality monitoring and inspection fund
is hereby created in the state treasury. The director of health
shall use the fund to administer and enforce this section and
sections 3702.11 to 3702.20, 3702.30, 3702.301, and 3702.32, and
3701.94 of the Revised Code and rules adopted pursuant to those
sections. The director shall deposit in the fund any moneys
collected pursuant to this section or section 3702.32 or 3701.941
of the Revised Code. All investment earnings of the fund shall be
credited to the fund.
(B) The director of health shall adopt rules pursuant to
Chapter 119. of the Revised Code establishing fees for both of the
following:
(1) Initial and renewal license applications submitted under
section 3702.30 of the Revised Code. The fees established under
division (B)(1) of this section shall not exceed the actual and
necessary costs of performing the activities described in division
(A) of this section.
(2) Inspections conducted under section 3702.15 or 3702.30 of
the Revised Code. The fees established under division (B)(2) of
this section shall not exceed the actual and necessary costs
incurred during an inspection, including any indirect costs
incurred by the department for staff, salary, or other
administrative costs. The director of health shall provide to each
health care facility or provider inspected pursuant to section
3702.15 or 3702.30 of the Revised Code a written statement of the
fee. The statement shall itemize and total the costs incurred.
Within fifteen days after receiving a statement from the director,
the facility or provider shall forward the total amount of the fee
to the director.
(3) The fees described in divisions (B)(1) and (2) of this
section shall meet both of the following requirements:
(a) For each service described in section 3702.11 of the
Revised Code, the fee shall not exceed one thousand seven hundred
fifty dollars annually, except that the total fees charged to a
health care provider under this section shall not exceed five
thousand dollars annually.
(b) The fee shall exclude any costs reimbursable by the
United States centers for medicare and medicaid services as part
of the certification process for the medicare program established
under Title XVIII of the "Social Security Act," 79 Stat. 286
(1935), 42 U.S.C.A. 1395, as amended, and the medicaid program
established under Title XIX of the "Social Security Act," 79 Stat.
286 (1965), 42 U.S.C. 1396.
(4) The director shall not establish a fee for any service
for which a licensure or inspection fee is paid by the health care
provider to a state agency for the same or similar licensure or
inspection.
Sec. 3704.06. (A) The attorney general, upon the request of
the director of environmental protection, shall prosecute any
person who violates section 3704.05 or 3704.16 of the Revised
Code.
(B) The attorney general, upon request of the director, shall
bring an action for an injunction, a civil penalty, or any other
appropriate proceedings in any court of competent jurisdiction
against any person violating or threatening to violate section
3704.05 or 3704.16 of the Revised Code. The court shall have
jurisdiction to grant prohibitory and mandatory injunctive relief
and to require payment of a civil penalty upon the showing that
such the person has violated this chapter or rules adopted
thereunder.
(C) A person who violates section 3704.05 or 3704.16 of the
Revised Code shall pay a civil penalty of not more than
twenty-five thousand dollars for each day of each violation. This
division does not apply to any requirement of this chapter
regarding the prevention or abatement of odors.
(D) One-half of the moneys collected as civil penalties under
division (C) of this section shall be credited to the
environmental education fund created in section 3745.22 of the
Revised Code. The remainder of the moneys so collected shall be
credited to the air pollution control administration fund, which
is hereby created in the state treasury. The air pollution control
administration fund shall be administered by the director. Moneys
in the air pollution control administration fund shall be used to
supplement other moneys available for the administration and
enforcement of this chapter and the rules adopted and terms and
conditions of orders and permits issued under it, including,
without limitation, the issuance of permits under it, and shall
not be used to satisfy any state matching fund requirements for
the receipt of any federal grant funds.
The director may expend not more than seven one million five
hundred fifty thousand dollars of the moneys credited to the air
pollution control administration fund under this division in any
fiscal year for the purposes specified in this division. The
director may request authority from the controlling board to
expend any moneys credited to that fund in any fiscal year in
excess of that amount.
(E) Upon written complaint by any person, the director shall
conduct such investigations and make such inquiries as are
necessary to secure compliance with this chapter. The director,
upon complaint or upon his the director's own initiative, may
investigate or make inquiries into any alleged violation or act of
air pollution.
Sec. 3704.14. (A)(1) If the director of environmental
protection determines that implementation of a motor vehicle
inspection and maintenance program is necessary for the state to
effectively comply with the federal Clean Air Act after June 30,
2009 2011, the director may provide for the implementation of the
program in those counties in this state in which such a program is
federally mandated the seven counties in which the program is
operating on the effective date of this amendment. Upon making
such a determination, the director of environmental protection may
request the director of administrative services to extend the
terms of the contract that was entered into under the authority of
Section 7 of Am. Sub. H.B. 24 1 of the 127th 128th general
assembly. Upon receiving the request, the director of
administrative services shall extend the contract, beginning on
July 1, 2009 2011, in accordance with this section. The contract
shall be extended for a period of up to six twelve months with the
contractor who conducted the motor vehicle inspection and
maintenance program under that contract.
(2) Prior to the expiration of the contract extension that is
authorized by division (A)(1) of this section, the director of
environmental protection may request the director of
administrative services to enter into a contract with a vendor to
operate a decentralized motor vehicle inspection and maintenance
program in each county in this state in which such a program is
federally mandated through June 30, 2011 2015, with an option for
the state to renew the contract through June 30, 2012 2017. The
contract shall ensure that the decentralized motor vehicle
inspection and maintenance program achieves at least the same
substantially similar ozone precursor reductions as achieved by
the program operated under the authority of the contract that was
extended under division (A)(1) of this section. The director of
administrative services shall select a vendor through a
competitive selection process in compliance with Chapter 125. of
the Revised Code.
(3) Notwithstanding any law to the contrary, the director of
administrative services shall ensure that a competitive selection
process regarding a contract to operate a decentralized motor
vehicle inspection and maintenance program in this state
incorporates the following
elements, which shall be included in
the contract:
(a) A For purposes of expanding the number of testing
locations for consumer convenience and increased local business
participation, a requirement that the vendor selected to operate
the program provide notification of the program's requirements to
each owner of a motor vehicle that is required to be inspected
under the program. The contract shall require the notification to
be provided not later than sixty days prior to the date by which
the owner of the motor vehicle is required to have the motor
vehicle inspected. The director of environmental protection and
the vendor shall jointly agree on the content of the notice.
However, the notice shall include at a minimum the locations of
all inspection facilities within a specified distance of the
address that is listed on the owner's motor vehicle registration
utilize established local businesses by authorizing existing auto
repair facilities to operate as licensed inspection and waiver
testing facilities;
(b) A requirement that the tailpipe emissions analyzer
utilized for emissions testing be BAR-97 certified;
(c) A requirement that the contractor supply proven
technology for on-board diagnostic testing equipment to all
inspection facilities.
(4) A decentralized motor vehicle inspection and maintenance
program operated under this section shall comply with division (B)
of this section. The director of environmental protection shall
administer the decentralized motor vehicle inspection and
maintenance program operated under this section.
(B) The decentralized motor vehicle inspection and
maintenance program authorized by this section, at a minimum,
shall do all of the following:
(1) Comply with the federal Clean Air Act;
(2) Provide for the issuance of inspection certificates;
(3) Provide for a new car exemption for motor vehicles four
years old or newer and provide that a new motor vehicle is exempt
for four years regardless of whether legal title to the motor
vehicle is transferred during that period.
(C) A motor vehicle inspection and maintenance program shall
not be implemented in any county in which such a program is not
authorized under division (A) of this section without the approval
of the general assembly through the enactment of legislation.
Further, a motor vehicle inspection and maintenance program shall
not be implemented in any county beyond June 30,
2012 2017,
without the approval of the general assembly through the enactment
of legislation.
(D) The director of environmental protection shall adopt
rules in accordance with Chapter 119. of the Revised Code that the
director determines are necessary to implement this section. The
director may continue to implement and enforce rules pertaining to
the motor vehicle inspection and maintenance program previously
implemented under former section 3704.14 of the Revised Code as
that section existed prior to its repeal and reenactment by Am.
Sub. H.B. 66 of the 126th general assembly, provided that the
rules do not conflict with this section.
(E) There is hereby created in the state treasury the auto
emissions test fund, which shall consist of money received by the
director from any cash transfers, state and local grants, and
other contributions that are received for the purpose of funding
the program established under this section. The director of
environmental protection shall use money in the fund solely for
the implementation, supervision, administration, operation, and
enforcement of the motor vehicle inspection and maintenance
program established under this section. Money in the fund shall
not be used for either of the following:
(1) To pay for the inspection costs incurred by a motor
vehicle dealer so that the dealer may provide inspection
certificates to an individual purchasing a motor vehicle from the
dealer when that individual resides in a county that is subject to
the motor vehicle inspection and maintenance program;
(2) To provide payment for more than one free passing
emissions inspection or a total of three emissions inspections for
a motor vehicle in any three-hundred-sixty-five day period. The
owner or lessee of a motor vehicle is responsible for inspection
fees that are related to emissions inspections beyond one free
passing emissions inspection or three total emissions inspections
in any three-hundred-sixty-five day period. Inspection fees that
are charged by a contractor conducting emissions inspections under
a motor vehicle inspection and maintenance program shall be
approved by the director of environmental protection.
(F) The motor vehicle inspection and maintenance program
established under this section expires upon the termination of all
contracts entered into under this section and shall not be
implemented beyond the final date on which termination occurs.
Sec. 3705.24. (A)(1) The public health council shall, in
accordance with section 111.15 of the Revised Code, adopt rules
prescribing fees for the following items or services provided by
the state office of vital statistics:
(a) Except as provided in division (A)(4) of this section:
(i) A certified copy of a vital record or a certification of
birth;
(ii) A search by the office of vital statistics of its files
and records pursuant to a request for information, regardless of
whether a copy of a record is provided;
(iii) A copy of a record provided pursuant to a request.
(b) Replacement of a birth certificate following an adoption,
legitimation, paternity determination or acknowledgement, or court
order;
(c) Filing of a delayed registration of a vital record;
(d) Amendment of a vital record that is requested later than
one year after the filing date of the vital record;
(e) Any other documents or services for which the public
health council considers the charging of a fee appropriate.
(2) Fees prescribed under division (A)(1)(a) of this section
shall not be less than twelve dollars.
(3) Fees prescribed under division (A)(1) of this section
shall be collected in addition to any fees required by sections
3109.14 and 3705.242 of the Revised Code.
(4) Fees prescribed under division (A) of this section shall
not apply to certifications issued under division (H) of this
section or copies provided under section 3705.241 of the Revised
Code.
(B) In addition to the fees prescribed under division (A) of
this section or section 3709.09 of the Revised Code, the office of
vital statistics or the board of health of a city or general
health district shall charge a five-dollar fee for each certified
copy of a vital record and each certification of birth. This fee
shall be deposited in the general operations fund created under
section 3701.83 of the Revised Code and be used to support the
operations, the modernization, and the automation of the vital
records program in this state. A board of health shall forward all
fees collected under this division to the department of health not
later than thirty days after the end of each calendar quarter.
(C) Except as otherwise provided in division (H) of this
section, and except as provided in section 3705.241 of the Revised
Code, fees collected by the director of health under sections
3705.01 to 3705.29 of the Revised Code shall be paid into the
state treasury to the credit of the general operations fund
created by section 3701.83 of the Revised Code. Except as provided
in division (B) or (I) of this section, money generated by the
fees shall be used only for administration and enforcement of this
chapter and the rules adopted under it. Amounts submitted to the
department of health for copies of vital records or services in
excess of the fees imposed by this section shall be dealt with as
follows:
(1) An overpayment of two dollars or less shall be retained
by the department and deposited in the state treasury to the
credit of the general operations fund created by section 3701.83
of the Revised Code.
(2) An overpayment in excess of two dollars shall be returned
to the person who made the overpayment.
(D) If a local registrar is a salaried employee of a city or
a general health district, any fees the local registrar receives
pursuant to section 3705.23 of the Revised Code shall be paid into
the general fund of the city or the health fund of the general
health district.
Each local registrar of vital statistics, or each health
district where the local registrar is a salaried employee of the
district, shall be entitled to a fee for each birth, fetal death,
death, or military service certificate properly and completely
made out and registered with the local registrar or district and
correctly copied and forwarded to the office of vital statistics
in accordance with the population of the primary registration
district at the last federal census. The fee for each birth, fetal
death, death, or military service certificate shall be:
(1) In primary registration districts of over two hundred
fifty thousand, twenty cents;
(2) In primary registration districts of over one hundred
twenty-five thousand and less than two hundred fifty thousand,
sixty cents;
(3) In primary registration districts of over fifty thousand
and less than one hundred twenty-five thousand, eighty cents;
(4) In primary registration districts of less than fifty
thousand, one dollar.
(E) The director of health shall annually certify to the
county treasurers of the several counties the number of birth,
fetal death, death, and military service certificates registered
from their respective counties with the names of the local
registrars and the amounts due each registrar and health district
at the rates fixed in this section. Such amounts shall be paid by
the treasurer of the county in which the registration districts
are located. No fees shall be charged or collected by registrars
except as provided by this chapter and section 3109.14 of the
Revised Code.
(F) A probate judge shall be paid a fee of fifteen cents for
each certified abstract of marriage prepared and forwarded by the
probate judge to the department of health pursuant to section
3705.21 of the Revised Code. The fee shall be in addition to the
fee paid for a marriage license and shall be paid by the
applicants for the license.
(G) The clerk of a court of common pleas shall be paid a fee
of one dollar for each certificate of divorce, dissolution, and
annulment of marriage prepared and forwarded by the clerk to the
department pursuant to section 3705.21 of the Revised Code. The
fee for the certified abstract of divorce, dissolution, or
annulment of marriage shall be added to the court costs allowed in
these cases.
(H) The fee for an heirloom certification of birth issued
pursuant to division (B)(2) of section 3705.23 of the Revised Code
shall be an amount prescribed by rule by the director of health
plus any fee required by section 3109.14 of the Revised Code. In
setting the amount of the fee, the director shall establish a
surcharge in addition to an amount necessary to offset the expense
of processing heirloom certifications of birth. The fee prescribed
by the director of health pursuant to this division shall be
deposited into the state treasury to the credit of the heirloom
certification of birth fund which is hereby created. Money
credited to the fund shall be used by the office of vital
statistics to offset the expense of processing heirloom
certifications of birth. However, the money collected for the
surcharge, subject to the approval of the controlling board, shall
be used for the purposes specified by the family and children
first council pursuant to section 121.37 of the Revised Code.
(I) Four Three dollars of each fee collected by the director
of health or the board of health of a city or general health
district for an item or service described in division (A)(1)(a) of
this section a certified copy of a vital record or a certification
of birth shall be transferred to the office of vital statistics
not later than thirty days after the end of each calendar quarter
and shall be used to support public health systems.
Sec. 3709.085. (A) The board of health of a city or general
health district may enter into a contract with any political
subdivision or other governmental agency to obtain or provide all
or part of any services, including, but not limited to,
enforcement services, for the purposes of Chapter 3704. of the
Revised Code, the rules adopted and orders made pursuant thereto,
or any other ordinances or rules for the prevention, control, and
abatement of air pollution.
(B)(1) As used in division (B)(2) of this section:
(a) "Semipublic disposal system" means a disposal system that
treats the sanitary sewage discharged from publicly or privately
owned buildings or places of assemblage, entertainment,
recreation, education, correction, hospitalization, housing, or
employment, but does not include a disposal system that treats
sewage in amounts of more than twenty-five thousand gallons per
day; a disposal system for the treatment of sewage that is exempt
from the requirements of section 6111.04 of the Revised Code
pursuant to division (F)(7) of that section; or a disposal system
for the treatment of industrial waste.
(b) Terms defined in section 6111.01 of the Revised Code have
the same meanings as in that section.
(2) The board of health of a city or general health district
may enter into a contract with the environmental protection agency
to conduct on behalf of the agency inspection or enforcement
services, for the purposes of Chapter 6111. of the Revised Code
and rules adopted thereunder, for the disposal or treatment of
sewage from semipublic disposal systems. The board of health of a
city or general health district may charge a fee established
pursuant to section 3709.09 of the Revised Code to be paid by the
owner or operator of a semipublic disposal system for inspections
conducted by the board pursuant to a contract entered into under
division (B)(2) of this section, except that the board shall not
charge a fee for those inspections conducted at any recreational
vehicle park, recreation camp, or combined park-camp that is
licensed under section 3729.05 of the Revised Code or at any
manufactured home park that is licensed under section 3733.03
4781.26 of the Revised Code.
Sec. 3709.09. (A) The board of health of a city or general
health district may, by rule, establish a uniform system of fees
to pay the costs of any services provided by the board.
The fee for issuance of a certified copy of a vital record or
a certification of birth shall not be less than the fee prescribed
for the same service under division (A)(1) of section 3705.24 of
the Revised Code and shall include the fees required by division
(B) of section 3705.24 and section 3109.14 of the Revised Code.
Fees for services provided by the board for purposes
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall
be established in accordance with rules adopted under division (B)
of this section. The district advisory council, in the case of a
general health district, and the legislative authority of the
city, in the case of a city health district, may disapprove any
fee established by the board of health under this division, and
any such fee, as disapproved, shall not be charged by the board of
health.
(B) The public health council shall adopt rules under section
111.15 of the Revised Code that establish fee categories and a
uniform methodology for use in calculating the costs of services
provided for purposes specified in sections 3701.344, 3711.10,
3718.06, 3729.07, 3730.03,
3733.04, 3733.25, and 3749.04 of the
Revised Code. In adopting the rules, the public health council
shall consider recommendations it receives from advisory boards
established either by statute or the director of health for
entities subject to the fees.
(C) Except when a board of health establishes a fee by
adopting a rule as an emergency measure, the board of health shall
hold a public hearing regarding each proposed fee for a service
provided by the board for a purpose specified in section 3701.344,
3711.10, 3718.06, 3729.07, 3730.03, 3733.04, 3733.25, or 3749.04
of the Revised Code. If a public hearing is held, at least twenty
days prior to the public hearing the board shall give written
notice of the hearing to each entity affected by the proposed fee.
The notice shall be mailed to the last known address of each
entity and shall specify the date, time, and place of the hearing
and the amount of the proposed fee.
(D) If payment of a fee established under this section is not
received by the day on which payment is due, the board of health
shall assess a penalty. The amount of the penalty shall be equal
to twenty-five per cent of the applicable fee.
(E) All rules adopted by a board of health under this section
shall be adopted, recorded, and certified as are ordinances of
municipal corporations and the record thereof shall be given in
all courts the same effect as is given such ordinances, but the
advertisements of such rules shall be by publication in one
newspaper of general circulation within the health district.
Publication shall be made once a week for two consecutive weeks
and such rules shall take effect and be in force ten days from the
date of the first publication.
Sec. 3709.092. (A) A board of health of a city or general
health district shall transmit to the director of health all fees
or additional amounts that the public health council requires to
be collected under sections 3701.344, 3718.06, 3729.07, 3733.04,
3733.25, and 3749.04 of the Revised Code. The fees and amounts
shall be transmitted according to the following schedule:
(1) For fees and amounts received by the board on or after
the first day of January but not later than the thirty-first day
of March, transmit the fees and amounts not later than the
fifteenth day of May;
(2) For fees and amounts received by the board on or after
the first day of April but not later than the thirtieth day of
June, transmit the fees and amounts not later than the fifteenth
day of August;
(3) For fees and amounts received by the board on or after
the first day of July but not later than the thirtieth day of
September, transmit the fees and amounts not later than the
fifteenth day of November;
(4) For fees and amounts received by the board on or after
the first day of October but not later than the thirty-first day
of December, transmit the fees and amounts not later than the
fifteenth day of February of the following year.
(B) The director shall deposit the fees and amounts received
under this section into the state treasury to the credit of the
general operations fund created in section 3701.83 of the Revised
Code. Each amount shall be used solely for the purpose for which
it was collected.
Sec. 3709.34. (A) The board of county commissioners or the
legislative authority of any city may furnish suitable quarters
for any board of health or health department having jurisdiction
over all or a major part of such county or that city.
(B)(1) Subject to division (B)(6) of this section, a board of
county commissioners shall provide office space and utilities
through fiscal year 2011 for the board of health having
jurisdiction over the county's general health district.
Thereafter, subject to division (B)(6) of this section, the board
of county commissioners shall make payments as provided in
division (B)(3) of this section for the office space and utilities
until fiscal year 2016. Starting in fiscal year 2016, the board
has no duty to provide the office space or utilities, or to make
payments for the office space or utilities, for the board of
health of the county's general health district.
(2)(a) Not later than the thirtieth day of September 2011,
2012, 2013, and 2014, the board of county commissioners shall make
a written estimate of the total cost for the ensuing fiscal year
to provide office space and utilities to the board of health of
the county's general health district. The estimate of total cost
shall include all of the following:
(i) The total square feet of space to be used by the board of
health;
(ii) The total square feet of any common areas that should be
reasonably allocated to the board of health and the method for
making this allocation;
(iii) The actual cost per square foot for both the space used
by and the common areas allocated to the board of health;
(iv) An explanation of the method used to determine the
actual cost per square foot;
(v) The estimated cost of providing utilities, including an
explanation of how this cost was determined;
(vi) Any other estimated costs the board of county
commissioners anticipates will be incurred to provide office space
and utilities to the board of health, including a detailed
explanation of those costs and the rationale used to determine
them.
(b) The board of county commissioners shall forward a copy of
the estimate of total cost to the director of the board of health
not later than the fifth day of October 2011, 2012, 2013, and
2014. The director shall review the estimate and, not later than
twenty days after its receipt, notify the board of county
commissioners that the director agrees with the estimate, or
objects to it giving specific reasons for the objections.
(c) If the director agrees with the estimate, it shall become
the final estimate of total cost. Failure of the director to make
objections to the estimate by the twentieth day after its receipt
shall be deemed to mean that the director is in agreement with the
estimate.
(d) If the director timely objects to the estimate and
provides specific objections to the board of county commissioners,
the board shall review the objections and may modify the original
estimate and send a revised estimate of total cost to the director
within ten days after receipt of the objections. The director
shall respond to a revised estimate within ten days after its
receipt. If the director agrees with it, the revised estimate
shall become the final estimate of total cost. If the director
fails to respond within the ten-day period, the director shall be
deemed to have agreed with the revised estimate. If the director
disagrees with the revised estimate, the director shall send
specific objections to the board of county commissioners within
the ten-day period.
(e) If the director timely objected to the original estimate
or sends specific objections to a revised estimate within the
required time, or if there is no revised estimate, the probate
judge of the county shall determine the final estimate of total
cost and certify this amount to the director and the board of
county commissioners before the first day of January 2012, 2013,
2014, or 2015, as applicable.
(3)(a) Subject to division (B)(6) of this section, a board of
county commissioners shall be responsible for the following
percentages of the final estimate of total cost established by
division (B)(2) of this section:
(i) Eighty per cent for fiscal year 2012;
(ii) Sixty per cent for fiscal year 2013;
(iii) Forty per cent for fiscal year 2014;
(iv) Twenty per cent for fiscal year 2015.
(b) In fiscal years 2012, 2013, 2014, and 2015, the board of
health of the county's general health district shall be
responsible for the payment of the remainder of any costs incurred
in excess of the amount payable under division (B)(3)(a)(i), (ii),
(iii), or (iv) of this section, as applicable, for the provision
of office space and utilities for the board of health, including
any unanticipated or unexpected increases in costs beyond the
final estimate of total cost.
(c) Beginning in fiscal year 2016, the board of county
commissioners has no obligation to provide office space or
utilities, or to make payments for office space or utilities, for
the board of health.
(4) After fiscal year 2015, the board of county commissioners
and the board of health of the county's general health district
may enter into a contract for the board of county commissioners to
provide office space for the use of the board of health and to
provide utilities for that office space. The term of the contract
shall not exceed four years and may be renewed for additional
periods not to exceed four years.
(5) Notwithstanding divisions (B)(1) to (4) of this section,
in any fiscal year the board of county commissioners, in its
discretion, may provide office space and utilities for the board
of health of the county's general health district free of charge.
(6) If the board of health of a general health district
rents, leases, lease-purchases, or otherwise acquires office space
to facilitate the performance of its functions, or constructs,
enlarges, renovates, or otherwise modifies buildings or other
structures to provide office space to facilitate the performance
of its functions, the board of county commissioners of the county
served by the general health district has no further obligation
under division (B) of this section to provide office space or
utilities, or to make payments for office space or utilities, for
the board of health, unless the board of county commissioners
enters into a contract with the board of health under division
(B)(4) of this section, or exercises its option under division
(B)(5) of this section.
Sec. 3709.341. The board of county commissioners may donate
or sell property, buildings, and furnishings to any board of
health of a general or combined health district. Upon acceptance
by the board of health of the general or combined district, the
board of county commissioners may convey the property, buildings,
and furnishings to the board of health to be used as quarters by
the board of health. The instrument conveying the property,
buildings, and furnishings shall include a reverter clause that,
in the event the board of health subsequently sells the property,
buildings, and furnishings:
(A) Reverts the property, buildings, and furnishings to the
board of county commissioners if they initially were donated by
the board of county commissioners; or
(B) Specifies how the proceeds of the board of health's
subsequent sale of the property, buildings, and furnishings shall
be distributed, if they initially were sold by the board of county
commissioners.
Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and
3721.99 of the Revised Code:
(1)(a) "Home" means an institution, residence, or facility
that provides, for a period of more than twenty-four hours,
whether for a consideration or not, accommodations to three or
more unrelated individuals who are dependent upon the services of
others, including a nursing home, residential care facility, home
for the aging, and a veterans' home operated under Chapter 5907.
of the Revised Code.
(b) "Home" also means both of the following:
(i) Any facility that a person, as defined in section 3702.51
of the Revised Code, proposes for certification as a skilled
nursing facility or nursing facility under Title XVIII or XIX of
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,
as amended, and for which a certificate of need, other than a
certificate to recategorize hospital beds as described in section
3702.522 of the Revised Code or division (R)(7)(d) of the version
of section 3702.51 of the Revised Code in effect immediately prior
to April 20, 1995, has been granted to the person under sections
3702.51 to 3702.62 of the Revised Code after August 5, 1989;
(ii) A county home or district home that is or has been
licensed as a residential care facility.
(c) "Home" does not mean any of the following:
(i) Except as provided in division (A)(1)(b) of this section,
a public hospital or hospital as defined in section 3701.01 or
5122.01 of the Revised Code;
(ii) A residential facility for mentally ill persons as
defined under section 5119.22 of the Revised Code;
(iii) A residential facility as defined in section 5123.19 of
the Revised Code;
(iv) An adult care facility as defined in section 3722.01
5119.70 of the Revised Code;
(v) An alcohol or drug addiction program as defined in
section 3793.01 of the Revised Code;
(vi) A facility licensed to provide methadone treatment under
section 3793.11 of the Revised Code;
(vii) A facility providing services under contract with the
department of developmental disabilities under section 5123.18 of
the Revised Code unless section 5123.192 of the Revised Code makes
the facility subject to the requirements of this chapter;
(viii) A facility operated by a hospice care program licensed
under section 3712.04 of the Revised Code that is used exclusively
for care of hospice patients;
(ix) A facility, infirmary, or other entity that is operated
by a religious order, provides care exclusively to members of
religious orders who take vows of celibacy and live by virtue of
their vows within the orders as if related, and does not
participate in the medicare program established under Title XVIII
of the "Social Security Act" or the medical assistance program
established under Chapter 5111. of the Revised Code and Title XIX
of the "Social Security Act," if on January 1, 1994, the facility,
infirmary, or entity was providing care exclusively to members of
the religious order;
(x) A county home or district home that has never been
licensed as a residential care facility.
(2) "Unrelated individual" means one who is not related to
the owner or operator of a home or to the spouse of the owner or
operator as a parent, grandparent, child, grandchild, brother,
sister, niece, nephew, aunt, uncle, or as the child of an aunt or
uncle.
(3) "Mental impairment" does not mean mental illness as
defined in section 5122.01 of the Revised Code or mental
retardation as defined in section 5123.01 of the Revised Code.
(4) "Skilled nursing care" means procedures that require
technical skills and knowledge beyond those the untrained person
possesses and that are commonly employed in providing for the
physical, mental, and emotional needs of the ill or otherwise
incapacitated. "Skilled nursing care" includes, but is not limited
to, the following:
(a) Irrigations, catheterizations, application of dressings,
and supervision of special diets;
(b) Objective observation of changes in the patient's
condition as a means of analyzing and determining the nursing care
required and the need for further medical diagnosis and treatment;
(c) Special procedures contributing to rehabilitation;
(d) Administration of medication by any method ordered by a
physician, such as hypodermically, rectally, or orally, including
observation of the patient after receipt of the medication;
(e) Carrying out other treatments prescribed by the physician
that involve a similar level of complexity and skill in
administration.
(5)(a) "Personal care services" means services including, but
not limited to, the following:
(i) Assisting residents with activities of daily living;
(ii) Assisting residents with self-administration of
medication, in accordance with rules adopted under section 3721.04
of the Revised Code;
(iii) Preparing special diets, other than complex therapeutic
diets, for residents pursuant to the instructions of a physician
or a licensed dietitian, in accordance with rules adopted under
section 3721.04 of the Revised Code.
(b) "Personal care services" does not include "skilled
nursing care" as defined in division (A)(4) of this section. A
facility need not provide more than one of the services listed in
division (A)(5)(a) of this section to be considered to be
providing personal care services.
(6) "Nursing home" means a home used for the reception and
care of individuals who by reason of illness or physical or mental
impairment require skilled nursing care and of individuals who
require personal care services but not skilled nursing care. A
nursing home is licensed to provide personal care services and
skilled nursing care.
(7) "Residential care facility" means a home that provides
either of the following:
(a) Accommodations for seventeen or more unrelated
individuals and supervision and personal care services for three
or more of those individuals who are dependent on the services of
others by reason of age or physical or mental impairment;
(b) Accommodations for three or more unrelated individuals,
supervision and personal care services for at least three of those
individuals who are dependent on the services of others by reason
of age or physical or mental impairment, and, to at least one of
those individuals, any of the skilled nursing care authorized by
section 3721.011 of the Revised Code.
(8) "Home for the aging" means a home that provides services
as a residential care facility and a nursing home, except that the
home provides its services only to individuals who are dependent
on the services of others by reason of both age and physical or
mental impairment.
The part or unit of a home for the aging that provides
services only as a residential care facility is licensed as a
residential care facility. The part or unit that may provide
skilled nursing care beyond the extent authorized by section
3721.011 of the Revised Code is licensed as a nursing home.
(9) "County home" and "district home" mean a county home or
district home operated under Chapter 5155. of the Revised Code.
(B) The public health council may further classify homes. For
the purposes of this chapter, any residence, institution, hotel,
congregate housing project, or similar facility that meets the
definition of a home under this section is such a home regardless
of how the facility holds itself out to the public.
(C) For purposes of this chapter, personal care services or
skilled nursing care shall be considered to be provided by a
facility if they are provided by a person employed by or
associated with the facility or by another person pursuant to an
agreement to which neither the resident who receives the services
nor the resident's sponsor is a party.
(D) Nothing in division (A)(4) of this section shall be
construed to permit skilled nursing care to be imposed on an
individual who does not require skilled nursing care.
Nothing in division (A)(5) of this section shall be construed
to permit personal care services to be imposed on an individual
who is capable of performing the activity in question without
assistance.
(E) Division (A)(1)(c)(ix) of this section does not prohibit
a facility, infirmary, or other entity described in that division
from seeking licensure under sections 3721.01 to 3721.09 of the
Revised Code or certification under Title XVIII or XIX of the
"Social Security Act." However, such a facility, infirmary, or
entity that applies for licensure or certification must meet the
requirements of those sections or titles and the rules adopted
under them and obtain a certificate of need from the director of
health under section 3702.52 of the Revised Code.
(F) Nothing in this chapter, or rules adopted pursuant to it,
shall be construed as authorizing the supervision, regulation, or
control of the spiritual care or treatment of residents or
patients in any home who rely upon treatment by prayer or
spiritual means in accordance with the creed or tenets of any
recognized church or religious denomination.
Sec. 3721.02. (A) The director of health shall license homes
and establish procedures to be followed in inspecting and
licensing homes. The director may inspect a home at any time. Each
home shall be inspected by the director at least once prior to the
issuance of a license and at least once every fifteen months
thereafter. The state fire marshal or a township, municipal, or
other legally constituted fire department approved by the marshal
shall also inspect a home prior to issuance of a license, at least
once every fifteen months thereafter, and at any other time
requested by the director. A home does not have to be inspected
prior to issuance of a license by the director, state fire
marshal, or a fire department if ownership of the home is assigned
or transferred to a different person and the home was licensed
under this chapter immediately prior to the assignment or
transfer. The director may enter at any time, for the purposes of
investigation, any institution, residence, facility, or other
structure that has been reported to the director or that the
director has reasonable cause to believe is operating as a nursing
home, residential care facility, or home for the aging without a
valid license required by section 3721.05 of the Revised Code or,
in the case of a county home or district home, is operating
despite the revocation of its residential care facility license.
The director may delegate the director's authority and duties
under this chapter to any division, bureau, agency, or official of
the department of health.
(B) A single facility may be licensed both as a nursing home
pursuant to this chapter and as an adult care facility pursuant to
Chapter 3722. 5119. of the Revised Code if the director determines
that the part or unit to be licensed as a nursing home can be
maintained separate and discrete from the part or unit to be
licensed as an adult care facility.
(C) In determining the number of residents in a home for the
purpose of licensing, the director shall consider all the
individuals for whom the home provides accommodations as one group
unless one of the following is the case:
(1) The home is a home for the aging, in which case all the
individuals in the part or unit licensed as a nursing home shall
be considered as one group, and all the individuals in the part or
unit licensed as a rest home shall be considered as another group.
(2) The home is both a nursing home and an adult care
facility. In that case, all the individuals in the part or unit
licensed as a nursing home shall be considered as one group, and
all the individuals in the part or unit licensed as an adult care
facility shall be considered as another group.
(3) The home maintains, in addition to a nursing home or
residential care facility, a separate and discrete part or unit
that provides accommodations to individuals who do not require or
receive skilled nursing care and do not receive personal care
services from the home, in which case the individuals in the
separate and discrete part or unit shall not be considered in
determining the number of residents in the home if the separate
and discrete part or unit is in compliance with the Ohio basic
building code established by the board of building standards under
Chapters 3781. and 3791. of the Revised Code and the home permits
the director, on request, to inspect the separate and discrete
part or unit and speak with the individuals residing there, if
they consent, to determine whether the separate and discrete part
or unit meets the requirements of this division.
(D)(1) The director of health shall charge the following
application fee and annual renewal licensing and inspection fee
for each fifty persons or part thereof of a home's licensed
capacity:
(a) For state fiscal year 2010, two hundred twenty dollars;
(b) For state fiscal year 2011, two hundred seventy dollars;
(c) For each state fiscal year thereafter, three hundred
twenty dollars.
(2) All fees collected by the director for the issuance or
renewal of licenses shall be deposited into the state treasury to
the credit of the general operations fund created in section
3701.83 of the Revised Code for use only in administering and
enforcing this chapter and rules adopted under it.
(E)(1) Except as otherwise provided in this section, the
results of an inspection or investigation of a home that is
conducted under this section, including any statement of
deficiencies and all findings and deficiencies cited in the
statement on the basis of the inspection or investigation, shall
be used solely to determine the home's compliance with this
chapter or another chapter of the Revised Code in any action or
proceeding other than an action commenced under division (I) of
section 3721.17 of the Revised Code. Those results of an
inspection or investigation, that statement of deficiencies, and
the findings and deficiencies cited in that statement shall not be
used in any court or in any action or proceeding that is pending
in any court and are not admissible in evidence in any action or
proceeding unless that action or proceeding is an appeal of an
action by the department of health under this chapter or is an
action by any department or agency of the state to enforce this
chapter or another chapter of the Revised Code.
(2) Nothing in division (E)(1) of this section prohibits the
results of an inspection or investigation conducted under this
section from being used in a criminal investigation or
prosecution.
Sec. 3721.16. For each resident of a home, notice of a
proposed transfer or discharge shall be in accordance with this
section.
(A)(1) The administrator of a home shall notify a resident in
writing, and the resident's sponsor in writing by certified mail,
return receipt requested, in advance of any proposed transfer or
discharge from the home. The administrator shall send a copy of
the notice to the state department of health. The notice shall be
provided at least thirty days in advance of the proposed transfer
or discharge, unless any of the following applies:
(a) The resident's health has improved sufficiently to allow
a more immediate discharge or transfer to a less skilled level of
care;
(b) The resident has resided in the home less than thirty
days;
(c) An emergency arises in which the safety of individuals in
the home is endangered;
(d) An emergency arises in which the health of individuals in
the home would otherwise be endangered;
(e) An emergency arises in which the resident's urgent
medical needs necessitate a more immediate transfer or discharge.
In any of the circumstances described in divisions (A)(1)(a)
to (e) of this section, the notice shall be provided as many days
in advance of the proposed transfer or discharge as is
practicable.
(2) The notice required under division (A)(1) of this section
shall include all of the following:
(a) The reasons for the proposed transfer or discharge;
(b) The proposed date the resident is to be transferred or
discharged;
(c) The proposed location to which the resident is to be
transferred or discharged;
(d) Notice of the right of the resident and the resident's
sponsor to an impartial hearing at the home on the proposed
transfer or discharge, and of the manner in which and the time
within which the resident or sponsor may request a hearing
pursuant to section 3721.161 of the Revised Code;
(e) A statement that the resident will not be transferred or
discharged before the date specified in the notice unless the home
and the resident or, if the resident is not competent to make a
decision, the home and the resident's sponsor, agree to an earlier
date;
(f) The address of the legal services office of the
department of health;
(g) The name, address, and telephone number of a
representative of the state long-term care ombudsperson program
and, if the resident or patient has a developmental disability or
mental illness, the name, address, and telephone number of the
Ohio legal rights service protection and advocacy system.
(B) No home shall transfer or discharge a resident before the
date specified in the notice required by division (A) of this
section unless the home and the resident or, if the resident is
not competent to make a decision, the home and the resident's
sponsor, agree to an earlier date.
(C) Transfer or discharge actions shall be documented in the
resident's medical record by the home if there is a medical basis
for the action.
(D) A resident or resident's sponsor may challenge a transfer
or discharge by requesting an impartial hearing pursuant to
section 3721.161 of the Revised Code, unless the transfer or
discharge is required because of one of the following reasons:
(1) The home's license has been revoked under this chapter;
(2) The home is being closed pursuant to section 3721.08,
sections 5111.35 to 5111.62, or section 5155.31 of the Revised
Code;
(3) The resident is a recipient of medicaid and the home's
participation in the medicaid program has been involuntarily
terminated or denied by the federal government;
(4) The resident is a beneficiary under the medicare program
and the home's certification under the medicare program has been
involuntarily terminated or denied by the federal government.
(E) If a resident is transferred or discharged pursuant to
this section, the home from which the resident is being
transferred or discharged shall provide the resident with adequate
preparation prior to the transfer or discharge to ensure a safe
and orderly transfer or discharge from the home, and the home or
alternative setting to which the resident is to be transferred or
discharged shall have accepted the resident for transfer or
discharge.
(F) At the time of a transfer or discharge of a resident who
is a recipient of medicaid from a home to a hospital or for
therapeutic leave, the home shall provide notice in writing to the
resident and in writing by certified mail, return receipt
requested, to the resident's sponsor, specifying the number of
days, if any, during which the resident will be permitted under
the medicaid program to return and resume residence in the home
and specifying the medicaid program's coverage of the days during
which the resident is absent from the home. An individual who is
absent from a home for more than the number of days specified in
the notice and continues to require the services provided by the
facility shall be given priority for the first available bed in a
semi-private room.
Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the
Revised Code:
(A) "Franchise permit fee rate" means the amount determined
as follows following:
(1) Determine the difference between the following:
(a) The total net patient revenue, less medicaid per diem
payments, of all nursing homes and hospital long-term care units
as shown on cost reports filed under section 5111.26 of the
Revised Code for the calendar year immediately preceding the
fiscal year for which the franchise permit fee is assessed under
section 3721.51 of the Revised Code For fiscal year 2012, eleven
dollars and thirty-eight cents;
(b) The total net patient revenue, less medicaid per diem
payments, of all nursing homes and hospital long-term care units
as shown on cost reports filed under section 5111.26 of the
Revised Code for the calendar year immediately preceding the
calendar year that immediately precedes the fiscal year for which
the franchise permit fee is assessed under section 3721.51 of the
Revised Code.
(2) Multiply the amount determined under division (A)(1) of
this section by five and five-tenths per cent;
(3) Divide the amount determined under division (A)(2) of
this section by the total number of days in the fiscal year for
which the franchise permit fee is assessed under section 3721.51
of the Revised Code;
(4) Subtract eleven dollars and ninety-five cents from the
amount determined under division (A)(3) of this section;
(5) Add eleven dollars and ninety-five cents to the amount
determined under division (A)(4) of this section For fiscal year
2013 and each fiscal year thereafter, eleven dollars and sixty
cents.
(B) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(C) "Hospital long-term care unit" means any distinct part of
a hospital in which any of the following beds are located:
(1) Beds registered pursuant to section 3701.07 of the
Revised Code as skilled nursing facility beds or long-term care
beds;
(2) Beds licensed as nursing home beds under section 3721.02
or 3721.09 of the Revised Code.
(D) "Indirect guarantee percentage" means the percentage
specified in section 1903(w)(4)(C)(ii) of the "Social Security
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii) that is
to be used in determining whether a class of providers is
indirectly held harmless for any portion of the costs of a
broad-based health-care-related tax. If the indirect guarantee
percentage changes during a fiscal year, the indirect guarantee
percentage is the following:
(1) For the part of the fiscal year before the change takes
effect, the percentage in effect before the change;
(2) For the part of the fiscal year beginning with the date
the indirect guarantee percentage changes, the new percentage.
(E) "Inpatient days" means all days during which a resident
of a nursing facility, regardless of payment source, occupies a
bed in the nursing facility that is included in the facility's
certified capacity under Title XIX. Therapeutic or hospital leave
days for which payment is made under section 5111.26 of the
Revised Code are considered inpatient days proportionate to the
percentage of the facility's per resident per day rate paid for
those days.
(E)(F) "Medicaid" has the same meaning as in section 5111.01
of the Revised Code.
(F)(G) "Medicaid day" means all days during which a resident
who is a medicaid recipient occupies a bed in a nursing facility
that is included in the facility's certified capacity under Title
XIX. Therapeutic or hospital leave days for which payment is made
under section 5111.26 of the Revised Code are considered medicaid
days proportionate to the percentage of the nursing facility's per
resident per day rate for those days.
(G)(H) "Medicare" means the program established by Title
XVIII.
(H)(I) "Nursing facility" has the same meaning as in section
5111.20 of the Revised Code.
(I)(J)(1) "Nursing home" means all of the following:
(a) A nursing home licensed under section 3721.02 or 3721.09
of the Revised Code, including any part of a home for the aging
licensed as a nursing home;
(b) A facility or part of a facility, other than a hospital,
that is certified as a skilled nursing facility under Title XVIII;
(c) A nursing facility, other than a portion of a hospital
certified as a nursing facility.
(2) "Nursing home" does not include any of the following:
(a) A county home, county nursing home, or district home
operated pursuant to Chapter 5155. of the Revised Code;
(b) A nursing home maintained and operated by the department
of veterans services under section 5907.01 of the Revised Code;
(c) A nursing home or part of a nursing home licensed under
section 3721.02 or 3721.09 of the Revised Code that is certified
as an intermediate care facility for the mentally retarded under
Title XIX.
(J)(K) "Title XIX" means Title XIX of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.
(K)(L) "Title XVIII" means Title XVIII of the "Social
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
Sec. 3721.51. The department of job and family services
shall do all of the following:
(A) Subject to sections 3721.512 and 3721.513 of the Revised
Code and divisions (C) and (D) of this section and for the
purposes specified in sections section 3721.56 and 3721.561 of the
Revised Code, determine an annual franchise permit fee on each
nursing home in an amount equal to the franchise permit fee rate
multiplied by the product of the following:
(1) The number of beds licensed as nursing home beds, plus
any other beds certified as skilled nursing facility beds under
Title XVIII or nursing facility beds under Title XIX on the first
day of May of the calendar year in which the fee is determined
pursuant to division (A) of section 3721.53 of the Revised Code;
(2) The number of days in the fiscal year beginning on the
first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(B) Subject to sections 3721.512 and 3721.513 of the Revised
Code and divisions (C) and (D) of this section and for the
purposes specified in sections section 3721.56 and 3721.561 of the
Revised Code, determine an annual franchise permit fee on each
hospital in an amount equal to the franchise permit fee rate
multiplied by the product of the following:
(1) The number of beds registered pursuant to section 3701.07
of the Revised Code as skilled nursing facility beds or long-term
care beds, plus any other beds licensed as nursing home beds under
section 3721.02 or 3721.09 of the Revised Code, on the first day
of May of the calendar year in which the fee is determined
pursuant to division (A) of section 3721.53 of the Revised Code;
(2) The number of days in the fiscal year beginning on the
first day of July of the calendar year in which the fee is
determined pursuant to division (A) of section 3721.53 of the
Revised Code.
(C) If the total amount of the franchise permit fee assessed
under divisions (A) and (B) of this section for a fiscal year
exceeds five and one-half per cent the indirect guarantee
percentage of the actual net patient revenue for all nursing homes
and hospital long-term care units for that fiscal year, do both of
the following:
(1) Recalculate the assessments under divisions (A) and (B)
of this section using a per bed per day rate equal to five and
one-half per cent the indirect guarantee percentage of actual net
patient revenue for all nursing homes and hospital long-term care
units for that fiscal year;
(2) Refund the difference between the amount of the franchise
permit fee assessed for that fiscal year under divisions (A) and
(B) of this section and the amount recalculated under division
(C)(1) of this section as a credit against the assessments imposed
under divisions (A) and (B) of this section for the subsequent
fiscal year.
(D) If the United States centers for medicare and medicaid
services determines that the franchise permit fee established by
sections 3721.50 to 3721.58 of the Revised Code is an
impermissible health care-related tax under section 1903(w) of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as
amended, take all necessary actions to cease implementation of
sections 3721.50 to 3721.58 of the Revised Code in accordance with
rules adopted under section 3721.58 of the Revised Code.
Sec. 3721.561 3721.56. (A) There is hereby created in the
state treasury the nursing facility stabilization home franchise
permit fee fund. All payments and penalties paid by nursing homes
and hospitals under sections 3721.53 and 3721.54 of the Revised
Code that are not deposited into the home and community-based
services for the aged fund shall be deposited into the fund. The
fund shall also consist of money deposited into it pursuant to
sections 3769.08 and 3769.26 of the Revised Code. Subject to
division (B) of section 3769.08 of the Revised Code, the
department of job and family services shall use the money in the
fund to make medicaid payments to providers of nursing facilities
facility services and providers of home and community-based
services. Money in the fund may also be used for the residential
state supplement program established under section 5119.69 of the
Revised Code.
(B) Any money remaining in the nursing facility stabilization
home franchise permit fee fund after payments specified in
division (A) of this section are made shall be retained in the
fund. Any interest or other investment proceeds earned on money in
the fund shall be credited to the fund and used to make medicaid
payments in accordance with division (A) of this section.
Sec. 3721.58. The director of job and family services shall
adopt rules in accordance with Chapter 119. of the Revised Code to
do all both of the following:
(A) Prescribe the actions the department of job and family
services will take to cease implementation of sections 3721.50
through 3721.57 of the Revised Code if the United States centers
for medicare and medicaid services determines that the franchise
permit fee established by those sections is an impermissible
health-care related tax under section 1903(w) of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as
amended;
(B) Establish the method of distributing moneys in the home
and community-based services for the aged fund created under
section 3721.56 of the Revised Code;
(C) Establish any requirements or procedures the director
considers necessary to implement sections 3721.50 to 3721.58 of
the Revised Code.
Sec. 3729.01. As used in this chapter:
(A) "Camp operator" means the operator of a recreational
vehicle park, recreation camp, combined park-camp, or temporary
park-camp.
(B) "Campsite user" means a person who enters into a campsite
use agreement with a camp operator for the use of a campsite at a
recreational vehicle park, recreation camp, combined park-camp, or
temporary park-camp.
(C) "Combined park-camp" means any tract of land upon which a
combination of five or more self-contained recreational vehicles
or portable camping units are placed and includes any roadway,
building, structure, vehicle, or enclosure used or intended for
use as part of the park facilities. A tract of land that is
subdivided for lease or other contract of the individual lots is a
combined park-camp if a combination of five or more recreational
vehicles or portable camping units are placed on it for
recreation, vacation, or business purposes.
"Combined park-camp" does not include any tract of land used
solely as a temporary park-camp or solely as a manufactured home
park.
(D) "Dependent recreational vehicle" means a recreational
vehicle other than a self-contained recreational vehicle.
"Dependent recreational vehicle" includes a park model.
(E) "Development" means any artificial change to improved or
unimproved real estate, including, without limitation, buildings
or structures, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials, and the
construction, expansion, or substantial alteration of a
recreational vehicle park, recreation camp, or combined park-camp,
for which plan review is required under division (A) of section
3729.03 of the Revised Code. "Development" does not include the
building, construction, erection, or manufacture of any building
to which section 3781.06 of the Revised Code is applicable.
(F) "Director of health" means the director of health or the
director's authorized representative.
(G) "Flood" or "flooding" means either of the following:
(1) A general and temporary condition of partial or complete
inundation of normally dry land areas from any of the following:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation or runoff of surface
waters from any source;
(c) Mudslides that are proximately caused by flooding as
defined in division (G)(1)(b) of this section and that are akin to
a river of liquid and flowing mud on the surface of normally dry
land areas, as when earth is carried by a current of water and
deposited along the path of the current.
(2) The collapse or subsidence of land along the shore of a
lake or other body of water as a result of erosion or undermining
that is caused by waves or currents of water exceeding anticipated
cyclical levels or that is suddenly caused by an unusually high
water level in a natural body of water, and that is accompanied by
a severe storm, by an unanticipated force of nature, such as a
flash flood, by an abnormal tidal surge, or by some similarly
unusual and unforeseeable event, that results in flooding as
defined in division (G)(1)(a) of this section.
(H) "Flood plain" means the area adjoining any river, stream,
watercourse, or lake that has been or may be covered by flood
water.
(I) "Licensor" means either the board of health of a city or
general health district, or the authority having the duties of a
board of health in any city as authorized by section 3709.05 of
the Revised Code, or the director of health, when required under
division (B) of section 3729.06 of the Revised Code. "Licensor"
also means an authorized representative of any of those entities
or of the director.
(J) "Manufactured home park" has the same meaning as in
section 3733.01 4781.01 of the Revised Code.
(K) "One-hundred-year flood" means a flood having a one per
cent chance of being equaled or exceeded in any given year.
(L) "One-hundred-year flood plain" means that portion of a
flood plain inundated by a one-hundred-year flood.
(M) "Operator" means the person who has responsible charge of
a recreational vehicle park, recreation camp, combined park-camp,
or temporary park-camp and who is licensed under this chapter.
(N) "Park model" means a recreational vehicle that meets the
American national standard institute standard A119.5(1988) for
park trailers, is built on a single chassis, has a gross trailer
area of not more than four hundred square feet when set up, is
designed for seasonal or temporary living quarters, and may be
connected to utilities necessary for operation of installed
features and appliances.
(O) "Person" has the same meaning as in section 1.59 of the
Revised Code and also includes this state, any political
subdivision of this state, and any other state or local body of
this state.
(P) "Portable camping units" means dependent recreational
vehicles, tents, portable sleeping equipment, and similar camping
equipment used for travel, recreation, vacation, or business
purposes.
(Q) "Recreation camp" means any tract of land upon which five
or more portable camping units are placed and includes any
roadway, building, structure, vehicle, or enclosure used or
intended for use as a part of the facilities of the camp. A tract
of land that is subdivided for lease or other contract of the
individual lots is a recreation camp if five or more portable
camping units are placed on it for recreation, vacation, or
business purposes.
"Recreation camp" does not include any tract of land used
solely for the storage or display for sale of dependent
recreational vehicles, solely as a temporary park-camp, or solely
as a manufactured home park.
(R) "Recreational vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(S) "Recreational vehicle park" means any tract of land used
for parking five or more self-contained recreational vehicles and
includes any roadway, building, structure, vehicle, or enclosure
used or intended for use as part of the park facilities and any
tract of land that is subdivided for lease or other contract of
the individual lots for the express or implied purpose of placing
self-contained recreational vehicles for recreation, vacation, or
business purposes.
"Recreational vehicle park" does not include any tract of
land used solely for the storage or display for sale of
self-contained recreational vehicles, solely as a temporary
park-camp, or solely as a manufactured home park.
(T) "Self-contained recreational vehicle" means a
recreational vehicle that can operate independent of connections
to sewer and water and has plumbing fixtures or appliances all of
which are connected to sewage holding tanks located within the
vehicle. "Self-contained recreational vehicle" includes a park
model.
(U) "Substantially alter" means a change in the layout or
design of a recreational vehicle park, recreation camp, combined
park-camp, or temporary park-camp, including, without limitation,
the movement of utilities or changes in established streets, lots,
or sites or in other facilities.
(V) "Temporary park-camp" means any tract of land used for a
period not to exceed a total of twenty-one days per calendar year
for the purpose of parking five or more recreational vehicles,
dependent recreational vehicles, or portable camping units, or any
combination thereof, for one or more periods of time that do not
exceed seven consecutive days or parts thereof.
(W) "Tract" means a contiguous area of land that consists of
one or more parcels, lots, or sites that have been separately
surveyed regardless of whether the individual parcels, lots, or
sites have been recorded and regardless of whether the one or more
parcels, lots, or sites are under common or different ownership.
Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the
Revised Code:
(A) "Agricultural labor camp" means one or more buildings or
structures, trailers, tents, or vehicles, together with any land
appertaining thereto, established, operated, or used as temporary
living quarters for two or more families or five or more persons
intending to engage in or engaged in agriculture or related food
processing, whether occupancy is by rent, lease, or mutual
agreement. "Agricultural labor camp" does not include a hotel or
motel, or a trailer manufactured home park as defined and
regulated pursuant to sections 3733.01 4781.26 to 3733.08 4781.52
of the Revised Code, and rules adopted thereunder.
(B) "Board of health" means the board of health of a city or
general health district or the authority having the duties of a
board of health in any city as authorized by section 3709.05 of
the Revised Code or an authorized representative of the board of
health.
(C) "Director" means the director of the department of health
or his the director's authorized representative.
(D) "Licensor" means the director of health.
(E) "Person" means the state, any political subdivision,
public or private corporation, partnership, association, trust,
individual, or other entity.
(F) "Public health council" means the public health council
as created by section 3701.33 of the Revised Code.
Sec. 3733.99. (A) Whoever violates division (A) of section
3733.08 of the Revised Code is guilty of a misdemeanor of the
fourth degree.
(B) Whoever violates section 3733.30 of the Revised Code is
guilty of a minor misdemeanor. Each day that such violation
continues is a separate offense.
(C)(B) Whoever violates section 3733.48 of the Revised Code
is guilty of a minor misdemeanor.
Sec. 3734.02. (A) The director of environmental protection,
in accordance with Chapter 119. of the Revised Code, shall adopt
and may amend, suspend, or rescind rules having uniform
application throughout the state governing solid waste facilities
and the inspections of and issuance of permits and licenses for
all solid waste facilities in order to ensure that the facilities
will be located, maintained, and operated, and will undergo
closure and post-closure care, in a sanitary manner so as not to
create a nuisance, cause or contribute to water pollution, create
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.
257.3-8, as amended. The rules may include, without limitation,
financial assurance requirements for closure and post-closure care
and corrective action and requirements for taking corrective
action in the event of the surface or subsurface discharge or
migration of explosive gases or leachate from a solid waste
facility, or of ground water contamination resulting from the
transfer or disposal of solid wastes at a facility, beyond the
boundaries of any area within a facility that is operating or is
undergoing closure or post-closure care where solid wastes were
disposed of or are being disposed of. The rules shall not concern
or relate to personnel policies, salaries, wages, fringe benefits,
or other conditions of employment of employees of persons owning
or operating solid waste facilities. The director, in accordance
with Chapter 119. of the Revised Code, shall adopt and may amend,
suspend, or rescind rules governing the issuance, modification,
revocation, suspension, or denial of variances from the director's
solid waste rules, including, without limitation, rules adopted
under this chapter governing the management of scrap tires.
Variances shall be issued, modified, revoked, suspended, or
rescinded in accordance with this division, rules adopted under
it, and Chapter 3745. of the Revised Code. The director may order
the person to whom a variance is issued to take such action within
such time as the director may determine to be appropriate and
reasonable to prevent the creation of a nuisance or a hazard to
the public health or safety or the environment. Applications for
variances shall contain such detail plans, specifications, and
information regarding objectives, procedures, controls, and other
pertinent data as the director may require. The director shall
grant a variance only if the applicant demonstrates to the
director's satisfaction that construction and operation of the
solid waste facility in the manner allowed by the variance and any
terms or conditions imposed as part of the variance will not
create a nuisance or a hazard to the public health or safety or
the environment. In granting any variance, the director shall
state the specific provision or provisions whose terms are to be
varied and also shall state specific terms or conditions imposed
upon the applicant in place of the provision or provisions. The
director may hold a public hearing on an application for a
variance or renewal of a variance at a location in the county
where the operations that are the subject of the application for
the variance are conducted. The director shall give not less than
twenty days' notice of the hearing to the applicant by certified
mail and shall publish at least one notice of the hearing in a
newspaper with general circulation in the county where the hearing
is to be held. The director shall make available for public
inspection at the principal office of the environmental protection
agency a current list of pending applications for variances and a
current schedule of pending variance hearings. The director shall
make a complete stenographic record of testimony and other
evidence submitted at the hearing. Within ten days after the
hearing, the director shall make a written determination to issue,
renew, or deny the variance and shall enter the determination and
the basis for it into the record of the hearing. The director
shall issue, renew, or deny an application for a variance or
renewal of a variance within six months of the date upon which the
director receives a complete application with all pertinent
information and data required. No variance shall be issued,
revoked, modified, or denied until the director has considered the
relative interests of the applicant, other persons and property
affected by the variance, and the general public. Any variance
granted under this division shall be for a period specified by the
director and may be renewed from time to time on such terms and
for such periods as the director determines to be appropriate. No
application shall be denied and no variance shall be revoked or
modified without a written order stating the findings upon which
the denial, revocation, or modification is based. A copy of the
order shall be sent to the applicant or variance holder by
certified mail.
(B) The director shall prescribe and furnish the forms
necessary to administer and enforce this chapter. The director may
cooperate with and enter into agreements with other state, local,
or federal agencies to carry out the purposes of this chapter. The
director may exercise all incidental powers necessary to carry out
the purposes of this chapter.
The director may use moneys in the infectious waste
management fund created in section 3734.021 of the Revised Code
exclusively for administering and enforcing the provisions of this
chapter governing the management of infectious wastes. Of each
registration and renewal fee collected under rules adopted under
division (A)(2)(a) of section 3734.021 or under section 3734.022
of the Revised Code, the director, within forty-five days of its
receipt, shall remit from the fund one-half of the fee received to
the board of health of the health district in which the registered
premises is located, or, in the instance of an infectious wastes
transporter, to the board of health of the health district in
which the transporter's principal place of business is located.
However, if the board of health having jurisdiction over a
registrant's premises or principal place of business is not on the
approved list under section 3734.08 of the Revised Code, the
director shall not make that payment to the board of health.
(C) Except as provided in this division and divisions (N)(2)
and (3) of this section, no person shall establish a new solid
waste facility or infectious waste treatment facility, or modify
an existing solid waste facility or infectious waste treatment
facility, without submitting an application for a permit with
accompanying detail plans, specifications, and information
regarding the facility and method of operation and receiving a
permit issued by the director, except that no permit shall be
required under this division to install or operate a solid waste
facility for sewage sludge treatment or disposal when the
treatment or disposal is authorized by a current permit issued
under Chapter 3704. or 6111. of the Revised Code.
No person shall continue to operate a solid waste facility
for which the director has denied a permit for which an
application was required under division (A)(3) of section 3734.05
of the Revised Code, or for which the director has disapproved
plans and specifications required to be filed by an order issued
under division (A)(5) of that section, after the date prescribed
for commencement of closure of the facility in the order issued
under division (A)(6) of section 3734.05 of the Revised Code
denying the permit application or approval.
On and after the effective date of the rules adopted under
division (A) of this section and division (D) of section 3734.12
of the Revised Code governing solid waste transfer facilities, no
person shall establish a new, or modify an existing, solid waste
transfer facility without first submitting an application for a
permit with accompanying engineering detail plans, specifications,
and information regarding the facility and its method of operation
to the director and receiving a permit issued by the director.
No person shall establish a new compost facility or continue
to operate an existing compost facility that accepts exclusively
source separated yard wastes without submitting a completed
registration for the facility to the director in accordance with
rules adopted under divisions (A) and (N)(3) of this section.
This division does not apply to an infectious waste treatment
facility that meets any of the following conditions:
(1) Is owned or operated by the generator of the wastes and
exclusively treats, by methods, techniques, and practices
established by rules adopted under division (C)(1) or (3) of
section 3734.021 of the Revised Code, wastes that are generated at
any premises owned or operated by that generator regardless of
whether the wastes are generated on the premises where the
generator's treatment facility is located or, if the generator is
a hospital as defined in section 3727.01 of the Revised Code,
infectious wastes that are described in division (A)(1)(g), (h),
or (i) of section 3734.021 of the Revised Code;
(2) Holds a license or renewal of a license to operate a
crematory facility issued under Chapter 4717. and a permit issued
under Chapter 3704. of the Revised Code;
(3) Treats or disposes of dead animals or parts thereof, or
the blood of animals, and is subject to any of the following:
(a) Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;
(b) Chapter 918. of the Revised Code;
(c) Chapter 953. of the Revised Code.
(D) Neither this chapter nor any rules adopted under it apply
to single-family residential premises; to infectious wastes
generated by individuals for purposes of their own care or
treatment that are disposed of with solid wastes from the
individual's residence; to the temporary storage of solid wastes,
other than scrap tires, prior to their collection for disposal; to
the storage of one hundred or fewer scrap tires unless they are
stored in such a manner that, in the judgment of the director or
the board of health of the health district in which the scrap
tires are stored, the storage causes a nuisance, a hazard to
public health or safety, or a fire hazard; or to the collection of
solid wastes, other than scrap tires, by a political subdivision
or a person holding a franchise or license from a political
subdivision of the state; to composting, as defined in section
1511.01 of the Revised Code, conducted in accordance with section
1511.022 of the Revised Code; or to any person who is licensed to
transport raw rendering material to a compost facility pursuant to
section 953.23 of the Revised Code.
(E)(1) As used in this division:
(a) "On-site facility" means a facility that stores, treats,
or disposes of hazardous waste that is generated on the premises
of the facility.
(b) "Off-site facility" means a facility that stores, treats,
or disposes of hazardous waste that is generated off the premises
of the facility and includes such a facility that is also an
on-site facility.
(c) "Satellite facility" means any of the following:
(i) An on-site facility that also receives hazardous waste
from other premises owned by the same person who generates the
waste on the facility premises;
(ii) An off-site facility operated so that all of the
hazardous waste it receives is generated on one or more premises
owned by the person who owns the facility;
(iii) An on-site facility that also receives hazardous waste
that is transported uninterruptedly and directly to the facility
through a pipeline from a generator who is not the owner of the
facility.
(2) Except as provided in division (E)(3) of this section, no
person shall establish or operate a hazardous waste facility, or
use a solid waste facility for the storage, treatment, or disposal
of any hazardous waste, without a hazardous waste facility
installation and operation permit issued in accordance with
section 3734.05 of the Revised Code and subject to the payment of
an application fee not to exceed one thousand five hundred
dollars, payable upon application for a hazardous waste facility
installation and operation permit and upon application for a
renewal permit issued under division (H) of section 3734.05 of the
Revised Code, to be credited to the hazardous waste facility
management fund created in section 3734.18 of the Revised Code.
The term of a hazardous waste facility installation and operation
permit shall not exceed ten years.
In addition to the application fee, there is hereby levied an
annual permit fee to be paid by the permit holder upon the
anniversaries of the date of issuance of the hazardous waste
facility installation and operation permit and of any subsequent
renewal permits and to be credited to the hazardous waste facility
management fund. Annual permit fees totaling forty thousand
dollars or more for any one facility may be paid on a quarterly
basis with the first quarterly payment each year being due on the
anniversary of the date of issuance of the hazardous waste
facility installation and operation permit and of any subsequent
renewal permits. The annual permit fee shall be determined for
each permit holder by the director in accordance with the
following schedule:
TYPE OF BASIC |
|
|
|
|
|
|
MANAGEMENT UNIT |
|
TYPE OF FACILITY |
|
FEE |
|
|
Storage facility using: |
|
|
|
|
|
|
Containers |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
$ 500 |
|
|
Tanks |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
500 |
|
|
Waste pile |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
3,000 |
|
|
Surface impoundment |
|
On-site and satellite |
|
8,000 |
|
|
|
|
Off-site |
|
10,000 |
|
|
Disposal facility using: |
|
|
|
|
|
|
Deep well injection |
|
On-site and satellite |
|
15,000 |
|
|
|
|
Off-site |
|
25,000 |
|
|
Landfill |
|
On-site and satellite |
|
25,000 |
|
|
|
|
Off-site |
|
40,000 |
|
|
Land application |
|
On-site and satellite |
|
2,500 |
|
|
|
|
Off-site |
|
5,000 |
|
|
Surface impoundment |
|
On-site and satellite |
|
10,000 |
|
|
|
|
Off-site |
|
20,000 |
|
|
Treatment facility using: |
|
|
|
|
|
|
Tanks |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
700 |
|
|
Surface impoundment |
|
On-site and satellite |
|
8,000 |
|
|
|
|
Off-site |
|
10,000 |
|
|
Incinerator |
|
On-site and satellite |
|
5,000 |
|
|
|
|
Off-site |
|
10,000 |
|
|
Other forms |
|
|
|
|
|
|
of treatment |
|
On-site, off-site, and |
|
|
|
|
|
|
satellite |
|
1,000 |
|
|
A hazardous waste disposal facility that disposes of
hazardous waste by deep well injection and that pays the annual
permit fee established in section 6111.046 of the Revised Code is
not subject to the permit fee established in this division for
disposal facilities using deep well injection unless the director
determines that the facility is not in compliance with applicable
requirements established under this chapter and rules adopted
under it.
In determining the annual permit fee required by this
section, the director shall not require additional payments for
multiple units of the same method of storage, treatment, or
disposal or for individual units that are used for both storage
and treatment. A facility using more than one method of storage,
treatment, or disposal shall pay the permit fee indicated by the
schedule for each such method.
The director shall not require the payment of that portion of
an annual permit fee of any permit holder that would apply to a
hazardous waste management unit for which a permit has been
issued, but for which construction has not yet commenced. Once
construction has commenced, the director shall require the payment
of a part of the appropriate fee indicated by the schedule that
bears the same relationship to the total fee that the number of
days remaining until the next anniversary date at which payment of
the annual permit fee is due bears to three hundred sixty-five.
The director, by rules adopted in accordance with Chapters
119. and 3745. of the Revised Code, shall prescribe procedures for
collecting the annual permit fee established by this division and
may prescribe other requirements necessary to carry out this
division.
(3) The prohibition against establishing or operating a
hazardous waste facility without a hazardous waste facility
installation and operation permit does not apply to either of the
following:
(a) A facility that is operating in accordance with a permit
renewal issued under division (H) of section 3734.05 of the
Revised Code, a revision issued under division (I) of that section
as it existed prior to August 20, 1996, or a modification issued
by the director under division (I) of that section on and after
August 20, 1996;
(b) Except as provided in division (J) of section 3734.05 of
the Revised Code, a facility that will operate or is operating in
accordance with a permit by rule, or that is not subject to permit
requirements, under rules adopted by the director. In accordance
with Chapter 119. of the Revised Code, the director shall adopt,
and subsequently may amend, suspend, or rescind, rules for the
purposes of division (E)(3)(b) of this section. Any rules so
adopted shall be consistent with and equivalent to regulations
pertaining to interim status adopted under the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.
6921, as amended, except as otherwise provided in this chapter.
If a modification is requested or proposed for a facility
described in division (E)(3)(a) or (b) of this section, division
(I)(7) of section 3734.05 of the Revised Code applies.
(F) No person shall store, treat, or dispose of hazardous
waste identified or listed under this chapter and rules adopted
under it, regardless of whether generated on or off the premises
where the waste is stored, treated, or disposed of, or transport
or cause to be transported any hazardous waste identified or
listed under this chapter and rules adopted under it to any other
premises, except at or to any of the following:
(1) A hazardous waste facility operating under a permit
issued in accordance with this chapter;
(2) A facility in another state operating under a license or
permit issued in accordance with the "Resource Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended;
(3) A facility in another nation operating in accordance with
the laws of that nation;
(4) A facility holding a permit issued pursuant to Title I of
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86
Stat. 1052, 33 U.S.C.A. 1401, as amended;
(5) A hazardous waste facility as described in division
(E)(3)(a) or (b) of this section.
(G) The director, by order, may exempt any person generating,
collecting, storing, treating, disposing of, or transporting solid
wastes, infectious wastes, or hazardous waste, or processing solid
wastes that consist of scrap tires, in such quantities or under
such circumstances that, in the determination of the director, are
unlikely to adversely affect the public health or safety or the
environment from any requirement to obtain a registration
certificate, permit, or license or comply with the manifest system
or other requirements of this chapter. Such an exemption shall be
consistent with and equivalent to any regulations adopted by the
administrator of the United States environmental protection agency
under the "Resource Conservation and Recovery Act of 1976," 90
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise
provided in this chapter.
(H) No person shall engage in filling, grading, excavating,
building, drilling, or mining on land where a hazardous waste
facility, or a solid waste facility, was operated without prior
authorization from the director, who shall establish the procedure
for granting such authorization by rules adopted in accordance
with Chapter 119. of the Revised Code.
A public utility that has main or distribution lines above or
below the land surface located on an easement or right-of-way
across land where a solid waste facility was operated may engage
in any such activity within the easement or right-of-way without
prior authorization from the director for purposes of performing
emergency repair or emergency replacement of its lines; of the
poles, towers, foundations, or other structures supporting or
sustaining any such lines; or of the appurtenances to those
structures, necessary to restore or maintain existing public
utility service. A public utility may enter upon any such easement
or right-of-way without prior authorization from the director for
purposes of performing necessary or routine maintenance of those
portions of its existing lines; of the existing poles, towers,
foundations, or other structures sustaining or supporting its
lines; or of the appurtenances to any such supporting or
sustaining structure, located on or above the land surface on any
such easement or right-of-way. Within twenty-four hours after
commencing any such emergency repair, replacement, or maintenance
work, the public utility shall notify the director or the
director's authorized representative of those activities and shall
provide such information regarding those activities as the
director or the director's representative may request. Upon
completion of the emergency repair, replacement, or maintenance
activities, the public utility shall restore any land of the solid
waste facility disturbed by those activities to the condition
existing prior to the commencement of those activities.
(I) No owner or operator of a hazardous waste facility, in
the operation of the facility, shall cause, permit, or allow the
emission therefrom of any particulate matter, dust, fumes, gas,
mist, smoke, vapor, or odorous substance that, in the opinion of
the director, unreasonably interferes with the comfortable
enjoyment of life or property by persons living or working in the
vicinity of the facility, or that is injurious to public health.
Any such action is hereby declared to be a public nuisance.
(J) Notwithstanding any other provision of this chapter, in
the event the director finds an imminent and substantial danger to
public health or safety or the environment that creates an
emergency situation requiring the immediate treatment, storage, or
disposal of hazardous waste, the director may issue a temporary
emergency permit to allow the treatment, storage, or disposal of
the hazardous waste at a facility that is not otherwise authorized
by a hazardous waste facility installation and operation permit to
treat, store, or dispose of the waste. The emergency permit shall
not exceed ninety days in duration and shall not be renewed. The
director shall adopt, and may amend, suspend, or rescind, rules in
accordance with Chapter 119. of the Revised Code governing the
issuance, modification, revocation, and denial of emergency
permits.
(K) No owner or operator of a sanitary landfill shall
knowingly accept for disposal, or dispose of, any infectious
wastes, other than those subject to division (A)(1)(c) of section
3734.021 of the Revised Code, that have not been treated to render
them noninfectious. For the purposes of this division,
certification by the owner or operator of the treatment facility
where the wastes were treated on the shipping paper required by
rules adopted under division (D)(2) of that section creates a
rebuttable presumption that the wastes have been so treated.
(L) The director, in accordance with Chapter 119. of the
Revised Code, shall adopt, and may amend, suspend, or rescind,
rules having uniform application throughout the state establishing
a training and certification program that shall be required for
employees of boards of health who are responsible for enforcing
the solid waste and infectious waste provisions of this chapter
and rules adopted under them and for persons who are responsible
for the operation of solid waste facilities or infectious waste
treatment facilities. The rules shall provide all of the
following, without limitation:
(1) The program shall be administered by the director and
shall consist of a course on new solid waste and infectious waste
technologies, enforcement procedures, and rules;
(2) The course shall be offered on an annual basis;
(3) Those persons who are required to take the course under
division (L) of this section shall do so triennially;
(4) Persons who successfully complete the course shall be
certified by the director;
(5) Certification shall be required for all employees of
boards of health who are responsible for enforcing the solid waste
or infectious waste provisions of this chapter and rules adopted
under them and for all persons who are responsible for the
operation of solid waste facilities or infectious waste treatment
facilities;
(6)(a) All employees of a board of health who, on the
effective date of the rules adopted under this division, are
responsible for enforcing the solid waste or infectious waste
provisions of this chapter and the rules adopted under them shall
complete the course and be certified by the director not later
than January 1, 1995;
(b) All employees of a board of health who, after the
effective date of the rules adopted under division (L) of this
section, become responsible for enforcing the solid waste or
infectious waste provisions of this chapter and rules adopted
under them and who do not hold a current and valid certification
from the director at that time shall complete the course and be
certified by the director within two years after becoming
responsible for performing those activities.
No person shall fail to obtain the certification required
under this division.
(M) The director shall not issue a permit under section
3734.05 of the Revised Code to establish a solid waste facility,
or to modify a solid waste facility operating on December 21,
1988, in a manner that expands the disposal capacity or geographic
area covered by the facility, that is or is to be located within
the boundaries of a state park established or dedicated under
Chapter 1541. of the Revised Code, a state park purchase area
established under section 1541.02 of the Revised Code, any unit of
the national park system, or any property that lies within the
boundaries of a national park or recreation area, but that has not
been acquired or is not administered by the secretary of the
United States department of the interior, located in this state,
or any candidate area located in this state and identified for
potential inclusion in the national park system in the edition of
the "national park system plan" submitted under paragraph (b) of
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16
U.S.C.A. 1a-5, as amended, current at the time of filing of the
application for the permit, unless the facility or proposed
facility is or is to be used exclusively for the disposal of solid
wastes generated within the park or recreation area and the
director determines that the facility or proposed facility will
not degrade any of the natural or cultural resources of the park
or recreation area. The director shall not issue a variance under
division (A) of this section and rules adopted under it, or issue
an exemption order under division (G) of this section, that would
authorize any such establishment or expansion of a solid waste
facility within the boundaries of any such park or recreation
area, state park purchase area, or candidate area, other than a
solid waste facility exclusively for the disposal of solid wastes
generated within the park or recreation area when the director
determines that the facility will not degrade any of the natural
or cultural resources of the park or recreation area.
(N)(1) The rules adopted under division (A) of this section,
other than those governing variances, do not apply to scrap tire
collection, storage, monocell, monofill, and recovery facilities.
Those facilities are subject to and governed by rules adopted
under sections 3734.70 to 3734.73 of the Revised Code, as
applicable.
(2) Division (C) of this section does not apply to scrap tire
collection, storage, monocell, monofill, and recovery facilities.
The establishment and modification of those facilities are subject
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised
Code, as applicable.
(3) The director may adopt, amend, suspend, or rescind rules
under division (A) of this section creating an alternative system
for authorizing the establishment, operation, or modification of a
solid waste compost facility in lieu of the requirement that a
person seeking to establish, operate, or modify a solid waste
compost facility apply for and receive a permit under division (C)
of this section and section 3734.05 of the Revised Code and a
license under division (A)(1) of that section. The rules may
include requirements governing, without limitation, the
classification of solid waste compost facilities, the submittal of
operating records for solid waste compost facilities, and the
creation of a registration or notification system in lieu of the
issuance of permits and licenses for solid waste compost
facilities. The rules shall specify the applicability of divisions
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised
Code to a solid waste compost facility.
Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),
(8), and (9) of this section, no person shall operate or maintain
a solid waste facility without a license issued under this
division by the board of health of the health district in which
the facility is located or by the director of environmental
protection when the health district in which the facility is
located is not on the approved list under section 3734.08 of the
Revised Code.
During the month of December, but before the first day of
January of the next year, every person proposing to continue to
operate an existing solid waste facility shall procure a license
under this division to operate the facility for that year from the
board of health of the health district in which the facility is
located or, if the health district is not on the approved list
under section 3734.08 of the Revised Code, from the director. The
application for such a license shall be submitted to the board of
health or to the director, as appropriate, on or before the last
day of September of the year preceding that for which the license
is sought. In addition to the application fee prescribed in
division (A)(2) of this section, a person who submits an
application after that date shall pay an additional ten per cent
of the amount of the application fee for each week that the
application is late. Late payment fees accompanying an application
submitted to the board of health shall be credited to the special
fund of the health district created in division (B) of section
3734.06 of the Revised Code, and late payment fees accompanying an
application submitted to the director shall be credited to the
general revenue fund. A person who has received a license, upon
sale or disposition of a solid waste facility, and upon consent of
the board of health and the director, may have the license
transferred to another person. The board of health or the director
may include such terms and conditions in a license or revision to
a license as are appropriate to ensure compliance with this
chapter and rules adopted under it. The terms and conditions may
establish the authorized maximum daily waste receipts for the
facility. Limitations on maximum daily waste receipts shall be
specified in cubic yards of volume for the purpose of regulating
the design, construction, and operation of solid waste facilities.
Terms and conditions included in a license or revision to a
license by a board of health shall be consistent with, and pertain
only to the subjects addressed in, the rules adopted under
division (A) of section 3734.02 and division (D) of section
3734.12 of the Revised Code.
(2)(a) Except as provided in divisions (A)(2)(b), (8), and
(9) of this section, each person proposing to open a new solid
waste facility or to modify an existing solid waste facility shall
submit an application for a permit with accompanying detail plans
and specifications to the environmental protection agency for
required approval under the rules adopted by the director pursuant
to division (A) of section 3734.02 of the Revised Code and
applicable rules adopted under division (D) of section 3734.12 of
the Revised Code at least two hundred seventy days before proposed
operation of the facility and shall concurrently make application
for the issuance of a license under division (A)(1) of this
section with the board of health of the health district in which
the proposed facility is to be located.
(b) On and after the effective date of the rules adopted
under division (A) of section 3734.02 of the Revised Code and
division (D) of section 3734.12 of the Revised Code governing
solid waste transfer facilities, each person proposing to open a
new solid waste transfer facility or to modify an existing solid
waste transfer facility shall submit an application for a permit
with accompanying engineering detail plans, specifications, and
information regarding the facility and its method of operation to
the environmental protection agency for required approval under
those rules at least two hundred seventy days before commencing
proposed operation of the facility and concurrently shall make
application for the issuance of a license under division (A)(1) of
this section with the board of health of the health district in
which the facility is located or proposed.
(c) Each application for a permit under division (A)(2)(a) or
(b) of this section shall be accompanied by a nonrefundable
application fee of four hundred dollars that shall be credited to
the general revenue fund. Each application for an annual license
under division (A)(1) or (2) of this section shall be accompanied
by a nonrefundable application fee of one hundred dollars. If the
application for an annual license is submitted to a board of
health on the approved list under section 3734.08 of the Revised
Code, the application fee shall be credited to the special fund of
the health district created in division (B) of section 3734.06 of
the Revised Code. If the application for an annual license is
submitted to the director, the application fee shall be credited
to the general revenue fund. If a permit or license is issued, the
amount of the application fee paid shall be deducted from the
amount of the permit fee due under division (Q) of section 3745.11
of the Revised Code or the amount of the license fee due under
division (A)(1), (2), (3), or (4), or (5) of section 3734.06 of
the Revised Code.
(d) As used in divisions (A)(2)(d), (e), and (f) of this
section, "modify" means any of the following:
(i) Any increase of more than ten per cent in the total
capacity of a solid waste facility;
(ii) Any expansion of the limits of solid waste placement at
a solid waste facility;
(iii) Any increase in the depth of excavation at a solid
waste facility;
(iv) Any change in the technique of waste receipt or type of
waste received at a solid waste facility that may endanger human
health, as determined by the director by rules adopted in
accordance with Chapter 119. of the Revised Code.
Not later than thirty-five forty-five days after submitting
an application under division (A)(2)(a) or (b) of this section for
a permit to open a new or modify an existing solid waste facility,
the applicant, in conjunction with an officer or employee of the
environmental protection agency, shall hold a public meeting on
the application within the county in which the new or modified
solid waste facility is or is proposed to be located or within a
contiguous county. Not less than thirty days before holding the
public meeting on the application, the applicant shall publish
notice of the meeting in each newspaper of general circulation
that is published in the county in which the facility is or is
proposed to be located. If no newspaper of general circulation is
published in the county, the applicant shall publish the notice in
a newspaper of general circulation in the county. The notice shall
contain the date, time, and location of the public meeting and a
general description of the proposed new or modified facility. Not
later than five days after publishing the notice, the applicant
shall send by certified mail a copy of the notice and the date the
notice was published to the director and the legislative authority
of each municipal corporation, township, and county, and to the
chief executive officer of each municipal corporation, in which
the facility is or is proposed to be located. At the public
meeting, the applicant shall provide information and describe the
application and respond to comments or questions concerning the
application, and the officer or employee of the agency shall
describe the permit application process. At the public meeting,
any person may submit written or oral comments on or objections to
the application. Not more than thirty days after the public
meeting, the applicant shall provide the director with a copy of a
transcript of the full meeting, copies of any exhibits, displays,
or other materials presented by the applicant at the meeting, and
the original copy of any written comments submitted at the
meeting.
(e) Except as provided in division (A)(2)(f) of this section,
prior to taking an action, other than a proposed or final denial,
upon an application submitted under division (A)(2)(a) of this
section for a permit to open a new or modify an existing solid
waste facility, the director shall hold a public information
session and a public hearing on the application within the county
in which the new or modified solid waste facility is or is
proposed to be located or within a contiguous county. If the
application is for a permit to open a new solid waste facility,
the director shall hold the hearing not less than fourteen days
after the information session. If the application is for a permit
to modify an existing solid waste facility, the director may hold
both the information session and the hearing on the same day
unless any individual affected by the application requests in
writing that the information session and the hearing not be held
on the same day, in which case the director shall hold the hearing
not less than fourteen days after the information session. The
director shall publish notice of the public information session or
public hearing not less than thirty days before holding the
information session or hearing, as applicable. The notice shall be
published in each newspaper of general circulation that is
published in the county in which the facility is or is proposed to
be located. If no newspaper of general circulation is published in
the county, the director shall publish the notice in a newspaper
of general circulation in the county. The notice shall contain the
date, time, and location of the information session or hearing, as
applicable, and a general description of the proposed new or
modified facility. At the public information session, an officer
or employee of the environmental protection agency shall describe
the status of the permit application and be available to respond
to comments or questions concerning the application. At the public
hearing, any person may submit written or oral comments on or
objections to the approval of the application. The applicant, or a
representative of the applicant who has knowledge of the location,
construction, and operation of the facility, shall attend the
information session and public hearing to respond to comments or
questions concerning the facility directed to the applicant or
representative by the officer or employee of the environmental
protection agency presiding at the information session and
hearing.
(f) The solid waste management policy committee of a county
or joint solid waste management district may adopt a resolution
requesting expeditious consideration of a specific application
submitted under division (A)(2)(a) of this section for a permit to
modify an existing solid waste facility within the district. The
resolution shall make the finding that expedited consideration of
the application without the public information session and public
hearing under division (A)(2)(e) of this section is in the public
interest and will not endanger human health, as determined by the
director by rules adopted in accordance with Chapter 119. of the
Revised Code. Upon receiving such a resolution, the director, at
the director's discretion, may issue a final action upon the
application without holding a public information session or public
hearing pursuant to division (A)(2)(e) of this section.
(3) Except as provided in division (A)(10) of this section,
and unless the owner or operator of any solid waste facility,
other than a solid waste transfer facility or a compost facility
that accepts exclusively source separated yard wastes, that
commenced operation on or before July 1, 1968, has obtained an
exemption from the requirements of division (A)(3) of this section
in accordance with division (G) of section 3734.02 of the Revised
Code, the owner or operator shall submit to the director an
application for a permit with accompanying engineering detail
plans, specifications, and information regarding the facility and
its method of operation for approval under rules adopted under
division (A) of section 3734.02 of the Revised Code and applicable
rules adopted under division (D) of section 3734.12 of the Revised
Code in accordance with the following schedule:
(a) Not later than September 24, 1988, if the facility is
located in the city of Garfield Heights or Parma in Cuyahoga
county;
(b) Not later than December 24, 1988, if the facility is
located in Delaware, Greene, Guernsey, Hamilton, Madison,
Mahoning, Ottawa, or Vinton county;
(c) Not later than March 24, 1989, if the facility is located
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or
Washington county, or is located in the city of Brooklyn or
Cuyahoga Heights in Cuyahoga county;
(d) Not later than June 24, 1989, if the facility is located
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or
Summit county or is located in Cuyahoga county outside the cities
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;
(e) Not later than September 24, 1989, if the facility is
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross
county;
(f) Not later than December 24, 1989, if the facility is
located in a county not listed in divisions (A)(3)(a) to (e) of
this section;
(g) Notwithstanding divisions (A)(3)(a) to (f) of this
section, not later than December 31, 1990, if the facility is a
solid waste facility owned by a generator of solid wastes when the
solid waste facility exclusively disposes of solid wastes
generated at one or more premises owned by the generator
regardless of whether the facility is located on a premises where
the wastes are generated and if the facility disposes of more than
one hundred thousand tons of solid wastes per year, provided that
any such facility shall be subject to division (A)(5) of this
section.
(4) Except as provided in divisions (A)(8), (9), and (10) of
this section, unless the owner or operator of any solid waste
facility for which a permit was issued after July 1, 1968, but
before January 1, 1980, has obtained an exemption from the
requirements of division (A)(4) of this section under division (G)
of section 3734.02 of the Revised Code, the owner or operator
shall submit to the director an application for a permit with
accompanying engineering detail plans, specifications, and
information regarding the facility and its method of operation for
approval under those rules.
(5) The director may issue an order in accordance with
Chapter 3745. of the Revised Code to the owner or operator of a
solid waste facility requiring the person to submit to the
director updated engineering detail plans, specifications, and
information regarding the facility and its method of operation for
approval under rules adopted under division (A) of section 3734.02
of the Revised Code and applicable rules adopted under division
(D) of section 3734.12 of the Revised Code if, in the director's
judgment, conditions at the facility constitute a substantial
threat to public health or safety or are causing or contributing
to or threatening to cause or contribute to air or water pollution
or soil contamination. Any person who receives such an order shall
submit the updated engineering detail plans, specifications, and
information to the director within one hundred eighty days after
the effective date of the order.
(6) The director shall act upon an application submitted
under division (A)(3) or (4) of this section and any updated
engineering plans, specifications, and information submitted under
division (A)(5) of this section within one hundred eighty days
after receiving them. If the director denies any such permit
application, the order denying the application or disapproving the
plans shall include the requirements that the owner or operator
submit a plan for closure and post-closure care of the facility to
the director for approval within six months after issuance of the
order, cease accepting solid wastes for disposal or transfer at
the facility, and commence closure of the facility not later than
one year after issuance of the order. If the director determines
that closure of the facility within that one-year period would
result in the unavailability of sufficient solid waste management
facility capacity within the county or joint solid waste
management district in which the facility is located to dispose of
or transfer the solid waste generated within the district, the
director in the order of denial or disapproval may postpone
commencement of closure of the facility for such period of time as
the director finds necessary for the board of county commissioners
or directors of the district to secure access to or for there to
be constructed within the district sufficient solid waste
management facility capacity to meet the needs of the district,
provided that the director shall certify in the director's order
that postponing the date for commencement of closure will not
endanger ground water or any property surrounding the facility,
allow methane gas migration to occur, or cause or contribute to
any other type of environmental damage.
If an emergency need for disposal capacity that may affect
public health and safety exists as a result of closure of a
facility under division (A)(6) of this section, the director may
issue an order designating another solid waste facility to accept
the wastes that would have been disposed of at the facility to be
closed.
(7) If the director determines that standards more stringent
than those applicable in rules adopted under division (A) of
section 3734.02 of the Revised Code and division (D) of section
3734.12 of the Revised Code, or standards pertaining to subjects
not specifically addressed by those rules, are necessary to ensure
that a solid waste facility constructed at the proposed location
will not cause a nuisance, cause or contribute to water pollution,
or endanger public health or safety, the director may issue a
permit for the facility with such terms and conditions as the
director finds necessary to protect public health and safety and
the environment. If a permit is issued, the director shall state
in the order issuing it the specific findings supporting each such
term or condition.
(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do
not apply to a solid waste compost facility that accepts
exclusively source separated yard wastes and that is registered
under division (C) of section 3734.02 of the Revised Code or,
unless otherwise provided in rules adopted under division (N)(3)
of section 3734.02 of the Revised Code, to a solid waste compost
facility if the director has adopted rules establishing an
alternative system for authorizing the establishment, operation,
or modification of a solid waste compost facility under that
division.
(9) Divisions (A)(1) to (7) of this section do not apply to
scrap tire collection, storage, monocell, monofill, and recovery
facilities. The approval of plans and specifications, as
applicable, and the issuance of registration certificates,
permits, and licenses for those facilities are subject to sections
3734.75 to 3734.78 of the Revised Code, as applicable, and section
3734.81 of the Revised Code.
(10) Divisions (A)(3) and (4) of this section do not apply to
a solid waste incinerator that was placed into operation on or
before October 12, 1994, and that is not authorized to accept and
treat infectious wastes pursuant to division (B) of this section.
(B)(1) Each person who is engaged in the business of treating
infectious wastes for profit at a treatment facility located off
the premises where the wastes are generated that is in operation
on August 10, 1988, and who proposes to continue operating the
facility shall submit to the board of health of the health
district in which the facility is located an application for a
license to operate the facility.
Thereafter, no person shall operate or maintain an infectious
waste treatment facility without a license issued by the board of
health of the health district in which the facility is located or
by the director when the health district in which the facility is
located is not on the approved list under section 3734.08 of the
Revised Code.
(2)(a) During the month of December, but before the first day
of January of the next year, every person proposing to continue to
operate an existing infectious waste treatment facility shall
procure a license to operate the facility for that year from the
board of health of the health district in which the facility is
located or, if the health district is not on the approved list
under section 3734.08 of the Revised Code, from the director. The
application for such a license shall be submitted to the board of
health or to the director, as appropriate, on or before the last
day of September of the year preceding that for which the license
is sought. In addition to the application fee prescribed in
division (B)(2)(c) of this section, a person who submits an
application after that date shall pay an additional ten per cent
of the amount of the application fee for each week that the
application is late. Late payment fees accompanying an application
submitted to the board of health shall be credited to the special
infectious waste fund of the health district created in division
(C) of section 3734.06 of the Revised Code, and late payment fees
accompanying an application submitted to the director shall be
credited to the general revenue fund. A person who has received a
license, upon sale or disposition of an infectious waste treatment
facility and upon consent of the board of health and the director,
may have the license transferred to another person. The board of
health or the director may include such terms and conditions in a
license or revision to a license as are appropriate to ensure
compliance with the infectious waste provisions of this chapter
and rules adopted under them.
(b) Each person proposing to open a new infectious waste
treatment facility or to modify an existing infectious waste
treatment facility shall submit an application for a permit with
accompanying detail plans and specifications to the environmental
protection agency for required approval under the rules adopted by
the director pursuant to section 3734.021 of the Revised Code two
hundred seventy days before proposed operation of the facility and
concurrently shall make application for a license with the board
of health of the health district in which the facility is or is
proposed to be located. Not later than ninety days after receiving
a completed application under division (B)(2)(b) of this section
for a permit to open a new infectious waste treatment facility or
modify an existing infectious waste treatment facility to expand
its treatment capacity, or receiving a completed application under
division (A)(2)(a) of this section for a permit to open a new
solid waste incineration facility, or modify an existing solid
waste incineration facility to also treat infectious wastes or to
increase its infectious waste treatment capacity, that pertains to
a facility for which a notation authorizing infectious waste
treatment is included or proposed to be included in the solid
waste incineration facility's license pursuant to division (B)(3)
of this section, the director shall hold a public hearing on the
application within the county in which the new or modified
infectious waste or solid waste facility is or is proposed to be
located or within a contiguous county. Not less than thirty days
before holding the public hearing on the application, the director
shall publish notice of the hearing in each newspaper that has
general circulation and that is published in the county in which
the facility is or is proposed to be located. If there is no
newspaper that has general circulation and that is published in
the county, the director shall publish the notice in a newspaper
of general circulation in the county. The notice shall contain the
date, time, and location of the public hearing and a general
description of the proposed new or modified facility. At the
public hearing, any person may submit written or oral comments on
or objections to the approval or disapproval of the application.
The applicant, or a representative of the applicant who has
knowledge of the location, construction, and operation of the
facility, shall attend the public hearing to respond to comments
or questions concerning the facility directed to the applicant or
representative by the officer or employee of the environmental
protection agency presiding at the hearing.
(c) Each application for a permit under division (B)(2)(b) of
this section shall be accompanied by a nonrefundable application
fee of four hundred dollars that shall be credited to the general
revenue fund. Each application for an annual license under
division (B)(2)(a) of this section shall be accompanied by a
nonrefundable application fee of one hundred dollars. If the
application for an annual license is submitted to a board of
health on the approved list under section 3734.08 of the Revised
Code, the application fee shall be credited to the special
infectious waste fund of the health district created in division
(C) of section 3734.06 of the Revised Code. If the application for
an annual license is submitted to the director, the application
fee shall be credited to the general revenue fund. If a permit or
license is issued, the amount of the application fee paid shall be
deducted from the amount of the permit fee due under division (Q)
of section 3745.11 of the Revised Code or the amount of the
license fee due under division (C) of section 3734.06 of the
Revised Code.
(d) The owner or operator of any infectious waste treatment
facility that commenced operation on or before July 1, 1968, shall
submit to the director an application for a permit with
accompanying engineering detail plans, specifications, and
information regarding the facility and its method of operation for
approval under rules adopted under section 3734.021 of the Revised
Code in accordance with the following schedule:
(i) Not later than December 24, 1988, if the facility is
located in Delaware, Greene, Guernsey, Hamilton, Madison,
Mahoning, Ottawa, or Vinton county;
(ii) Not later than March 24, 1989, if the facility is
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,
or Washington county, or is located in the city of Brooklyn,
Cuyahoga Heights, or Parma in Cuyahoga county;
(iii) Not later than June 24, 1989, if the facility is
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,
Lucas, or Summit county or is located in Cuyahoga county outside
the cities of Brooklyn, Cuyahoga Heights, and Parma;
(iv) Not later than September 24, 1989, if the facility is
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross
county;
(v) Not later than December 24, 1989, if the facility is
located in a county not listed in divisions (B)(2)(d)(i) to (iv)
of this section.
The owner or operator of an infectious waste treatment
facility required to submit a permit application under division
(B)(2)(d) of this section is not required to pay any permit
application fee under division (B)(2)(c) of this section, or
permit fee under division (Q) of section 3745.11 of the Revised
Code, with respect thereto unless the owner or operator also
proposes to modify the facility.
(e) The director may issue an order in accordance with
Chapter 3745. of the Revised Code to the owner or operator of an
infectious waste treatment facility requiring the person to submit
to the director updated engineering detail plans, specifications,
and information regarding the facility and its method of operation
for approval under rules adopted under section 3734.021 of the
Revised Code if, in the director's judgment, conditions at the
facility constitute a substantial threat to public health or
safety or are causing or contributing to or threatening to cause
or contribute to air or water pollution or soil contamination. Any
person who receives such an order shall submit the updated
engineering detail plans, specifications, and information to the
director within one hundred eighty days after the effective date
of the order.
(f) The director shall act upon an application submitted
under division (B)(2)(d) of this section and any updated
engineering plans, specifications, and information submitted under
division (B)(2)(e) of this section within one hundred eighty days
after receiving them. If the director denies any such permit
application or disapproves any such updated engineering plans,
specifications, and information, the director shall include in the
order denying the application or disapproving the plans the
requirement that the owner or operator cease accepting infectious
wastes for treatment at the facility.
(3) Division (B) of this section does not apply to an
infectious waste treatment facility that meets any of the
following conditions:
(a) Is owned or operated by the generator of the wastes and
exclusively treats, by methods, techniques, and practices
established by rules adopted under division (C)(1) or (3) of
section 3734.021 of the Revised Code, wastes that are generated at
any premises owned or operated by that generator regardless of
whether the wastes are generated on the same premises where the
generator's treatment facility is located or, if the generator is
a hospital as defined in section 3727.01 of the Revised Code,
infectious wastes that are described in division (A)(1)(g), (h),
or (i) of section 3734.021 of the Revised Code;
(b) Holds a license or renewal of a license to operate a
crematory facility issued under Chapter 4717. and a permit issued
under Chapter 3704. of the Revised Code;
(c) Treats or disposes of dead animals or parts thereof, or
the blood of animals, and is subject to any of the following:
(i) Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;
(ii) Chapter 918. of the Revised Code;
(iii) Chapter 953. of the Revised Code.
Nothing in division (B) of this section requires a facility
that holds a license issued under division (A) of this section as
a solid waste facility and that also treats infectious wastes by
the same method, technique, or process to obtain a license under
division (B) of this section as an infectious waste treatment
facility. However, the solid waste facility license for the
facility shall include the notation that the facility also treats
infectious wastes.
On and after the effective date of the amendments to the
rules adopted under division (C)(2) of section 3734.021 of the
Revised Code that are required by Section 6 of Substitute House
Bill No. 98 of the 120th General Assembly, the director shall not
issue a permit to open a new solid waste incineration facility
unless the proposed facility complies with the requirements for
the location of new infectious waste incineration facilities
established in the required amendments to those rules.
(C) Except for a facility or activity described in division
(E)(3) of section 3734.02 of the Revised Code, a person who
proposes to establish or operate a hazardous waste facility shall
submit a complete application for a hazardous waste facility
installation and operation permit and accompanying detail plans,
specifications, and such information as the director may require
to the environmental protection agency at least one hundred eighty
days before the proposed beginning of operation of the facility.
The applicant shall notify by certified mail the legislative
authority of each municipal corporation, township, and county in
which the facility is proposed to be located of the submission of
the application within ten days after the submission or at such
earlier time as the director may establish by rule. If the
application is for a proposed new hazardous waste disposal or
thermal treatment facility, the applicant also shall give actual
notice of the general design and purpose of the facility to the
legislative authority of each municipal corporation, township, and
county in which the facility is proposed to be located at least
ninety days before the permit application is submitted to the
environmental protection agency.
In accordance with rules adopted under section 3734.12 of the
Revised Code, prior to the submission of a complete application
for a hazardous waste facility installation and operation permit,
the applicant shall hold at least one meeting in the township or
municipal corporation in which the facility is proposed to be
located, whichever is geographically closer to the proposed
location of the facility. The meeting shall be open to the public
and shall be held to inform the community of the proposed
hazardous waste management activities and to solicit questions
from the community concerning the activities.
(D)(1) Except as provided in section 3734.123 of the Revised
Code, upon receipt of a complete application for a hazardous waste
facility installation and operation permit under division (C) of
this section, the director shall consider the application and
accompanying information to determine whether the application
complies with agency rules and the requirements of division (D)(2)
of this section. After making a determination, the director shall
issue either a draft permit or a notice of intent to deny the
permit. The director, in accordance with rules adopted under
section 3734.12 of the Revised Code or with rules adopted to
implement Chapter 3745. of the Revised Code, shall provide public
notice of the application and the draft permit or the notice of
intent to deny the permit, provide an opportunity for public
comments, and, if significant interest is shown, schedule a public
meeting in the county in which the facility is proposed to be
located and give public notice of the date, time, and location of
the public meeting in a newspaper of general circulation in that
county.
(2) The director shall not approve an application for a
hazardous waste facility installation and operation permit or an
application for a modification under division (I)(3) of this
section unless the director finds and determines as follows:
(a) The nature and volume of the waste to be treated, stored,
or disposed of at the facility;
(b) That the facility complies with the director's hazardous
waste standards adopted pursuant to section 3734.12 of the Revised
Code;
(c) That the facility represents the minimum adverse
environmental impact, considering the state of available
technology and the nature and economics of various alternatives,
and other pertinent considerations;
(d) That the facility represents the minimum risk of all of
the following:
(i) Fires or explosions from treatment, storage, or disposal
methods;
(ii) Release of hazardous waste during transportation of
hazardous waste to or from the facility;
(iii) Adverse impact on the public health and safety.
(e) That the facility will comply with this chapter and
Chapters 3704. and 6111. of the Revised Code and all rules and
standards adopted under them;
(f) That if the owner of the facility, the operator of the
facility, or any other person in a position with the facility from
which the person may influence the installation and operation of
the facility has been involved in any prior activity involving
transportation, treatment, storage, or disposal of hazardous
waste, that person has a history of compliance with this chapter
and Chapters 3704. and 6111. of the Revised Code and all rules and
standards adopted under them, the "Resource Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended, and all regulations adopted under it, and similar laws
and rules of other states if any such prior operation was located
in another state that demonstrates sufficient reliability,
expertise, and competency to operate a hazardous waste facility
under the applicable provisions of this chapter and Chapters 3704.
and 6111. of the Revised Code, the applicable rules and standards
adopted under them, and terms and conditions of a hazardous waste
facility installation and operation permit, given the potential
for harm to the public health and safety and the environment that
could result from the irresponsible operation of the facility. For
off-site facilities, as defined in section 3734.41 of the Revised
Code, the director may use the investigative reports of the
attorney general prepared pursuant to section 3734.42 of the
Revised Code as a basis for making a finding and determination
under division (D)(2)(f) of this section.
(g) That the active areas within a new hazardous waste
facility where acute hazardous waste as listed in 40 C.F.R. 261.33
(e), as amended, or organic waste that is toxic and is listed
under 40 C.F.R. 261, as amended, is being stored, treated, or
disposed of and where the aggregate of the storage design capacity
and the disposal design capacity of all hazardous waste in those
areas is greater than two hundred fifty thousand gallons, are not
located or operated within any of the following:
(i) Two thousand feet of any residence, school, hospital,
jail, or prison;
(ii) Any naturally occurring wetland;
(iii) Any flood hazard area if the applicant cannot show that
the facility will be designed, constructed, operated, and
maintained to prevent washout by a one-hundred-year flood.
Division (D)(2)(g) of this section does not apply to the
facility of any applicant who demonstrates to the director that
the limitations specified in that division are not necessary
because of the nature or volume of the waste and the manner of
management applied, the facility will impose no substantial danger
to the health and safety of persons occupying the structures
listed in division (D)(2)(g)(i) of this section, and the facility
is to be located or operated in an area where the proposed
hazardous waste activities will not be incompatible with existing
land uses in the area.
(h) That the facility will not be located within the
boundaries of a state park established or dedicated under Chapter
1541. of the Revised Code, a state park purchase area established
under section 1541.02 of the Revised Code, any unit of the
national park system, or any property that lies within the
boundaries of a national park or recreation area, but that has not
been acquired or is not administered by the secretary of the
United States department of the interior, located in this state,
or any candidate area located in this state identified for
potential inclusion in the national park system in the edition of
the "national park system plan" submitted under paragraph (b) of
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16
U.S.C.A. 1a-5, as amended, current at the time of filing of the
application for the permit, unless the facility will be used
exclusively for the storage of hazardous waste generated within
the park or recreation area in conjunction with the operation of
the park or recreation area. Division (D)(2)(h) of this section
does not apply to the facility of any applicant for modification
of a permit unless the modification application proposes to
increase the land area included in the facility or to increase the
quantity of hazardous waste that will be treated, stored, or
disposed of at the facility.
(3) Not later than one hundred eighty days after the end of
the public comment period, the director, without prior hearing,
shall issue or deny the permit in accordance with Chapter 3745. of
the Revised Code. If the director approves an application for a
hazardous waste facility installation and operation permit, the
director shall issue the permit, upon such terms and conditions as
the director finds are necessary to ensure the construction and
operation of the hazardous waste facility in accordance with the
standards of this section.
(E) No political subdivision of this state shall require any
additional zoning or other approval, consent, permit, certificate,
or condition for the construction or operation of a hazardous
waste facility authorized by a hazardous waste facility
installation and operation permit issued pursuant to this chapter,
nor shall any political subdivision adopt or enforce any law,
ordinance, or rule that in any way alters, impairs, or limits the
authority granted in the permit.
(F) The director may issue a single hazardous waste facility
installation and operation permit to a person who operates two or
more adjoining facilities where hazardous waste is stored,
treated, or disposed of if the application includes detail plans,
specifications, and information on all facilities. For the
purposes of this section, "adjoining" means sharing a common
boundary, separated only by a public road, or in such proximity
that the director determines that the issuance of a single permit
will not create a hazard to the public health or safety or the
environment.
(G) No person shall falsify or fail to keep or submit any
plans, specifications, data, reports, records, manifests, or other
information required to be kept or submitted to the director by
this chapter or the rules adopted under it.
(H)(1) Each person who holds an installation and operation
permit issued under this section and who wishes to obtain a permit
renewal shall submit a completed application for an installation
and operation permit renewal and any necessary accompanying
general plans, detail plans, specifications, and such information
as the director may require to the director no later than one
hundred eighty days prior to the expiration date of the existing
permit or upon a later date prior to the expiration of the
existing permit if the permittee can demonstrate good cause for
the late submittal. The director shall consider the application
and accompanying information, inspection reports of the facility,
results of performance tests, a report regarding the facility's
compliance or noncompliance with the terms and conditions of its
permit and rules adopted by the director under this chapter, and
such other information as is relevant to the operation of the
facility and shall issue a draft renewal permit or a notice of
intent to deny the renewal permit. The director, in accordance
with rules adopted under this section or with rules adopted to
implement Chapter 3745. of the Revised Code, shall give public
notice of the application and draft renewal permit or notice of
intent to deny the renewal permit, provide for the opportunity for
public comments within a specified time period, schedule a public
meeting in the county in which the facility is located if
significant interest is shown, and give public notice of the
public meeting.
(2) Within sixty days after the public meeting or close of
the public comment period, the director, without prior hearing,
shall issue or deny the renewal permit in accordance with Chapter
3745. of the Revised Code. The director shall not issue a renewal
permit unless the director determines that the facility under the
existing permit has a history of compliance with this chapter,
rules adopted under it, the existing permit, or orders entered to
enforce such requirements that demonstrates sufficient
reliability, expertise, and competency to operate the facility
henceforth under this chapter, rules adopted under it, and the
renewal permit. If the director approves an application for a
renewal permit, the director shall issue the permit subject to the
payment of the annual permit fee required under division (E) of
section 3734.02 of the Revised Code and upon such terms and
conditions as the director finds are reasonable to ensure that
continued operation, maintenance, closure, and post-closure care
of the hazardous waste facility are in accordance with the rules
adopted under section 3734.12 of the Revised Code.
(3) An installation and operation permit renewal application
submitted to the director that also contains or would constitute
an application for a modification shall be acted upon by the
director in accordance with division (I) of this section in the
same manner as an application for a modification. In approving or
disapproving the renewal portion of a permit renewal application
containing an application for a modification, the director shall
apply the criteria established under division (H)(2) of this
section.
(4) An application for renewal or modification of a permit
that does not contain an application for a modification as
described in divisions (I)(3)(a) to (d) of this section shall not
be subject to division (D)(2) of this section.
(I)(1) As used in this section, "modification" means a change
or alteration to a hazardous waste facility or its operations that
is inconsistent with or not authorized by its existing permit or
authorization to operate. Modifications shall be classified as
Class 1, 2, or 3 modifications in accordance with rules adopted
under division (K) of this section. Modifications classified as
Class 3 modifications, in accordance with rules adopted under that
division, shall be further classified by the director as either
Class 3 modifications that are to be approved or disapproved by
the director under divisions (I)(3)(a) to (d) of this section or
as Class 3 modifications that are to be approved or disapproved by
the director under division (I)(5) of this section. Not later than
thirty days after receiving a request for a modification under
division (I)(4) of this section that is not listed in Appendix I
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this
section, the director shall classify the modification and shall
notify the owner or operator of the facility requesting the
modification of the classification. Notwithstanding any other law
to the contrary, a modification that involves the transfer of a
hazardous waste facility installation and operation permit to a
new owner or operator for any off-site facility as defined in
section 3734.41 of the Revised Code shall be classified as a Class
3 modification. The transfer of a hazardous waste facility
installation and operation permit to a new owner or operator for a
facility that is not an off-site facility shall be classified as a
Class 1 modification requiring prior approval of the director.
(2) Except as provided in section 3734.123 of the Revised
Code, a hazardous waste facility installation and operation permit
may be modified at the request of the director or upon the written
request of the permittee only if any of the following applies:
(a) The permittee desires to accomplish alterations,
additions, or deletions to the permitted facility or to undertake
alterations, additions, deletions, or activities that are
inconsistent with or not authorized by the existing permit;
(b) New information or data justify permit conditions in
addition to or different from those in the existing permit;
(c) The standards, criteria, or rules upon which the existing
permit is based have been changed by new, amended, or rescinded
standards, criteria, or rules, or by judicial decision after the
existing permit was issued, and the change justifies permit
conditions in addition to or different from those in the existing
permit;
(d) The permittee proposes to transfer the permit to another
person.
(3) The director shall approve or disapprove an application
for a modification in accordance with division (D)(2) of this
section and rules adopted under division (K) of this section for
all of the following categories of Class 3 modifications:
(a) Authority to conduct treatment, storage, or disposal at a
site, location, or tract of land that has not been authorized for
the proposed category of treatment, storage, or disposal activity
by the facility's permit;
(b) Modification or addition of a hazardous waste management
unit, as defined in rules adopted under section 3734.12 of the
Revised Code, that results in an increase in a facility's storage
capacity of more than twenty-five per cent over the capacity
authorized by the facility's permit, an increase in a facility's
treatment rate of more than twenty-five per cent over the rate so
authorized, or an increase in a facility's disposal capacity over
the capacity so authorized. The authorized disposal capacity for a
facility shall be calculated from the approved design plans for
the disposal units at that facility. In no case during a five-year
period shall a facility's storage capacity or treatment rate be
modified to increase by more than twenty-five per cent in the
aggregate without the director's approval in accordance with
division (D)(2) of this section. Notwithstanding any provision of
division (I) of this section to the contrary, a request for
modification of a facility's annual total waste receipt limit
shall be classified and approved or disapproved by the director
under division (I)(5) of this section.
(c) Authority to add any of the following categories of
regulated activities not previously authorized at a facility by
the facility's permit: storage at a facility not previously
authorized to store hazardous waste, treatment at a facility not
previously authorized to treat hazardous waste, or disposal at a
facility not previously authorized to dispose of hazardous waste;
or authority to add a category of hazardous waste management unit
not previously authorized at the facility by the facility's
permit. Notwithstanding any provision of division (I) of this
section to the contrary, a request for authority to add or to
modify an activity or a hazardous waste management unit for the
purposes of performing a corrective action shall be classified and
approved or disapproved by the director under division (I)(5) of
this section.
(d) Authority to treat, store, or dispose of waste types
listed or characterized as reactive or explosive, in rules adopted
under section 3734.12 of the Revised Code, or any acute hazardous
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not
previously authorized to treat, store, or dispose of those types
of wastes by the facility's permit unless the requested authority
is limited to wastes that no longer exhibit characteristics
meeting the criteria for listing or characterization as reactive
or explosive wastes, or for listing as acute hazardous waste, but
still are required to carry those waste codes as established in
rules adopted under section 3734.12 of the Revised Code because of
the requirements established in 40 C.F.R. 261(a) and (e), as
amended, that is, the "mixture," "derived-from," or "contained-in"
regulations.
(4) A written request for a modification from the permittee
shall be submitted to the director and shall contain such
information as is necessary to support the request. Requests for
modifications shall be acted upon by the director in accordance
with this section and rules adopted under it.
(5) Class 1 modification applications that require prior
approval of the director, as provided in division (I)(1) of this
section or as determined in accordance with rules adopted under
division (K) of this section, Class 2 modification applications,
and Class 3 modification applications that are not described in
divisions (I)(3)(a) to (d) of this section shall be approved or
disapproved by the director in accordance with rules adopted under
division (K) of this section. The board of county commissioners of
the county, the board of township trustees of the township, and
the city manager or mayor of the municipal corporation in which a
hazardous waste facility is located shall receive notification of
any application for a modification for that facility and shall be
considered as interested persons with respect to the director's
consideration of the application.
As used in division (I) of this section:
(a) "Owner" means the person who owns a majority or
controlling interest in a facility.
(b) "Operator" means the person who is responsible for the
overall operation of a facility.
The director shall approve or disapprove an application for a
Class 1 modification that requires the director's approval within
sixty days after receiving the request for modification. The
director shall approve or disapprove an application for a Class 2
modification within three hundred days after receiving the request
for modification. The director shall approve or disapprove an
application for a Class 3 modification within three hundred
sixty-five days after receiving the request for modification.
(6) The approval or disapproval by the director of a Class 1
modification application is not a final action that is appealable
under Chapter 3745. of the Revised Code. The approval or
disapproval by the director of a Class 2 modification or a Class 3
modification is a final action that is appealable under that
chapter. In approving or disapproving a request for a
modification, the director shall consider all comments pertaining
to the request that are received during the public comment period
and the public meetings. The administrative record for appeal of a
final action by the director in approving or disapproving a
request for a modification shall include all comments received
during the public comment period relating to the request for
modification, written materials submitted at the public meetings
relating to the request, and any other documents related to the
director's action.
(7) Notwithstanding any other provision of law to the
contrary, a change or alteration to a hazardous waste facility
described in division (E)(3)(a) or (b) of section 3734.02 of the
Revised Code, or its operations, is a modification for the
purposes of this section. An application for a modification at
such a facility shall be submitted, classified, and approved or
disapproved in accordance with divisions (I)(1) to (6) of this
section in the same manner as a modification to a hazardous waste
facility installation and operation permit.
(J)(1) Except as provided in division (J)(2) of this section,
an owner or operator of a hazardous waste facility that is
operating in accordance with a permit by rule under rules adopted
by the director under division (E)(3)(b) of section 3734.02 of the
Revised Code shall submit either a hazardous waste facility
installation and operation permit application for the facility or
a modification application, whichever is required under division
(J)(1)(a) or (b) of this section, within one hundred eighty days
after the director has requested the application or upon a later
date if the owner or operator demonstrates to the director good
cause for the late submittal.
(a) If the owner or operator does not have a hazardous waste
facility installation and operation permit for any hazardous waste
treatment, storage, or disposal activities at the facility, the
owner or operator shall submit an application for such a permit to
the director for the activities authorized by the permit by rule.
Notwithstanding any other provision of law to the contrary, the
director shall approve or disapprove the application for the
permit in accordance with the procedures governing the approval or
disapproval of permit renewals under division (H) of this section.
(b) If the owner or operator has a hazardous waste facility
installation and operation permit for hazardous waste treatment,
storage, or disposal activities at the facility other than those
authorized by the permit by rule, the owner or operator shall
submit to the director a request for modification in accordance
with division (I) of this section. Notwithstanding any other
provision of law to the contrary, the director shall approve or
disapprove the modification application in accordance with
division (I)(5) of this section.
(2) The owner or operator of a boiler or industrial furnace
that is conducting thermal treatment activities in accordance with
a permit by rule under rules adopted by the director under
division (E)(3)(b) of section 3734.02 of the Revised Code shall
submit a hazardous waste facility installation and operation
permit application if the owner or operator does not have such a
permit for any hazardous waste treatment, storage, or disposal
activities at the facility or, if the owner or operator has such a
permit for hazardous waste treatment, storage, or disposal
activities at the facility other than thermal treatment activities
authorized by the permit by rule, a modification application to
add those activities authorized by the permit by rule, whichever
is applicable, within one hundred eighty days after the director
has requested the submission of the application or upon a later
date if the owner or operator demonstrates to the director good
cause for the late submittal. The application shall be accompanied
by information necessary to support the request. The director
shall approve or disapprove an application for a hazardous waste
facility installation and operation permit in accordance with
division (D) of this section and approve or disapprove an
application for a modification in accordance with division (I)(3)
of this section, except that the director shall not disapprove an
application for the thermal treatment activities on the basis of
the criteria set forth in division (D)(2)(g) or (h) of this
section.
(3) As used in division (J) of this section:
(a) "Modification application" means a request for a
modification submitted in accordance with division (I) of this
section.
(b) "Thermal treatment," "boiler," and "industrial furnace"
have the same meanings as in rules adopted under section 3734.12
of the Revised Code.
(K) The director shall adopt, and may amend, suspend, or
rescind, rules in accordance with Chapter 119. of the Revised Code
in order to implement divisions (H) and (I) of this section.
Except when in actual conflict with this section, rules governing
the classification of and procedures for the modification of
hazardous waste facility installation and operation permits shall
be substantively and procedurally identical to the regulations
governing hazardous waste facility permitting and permit
modifications adopted under the "Resource Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended.
Sec. 3734.06. (A)(1) Except as provided in division
divisions (A)(2), (3), and (4), and (5) of this section and in
section 3734.82 of the Revised Code, the annual fee for a solid
waste facility license shall be in accordance with the following
schedule:
|
AUTHORIZED MAXIMUM |
|
ANNUAL |
|
|
|
|
DAILY WASTE |
|
LICENSE |
|
|
|
|
RECEIPT (TONS) |
|
FEE |
|
|
|
|
100 or less |
|
$ 5,000 |
|
|
|
|
101 to 200 |
|
12,500 |
|
|
|
|
201 to 500 |
|
30,000 |
|
|
|
|
501 or more |
|
60,000 |
|
|
|
For the purpose of determining the applicable license fee
under divisions (A)(1) and, (2), and (3) of this section, the
authorized maximum daily waste receipt shall be the maximum amount
of wastes the facility is authorized to receive daily that is
established in the permit for the facility, and any modifications
to that permit, issued under division (A)(2) or (3) of section
3734.05 of the Revised Code; the annual license for the facility,
and any revisions to that license, issued under division (A)(1) of
section 3734.05 of the Revised Code; the approved operating plan
or operational report for which submission and approval are
required by rules adopted by the director of environmental
protection under section 3734.02 of the Revised Code; an order
issued by the director as authorized by rule; or the updated
engineering plans, specifications, and facility and operation
information approved under division (A)(4) of section 3734.05 of
the Revised Code. If no authorized maximum daily waste receipt is
so established, the annual license fee is sixty thousand dollars
under division (A)(1) of this section and thirty thousand dollars
under division divisions (A)(2) and (3) of this section.
The authorized maximum daily waste receipt set forth in any
such document shall be stated in terms of cubic yards of volume
for the purpose of regulating the design, construction, and
operation of a solid waste facility. For the purpose of
determining applicable license fees under this section, the
authorized maximum daily waste receipt so stated shall be
converted from cubic yards to tons as the unit of measurement
based upon a conversion factor of three cubic yards per ton for
compacted wastes generally and one cubic yard per ton for baled
wastes.
(2) The annual license fee for a facility that is an
incinerator facility is one-half the amount shown in division
(A)(1) of this section. When a municipal corporation, county, or
township owns and operates more than one incinerator within its
boundaries, the municipal corporation, county, or township shall
pay one fee for the licenses for all of its incinerators. The fee
shall be determined on the basis of the aggregate maximum daily
waste receipt for all the incinerators owned and operated by the
municipal corporation, county, or township in an amount that is
one-half the amount shown in division (A)(1) of this section.
(3) The annual fee for a solid waste compost facility license
shall be in accordance with the following schedule:
|
AUTHORIZED MAXIMUM |
|
ANNUAL |
|
|
|
|
DAILY WASTE |
|
LICENSE |
|
|
|
|
RECEIPT (TONS) |
|
FEE |
|
|
|
|
12 or less |
|
$ 300 |
|
|
|
|
13 to 25 |
|
600 |
|
|
|
|
26 to 50 |
|
1,200 |
|
|
|
|
51 to 75 |
|
1,800 |
|
|
|
|
76 to 100 |
|
2,500 |
|
|
|
|
101 to 200 150 |
|
6,250 3,750 |
|
|
|
|
151 to 200 |
|
5,000 |
|
|
|
|
201 to 500 250 |
|
15,000 6,250 |
|
|
|
|
251 to 300 |
|
7,500 |
|
|
|
|
301 to 400 |
|
10,000 |
|
|
|
|
401 to 500 |
|
12,500 |
|
|
|
|
501 or more |
|
30,000 |
|
|
|
(3)(4) The annual license fee for a solid waste facility,
regardless of its authorized maximum daily waste receipt, is five
thousand dollars for a facility meeting either of the following
qualifications:
(a) The facility is owned by a generator of solid wastes when
the solid waste facility exclusively disposes of solid wastes
generated at one or more premises owned by the generator
regardless of whether the facility is located on a premises where
the wastes are generated;.
(b) The facility exclusively disposes of wastes that are
generated from the combustion of coal, or from the combustion of
primarily coal in combination with scrap tires, that is not
combined in any way with garbage at one or more premises owned by
the generator.
(4)(5) The annual license fee for a facility that is a
transfer facility is seven hundred fifty dollars.
(5)(6) The same fees shall apply to private operators and to
the state and its political subdivisions and shall be paid within
thirty days after issuance of a license. The fee includes the cost
of licensing, all inspections, and other costs associated with the
administration of the solid waste provisions of this chapter and
rules adopted under them, excluding the provisions governing scrap
tires. Each such license shall specify that it is conditioned upon
payment of the applicable fee to the board of health or the
director, as appropriate, within thirty days after issuance of the
license.
(B) The board of health shall retain two thousand five
hundred dollars of each license fee collected by the board under
divisions (A)(1), (2), and (3), and (4) of this section or the
entire amount of any such fee that is less than two thousand five
hundred dollars. The moneys retained shall be paid into a special
fund, which is hereby created in each health district, and used
solely to administer and enforce the solid waste provisions of
this chapter and the rules adopted under them, excluding the
provisions governing scrap tires. The remainder of each license
fee collected by the board shall be transmitted to the director
within forty-five days after receipt of the fee. The director
shall transmit these moneys to the treasurer of state to be
credited to the general revenue fund. The board of health shall
retain the entire amount of each fee collected under division
(A)(4)(5) of this section, which moneys shall be paid into the
special fund of the health district.
(C)(1) Except as provided in divisions (C)(2) and (3) of this
section, the annual fee for an infectious waste treatment facility
license shall be in accordance with the following schedule:
|
AVERAGE |
|
ANNUAL |
|
|
|
|
DAILY WASTE |
|
LICENSE |
|
|
|
|
RECEIPT (TONS) |
|
FEE |
|
|
|
|
100 or less |
|
$ 5,000 |
|
|
|
|
101 to 200 |
|
12,500 |
|
|
|
|
201 to 500 |
|
30,000 |
|
|
|
|
501 or more |
|
60,000 |
|
|
|
For the purpose of determining the applicable license fee
under divisions (C)(1) and (2) of this section, the average daily
waste receipt shall be the average amount of infectious wastes the
facility is authorized to receive daily that is established in the
permit for the facility, and any modifications to that permit,
issued under division (B)(2)(b) or (d) of section 3734.05 of the
Revised Code; or the annual license for the facility, and any
revisions to that license, issued under division (B)(2)(a) of
section 3734.05 of the Revised Code. If no average daily waste
receipt is so established, the annual license fee is sixty
thousand dollars under division (C)(1) of this section and thirty
thousand dollars under division (C)(2) of this section.
(2) The annual license fee for an infectious waste treatment
facility that is an incinerator is one-half the amount shown in
division (C)(1) of this section.
(3) Fees levied under divisions (C)(1) and (2) of this
section shall apply to private operators and to the state and its
political subdivisions and shall be paid within thirty days after
issuance of a license. The fee includes the cost of licensing, all
inspections, and other costs associated with the administration of
the infectious waste provisions of this chapter and rules adopted
under them. Each such license shall specify that it is conditioned
upon payment of the applicable fee to the board of health or the
director, as appropriate, within thirty days after issuance of the
license.
(4) The board of health shall retain two thousand five
hundred dollars of each license fee collected by the board under
divisions (C)(1) and (2) of this section. The moneys retained
shall be paid into a special infectious waste fund, which is
hereby created in each health district, and used solely to
administer and enforce the infectious waste provisions of this
chapter and the rules adopted under them. The remainder of each
license fee collected by the board shall be transmitted to the
director within forty-five days after receipt of the fee. The
director shall transmit these moneys to the treasurer of state to
be credited to the general revenue fund.
Sec. 3734.18. (A) As used in this section:
(1) "On-site facility" means a facility that treats or
disposes of hazardous waste that is generated on the premises of
the facility.
(2) "Off-site facility" means a facility that treats or
disposes of hazardous waste that is generated off the premises of
the facility.
(3) "Satellite facility" means any of the following:
(a) An on-site facility that also receives hazardous waste
from other premises owned by the same person who generates the
waste on the facility premises;
(b) An off-site facility operated so that all of the
hazardous waste it receives is generated on one or more premises
owned by the person who owns the facility;
(c) An on-site facility that also receives hazardous waste
that is transported uninterruptedly and directly to the facility
through a pipeline from a generator who is not the owner of the
facility.
(B) A treatment or disposal facility that is subject to the
fees that are levied under this section may be both an on-site
facility and an off-site facility. The determination of whether an
on-site facility fee or an off-site facility fee is to be paid for
a hazardous waste that is treated or disposed of at the facility
shall be based on whether that hazardous waste was generated on or
off the premises of the facility.
(C) There are hereby levied fees on the disposal of hazardous
waste to be collected according to the following schedule at each
disposal facility to which a hazardous waste facility installation
and operation permit or renewal of a permit has been issued under
this chapter or that is operating in accordance with a permit by
rule under rules adopted by the director of environmental
protection:
(1) For disposal facilities that are off-site facilities,
fees shall be levied at the rate of four dollars and fifty cents
per ton for hazardous waste disposed of by deep well injection and
nine dollars per ton for hazardous waste disposed of by land
application or landfilling. The owner or operator of the facility,
as a trustee for the state, shall collect the fees and forward
them to the director in accordance with rules adopted under this
section.
(2) For disposal facilities that are on-site or satellite
facilities, fees shall be levied at the rate of two dollars per
ton for hazardous waste disposed of by deep well injection and
four dollars per ton for hazardous waste disposed of by land
application or landfilling. The maximum annual disposal fee for an
on-site disposal facility that disposes of one hundred thousand
tons or less of hazardous waste in a year is twenty-five thousand
dollars. The maximum annual disposal fee for an on-site facility
that disposes of more than one hundred thousand tons of hazardous
waste in a year by land application or landfilling is fifty
thousand dollars, and the maximum annual fee for an on-site
facility that disposes of more than one hundred thousand tons of
hazardous waste in a year by deep well injection is one hundred
thousand dollars. The maximum annual disposal fee for a satellite
facility that disposes of one hundred thousand tons or less of
hazardous waste in a year is thirty-seven thousand five hundred
dollars, and the maximum annual disposal fee for a satellite
facility that disposes of more than one hundred thousand tons of
hazardous waste in a year is seventy-five thousand dollars, except
that a satellite facility defined under division (A)(3)(b) of this
section that receives hazardous waste from a single generation
site is subject to the same maximum annual disposal fees as an
on-site disposal facility. The owner or operator shall pay the fee
to the director each year upon the anniversary of the date of
issuance of the owner's or operator's installation and operation
permit during the term of that permit and any renewal permit
issued under division (H) of section 3734.05 of the Revised Code
or on the anniversary of the date of a permit by rule. If payment
is late, the owner or operator shall pay an additional ten per
cent of the amount of the fee for each month that it is late.
(D) There are hereby levied fees at the rate of two dollars
per ton on hazardous waste that is treated at treatment facilities
that are not on-site or satellite facilities to which a hazardous
waste facility installation and operation permit or renewal of a
permit has been issued under this chapter, whose owner or operator
is operating in accordance with a permit by rule under rules
adopted by the director, or that are not subject to the hazardous
waste facility installation and operation permit requirements
under rules adopted by the director.
(E) There are hereby levied additional fees on the treatment
and disposal of hazardous waste at the rate of ten per cent of the
applicable fees prescribed in division (C) or (D) of this section
for the purposes of paying the costs of municipal corporations and
counties for conducting reviews of applications for hazardous
waste facility installation and operation permits for proposed new
or modified hazardous waste landfills within their boundaries,
emergency response actions with respect to releases of hazardous
waste from hazardous waste facilities within their boundaries,
monitoring the operation of such hazardous waste facilities, and
local waste management planning programs. The owner or operator of
a facility located within a municipal corporation, as a trustee
for the municipal corporation, shall collect the fees levied by
this division and forward them to the treasurer of the municipal
corporation or such officer as, by virtue of the charter, has the
duties of the treasurer in accordance with rules adopted under
this section. The owner or operator of a facility located in an
unincorporated area, as a trustee of the county in which the
facility is located, shall collect the fees levied by this
division and forward them to the county treasurer of that county
in accordance with rules adopted under this section. The owner or
operator shall pay the fees levied by this division to the
treasurer or such other officer of the municipal corporation or to
the county treasurer each year upon the anniversary of the date of
issuance of the owner's or operator's installation and operation
permit during the term of that permit and any renewal permit
issued under division (H) of section 3734.05 of the Revised Code
or on the anniversary of the date of a permit by rule or the date
on which the facility became exempt from hazardous waste facility
installation and operation permit requirements under rules adopted
by the director. If payment is late, the owner or operator shall
pay an additional ten per cent of the amount of the fee for each
month that the payment is late.
Moneys received by a municipal corporation under this
division shall be paid into a special fund of the municipal
corporation and used exclusively for the purposes of conducting
reviews of applications for hazardous waste facility installation
and operation permits for new or modified hazardous waste
landfills located or proposed within the municipal corporation,
conducting emergency response actions with respect to releases of
hazardous waste from facilities located within the municipal
corporation, monitoring operation of such hazardous waste
facilities, and conducting waste management planning programs
within the municipal corporation through employees of the
municipal corporation or pursuant to contracts entered into with
persons or political subdivisions. Moneys received by a board of
county commissioners under this division shall be paid into a
special fund of the county and used exclusively for those purposes
within the unincorporated area of the county through employees of
the county or pursuant to contracts entered into with persons or
political subdivisions.
(F) As used in this section, "treatment" or "treated" does
not include any method, technique, or process designed to recover
energy or material resources from the waste or to render the waste
amenable for recovery. The fees levied by division (D) of this
section do not apply to hazardous waste that is treated and
disposed of on the same premises or by the same person.
(G) The director, by rules adopted in accordance with
Chapters 119. and 3745. of the Revised Code, shall prescribe any
dates not specified in this section and procedures for collecting
and forwarding the fees prescribed by this section and may
prescribe other requirements that are necessary to carry out this
section.
The director shall deposit the moneys collected under
divisions (C) and (D) of this section into one or more minority
banks, as "minority bank" is defined in division (F)(1) of section
135.04 of the Revised Code, to the credit of the hazardous waste
facility management fund, which is hereby created in the state
treasury, except that the director shall deposit to the credit of
the underground injection control fund created in section 6111.046
of the Revised Code moneys in excess of fifty thousand dollars
that are collected during a fiscal year under division (C)(2) of
this section from the fee levied on the disposal of hazardous
waste by deep well injection at an on-site disposal facility that
disposes of more than one hundred thousand tons of hazardous waste
in a year.
The environmental protection agency may use moneys in the
hazardous waste facility management fund for administration of the
hazardous waste program established under this chapter and, in
accordance with this section, may request approval by the
controlling board on an annual basis for that use on an annual
basis. In addition, the agency may use and pledge moneys in that
fund for repayment of and for interest on any loans made by the
Ohio water development authority to the agency for the hazardous
waste program established under this chapter without the necessity
of requesting approval by the controlling board, which use and
pledge shall have priority over any other use of the moneys in the
fund and for the purposes specified in sections 3734.19 to 3734.27
of the Revised Code.
Until September 28, 1996, the director also may use moneys in
the fund to pay the start-up costs of administering Chapter 3746.
of the Revised Code.
If moneys in the fund that the agency uses in accordance with
this chapter are reimbursed by grants or other moneys from the
United States government, the grants or other moneys shall be
placed in the fund.
Before the agency makes any expenditure from the fund other
than for repayment of and interest on any loan made by the Ohio
water development authority to the agency in accordance with this
section, the controlling board shall approve the expenditure.
Sec. 3734.19. (A) If the legislative or executive authority
of a municipal corporation, county, or township has evidence to
indicate that locations within its boundaries once served as
hazardous waste facilities or that significant quantities of
hazardous waste were disposed of in solid waste facilities within
its boundaries, it may file a formal written request with the
director of environmental protection, accompanied by supporting
evidence, to survey the locations or facilities.
Upon receipt of a request and a review of the evidence
submitted with the request, the director shall conduct an
investigation to determine if hazardous waste was actually
treated, stored, or disposed of at the locations or facilities
and, if so, to determine the nature and approximate quantity and
types of the waste treated, stored, or disposed of at the
particular locations or facilities. In addition, the director
shall determine whether the locations or facilities, because of
their present condition and the nature and quantities of waste
treated, stored, or disposed of therein, result or are likely to
result in air pollution, pollution of the waters of the state, or
soil contamination or constitute a present or imminent and
substantial threat to public health or safety. The director shall
report the findings of
his the investigation to the municipal
corporation, county, or township requesting the survey.
For the purpose of conducting investigations under this
section, the director or his the director's authorized
representative may enter upon any public or private property. The
director or his the director's authorized representative may apply
for, and any judge of a court of common pleas shall issue, an
appropriate search warrant necessary to achieve the purposes of
this section within the court's territorial jurisdiction. When
conducting investigations under this section, the director shall
cause no unnecessary damage to any property. The director may
expend moneys from the hazardous waste facility management fund
created in section 3734.18 of the Revised Code, the hazardous
waste clean-up fund created in section 3734.28 of the Revised
Code, or the environmental protection remediation fund created in
section 3734.281 of the Revised Code for conducting
investigations.
(B) As used in this section and in sections 3734.20, 3734.21,
3734.23, 3734.25, and 3734.26 of the Revised Code, "soil
contamination" means the presence in or on the soil of any
hazardous waste or hazardous waste residue resulting from the
discharge, deposit, injection, dumping, spilling, leaking,
emitting, or placing into or on the soil of hazardous waste or
hazardous waste residue, or any material that when discharged,
deposited, injected, dumped, spilled, leaked, emitted, or placed
into or on the soil becomes a hazardous waste, in any quantity or
having any characteristics that are or threaten to be injurious to
public health or safety, plant or animal life, or the environment
or that unreasonably interfere with the comfortable enjoyment of
life or property.
Sec. 3734.20. (A) If the director of environmental
protection has reason to believe that hazardous waste was treated,
stored, or disposed of at any location within the state, the
director may conduct such investigations and make such inquiries,
including obtaining samples and examining and copying records, as
are reasonable or necessary to determine if conditions at a
hazardous waste facility, solid waste facility, or other location
where the director has reason to believe hazardous waste was
treated, stored, or disposed of constitute a substantial threat to
public health or safety or are causing or contributing to or
threatening to cause or contribute to air or water pollution or
soil contamination. The director or the director's authorized
representative may apply for, and any judge of a court of common
pleas shall issue, an appropriate search warrant necessary to
achieve the purposes of this section within the court's
territorial jurisdiction. The director may expend moneys from the
hazardous waste facility management fund created in section
3734.18 of the Revised Code, the hazardous waste clean-up fund
created in section 3734.28 of the Revised Code, or the
environmental protection remediation fund created in section
3734.281 of the Revised Code for conducting investigations under
this section.
(B) If the director determines that conditions at a hazardous
waste facility, solid waste facility, or other location where
hazardous waste was treated, stored, or disposed of constitute a
substantial threat to public health or safety or are causing or
contributing to or threatening to cause or contribute to air or
water pollution or soil contamination, the director shall initiate
appropriate action under this chapter or Chapter 3704. or 6111. of
the Revised Code or seek any other appropriate legal or equitable
remedies to abate the pollution or contamination or to protect
public health or safety.
If an order of the director to abate or prevent air or water
pollution or soil contamination or to remedy a threat to public
health or safety caused by conditions at such a facility issued
pursuant to this chapter or Chapter 3704. or 6111. of the Revised
Code is not wholly complied with within the time prescribed in the
order, the director may, through officers or employees of the
environmental protection agency or through contractors employed
for that purpose in accordance with the bidding procedure
established in division (C) of section 3734.23 of the Revised
Code, enter upon the facility and perform those measures necessary
to abate or prevent air or water pollution or soil contamination
from the facility or to protect public health or safety,
including, but not limited to, measures prescribed in division (B)
of section 3734.23 of the Revised Code. The director shall keep an
itemized record of the cost of the investigation and measures
performed, including costs for labor, materials, and any contract
services required. Upon completion of the investigation or
measures, the director shall record the cost of performing those
measures at the office of the county recorder of the county in
which the facility is located. The cost so recorded constitutes a
lien against the property on which the facility is located until
discharged. Upon written request of the director, the attorney
general shall institute a civil action to recover the cost. Any
moneys so received shall be credited to the hazardous waste
facility management fund, the hazardous waste clean-up fund, or
the environmental protection remediation fund, as applicable.
When entering upon a facility under this division, the
director shall perform or cause to be performed only those
measures necessary to abate or prevent air or water pollution or
soil contamination caused by conditions at the facility or to
abate threats to public health or safety caused by conditions at
the facility. For this purpose the director may expend moneys from
either the hazardous waste facility management fund, the hazardous
waste clean-up fund, or the environmental protection remediation
fund and may expend moneys from loans from the Ohio water
development authority to the environmental protection agency that
pledge moneys from either the hazardous waste facility management
fund, the hazardous waste clean-up fund, or the environmental
protection remediation fund for the repayment of and for the
interest on such loans.
Sec. 3734.21. (A) The director of environmental protection
may expend moneys credited to the hazardous waste facility
management fund created in section 3734.18 of the Revised Code,
the hazardous waste clean-up fund created in section 3734.28 of
the Revised Code, or the environmental protection remediation fund
created in section 3734.281 of the Revised Code for the payment of
the cost of measures necessary for the proper closure of hazardous
waste facilities or any solid waste facilities containing
significant quantities of hazardous waste, for the payment of
costs of the development and construction of suitable hazardous
waste facilities required by division (B) of section 3734.23 of
the Revised Code to the extent the director determines that such
facilities are not available, and for the payment of costs that
are necessary to abate conditions thereon that are causing or
contributing to or threatening to cause or contribute to air or
water pollution or soil contamination or that constitute a
substantial threat to public health or safety. In addition, the
director may expend and pledge moneys credited to either the
hazardous waste facility management fund, the hazardous waste
clean-up fund, or the environmental protection remediation fund
for repayment of and for interest on any loan made by the Ohio
water development authority to the environmental protection agency
for the payment of such costs.
(B) Before beginning to clean up any facility under this
section, the director shall develop a plan for the cleanup and an
estimate of the cost thereof. The plan shall include only those
measures necessary to abate conditions thereon that are causing or
contributing to or threatening to cause or contribute to air or
water pollution or soil contamination or that constitute a
substantial threat to public health or safety, including, but not
limited to, establishment and maintenance of an adequate cover of
soil and vegetation on any facility for the burial of hazardous
waste to prevent the infiltration of water into cells where
hazardous waste is buried, the accumulation or runoff of
contaminated surface water, the production of leachate, and air
emissions of hazardous waste; the collection and treatment of
contaminated surface water runoff; the collection and treatment of
leachate; or, if conditions so require, the removal of hazardous
waste from the facility and the treatment or disposal of the waste
at a suitable hazardous waste facility. The plan or any part of
the plan for the cleanup of the facility shall be carried out by
entering into contracts therefor in accordance with the procedures
established in division (C) of section 3734.23 of the Revised
Code.
Sec. 3734.22. Before beginning to clean up any facility
under section 3734.21 of the Revised Code, the director of
environmental protection shall endeavor to enter into an agreement
with the owner of the land on which the facility is located, or
with the owner of the facility, specifying the measures to be
performed and authorizing the director, employees of the agency,
or contractors retained by the director to enter upon the land and
perform the specified measures.
Each agreement may contain provisions for the reimbursement
of the state for the costs of the cleanup.
All reimbursements and payments shall be credited to the
hazardous waste facility management fund created in section
3734.18 of the Revised Code, the hazardous waste clean-up fund
created in section 3734.28 of the Revised Code, or the
environmental protection remediation fund created in section
3734.281 of the Revised Code, as applicable.
The agreement may require the owner to execute an easement
whereby the director, an authorized employee of the agency, or a
contractor employed by the agency in accordance with the bidding
procedure established in division (C) of section 3734.23 of the
Revised Code may enter upon the facility to sample, repair, or
reconstruct air and water quality monitoring equipment constructed
under the agreement. Such easements shall be for a specified
period of years and may be extinguished by agreement between the
owner and the director. When necessary to protect the public
health or safety, the agreement may require the owner to enter
into an environmental covenant with the director in accordance
with sections 5301.80 to 5301.92 of the Revised Code.
Upon a breach of the reimbursement provisions of the
agreement by the owner of the land or facility, or upon
notification to the director by the owner that the owner is unable
to perform the duties under the reimbursement provisions of the
agreement, the director may record the unreimbursed portion of the
costs of cleanup at the office of the county recorder of the
county in which the facility is located. The costs so recorded
constitute a lien against the property on which the facility is
located until discharged. Upon written request of the director,
the attorney general shall institute a civil action to recover the
unreimbursed portion of the costs of cleanup. Any moneys so
recovered shall be credited to the hazardous waste facility
management fund, the hazardous waste clean-up fund, or the
environmental protection remediation fund, as applicable.
Sec. 3734.23. (A) The director of environmental protection
may acquire by purchase, gift, donation, contribution, or
appropriation in accordance with sections 163.01 to 163.21 of the
Revised Code any hazardous waste facility or any solid waste
facility containing significant quantities of hazardous waste
that, because of its condition and the types and quantities of
hazardous waste contained in the facility, constitutes an imminent
and substantial threat to public health or safety or results in
air pollution, pollution of the waters of the state, or soil
contamination. For this purpose and for the purposes of division
(B) of this section, the director may expend moneys from the
hazardous waste facility management fund created in section
3734.18 of the Revised Code, the hazardous waste clean-up fund
created in section 3734.28 of the Revised Code, or the
environmental protection remediation fund created in section
3734.281 of the Revised Code and may expend moneys from loans from
the Ohio water development authority to the environmental
protection agency that pledge moneys from either the hazardous
waste facility management fund, the hazardous waste clean-up fund,
or the environmental protection remediation fund for the repayment
of and for the interest on such loans. Any lands or facilities
purchased or acquired under this section shall be deeded to the
state, but no deed shall be accepted or the purchase price paid
until the title has been approved by the attorney general.
(B) The director shall, with respect to any land or facility
acquired under this section or cleaned up under section 3734.20 of
the Revised Code, perform closure or other measures necessary to
abate conditions thereon that are causing or contributing to or
threatening to cause or contribute to air or water pollution or
soil contamination or that constitute a substantial threat to
public health or safety, including, but not limited to,
establishment and maintenance of an adequate cover of soil and
vegetation on any facility for the burial of hazardous waste to
prevent the infiltration of water into cells where hazardous waste
is buried, the accumulation or runoff of contaminated surface
water, the production of leachate, and air emissions of hazardous
waste; the collection and treatment of contaminated surface water
runoff; the collection and treatment of leachate; or, if
conditions so require, the removal of hazardous waste from the
facility and the treatment or disposal of the waste at a suitable
hazardous waste facility. After performing these measures, the
director shall provide for the post-closure care, maintenance, and
monitoring of facilities cleaned up under this section.
(C) Before proceeding to clean up any facility under this
section or section 3734.20 or 3734.21 of the Revised Code, the
director shall develop a plan for the cleanup of the facility and
an estimate of the cost thereof. The director may carry out the
plan or any part of the plan by contracting for the services,
construction, and repair necessary therefor. The director shall
award each such contract to the lowest responsible bidder after
sealed bids therefor are received, opened, and published at the
time fixed by the director and notice of the time and place at
which the sealed bids will be received, opened, and published has
been published by the director in a newspaper of general
circulation in the county in which the facility to be cleaned up
under the contract is located at least once within the ten days
before the opening of the bids. However, if after advertising for
bids for the contract, no bids are received by the director at the
time and place fixed for receiving them, the director may
advertise again for bids, or the director may, if the director
considers the public interest will best be served thereby, enter
into a contract for the cleanup of the facility without further
advertisement for bids. The director may reject any or all bids
received and fix and publish again notice of the time and place at
which bids for the contracts will be received, opened, and
published.
(D) The director shall keep an itemized record of the costs
of any acquisition under division (A) of this section and the
costs of cleanup under division (B) of this section.
Sec. 3734.24. After the cleanup of a solid waste facility or
a hazardous waste facility acquired and cleaned up under section
3734.23 of the Revised Code, the director of environmental
protection may, if the facility is suitable for use by any other
state department, agency, office, or institution and if the
proposed use of the facility is compatible with the condition of
the facility as cleaned up, transfer the facility to that state
department, agency, office, or institution. The director shall
continue to provide for the post-closure care, maintenance, and
monitoring of any such cleaned-up facility as required by section
3734.23 of the Revised Code.
If the director determines that any facility so cleaned up is
suitable, because of its condition as cleaned up, for restricted
or unrestricted use, the director may, with the approval of the
attorney general, sell the facility if the sale is advantageous to
the state. Prior to selling the cleaned-up facility, the director
shall, when necessary to protect public health or safety, enter
into an environmental covenant in accordance with sections 5301.80
to 5301.92 of the Revised Code. When selling any such cleaned-up
facility, the director shall retain the right to enter upon the
facility, in person or by an authorized agent, to provide for the
post-closure care, maintenance, and monitoring of the facility.
The director shall provide for the post-closure care, maintenance,
and monitoring of any such facility sold as required by section
3734.23 of the Revised Code.
With the approval of the attorney general, the director may
grant easements or leases on any such cleaned-up facility if the
director determines that the use of the facility under the
easement or lease is compatible with its condition as cleaned up.
Any moneys derived from the sale of such cleaned-up
facilities or from payments from easements or leases shall be
credited to the hazardous waste facility management fund created
in section 3734.18 of the Revised Code, the hazardous waste
clean-up fund created in section 3734.28 of the Revised Code, or
the environmental protection remediation fund created in section
3734.281 of the Revised Code, as applicable.
Sec. 3734.25. (A) The director of environmental protection
may make grants of moneys from the hazardous waste facility
management fund created in section 3734.18 of the Revised Code or
the hazardous waste clean-up fund created in section 3734.28 of
the Revised Code for payment by the state of up to two-thirds of
the reasonable and necessary expenses incurred by a municipal
corporation, county, or township for the proper closure of or
abatement of air or water pollution or soil contamination from a
solid waste facility in which significant quantities of hazardous
waste were disposed of and that the political subdivision owns and
once operated.
(B) A municipal corporation, county, or township shall submit
an application for a grant on forms provided by the director,
together with detail plans and specifications indicating the
measures to be performed, an itemized estimate of the project's
cost, a description of the project's benefits, and such other
information as the director prescribes. The plan for closure or
abatement of air or water pollution or soil contamination may be
prepared in consultation with the director or the board of health
of the city or general health district in which the facility is
located. The director may award the applicant a grant only if the
director finds that the proposed measures will provide for the
proper closure of the facility and will abate or prevent air or
water pollution or soil contamination, including, but not limited
to, those measures necessary or desirable to:
(1) In the case of a facility at which land burial of
hazardous waste occurred, establish and maintain a suitable cover
of soil and vegetation over the cells in which waste is buried in
order to minimize erosion, the infiltration of surface water into
the cells, the production of leachate, and the accumulation or
runoff of contaminated surface waters and to prevent air emissions
of hazardous waste from the facility;
(2) Collect and treat contaminated surface water runoff from
the facility;
(3) Collect and treat leachate produced at the facility;
(4) Install test wells and other equipment or facilities to
monitor the quality of surface waters receiving runoff from the
facility or to monitor air emissions of hazardous waste from the
facility;
(5) Regularly monitor and analyze surface water runoff from
the facility, the quality of waters receiving the runoff, and
ground water quality in the vicinity of the facility, and
regularly monitor leachate collection and treatment systems
installed under the grant and analyze samples from them;
(6) Remove and dispose of hazardous waste from the facility
at a suitable hazardous waste disposal facility where necessary to
protect public health or safety or to prevent or abate air or
water pollution or soil contamination.
(C) The director shall determine the amount of the grant
based upon the director's determination of what constitutes
reasonable and necessary expenses for the proper closure of the
facility or for the prevention or elimination of air or water
pollution or soil contamination from the facility. In making a
grant, the director shall enter into a contract with the municipal
corporation, county, or township that owns the facility to ensure
that the moneys granted are used for the purposes of this section
and that measures performed are properly done. The final payment
under a grant may not be made until the director inspects and
approves the completed cleanup.
The contract shall require the municipal corporation, county,
or township to execute an easement whereby the director, an
authorized employee of the agency, or a contractor employed by the
director may enter upon the facility to sample, repair, or
reconstruct air and water quality monitoring equipment constructed
under the contract. Such easements shall be for a specified period
of years and may be extinguished by agreement between the
political subdivision and the director.
When necessary to protect public health or safety, the
contract may require the municipal corporation, county, or
township to enter into an environmental covenant with the director
in accordance with sections 5301.80 to 5301.92 of the Revised
Code.
Sec. 3734.26. (A) The director of environmental protection
may make grants of moneys from the hazardous waste facility
management fund created in section 3734.18 of the Revised Code or
the hazardous waste clean-up fund created in section 3734.28 of
the Revised Code to the owner, other than a political subdivision,
of a solid waste facility in which significant quantities of
hazardous waste were disposed of or a hazardous waste facility for
up to fifty per cent of the cost of the reasonable and necessary
expenses incurred for the proper closure of or abatement or
prevention of air or water pollution or soil contamination from
the facility and for developing the land on which it was located
for use in industry, commerce, distribution, or research.
The director shall not make grants to the owner of any land
on which such facilities are located if the owner at any time
owned or operated the facility located thereon for profit or in
conjunction with any profit-making enterprise located in this
state or to any person who at any time owned or operated a
facility concerning which the director has taken action under
section 3734.20, 3734.22, or 3734.23 of the Revised Code. However,
the director may make grants under this section to any subsequent
owner of the land, provided that the person has no affiliation
with any person who owned or operated the facility located on the
land for profit or in conjunction with any profit-making
enterprise located in this state or who owned or operated a
facility concerning which the director has taken action under
section 3734.20, 3734.22, or 3734.23 of the Revised Code.
(B) The owner shall submit an application for a grant on
forms furnished by the director, together with detail plans and
specifications for the measures to be performed to close the
facility properly or to abate or prevent air or water pollution or
soil contamination from the facility, an itemized estimate of the
project's cost, a description of the project's estimated benefits,
and such other information as the director prescribes. The plan
may be prepared in consultation with the director or with the
board of health of the city or general health district in which
the facility is located. The director may award the applicant a
grant only after finding that the proposed measures will provide
for the proper closure of the facility or will abate or prevent
air or water pollution or soil contamination from the facility,
including, but not limited to, those measures necessary or
desirable to:
(1) In the case of a facility for the land burial of
hazardous waste, establish and maintain a suitable cover of soil
and vegetation over the cells in which waste is buried in order to
minimize erosion, the infiltration of surface water into the
cells, the production of leachate, and the accumulation or runoff
of contaminated surface water and to prevent air emissions of
hazardous waste from the facility;
(2) Collect and treat contaminated surface water runoff from
the facility;
(3) Collect and treat leachate produced at the facility;
(4) Install test wells and other equipment or facilities to
monitor the quality of surface waters receiving runoff from the
facility or to monitor air emissions of hazardous waste from the
facility;
(5) Regularly monitor and analyze surface water runoff from
the facility, the quality of waters receiving the runoff, and
ground water quality in the vicinity of the facility, and
regularly monitor leachate collection and treatment systems
installed under the grant and analyze samples from them;
(6) Remove and dispose of hazardous waste from the facility
at a suitable hazardous waste disposal facility where necessary to
protect public health or safety or to abate or prevent air or
water pollution or soil contamination.
(C) The director shall determine the amount of the grant
based upon the director's determination of what constitutes
reasonable and necessary expenses for the proper closure of the
facility or for the abatement or prevention of air or water
pollution or soil contamination from the facility. The amount of
the grant shall not exceed one-half of the total, as determined by
the director, of what constitutes reasonable and necessary
expenses actually incurred for the proper closure of or abatement
or prevention of air or water pollution or soil contamination from
the facility.
In making a grant, the director shall enter into a contract
for funding with each applicant awarded a grant to ensure that the
moneys granted are used for the purpose of this section and that
the measures performed are properly performed. The final payment
under a grant may not be made until the director inspects and
approves the completed cleanup and the plans for developing the
land for use in industry, commerce, distribution, or research.
Each contract for funding shall contain provisions for the
reimbursement of the state of a portion of the costs of the
cleanup that is commensurate with the increase in the market value
of the property attributable to the cleanup thereon, as determined
by appraisals made before and after cleanup in the manner stated
in the contract. For reimbursement of that portion, the contract
may include provisions for:
(1) Payment to the state of the share of the income derived
from the productive use of the land;
(2) Imposition of a lien in the amount of the increase in
fair market value payable upon the transfer or conveyance to a new
owner;
(3) Waiver of all reimbursement if the determination
discloses an increase in value that is insubstantial in comparison
to the benefits to the public from the abatement of threats to
public health or safety or from the abatement or prevention of
pollution or contamination, considering the applicant's share of
the cleanup cost.
All reimbursements and payments shall be credited to the
hazardous waste facility management fund or the hazardous waste
clean-up fund created in section 3734.28 of the Revised Code, as
applicable.
(D) The contract shall require the owner to execute an
easement whereby the director, an authorized employee of the
agency, or a contractor employed by the agency may enter upon the
facility to sample, repair, or reconstruct air and water quality
monitoring equipment constructed under the contract. Such
easements shall be for a specified period of years and may be
extinguished by agreement between the owner and the director. When
necessary to protect the public health or safety, the contract may
require the owner to enter into an environmental covenant with the
director in accordance with sections 5301.80 to 5301.92 of the
Revised Code.
(E) As used in this section, "commerce" includes, but is not
limited to, agriculture, forestry, and housing.
Sec. 3734.27. Before making grants from the hazardous waste
facility management fund created in section 3734.18 of the Revised
Code or the hazardous waste clean-up fund created in section
3734.28 of the Revised Code, the director of environmental
protection shall consider each project application submitted by a
political subdivision under section 3734.25 of the Revised Code,
each application submitted by the owner of a facility under
section 3734.26 of the Revised Code, and each facility surveyed
under section 3734.19 of the Revised Code and, based upon the
feasibility, cost, and public benefits of restoring the particular
land and the availability of federal or other financial assistance
for restoration, establish priorities for awarding grants from the
fund.
Sec. 3734.28. Except as otherwise provided in section
sections 3734.281 and 3734.282 of the Revised Code, moneys
collected under sections 3734.122, 3734.13, 3734.20, 3734.22,
3734.24, and 3734.26 of the Revised Code and under the
"Comprehensive Environmental Response, Compensation, and Liability
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended,
including moneys recovered under division (B)(1) of this section,
shall be paid into the state treasury to the credit of the
hazardous waste clean-up fund, which is hereby created. In
addition, any moneys both of the following shall be credited to
the fund:
(A) Moneys recovered for costs paid from the fund for
activities described in divisions (A)(1) and (2) of section
3745.12 of the Revised Code shall be credited to the fund;
(B) Natural resource damage assessment costs recovered under
any of the following:
(1) The "Comprehensive Environmental Response, Compensation,
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et
seq., as amended;
(2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C.
2701, et seq., as amended;
(3) The Federal Water Pollution Control Act as defined in
section 6111.01 of the Revised Code;
(4) Any other applicable federal or state law.
The
The environmental protection agency shall use the moneys in
the fund for the purposes set forth in division (D) of section
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25,
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12,
and Chapter 3746. of the Revised Code, including any related
enforcement expenses. In addition, the agency shall use the moneys
in the fund to pay the state's long-term operation and maintenance
costs or matching share for actions taken under the "Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,"
as amended. If those moneys are reimbursed by grants or other
moneys from the United States or any other person, the moneys
shall be placed in the fund and not in the general revenue fund.
The director of environmental protection may enter into
contracts and grant agreements with federal, state, or local
government agencies, nonprofit organizations, and colleges and
universities for the purpose of carrying out the responsibilities
of the environmental protection agency for which money may be
expended from the fund.
Sec. 3734.282. All Except for natural resource damage
assessment costs recovered by the state that are required by
section 3734.28 of the Revised Code to be credited to the
hazardous waste clean-up fund created in that section, all money
collected by the state for natural resources damages under the
"Comprehensive Environmental Response, Compensation, and Liability
Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended,
the "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C. 2701 et
seq., as amended, the "Clean Federal Water Pollution Control Act,"
86 Stat. 862, 33 U.S.C. 1321, as amended defined in section
6111.01 of the Revised Code, or any other applicable federal or
state law shall be paid into the state treasury to the credit of
the natural resource damages fund, which is hereby created. The
director of environmental protection shall use money in the fund
only in accordance with the purposes of and the limitations on
natural resources damages set forth in the "Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,"
as amended, the "Oil Pollution Act of 1990," as amended, the
"Clean Federal Water Pollution Control Act," as amended, or
another applicable federal or state law. All investment earnings
of the fund shall be credited to the fund.
The director of environmental protection may enter into
contracts and grant agreements with federal, state, or local
government agencies, nonprofit organizations, and colleges and
universities for the purpose of carrying out the director's
responsibilities for which money may be expended from the fund.
Sec. 3734.57. (A) The following fees are hereby levied on
the transfer or disposal of solid wastes in this state:
(1) One dollar per ton on and after July 1, 2003, through
June 30, 2012 2014, one-half of the proceeds of which shall be
deposited in the state treasury to the credit of the hazardous
waste facility management fund created in section 3734.18 of the
Revised Code and one-half of the proceeds of which shall be
deposited in the state treasury to the credit of the hazardous
waste clean-up fund created in section 3734.28 of the Revised
Code;
(2) An additional one dollar per ton on and after July 1,
2003, through June 30, 2012 2014, the proceeds of which shall be
deposited in the state treasury to the credit of the solid waste
fund, which is hereby created. The environmental protection agency
shall use money in the solid waste fund to pay the costs of
administering and enforcing the laws pertaining to solid wastes,
infectious wastes, and construction and demolition debris,
including, without limitation, ground water evaluations related to
solid wastes, infectious wastes, and construction and demolition
debris, under this chapter and Chapter 3714. of the Revised Code
and any rules adopted under them, providing compliance assistance
to small businesses, and paying a share of the administrative
costs of the environmental protection agency pursuant to section
3745.014 of the Revised Code.
(3) An additional one dollar two dollars and fifty cents per
ton on and after July 1, 2005, through June 30, 2012 2014, the
proceeds of which shall be deposited in the state treasury to the
credit of the environmental protection fund created in section
3745.015 of the Revised Code;
(4) An additional one dollar per ton on and after August 1,
2009, through June 30, 2012, the proceeds of which shall be
deposited in the state treasury to the credit of the environmental
protection fund.
(5) An additional twenty-five cents per ton on and after
August 1, 2009, through June 30, 2012 2013, the proceeds of which
shall be deposited in the state treasury to the credit of the soil
and water conservation district assistance fund created in section
1515.14 of the Revised Code.
In the case of solid wastes that are taken to a solid waste
transfer facility located in this state prior to being transported
for disposal at a solid waste disposal facility located in this
state or outside of this state, the fees levied under this
division shall be collected by the owner or operator of the
transfer facility as a trustee for the state. The amount of fees
required to be collected under this division at such a transfer
facility shall equal the total tonnage of solid wastes received at
the facility multiplied by the fees levied under this division. In
the case of solid wastes that are not taken to a solid waste
transfer facility located in this state prior to being transported
to a solid waste disposal facility, the fees shall be collected by
the owner or operator of the solid waste disposal facility as a
trustee for the state. The amount of fees required to be collected
under this division at such a disposal facility shall equal the
total tonnage of solid wastes received at the facility that was
not previously taken to a solid waste transfer facility located in
this state multiplied by the fees levied under this division. Fees
levied under this division do not apply to materials separated
from a mixed waste stream for recycling by a generator or
materials removed from the solid waste stream through recycling,
as "recycling" is defined in rules adopted under section 3734.02
of the Revised Code.
The owner or operator of a solid waste transfer facility or
disposal facility, as applicable, shall prepare and file with the
director of environmental protection each month a return
indicating the total tonnage of solid wastes received at the
facility during that month and the total amount of the fees
required to be collected under this division during that month. In
addition, the owner or operator of a solid waste disposal facility
shall indicate on the return the total tonnage of solid wastes
received from transfer facilities located in this state during
that month for which the fees were required to be collected by the
transfer facilities. The monthly returns shall be filed on a form
prescribed by the director. Not later than thirty days after the
last day of the month to which a return applies, the owner or
operator shall mail to the director the return for that month
together with the fees required to be collected under this
division during that month as indicated on the return or may
submit the return and fees electronically in a manner approved by
the director. If the return is filed and the amount of the fees
due is paid in a timely manner as required in this division, the
owner or operator may retain a discount of three-fourths of one
per cent of the total amount of the fees that are required to be
paid as indicated on the return.
The owner or operator may request an extension of not more
than thirty days for filing the return and remitting the fees,
provided that the owner or operator has submitted such a request
in writing to the director together with a detailed description of
why the extension is requested, the director has received the
request not later than the day on which the return is required to
be filed, and the director has approved the request. If the fees
are not remitted within thirty days after the last day of the
month to which the return applies or are not remitted by the last
day of an extension approved by the director, the owner or
operator shall not retain the three-fourths of one per cent
discount and shall pay an additional ten per cent of the amount of
the fees for each month that they are late. For purposes of
calculating the late fee, the first month in which fees are late
begins on the first day after the deadline has passed for timely
submitting the return and fees, and one additional month shall be
counted every thirty days thereafter.
The owner or operator of a solid waste facility may request a
refund or credit of fees levied under this division and remitted
to the director that have not been paid to the owner or operator.
Such a request shall be made only if the fees have not been
collected by the owner or operator, have become a debt that has
become worthless or uncollectable for a period of six months or
more, and may be claimed as a deduction, including a deduction
claimed if the owner or operator keeps accounts on an accrual
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26
U.S.C. 166, as amended, and regulations adopted under it. Prior to
making a request for a refund or credit, an owner or operator
shall make reasonable efforts to collect the applicable fees. A
request for a refund or credit shall not include any costs
resulting from those efforts to collect unpaid fees.
A request for a refund or credit of fees shall be made in
writing, on a form prescribed by the director, and shall be
supported by evidence that may be required in rules adopted by the
director under this chapter. After reviewing the request, and if
the request and evidence submitted with the request indicate that
a refund or credit is warranted, the director shall grant a refund
to the owner or operator or shall permit a credit to be taken by
the owner or operator on a subsequent monthly return submitted by
the owner or operator. The amount of a refund or credit shall not
exceed an amount that is equal to ninety days' worth of fees owed
to an owner or operator by a particular debtor of the owner or
operator. A refund or credit shall not be granted by the director
to an owner or operator more than once in any twelve-month period
for fees owed to the owner or operator by a particular debtor.
If, after receiving a refund or credit from the director, an
owner or operator receives payment of all or part of the fees, the
owner or operator shall remit the fees with the next monthly
return submitted to the director together with a written
explanation of the reason for the submittal.
For purposes of computing the fees levied under this division
or division (B) of this section, any solid waste transfer or
disposal facility that does not use scales as a means of
determining gate receipts shall use a conversion factor of three
cubic yards per ton of solid waste or one cubic yard per ton for
baled waste, as applicable.
The fees levied under this division and divisions (B) and (C)
of this section are in addition to all other applicable fees and
taxes and shall be paid by the customer or a political subdivision
to the owner or operator of a solid waste transfer or disposal
facility. In the alternative, the fees shall be paid by a customer
or political subdivision to a transporter of waste who
subsequently transfers the fees to the owner or operator of such a
facility. The fees shall be paid notwithstanding the existence of
any provision in a contract that the customer or a political
subdivision may have with the owner or operator or with a
transporter of waste to the facility that would not require or
allow such payment regardless of whether the contract was entered
prior to or after the effective date of this amendment. For those
purposes, "customer" means a person who contracts with, or
utilizes the solid waste services of, the owner or operator of a
solid waste transfer or disposal facility or a transporter of
solid waste to such a facility.
(B) For the purposes specified in division (G) of this
section, the solid waste management policy committee of a county
or joint solid waste management district may levy fees upon the
following activities:
(1) The disposal at a solid waste disposal facility located
in the district of solid wastes generated within the district;
(2) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
the district, but inside this state;
(3) The disposal at a solid waste disposal facility within
the district of solid wastes generated outside the boundaries of
this state.
The solid waste management plan of the county or joint
district approved under section 3734.521 or 3734.55 of the Revised
Code and any amendments to it, or the resolution adopted under
this division, as appropriate, shall establish the rates of the
fees levied under divisions (B)(1), (2), and (3) of this section,
if any, and shall specify whether the fees are levied on the basis
of tons or cubic yards as the unit of measurement. A solid waste
management district that levies fees under this division on the
basis of cubic yards shall do so in accordance with division (A)
of this section.
The fee levied under division (B)(1) of this section shall be
not less than one dollar per ton nor more than two dollars per
ton, the fee levied under division (B)(2) of this section shall be
not less than two dollars per ton nor more than four dollars per
ton, and the fee levied under division (B)(3) of this section
shall be not more than the fee levied under division (B)(1) of
this section.
Prior to the approval of the solid waste management plan of a
district under section 3734.55 of the Revised Code, the solid
waste management policy committee of a district may levy fees
under this division by adopting a resolution establishing the
proposed amount of the fees. Upon adopting the resolution, the
committee shall deliver a copy of the resolution to the board of
county commissioners of each county forming the district and to
the legislative authority of each municipal corporation and
township under the jurisdiction of the district and shall prepare
and publish the resolution and a notice of the time and location
where a public hearing on the fees will be held. Upon adopting the
resolution, the committee shall deliver written notice of the
adoption of the resolution; of the amount of the proposed fees;
and of the date, time, and location of the public hearing to the
director and to the fifty industrial, commercial, or institutional
generators of solid wastes within the district that generate the
largest quantities of solid wastes, as determined by the
committee, and to their local trade associations. The committee
shall make good faith efforts to identify those generators within
the district and their local trade associations, but the
nonprovision of notice under this division to a particular
generator or local trade association does not invalidate the
proceedings under this division. The publication shall occur at
least thirty days before the hearing. After the hearing, the
committee may make such revisions to the proposed fees as it
considers appropriate and thereafter, by resolution, shall adopt
the revised fee schedule. Upon adopting the revised fee schedule,
the committee shall deliver a copy of the resolution doing so to
the board of county commissioners of each county forming the
district and to the legislative authority of each municipal
corporation and township under the jurisdiction of the district.
Within sixty days after the delivery of a copy of the resolution
adopting the proposed revised fees by the policy committee, each
such board and legislative authority, by ordinance or resolution,
shall approve or disapprove the revised fees and deliver a copy of
the ordinance or resolution to the committee. If any such board or
legislative authority fails to adopt and deliver to the policy
committee an ordinance or resolution approving or disapproving the
revised fees within sixty days after the policy committee
delivered its resolution adopting the proposed revised fees, it
shall be conclusively presumed that the board or legislative
authority has approved the proposed revised fees. The committee
shall determine if the resolution has been ratified in the same
manner in which it determines if a draft solid waste management
plan has been ratified under division (B) of section 3734.55 of
the Revised Code.
The committee may amend the schedule of fees levied pursuant
to a resolution adopted and ratified under this division by
adopting a resolution establishing the proposed amount of the
amended fees. The committee may repeal the fees levied pursuant to
such a resolution by adopting a resolution proposing to repeal
them. Upon adopting such a resolution, the committee shall proceed
to obtain ratification of the resolution in accordance with this
division.
Not later than fourteen days after declaring the new fees to
be ratified or the fees to be repealed under this division, the
committee shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect the
fees of the ratification and the amount of the fees or of the
repeal of the fees. Collection of any fees shall commence or
collection of repealed fees shall cease on the first day of the
second month following the month in which notification is sent to
the owner or operator.
Fees levied under this division also may be established,
amended, or repealed by a solid waste management policy committee
through the adoption of a new district solid waste management
plan, the adoption of an amended plan, or the amendment of the
plan or amended plan in accordance with sections 3734.55 and
3734.56 of the Revised Code or the adoption or amendment of a
district plan in connection with a change in district composition
under section 3734.521 of the Revised Code.
Not later than fourteen days after the director issues an
order approving a district's solid waste management plan, amended
plan, or amendment to a plan or amended plan that establishes,
amends, or repeals a schedule of fees levied by the district, the
committee shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect the
fees of the approval of the plan or amended plan, or the amendment
to the plan, as appropriate, and the amount of the fees, if any.
In the case of an initial or amended plan approved under section
3734.521 of the Revised Code in connection with a change in
district composition, other than one involving the withdrawal of a
county from a joint district, the committee, within fourteen days
after the change takes effect pursuant to division (G) of that
section, shall notify by certified mail the owner or operator of
each solid waste disposal facility that is required to collect the
fees that the change has taken effect and of the amount of the
fees, if any. Collection of any fees shall commence or collection
of repealed fees shall cease on the first day of the second month
following the month in which notification is sent to the owner or
operator.
If, in the case of a change in district composition involving
the withdrawal of a county from a joint district, the director
completes the actions required under division (G)(1) or (3) of
section 3734.521 of the Revised Code, as appropriate, forty-five
days or more before the beginning of a calendar year, the policy
committee of each of the districts resulting from the change that
obtained the director's approval of an initial or amended plan in
connection with the change, within fourteen days after the
director's completion of the required actions, shall notify by
certified mail the owner or operator of each solid waste disposal
facility that is required to collect the district's fees that the
change is to take effect on the first day of January immediately
following the issuance of the notice and of the amount of the fees
or amended fees levied under divisions (B)(1) to (3) of this
section pursuant to the district's initial or amended plan as so
approved or, if appropriate, the repeal of the district's fees by
that initial or amended plan. Collection of any fees set forth in
such a plan or amended plan shall commence on the first day of
January immediately following the issuance of the notice. If such
an initial or amended plan repeals a schedule of fees, collection
of the fees shall cease on that first day of January.
If, in the case of a change in district composition involving
the withdrawal of a county from a joint district, the director
completes the actions required under division (G)(1) or (3) of
section 3734.521 of the Revised Code, as appropriate, less than
forty-five days before the beginning of a calendar year, the
director, on behalf of each of the districts resulting from the
change that obtained the director's approval of an initial or
amended plan in connection with the change proceedings, shall
notify by certified mail the owner or operator of each solid waste
disposal facility that is required to collect the district's fees
that the change is to take effect on the first day of January
immediately following the mailing of the notice and of the amount
of the fees or amended fees levied under divisions (B)(1) to (3)
of this section pursuant to the district's initial or amended plan
as so approved or, if appropriate, the repeal of the district's
fees by that initial or amended plan. Collection of any fees set
forth in such a plan or amended plan shall commence on the first
day of the second month following the month in which notification
is sent to the owner or operator. If such an initial or amended
plan repeals a schedule of fees, collection of the fees shall
cease on the first day of the second month following the month in
which notification is sent to the owner or operator.
If the schedule of fees that a solid waste management
district is levying under divisions (B)(1) to (3) of this section
is amended or repealed, the fees in effect immediately prior to
the amendment or repeal shall continue to be collected until
collection of the amended fees commences or collection of the
repealed fees ceases, as applicable, as specified in this
division. In the case of a change in district composition, money
so received from the collection of the fees of the former
districts shall be divided among the resulting districts in
accordance with division (B) of section 343.012 of the Revised
Code and the agreements entered into under division (B) of section
343.01 of the Revised Code to establish the former and resulting
districts and any amendments to those agreements.
For the purposes of the provisions of division (B) of this
section establishing the times when newly established or amended
fees levied by a district are required to commence and the
collection of fees that have been amended or repealed is required
to cease, "fees" or "schedule of fees" includes, in addition to
fees levied under divisions (B)(1) to (3) of this section, those
levied under section 3734.573 or 3734.574 of the Revised Code.
(C) For the purposes of defraying the added costs to a
municipal corporation or township of maintaining roads and other
public facilities and of providing emergency and other public
services, and compensating a municipal corporation or township for
reductions in real property tax revenues due to reductions in real
property valuations resulting from the location and operation of a
solid waste disposal facility within the municipal corporation or
township, a municipal corporation or township in which such a
solid waste disposal facility is located may levy a fee of not
more than twenty-five cents per ton on the disposal of solid
wastes at a solid waste disposal facility located within the
boundaries of the municipal corporation or township regardless of
where the wastes were generated.
The legislative authority of a municipal corporation or
township may levy fees under this division by enacting an
ordinance or adopting a resolution establishing the amount of the
fees. Upon so doing the legislative authority shall mail a
certified copy of the ordinance or resolution to the board of
county commissioners or directors of the county or joint solid
waste management district in which the municipal corporation or
township is located or, if a regional solid waste management
authority has been formed under section 343.011 of the Revised
Code, to the board of trustees of that regional authority, the
owner or operator of each solid waste disposal facility in the
municipal corporation or township that is required to collect the
fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of
measurement, the legislative authority, in its ordinance or
resolution levying the fees under this division, may direct that
the fees be levied on the basis of cubic yards as the unit of
measurement based upon a conversion factor of three cubic yards
per ton generally or one cubic yard per ton for baled wastes.
Not later than five days after enacting an ordinance or
adopting a resolution under this division, the legislative
authority shall so notify by certified mail the owner or operator
of each solid waste disposal facility that is required to collect
the fee. Collection of any fee levied on or after March 24, 1992,
shall commence on the first day of the second month following the
month in which notification is sent to the owner or operator.
(D)(1) The fees levied under divisions (A), (B), and (C) of
this section do not apply to the disposal of solid wastes that:
(a) Are disposed of at a facility owned by the generator of
the wastes when the solid waste facility exclusively disposes of
solid wastes generated at one or more premises owned by the
generator regardless of whether the facility is located on a
premises where the wastes are generated;
(b) Are disposed of at facilities that exclusively dispose of
wastes that are generated from the combustion of coal, or from the
combustion of primarily coal in combination with scrap tires,
that
is not combined in any way with garbage at one or more
regardless
of whether the disposal facility is located on the premises
owned
by the generator where the wastes are generated.
(2) Except as provided in section 3734.571 of the Revised
Code, any fees levied under division (B)(1) of this section apply
to solid wastes originating outside the boundaries of a county or
joint district that are covered by an agreement for the joint use
of solid waste facilities entered into under section 343.02 of the
Revised Code by the board of county commissioners or board of
directors of the county or joint district where the wastes are
generated and disposed of.
(3) When solid wastes, other than solid wastes that consist
of scrap tires, are burned in a disposal facility that is an
incinerator or energy recovery facility, the fees levied under
divisions (A), (B), and (C) of this section shall be levied upon
the disposal of the fly ash and bottom ash remaining after burning
of the solid wastes and shall be collected by the owner or
operator of the sanitary landfill where the ash is disposed of.
(4) When solid wastes are delivered to a solid waste transfer
facility, the fees levied under divisions (B) and (C) of this
section shall be levied upon the disposal of solid wastes
transported off the premises of the transfer facility for disposal
and shall be collected by the owner or operator of the solid waste
disposal facility where the wastes are disposed of.
(5) The fees levied under divisions (A), (B), and (C) of this
section do not apply to sewage sludge that is generated by a waste
water treatment facility holding a national pollutant discharge
elimination system permit and that is disposed of through
incineration, land application, or composting or at another
resource recovery or disposal facility that is not a landfill.
(6) The fees levied under divisions (A), (B), and (C) of this
section do not apply to solid wastes delivered to a solid waste
composting facility for processing. When any unprocessed solid
waste or compost product is transported off the premises of a
composting facility and disposed of at a landfill, the fees levied
under divisions (A), (B), and (C) of this section shall be
collected by the owner or operator of the landfill where the
unprocessed waste or compost product is disposed of.
(7) When solid wastes that consist of scrap tires are
processed at a scrap tire recovery facility, the fees levied under
divisions (A), (B), and (C) of this section shall be levied upon
the disposal of the fly ash and bottom ash or other solid wastes
remaining after the processing of the scrap tires and shall be
collected by the owner or operator of the solid waste disposal
facility where the ash or other solid wastes are disposed of.
(8) The director of environmental protection may issue an
order exempting from the fees levied under this section solid
wastes, including, but not limited to, scrap tires, that are
generated, transferred, or disposed of as a result of a contract
providing for the expenditure of public funds entered into by the
administrator or regional administrator of the United States
environmental protection agency, the director of environmental
protection, or the director of administrative services on behalf
of the director of environmental protection for the purpose of
remediating conditions at a hazardous waste facility, solid waste
facility, or other location at which the administrator or regional
administrator or the director of environmental protection has
reason to believe that there is a substantial threat to public
health or safety or the environment or that the conditions are
causing or contributing to air or water pollution or soil
contamination. An order issued by the director of environmental
protection under division (D)(8) of this section shall include a
determination that the amount of the fees not received by a solid
waste management district as a result of the order will not
adversely impact the implementation and financing of the
district's approved solid waste management plan and any approved
amendments to the plan. Such an order is a final action of the
director of environmental protection.
(E) The fees levied under divisions (B) and (C) of this
section shall be collected by the owner or operator of the solid
waste disposal facility where the wastes are disposed of as a
trustee for the county or joint district and municipal corporation
or township where the wastes are disposed of. Moneys from the fees
levied under division (B) of this section shall be forwarded to
the board of county commissioners or board of directors of the
district in accordance with rules adopted under division (H) of
this section. Moneys from the fees levied under division (C) of
this section shall be forwarded to the treasurer or such other
officer of the municipal corporation as, by virtue of the charter,
has the duties of the treasurer or to the fiscal officer of the
township, as appropriate, in accordance with those rules.
(F) Moneys received by the treasurer or other officer of the
municipal corporation under division (E) of this section shall be
paid into the general fund of the municipal corporation. Moneys
received by the fiscal officer of the township under that division
shall be paid into the general fund of the township. The treasurer
or other officer of the municipal corporation or the township
fiscal officer, as appropriate, shall maintain separate records of
the moneys received from the fees levied under division (C) of
this section.
(G) Moneys received by the board of county commissioners or
board of directors under division (E) of this section or section
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code
shall be paid to the county treasurer, or other official acting in
a similar capacity under a county charter, in a county district or
to the county treasurer or other official designated by the board
of directors in a joint district and kept in a separate and
distinct fund to the credit of the district. If a regional solid
waste management authority has been formed under section 343.011
of the Revised Code, moneys received by the board of trustees of
that regional authority under division (E) of this section shall
be kept by the board in a separate and distinct fund to the credit
of the district. Moneys in the special fund of the county or joint
district arising from the fees levied under division (B) of this
section and the fee levied under division (A) of section 3734.573
of the Revised Code shall be expended by the board of county
commissioners or directors of the district in accordance with the
district's solid waste management plan or amended plan approved
under section 3734.521, 3734.55, or 3734.56 of the Revised Code
exclusively for the following purposes:
(1) Preparation of the solid waste management plan of the
district under section 3734.54 of the Revised Code, monitoring
implementation of the plan, and conducting the periodic review and
amendment of the plan required by section 3734.56 of the Revised
Code by the solid waste management policy committee;
(2) Implementation of the approved solid waste management
plan or amended plan of the district, including, without
limitation, the development and implementation of solid waste
recycling or reduction programs;
(3) Providing financial assistance to boards of health within
the district, if solid waste facilities are located within the
district, for enforcement of this chapter and rules, orders, and
terms and conditions of permits, licenses, and variances adopted
or issued under it, other than the hazardous waste provisions of
this chapter and rules adopted and orders and terms and conditions
of permits issued under those provisions;
(4) Providing financial assistance to each county within the
district to defray the added costs of maintaining roads and other
public facilities and of providing emergency and other public
services resulting from the location and operation of a solid
waste facility within the county under the district's approved
solid waste management plan or amended plan;
(5) Pursuant to contracts entered into with boards of health
within the district, if solid waste facilities contained in the
district's approved plan or amended plan are located within the
district, for paying the costs incurred by those boards of health
for collecting and analyzing samples from public or private water
wells on lands adjacent to those facilities;
(6) Developing and implementing a program for the inspection
of solid wastes generated outside the boundaries of this state
that are disposed of at solid waste facilities included in the
district's approved solid waste management plan or amended plan;
(7) Providing financial assistance to boards of health within
the district for the enforcement of section 3734.03 of the Revised
Code or to local law enforcement agencies having jurisdiction
within the district for enforcing anti-littering laws and
ordinances;
(8) Providing financial assistance to boards of health of
health districts within the district that are on the approved list
under section 3734.08 of the Revised Code to defray the costs to
the health districts for the participation of their employees
responsible for enforcement of the solid waste provisions of this
chapter and rules adopted and orders and terms and conditions of
permits, licenses, and variances issued under those provisions in
the training and certification program as required by rules
adopted under division (L) of section 3734.02 of the Revised Code;
(9) Providing financial assistance to individual municipal
corporations and townships within the district to defray their
added costs of maintaining roads and other public facilities and
of providing emergency and other public services resulting from
the location and operation within their boundaries of a
composting, energy or resource recovery, incineration, or
recycling facility that either is owned by the district or is
furnishing solid waste management facility or recycling services
to the district pursuant to a contract or agreement with the board
of county commissioners or directors of the district;
(10) Payment of any expenses that are agreed to, awarded, or
ordered to be paid under section 3734.35 of the Revised Code and
of any administrative costs incurred pursuant to that section. In
the case of a joint solid waste management district, if the board
of county commissioners of one of the counties in the district is
negotiating on behalf of affected communities, as defined in that
section, in that county, the board shall obtain the approval of
the board of directors of the district in order to expend moneys
for administrative costs incurred.
Prior to the approval of the district's solid waste
management plan under section 3734.55 of the Revised Code, moneys
in the special fund of the district arising from the fees shall be
expended for those purposes in the manner prescribed by the solid
waste management policy committee by resolution.
Notwithstanding division (G)(6) of this section as it existed
prior to October 29, 1993, or any provision in a district's solid
waste management plan prepared in accordance with division
(B)(2)(e) of section 3734.53 of the Revised Code as it existed
prior to that date, any moneys arising from the fees levied under
division (B)(3) of this section prior to January 1, 1994, may be
expended for any of the purposes authorized in divisions (G)(1) to
(10) of this section.
(H) The director shall adopt rules in accordance with Chapter
119. of the Revised Code prescribing procedures for collecting and
forwarding the fees levied under divisions (B) and (C) of this
section to the boards of county commissioners or directors of
county or joint solid waste management districts and to the
treasurers or other officers of municipal corporations and the
fiscal officers of townships. The rules also shall prescribe the
dates for forwarding the fees to the boards and officials and may
prescribe any other requirements the director considers necessary
or appropriate to implement and administer divisions (A), (B), and
(C) of this section.
Sec. 3734.85. (A) On and after the effective date of the
rules adopted under sections 3734.70, 3734.71, 3734.72, and
3734.73 of the Revised Code, the director of environmental
protection may take action under this section to abate
accumulations of scrap tires. If the director determines that an
accumulation of scrap tires constitutes a danger to the public
health or safety or to the environment, the director shall issue
an order under section 3734.13 of the Revised Code to the person
responsible for the accumulation of scrap tires directing that
person, within one hundred twenty days after the issuance of the
order, to remove the accumulation of scrap tires from the premises
on which it is located and transport the tires to a scrap tire
storage, monocell, monofill, or recovery facility licensed under
section 3734.81 of the Revised Code, to such a facility in another
state operating in compliance with the laws of the state in which
it is located, or to any other solid waste disposal facility in
another state that is operating in compliance with the laws of
that state. If the person responsible for causing the accumulation
of scrap tires is a person different from the owner of the land on
which the accumulation is located, the director may issue such an
order to the landowner.
If the director is unable to ascertain immediately the
identity of the person responsible for causing the accumulation of
scrap tires, the director shall examine the records of the
applicable board of health and law enforcement agencies to
ascertain that person's identity. Before initiating any
enforcement or removal actions under this division against the
owner of the land on which the accumulation is located, the
director shall initiate any such actions against the person that
the director has identified as responsible for causing the
accumulation of scrap tires. Failure of the director to make
diligent efforts to ascertain the identity of the person
responsible for causing the accumulation of scrap tires or to
initiate an action against the person responsible for causing the
accumulation shall not constitute an affirmative defense by a
landowner to an enforcement action initiated by the director under
this division requiring immediate removal of any accumulation of
scrap tires.
Upon the written request of the recipient of an order issued
under this division, the director may extend the time for
compliance with the order if the request demonstrates that the
recipient has acted in good faith to comply with the order. If the
recipient of an order issued under this division fails to comply
with the order within one hundred twenty days after the issuance
of the order or, if the time for compliance with the order was so
extended, within that time, the director shall take such actions
as the director considers reasonable and necessary to remove and
properly manage the scrap tires located on the land named in the
order. The director, through employees of the environmental
protection agency or a contractor, may enter upon the land on
which the accumulation of scrap tires is located and remove and
transport them to a scrap tire recovery facility for processing,
to a scrap tire storage facility for storage, or to a scrap tire
monocell or monofill facility for storage or disposal.
The director shall enter into contracts with the owners or
operators of scrap tire storage, monocell, monofill, or recovery
facilities for the storage, disposal, or processing of scrap tires
removed through removal operations conducted under this section.
In doing so, the director shall give preference to scrap tire
recovery facilities.
If a person to whom a removal order is issued under this
division fails to comply with the order and if the director
performs a removal action under this section, the person to whom
the removal order is issued is liable to the director for the
costs incurred by the director for conducting the removal
operation, storage at a scrap tire storage facility, storage or
disposal at a scrap tire monocell or monofill facility, or
processing of the scrap tires so removed, the transportation of
the scrap tires from the site of the accumulation to the scrap
tire storage, monocell, monofill, or recovery facility where the
scrap tires were stored, disposed of, or processed, and the
administrative and legal expenses incurred by the director in
connection with the removal operation. The director shall keep an
itemized record of those costs. Upon completion of the actions for
which the costs were incurred, the director shall record the costs
at the office of the county recorder of the county in which the
accumulation of scrap tires was located. The costs so recorded
constitute a lien on the property on which the accumulation of
scrap tires was located until discharged. Upon the written request
of the director, the attorney general shall bring a civil action
against the person responsible for the accumulation of the scrap
tires that were the subject of the removal operation to recover
the costs for which the person is liable under this division. Any
money so received or recovered shall be credited to the scrap tire
management fund created in section 3734.82 of the Revised Code.
If, in a civil action brought under this division, an owner
of real property is ordered to pay to the director the costs of a
removal action that removed an accumulation of scrap tires from
the person's land or if a lien is placed on the person's land for
the costs of such a removal action, and, in either case, if the
landowner was not the person responsible for causing the
accumulation of scrap tires so removed, the landowner may bring a
civil action against the person who was responsible for causing
the accumulation to recover the amount of the removal costs that
the court ordered the landowner to pay to the director or the
amount of the removal costs certified to the county recorder as a
lien on the landowner's property, whichever is applicable. If the
landowner prevails in the civil action against the person who was
responsible for causing the accumulation of scrap tires, the
court, as it considers appropriate, may award to the landowner the
reasonable attorney's fees incurred by the landowner for bringing
the action, court costs, and other reasonable expenses incurred by
the landowner in connection with the civil action. A landowner
shall bring such a civil action within two years after making the
final payment of the removal costs to the director pursuant to the
judgment rendered against the landowner in the civil action
brought under this division upon the director's request or within
two years after the director certified the costs of the removal
action to the county recorder, as appropriate. A person who, at
the time that a removal action was conducted under this division,
owned the land on which the removal action was performed may bring
an action under this division to recover the costs of the removal
action from the person responsible for causing the accumulation of
scrap tires so removed regardless of whether the person owns the
land at the time of bringing the action.
Subject to the limitations set forth in division (G) of
section 3734.82 of the Revised Code, the director may use moneys
in the scrap tire management fund for conducting removal actions
under this division. Any moneys recovered under this division
shall be credited to the scrap tire management fund.
(B) The director shall initiate enforcement and removal
actions under division (A) of this section in accordance with the
following descending listing of priorities:
(1) Accumulations of scrap tires that the director finds
constitute a fire hazard or threat to public health;
(2) Accumulations of scrap tires determined by the director
to contain more than one million scrap tires;
(3) Accumulations of scrap tires in densely populated areas;
(4) Other accumulations of scrap tires that the director or
board of health of the health district in which the accumulation
is located determines constitute a public nuisance;
(5) Any other accumulations of scrap tires present on
premises operating without a valid license issued under section
3734.05 or 3734.81 of the Revised Code.
(C) The director shall not take enforcement and removal
actions under division (A) of this section against the owner or
operator of, or the owner of the land on which is located, any of
the following:
(1) A premises where not more than one hundred scrap tires
are present at any time;
(2) The premises of a business engaging in the sale of tires
at retail that meets either of the following criteria:
(a) Not more than one thousand scrap tires are present on the
premises at any time in an unsecured, uncovered outdoor location.
(b) Any number of scrap tires are secured in a building or a
covered, enclosed container, trailer, or installation.
(3) The premises of a tire retreading business, a tire
manufacturing finishing center, or a tire adjustment center on
which is located a single, covered scrap tire storage area where
not more than four thousand scrap tires are stored;
(4) The premises of a business that removes tires from motor
vehicles in the ordinary course of business and on which is
located a single scrap tire storage area that occupies not more
than twenty-five hundred square feet;
(5) A solid waste facility licensed under section 3734.05 of
the Revised Code that stores scrap tires on the surface of the
ground if the total land area on which scrap tires are actually
stored does not exceed ten thousand square feet;
(6) A premises where not more than two hundred fifty scrap
tires are stored or kept for agricultural use;
(7) A construction site where scrap tires are stored for use
or used in road resurfacing or the construction of embankments;
(8) A scrap tire collection, storage, monocell, monofill, or
recovery facility licensed under section 3734.81 of the Revised
Code;
(9) A solid waste incineration or energy recovery facility
that is subject to regulation under this chapter and that burns
scrap tires;
(10) A premises where scrap tires are beneficially used and
for which the notice required by rules adopted under section
3734.84 of the Revised Code has been given;
(11) A transporter registered under section 3734.83 of the
Revised Code that collects and holds scrap tires in a covered
trailer or vehicle for not longer than thirty days prior to
transporting them to their final destination.
(D) Nothing in this section restricts any right any person
may have under statute or common law to enforce or seek
enforcement of any law applicable to the management of scrap
tires, abate a nuisance, or seek any other appropriate relief.
(E) An owner of real property upon which there is located an
accumulation of not more than two thousand scrap tires is not
liable under division (A) of this section for the cost of the
removal of the scrap tires, and no lien shall attach to the
property under this section, if all of the following conditions
are met:
(1) The tires were placed on the property after the owner
acquired title to the property, or the tires were placed on the
property before the owner acquired title to the property and the
owner acquired title to the property by bequest or devise.
(2) The owner of the property did not have knowledge that the
tires were being placed on the property, or the owner posted on
the property signs prohibiting dumping or took other action to
prevent the placing of tires on the property.
(3) The owner of the property did not participate in or
consent to the placing of the tires on the property.
(4) The owner of the property received no financial benefit
from the placing of the tires on the property or otherwise having
the tires on the property.
(5) Title to the property was not transferred to the owner
for the purpose of evading liability under division (A) of this
section.
(6) The person responsible for placing the tires on the
property, in doing so, was not acting as an agent for the owner of
the property.
Sec. 3734.901. (A)(1) For the purpose of providing revenue
to defray the cost of administering and enforcing the scrap tire
provisions of this chapter, rules adopted under those provisions,
and terms and conditions of orders, variances, and licenses issued
under those provisions; to abate accumulations of scrap tires; to
make grants supporting market development activities for scrap
tires and synthetic rubber from tire manufacturing processes and
tire recycling processes and to support scrap tire amnesty and
cleanup events; to make loans to promote the recycling or recovery
of energy from scrap tires; and to defray the costs of
administering and enforcing sections 3734.90 to 3734.9014 of the
Revised Code, a fee of fifty cents per tire is hereby levied on
the sale of tires. The proceeds of the fee shall be deposited in
the state treasury to the credit of the scrap tire management fund
created in section 3734.82 of the Revised Code. The fee is levied
from the first day of the calendar month that begins next after
thirty days from October 29, 1993, through June 30, 2011 2013.
(2) Beginning on September 5, 2001 July 1, 2011, and ending
on June 30,
2011 2013, there is hereby levied an additional fee
of fifty cents per tire on the sale of tires the proceeds of which
shall be deposited in the state treasury to the credit of the
scrap tire management fund and be used exclusively for the
purposes specified in division (G)(3) of that section until July
1, 2010, whereupon the proceeds shall be deposited in the state
treasury to the credit of the soil and water conservation district
assistance fund created in section 1515.14 of the Revised Code.
(B) Only one sale of the same article shall be used in
computing the amount of the fee due.
Sec. 3737.83. The fire marshal shall, as part of the state
fire code, adopt rules to:
(A) Establish minimum standards of performance for fire
protection equipment and fire fighting equipment;
(B) Establish minimum standards of training, fix minimum
qualifications, and require certificates for all persons who
engage in the business for profit of installing, testing,
repairing, or maintaining fire protection equipment;
(C) Provide for the issuance of certificates required under
division (B) of this section and establish the fees to be charged
for such certificates. A certificate shall be granted, renewed, or
revoked according to rules the fire marshal shall adopt.
(D) Establish minimum standards of flammability for consumer
goods in any case where the federal government or any department
or agency thereof has established, or may from time to time
establish standards of flammability for consumer goods. The
standards established by the fire marshal shall be identical to
the minimum federal standards.
In any case where the federal government or any department or
agency thereof, establishes standards of flammability for consumer
goods subsequent to the adoption of a flammability standard by the
fire marshal, standards previously adopted by the fire marshal
shall not continue in effect to the extent such standards are not
identical to the minimum federal standards.
With respect to the adoption of minimum standards of
flammability, this division shall supersede any authority granted
a political subdivision by any other section of the Revised Code.
(E) Establish minimum standards pursuant to section 5104.05
of the Revised Code for fire prevention and fire safety in child
day-care centers and in type A family day-care homes, as defined
in section 5104.01 of the Revised Code.
(F) Establish minimum standards for fire prevention and
safety an adult group home seeking licensure as an adult care
facility must meet under section 3722.02 5119.71 of the Revised
Code. The fire marshal shall adopt the rules under this division
in consultation with the directors of mental health and aging and
interested parties designated by the directors of mental health
and aging.
Sec. 3737.841. As used in this section and section 3737.842
of the Revised Code:
(A) "Public occupancy" means all of the following:
(1) Any state correctional institution as defined in section
2967.01 of the Revised Code and any county, multicounty,
municipal, or municipal-county jail or workhouse;
(2) Any hospital as defined in section 3727.01 of the Revised
Code, any hospital licensed by the department of mental health
under section 5119.20 of the Revised Code, and any institution,
hospital, or other place established, controlled, or supervised by
the department of mental health under Chapter 5119. of the Revised
Code;
(3) Any nursing home, residential care facility, or home for
the aging as defined in section 3721.01 of the Revised Code and
any adult care facility as defined in section 3722.01 5119.70 of
the Revised Code;
(4) Any child day-care center and any type A family day-care
home as defined in section 5104.01 of the Revised Code;
(5) Any public auditorium or stadium;
(6) Public assembly areas of hotels and motels containing
more than ten articles of seating furniture.
(B) "Sell" includes sell, offer or expose for sale, barter,
trade, deliver, give away, rent, consign, lease, possess for sale,
or dispose of in any other commercial manner.
(C) Except as provided in division (D) of this section,
"seating furniture" means any article of furniture, including
children's furniture, that can be used as a support for an
individual, or his an individual's limbs or feet, when sitting or
resting in an upright or reclining position and that either:
(1) Is made with loose or attached cushions or pillows;
(2) Is stuffed or filled in whole or in part with any filling
material;
(3) Is or can be stuffed or filled in whole or in part with
any substance or material, concealed by fabric or any other
covering.
"Seating furniture" includes the cushions or pillows
belonging to or forming a part of the furniture, the structural
unit, and the filling material and its container or covering.
(D) "Seating furniture" does not include, except if intended
for use by children or in facilities designed for the care or
treatment of humans, any of the following:
(1) Cushions or pads intended solely for outdoor use;
(2) Any article with a smooth surface that contains no more
than one-half inch of filling material, if that article does not
have an upholstered horizontal surface meeting an upholstered
vertical surface;
(3) Any article manufactured solely for recreational use or
physical fitness purposes, including weight-lifting benches,
gymnasium mats or pads, and sidehorses.
(E) "Filling material" means cotton, wool, kapok, feathers,
down, hair, liquid, or any other natural or manmade
artificial
material or substance that is used or can be used as stuffing in
seating furniture.
Sec. 3737.87. As used in sections 3737.87 to 3737.98 of the
Revised Code:
(A) "Accidental release" means any sudden or nonsudden
release of petroleum that was neither expected nor intended by the
owner or operator of the applicable underground storage tank
system and that results in the need for corrective action or
compensation for bodily injury or property damage.
(B) "Corrective action" means any action necessary to protect
human health and the environment in the event of a release of
petroleum into the environment, including, without limitation, any
action necessary to monitor, assess, and evaluate the release. In
the instance of a suspected release, the term "corrective action"
includes, without limitation, an investigation to confirm or
disprove the occurrence of the release. In the instance of a
confirmed release, the term "corrective action" includes, without
limitation, the initial corrective action taken under section
3737.88 or 3737.882 of the Revised Code and rules adopted or
orders issued under those sections and any action taken consistent
with a remedial action to clean up contaminated ground water,
surface water, soils, and subsurface material and to address the
residual effects of a release after the initial corrective action
is taken.
(C) "Eligible lending institution" means a financial
institution that is eligible to make commercial loans, is a public
depository of state funds under section 135.03 of the Revised
Code, and agrees to participate in the petroleum underground
storage tank linked deposit program provided for in sections
3737.95 to 3737.98 of the Revised Code.
(D) "Eligible owner" means any person that owns six or fewer
petroleum underground storage tanks comprising a petroleum
underground storage tank or underground storage tank system.
(E) "Installer" means a person who supervises the
installation of, performance of major repairs on site to,
abandonment of, or removal of underground storage tank systems.
(F) "Major repair" means the restoration of a tank or an
underground storage tank system component that has caused a
release of a product from the underground storage tank system, the
upgrading of a tank or an underground storage tank system
component, or the modification of a tank or an underground storage
tank system component. "Major repair" does not include routine
maintenance for normal operational upkeep to prevent an
underground storage tank system from releasing a product.
(G) "Operator" means the person in daily control of, or
having responsibility for the daily operation of, an underground
storage tank system.
(1) In the instance of an underground storage tank system in
use on November 8, 1984, or brought into use after that date, the
person who owns the underground storage tank system;
(2) In the instance of an underground storage tank system in
use before November 8, 1984, that was no longer in use on that
date, the person who owned the underground storage tank system
immediately before the discontinuation of its use.
The term "Owner" includes any person who holds, or, in the
instance of an underground storage tank system in use before
November 8, 1984, but no longer in use on that date, any person
who held immediately before the discontinuation of its use, a
legal, equitable, or possessory interest of any kind in an
underground storage tank system or in the property on which the
underground storage tank system is located, including, without
limitation, a trust, vendor, vendee, lessor, or lessee. The term
"Owner" does not include any person who, without participating in
the management of an underground storage tank system and without
otherwise being engaged in petroleum production, refining, or
marketing, holds indicia of ownership in an underground storage
tank system primarily to protect the person's security interest in
it.
(I) "Person," in addition to the meaning in section 3737.01
of the Revised Code, means the United States and any department,
agency, or instrumentality thereof.
(J) "Petroleum" means petroleum, including crude oil or any
fraction thereof, that is a liquid at the temperature of sixty
degrees Fahrenheit and the pressure of fourteen and seven-tenths
pounds per square inch absolute. The term "Petroleum" includes,
without limitation, motor fuels, jet fuels, distillate fuel oils,
residual fuel oils, lubricants, petroleum solvents, and used oils.
(K) "Petroleum underground storage tank linked deposit" means
a certificate of deposit placed by the treasurer of state with an
eligible lending institution pursuant to sections 3737.95 to
3737.98 of the Revised Code.
(L) "Regulated substance" means petroleum or any substance
identified or listed as a hazardous substance in rules adopted
under division (D) of section 3737.88 of the Revised Code.
(M) "Release" means any spilling, leaking, emitting,
discharging, escaping, leaching, or disposing of from an
underground storage tank system into ground or surface water or
subsurface soils or otherwise into the environment.
(N) Notwithstanding division (F) of section 3737.01 of the
Revised Code, "responsible person" means the person who is the
owner or operator of an underground storage tank system.
(O) "Tank" means a stationary device designed to contain an
accumulation of regulated substances that is constructed of
manmade manufactured materials.
(P) "Underground storage tank" means one or any combination
of tanks, including the underground pipes connected thereto, that
are used to contain an accumulation of regulated substances the
volume of which, including the volume of the underground pipes
connected thereto, is ten per cent or more beneath the surface of
the ground.
The term "Underground storage tank" does not include any of
the following or any pipes connected to any of the following:
(1) Pipeline facilities, including gathering lines, regulated
under the "Natural Gas Pipeline Safety Act of 1968," 82 Stat. 720,
49 U.S.C.A. 1671, as amended, or the "Hazardous Liquid Pipeline
Safety Act of 1979," 93 Stat. 1003, 49 U.S.C.A. 2001, as amended;
(2) Farm or residential tanks of one thousand one hundred
gallons or less capacity used for storing motor fuel for
noncommercial purposes;
(3) Tanks used for storing heating fuel for consumptive use
on the premises where stored;
(4) Surface impoundments, pits, ponds, or lagoons;
(5) Storm or waste water collection systems;
(6) Flow-through process tanks;
(7) Storage tanks located in underground areas, including,
without limitation, basements, cellars, mine workings, drifts,
shafts, or tunnels, when the tanks are located on or above the
surface of the floor;
(9) Liquid traps or associated gathering lines directly
related to oil or gas production and gathering operations.
(Q) "Underground storage tank system" means an underground
storage tank and the connected underground piping, underground
ancillary equipment, and containment system, if any.
(R) "Revenues" means all fees, premiums, and charges paid by
owners and operators of petroleum underground storage tanks to the
petroleum underground storage tank release compensation board
created in section 3737.90 of the Revised Code; proceeds received
by the board from any insurance, condemnation, or guaranty; the
proceeds of petroleum underground storage tank revenue bonds; and
the income and profits from the investment of any such revenues.
(S) "Revenue bonds," unless the context indicates a different
meaning or intent, means petroleum underground storage tank
revenue bonds and petroleum underground storage tank revenue
refunding bonds that are issued by the petroleum underground
storage tank release compensation board pursuant to sections
3737.90 to 3737.948 of the Revised Code.
(T) "Class C release" means a release of petroleum occurring
or identified from an underground storage tank system subject to
sections 3737.87 to 3737.89 of the Revised Code for which the
responsible person for the release is specifically determined by
the fire marshal not to be a viable person capable of undertaking
or completing the corrective actions required under those sections
for the release. "Class C release" also includes any release
designated as a "class C release" in accordance with rules adopted
under section 3737.88 of the Revised Code.
Sec. 3737.88. (A)(1) The fire marshal shall have
responsibility for implementation of the underground storage tank
program and corrective action program for releases of petroleum
from underground petroleum storage tanks established by the
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2795,
42 U.S.C.A. 6901, as amended. To implement the program programs,
the fire marshal may adopt, amend, and rescind such rules, conduct
such inspections, require annual registration of underground
storage tanks, issue such citations and orders to enforce those
rules, enter into environmental covenants in accordance with
sections 5301.80 to 5301.92 of the Revised Code, and perform such
other duties, as are consistent with those programs. The fire
marshal, by rule, may delegate the authority to conduct
inspections of underground storage tanks to certified fire safety
inspectors.
(2) In the place of any rules regarding release containment
and release detection for underground storage tanks adopted under
division (A)(1) of this section, the fire marshal, by rule, shall
designate areas as being sensitive for the protection of human
health and the environment and adopt alternative rules regarding
release containment and release detection methods for new and
upgraded underground storage tank systems located in those areas.
In designating such areas, the fire marshal shall take into
consideration such factors as soil conditions, hydrogeology, water
use, and the location of public and private water supplies. Not
later than July 11, 1990, the fire marshal shall file the rules
required under this division with the secretary of state, director
of the legislative service commission, and joint committee on
agency rule review in accordance with divisions (B) and (H) of
section 119.03 of the Revised Code.
(3) Notwithstanding sections 3737.87 to 3737.89 of the
Revised Code, a person who is not a responsible person may conduct
a voluntary action in accordance with Chapter 3746. of the Revised
Code and rules adopted under it for a class C release. The
director of environmental protection, pursuant to section 3746.12
of the Revised Code, may issue a covenant not to sue to any person
who properly completes a voluntary action with respect to a class
C release in accordance with Chapter 3746. of the Revised Code and
rules adopted under it.
(B) Before adopting any rule under this section or section
3737.881 or 3737.882 of the Revised Code, the fire marshal shall
file written notice of the proposed rule with the chairperson of
the state fire commission, and, within sixty days after notice is
filed, the commission may file responses to or comments on and may
recommend alternative or supplementary rules to the fire marshal.
At the end of the sixty-day period or upon the filing of
responses, comments, or recommendations by the commission, the
fire marshal may adopt the rule filed with the commission or any
alternative or supplementary rule recommended by the commission.
(C) The fire commission may recommend courses of action to be
taken by the fire marshal in carrying out the fire marshal's
duties under this section. The commission shall file its
recommendations in the office of the fire marshal, and, within
sixty days after the recommendations are filed, the fire marshal
shall file with the chairperson of the commission comments on, and
proposed action in response to, the recommendations.
(D) For the purpose of sections 3737.87 to 3737.89 of the
Revised Code, the fire marshal shall adopt, and may amend and
rescind, rules identifying or listing hazardous substances. The
rules shall be consistent with and equivalent in scope, coverage,
and content to regulations identifying or listing hazardous
substances adopted under the "Comprehensive Environmental
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,
42 U.S.C.A. 9602, as amended, except that the fire marshal shall
not identify or list as a hazardous substance any hazardous waste
identified or listed in rules adopted under division (A) of
section 3734.12 of the Revised Code.
(E) Notwithstanding any provision of the laws of this state
to the contrary Except as provided in division (A)(3) of this
section, the fire marshal has shall have exclusive jurisdiction to
regulate the storage, treatment, and disposal of petroleum
contaminated soil generated from corrective actions undertaken in
response to releases of petroleum from underground storage tank
systems. The fire marshal may adopt, amend, or rescind such rules
as the fire marshal considers to be necessary or appropriate to
regulate the storage, treatment, or disposal of petroleum
contaminated soil so generated.
(F) The fire marshal shall adopt, amend, and rescind rules
under sections 3737.88 to 3737.882 of the Revised Code in
accordance with Chapter 119. of the Revised Code.
Sec. 3745.015. There is hereby created in the state treasury
the environmental protection fund consisting of money credited to
the fund under divisions division (A)(3) and (4) of section
3734.57 of the Revised Code. The environmental protection agency
shall use money in the fund to pay the agency's costs associated
with administering and enforcing, or otherwise conducting
activities under, this chapter and Chapters 3704., 3734., 3746.,
3747., 3748., 3750., 3751., 3752., 3753., 5709., 6101., 6103.,
6105., 6109., 6111., 6112., 6113., 6115., 6117., and 6119. and
sections 122.65 and 1521.19 of the Revised Code.
Sec. 3745.016. There is hereby created in the state treasury
the federally supported cleanup and response fund consisting of
money credited to the fund from federal grants, gifts, and
contributions to support the investigation and remediation of
contaminated property. The environmental protection agency shall
use money in the fund to support the investigation and remediation
of contaminated property.
Sec. 3745.05. (A) In hearing the appeal, if an adjudication
hearing was conducted by the director of environmental protection
in accordance with sections 119.09 and 119.10 of the Revised Code
or conducted by a board of health, the environmental review
appeals commission is confined to the record as certified to it by
the director or the board of health, as applicable. The commission
may grant a request for the admission of additional evidence when
satisfied that such additional evidence is newly discovered and
could not with reasonable diligence have been ascertained prior to
the hearing before the director or the board, as applicable. If no
adjudication hearing was conducted in accordance with sections
119.09 and 119.10 of the Revised Code or conducted by a board of
health, the commission shall conduct a hearing de novo on the
appeal.
For the purpose of conducting a de novo hearing, or where the
commission has granted a request for the admission of additional
evidence, the commission may require the attendance of witnesses
and the production of written or printed materials.
When conducting a de novo hearing, or when a request for the
admission of additional evidence has been granted, the commission
may, and at the request of any party it shall, issue subpoenas for
witnesses or for books, papers, correspondence, memoranda,
agreements, or other documents or records relevant or material to
the inquiry directed to the sheriff of the counties where the
witnesses or documents or records are found, which subpoenas shall
be served and returned in the same manner as those allowed by the
court of common pleas in criminal cases.
(B) The fees of sheriffs shall be the same as those allowed
by the court of common pleas in criminal cases. Witnesses shall be
paid the fees and mileage provided for under section 119.094 of
the Revised Code. The fee and mileage expenses incurred at the
request of the appellant shall be paid in advance by the
appellant, and the remainder of the expenses shall be paid out of
funds appropriated for the expenses of the commission.
(C) In case of disobedience or neglect of any subpoena served
on any person, or the refusal of any witness to testify to any
matter regarding which the witness may be lawfully interrogated,
the court of common pleas of the county in which the disobedience,
neglect, or refusal occurs, or any judge thereof, on application
of the commission or any member thereof, may compel obedience by
attachment proceedings for contempt as in the case of disobedience
of the requirements of a subpoena issued from the court or a
refusal to testify therein.
(D) A witness at any hearing shall testify under oath or
affirmation, which any member of the commission may administer. A
witness, if the witness requests, shall be permitted to be
accompanied, represented, and advised by an attorney, whose
participation in the hearing shall be limited to the protection of
the rights of the witness, and who may not examine or
cross-examine witnesses. A witness shall be advised of the right
to counsel before the witness is interrogated.
(E) A stenographic or electronic record of the testimony and
other evidence submitted shall be taken by an official court
shorthand reporter. The record shall include all of the testimony
and other evidence and the rulings on the admissibility thereof
presented at the hearing. The commission shall pass upon the
admissibility of evidence, but any party may at the time object to
the admission of any evidence and except to the rulings of the
commission thereon, and if the commission refuses to admit
evidence the party offering same may make a proffer thereof, and
such proffer shall be made a part of the record of such hearing.
Any party may request the stenographic or electronic record
of the hearing. Promptly after receiving such a request, the
commission shall prepare and provide the stenographic or
electronic record of the hearing to the party who requested it.
The commission may charge a fee to the party who requested the
stenographic or electronic record that does not exceed the cost to
the commission for preparing and transcribing
or transmitting it.
(F) If, upon completion of the hearing, the commission finds
that the action appealed from was lawful and reasonable, it shall
make a written order affirming the action, or if the commission
finds that the action was unreasonable or unlawful, it shall make
a written order vacating or modifying the action appealed from.
The commission shall issue a written order affirming,
vacating, or modifying an action pursuant to the following
schedule:
(1) For an appeal that was filed with the commission before
April 15, 2008, the commission shall issue a written order not
later than December 15, 2009.
(2) For all other appeals that have been filed with the
commission as of October 15, 2009, the commission shall issue a
written order not later than July 15, 2010.
(3) For an appeal that is filed with the commission after
October 15, 2009, the commission shall issue a written order not
later than twelve months after the filing of the appeal with the
commission.
(G) Every order made by the commission shall contain a
written finding by the commission of the facts upon which the
order is based. Notice of the making of the order shall be given
forthwith to each party to the appeal by mailing a certified copy
thereof to each party by certified mail, with a statement of the
time and method by which an appeal may be perfected.
(H) The order of the commission is final unless vacated or
modified upon judicial review.
Sec. 3745.11. (A) Applicants for and holders of permits,
licenses, variances, plan approvals, and certifications issued by
the director of environmental protection pursuant to Chapters
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee
to the environmental protection agency for each such issuance and
each application for an issuance as provided by this section. No
fee shall be charged for any issuance for which no application has
been submitted to the director.
(B) Each person who is issued a permit to install prior to
July 1, 2003, pursuant to rules adopted under division (F) of
section 3704.03 of the Revised Code shall pay the fees specified
in the following schedules:
(1) Fuel-burning equipment (boilers)
Input capacity (maximum) |
|
| |
|
(million British thermal units per hour) |
|
Permit to install
| |
|
Greater than 0, but less than 10 |
|
$ 200
| |
|
10 or more, but less than 100 |
|
400
| |
|
100 or more, but less than 300 |
|
800
| |
|
300 or more, but less than 500 |
|
1500
| |
|
500 or more, but less than 1000 |
|
2500
| |
|
1000 or more, but less than 5000 |
|
4000
| |
|
5000 or more |
|
6000
| |
|
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half of the applicable
amount established in division (F)(1) of this section.
Input capacity (pounds per hour) |
|
Permit to install
| |
|
0 to 100 |
|
$ 100
| |
|
101 to 500 |
|
400
| |
|
501 to 2000 |
|
750
| |
|
2001 to 20,000 |
|
1000
| |
|
more than 20,000 |
|
2500
| |
|
Process weight rate (pounds per hour) |
|
Permit to install
| |
|
0 to 1000 |
|
$ 200
| |
|
1001 to 5000 |
|
400
| |
|
5001 to 10,000 |
|
600
| |
|
10,001 to 50,000 |
|
800
| |
|
more than 50,000 |
|
1000
| |
|
In any process where process weight rate cannot be
ascertained, the minimum fee shall be assessed.
(b) Notwithstanding division (B)(3)(a) of this section, any
person issued a permit to install pursuant to rules adopted under
division (F) of section 3704.03 of the Revised Code shall pay the
fees established in division (B)(3)(c) of this section for a
process used in any of the following industries, as identified by
the applicable four-digit standard industrial classification code
according to the Standard Industrial Classification Manual
published by the United States office of management and budget in
the executive office of the president, 1972, as revised:
1211 Bituminous coal and lignite mining;
1213 Bituminous coal and lignite mining services;
1422 Crushed and broken limestone;
1427 Crushed and broken stone, not elsewhere classified;
1442 Construction sand and gravel;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated.
(c) The fees established in the following schedule apply to
the issuance of a permit to install pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code for a
process listed in division (B)(3)(b) of this section:
Process weight rate (pounds per hour) |
Permit to install |
|
|
0 to 1000 |
$ 200 |
|
|
10,001 to 50,000 |
300 |
|
|
50,001 to 100,000 |
400 |
|
|
100,001 to 200,000 |
500 |
|
|
200,001 to 400,000 |
600 |
|
|
400,001 or more |
700 |
|
|
Gallons (maximum useful capacity) |
|
Permit to install
| |
|
0 to 20,000 |
|
$ 100
| |
|
20,001 to 40,000 |
|
150
| |
|
40,001 to 100,000 |
|
200
| |
|
100,001 to 250,000 |
|
250
| |
|
250,001 to 500,000 |
|
350
| |
|
500,001 to 1,000,000 |
|
500
| |
|
1,000,001 or greater |
|
750
| |
|
(5) Gasoline/fuel dispensing facilities
For each gasoline/fuel dispensing |
|
Permit to install
| |
|
facility |
|
$ 100
| |
|
(6) Dry cleaning facilities
For each dry cleaning facility |
|
Permit to install
| |
|
(includes all units at the facility) |
|
$ 100
| |
|
For each source covered |
|
Permit to install
| |
|
by registration status |
|
$ 75
| |
|
(C)(1) Except as otherwise provided in division (C)(2) of
this section, beginning July 1, 1994, each person who owns or
operates an air contaminant source and who is required to apply
for and obtain a Title V permit under section 3704.036 of the
Revised Code shall pay the fees set forth in division (C)(1) of
this section. For the purposes of that division, total emissions
of air contaminants may be calculated using engineering
calculations, emissions factors, material balance calculations, or
performance testing procedures, as authorized by the director.
The following fees shall be assessed on the total actual
emissions from a source in tons per year of the regulated
pollutants particulate matter, sulfur dioxide, nitrogen oxides,
organic compounds, and lead:
(a) Fifteen dollars per ton on the total actual emissions of
each such regulated pollutant during the period July through
December 1993, to be collected no sooner than July 1, 1994;
(b) Twenty dollars per ton on the total actual emissions of
each such regulated pollutant during calendar year 1994, to be
collected no sooner than April 15, 1995;
(c) Twenty-five dollars per ton on the total actual emissions
of each such regulated pollutant in calendar year 1995, and each
subsequent calendar year, to be collected no sooner than the
fifteenth day of April of the year next succeeding the calendar
year in which the emissions occurred.
The fees levied under division (C)(1) of this section do not
apply to that portion of the emissions of a regulated pollutant at
a facility that exceed four thousand tons during a calendar year.
(2) The fees assessed under division (C)(1) of this section
are for the purpose of providing funding for the Title V permit
program.
(3) The fees assessed under division (C)(1) of this section
do not apply to emissions from any electric generating unit
designated as a Phase I unit under Title IV of the federal Clean
Air Act prior to calendar year 2000. Those fees shall be assessed
on the emissions from such a generating unit commencing in
calendar year 2001 based upon the total actual emissions from the
generating unit during calendar year 2000 and shall continue to be
assessed each subsequent calendar year based on the total actual
emissions from the generating unit during the preceding calendar
year.
(4) The director shall issue invoices to owners or operators
of air contaminant sources who are required to pay a fee assessed
under division (C) or (D) of this section. Any such invoice shall
be issued no sooner than the applicable date when the fee first
may be collected in a year under the applicable division, shall
identify the nature and amount of the fee assessed, and shall
indicate that the fee is required to be paid within thirty days
after the issuance of the invoice.
(D)(1) Except as provided in division (D)(3) of this section,
from January 1, 1994, through December 31, 2003, each person who
owns or operates an air contaminant source; who is required to
apply for a permit to operate pursuant to rules adopted under
division (G), or a variance pursuant to division (H), of section
3704.03 of the Revised Code; and who is not required to apply for
and obtain a Title V permit under section 3704.036 of the Revised
Code shall pay a single fee based upon the sum of the actual
annual emissions from the facility of the regulated pollutants
particulate matter, sulfur dioxide, nitrogen oxides, organic
compounds, and lead in accordance with the following schedule:
|
Total tons per year |
|
|
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
|
|
emitted |
|
per facility |
|
|
|
|
More than 0, but less than 50 |
|
$ 75 |
|
|
|
|
50 or more, but less than 100 |
|
300 |
|
|
|
|
100 or more |
|
700 |
|
|
|
(2) Except as provided in division (D)(3) of this section,
beginning January 1, 2004, each person who owns or operates an air
contaminant source; who is required to apply for a permit to
operate pursuant to rules adopted under division (G), or a
variance pursuant to division (H), of section 3704.03 of the
Revised Code; and who is not required to apply for and obtain a
Title V permit under section 3704.03 of the Revised Code shall pay
a single fee based upon the sum of the actual annual emissions
from the facility of the regulated pollutants particulate matter,
sulfur dioxide, nitrogen oxides, organic compounds, and lead in
accordance with the following schedule:
|
Total tons per year |
|
|
|
|
|
|
of regulated pollutants |
|
Annual fee
|
|
|
|
|
emitted |
|
per facility |
|
|
|
|
More than 0, but less than 10 |
|
$ 100 |
|
|
|
|
10 or more, but less than 50 |
|
200 |
|
|
|
|
50 or more, but less than 100 |
|
300 |
|
|
|
|
100 or more |
|
700 |
|
|
|
(3)(a) As used in division (D) of this section, "synthetic
minor facility" means a facility for which one or more permits to
install or permits to operate have been issued for the air
contaminant sources at the facility that include terms and
conditions that lower the facility's potential to emit air
contaminants below the major source thresholds established in
rules adopted under section 3704.036 of the Revised Code.
(b) Beginning January 1, 2000, through June 30, 2012 2014,
each person who owns or operates a synthetic minor facility shall
pay an annual fee based on the sum of the actual annual emissions
from the facility of particulate matter, sulfur dioxide, nitrogen
dioxide, organic compounds, and lead in accordance with the
following schedule:
|
Combined total tons |
|
|
|
|
|
per year of all regulated |
|
Annual fee |
|
|
|
pollutants emitted |
|
per facility |
|
|
|
Less than 10 |
|
$ 170 |
|
|
|
10 or more, but less than 20 |
|
340 |
|
|
|
20 or more, but less than 30 |
|
670 |
|
|
|
30 or more, but less than 40 |
|
1,010 |
|
|
|
40 or more, but less than 50 |
|
1,340 |
|
|
|
50 or more, but less than 60 |
|
1,680 |
|
|
|
60 or more, but less than 70 |
|
2,010 |
|
|
|
70 or more, but less than 80 |
|
2,350 |
|
|
|
80 or more, but less than 90 |
|
2,680 |
|
|
|
90 or more, but less than 100 |
|
3,020 |
|
|
|
100 or more |
|
3,350 |
|
|
(4) The fees assessed under division (D)(1) of this section
shall be collected annually no sooner than the fifteenth day of
April, commencing in 1995. The fees assessed under division (D)(2)
of this section shall be collected annually no sooner than the
fifteenth day of April, commencing in 2005. The fees assessed
under division (D)(3) of this section shall be collected no sooner
than the fifteenth day of April, commencing in 2000. The fees
assessed under division (D) of this section in a calendar year
shall be based upon the sum of the actual emissions of those
regulated pollutants during the preceding calendar year. For the
purpose of division (D) of this section, emissions of air
contaminants may be calculated using engineering calculations,
emission factors, material balance calculations, or performance
testing procedures, as authorized by the director. The director,
by rule, may require persons who are required to pay the fees
assessed under division (D) of this section to pay those fees
biennially rather than annually.
(E)(1) Consistent with the need to cover the reasonable costs
of the Title V permit program, the director annually shall
increase the fees prescribed in division (C)(1) of this section by
the percentage, if any, by which the consumer price index for the
most recent calendar year ending before the beginning of a year
exceeds the consumer price index for calendar year 1989. Upon
calculating an increase in fees authorized by division (E)(1) of
this section, the director shall compile revised fee schedules for
the purposes of division (C)(1) of this section and shall make the
revised schedules available to persons required to pay the fees
assessed under that division and to the public.
(2) For the purposes of division (E)(1) of this section:
(a) The consumer price index for any year is the average of
the consumer price index for all urban consumers published by the
United States department of labor as of the close of the
twelve-month period ending on the thirty-first day of August of
that year.
(b) If the 1989 consumer price index is revised, the director
shall use the revision of the consumer price index that is most
consistent with that for calendar year 1989.
(F) Each person who is issued a permit to install pursuant to
rules adopted under division (F) of section 3704.03 of the Revised
Code on or after July 1, 2003, shall pay the fees specified in the
following schedules:
(1) Fuel-burning equipment (boilers, furnaces, or process
heaters used in the process of burning fuel for the primary
purpose of producing heat or power by indirect heat transfer)
Input capacity (maximum) |
|
|
|
(million British thermal units per hour) |
Permit to install |
|
|
Greater than 0, but less than 10 |
$ 200 |
|
|
10 or more, but less than 100 |
400 |
|
|
100 or more, but less than 300 |
1000 |
|
|
300 or more, but less than 500 |
2250 |
|
|
500 or more, but less than 1000 |
3750 |
|
|
1000 or more, but less than 5000 |
6000 |
|
|
5000 or more |
9000 |
|
|
Units burning exclusively natural gas, number two fuel oil,
or both shall be assessed a fee that is one-half the applicable
amount shown in division (F)(1) of this section.
(2) Combustion turbines and stationary internal combustion
engines designed to generate electricity
Generating capacity (mega watts) |
Permit to install |
|
|
0 or more, but less than 10 |
$ 25 |
|
|
10 or more, but less than 25 |
150 |
|
|
25 or more, but less than 50 |
300 |
|
|
50 or more, but less than 100 |
500 |
|
|
100 or more, but less than 250 |
1000 |
|
|
250 or more |
2000 |
|
|
Input capacity (pounds per hour) |
Permit to install |
|
|
0 to 100 |
$ 100 |
|
|
101 to 500 |
500 |
|
|
501 to 2000 |
1000 |
|
|
2001 to 20,000 |
1500 |
|
|
more than 20,000 |
3750 |
|
|
Process weight rate (pounds per hour) |
Permit to install |
|
|
0 to 1000 |
$ 200 |
|
|
1001 to 5000 |
500 |
|
|
5001 to 10,000 |
750 |
|
|
10,001 to 50,000 |
1000 |
|
|
more than 50,000 |
1250 |
|
|
In any process where process weight rate cannot be
ascertained, the minimum fee shall be assessed. A boiler, furnace,
combustion turbine, stationary internal combustion engine, or
process heater designed to provide direct heat or power to a
process not designed to generate electricity shall be assessed a
fee established in division (F)(4)(a) of this section. A
combustion turbine or stationary internal combustion engine
designed to generate electricity shall be assessed a fee
established in division (F)(2) of this section.
(b) Notwithstanding division (F)(4)(a) of this section, any
person issued a permit to install pursuant to rules adopted under
division (F) of section 3704.03 of the Revised Code shall pay the
fees set forth in division (F)(4)(c) of this section for a process
used in any of the following industries, as identified by the
applicable two-digit, three-digit, or four-digit standard
industrial classification code according to the Standard
Industrial Classification Manual published by the United States
office of management and budget in the executive office of the
president, 1987, as revised:
Major group 10, metal mining;
Major group 12, coal mining;
Major group 14, mining and quarrying of nonmetallic minerals;
Industry group 204, grain mill products;
2873 Nitrogen fertilizers;
2874 Phosphatic fertilizers;
3281 Cut stone and stone products;
3295 Minerals and earth, ground or otherwise treated;
4221 Grain elevators (storage only);
5159 Farm related raw materials;
5261 Retail nurseries and lawn and garden supply stores.
(c) The fees set forth in the following schedule apply to the
issuance of a permit to install pursuant to rules adopted under
division (F) of section 3704.03 of the Revised Code for a process
identified in division (F)(4)(b) of this section:
|
Process weight rate (pounds per hour) |
|
Permit to install |
|
|
|
|
0 to 10,000 |
|
$ 200 |
|
|
|
|
10,001 to 50,000 |
|
400 |
|
|
|
|
50,001 to 100,000 |
|
500 |
|
|
|
|
100,001 to 200,000 |
|
600 |
|
|
|
|
200,001 to 400,000 |
|
750 |
|
|
|
|
400,001 or more |
|
900 |
|
|
|
|
Gallons (maximum useful capacity) |
|
Permit to install |
|
|
|
|
0 to 20,000 |
|
$ 100 |
|
|
|
|
20,001 to 40,000 |
|
150 |
|
|
|
|
40,001 to 100,000 |
|
250 |
|
|
|
|
100,001 to 500,000 |
|
400 |
|
|
|
|
500,001 or greater |
|
750 |
|
|
|
(6) Gasoline/fuel dispensing facilities
For each gasoline/fuel
| |
|
|
|
|
dispensing facility (includes all
| |
Permit to install |
|
|
|
units at the facility)
| |
$ 100 |
|
|
|
(7) Dry cleaning facilities
For each dry cleaning
| |
|
|
|
|
facility (includes all units
| |
Permit to install |
|
|
|
at the facility)
| |
$ 100 |
|
|
|
For each source covered
| |
Permit to install |
|
|
|
by registration status
| |
$ 75 |
|
|
|
(G) An owner or operator who is responsible for an asbestos
demolition or renovation project pursuant to rules adopted under
section 3704.03 of the Revised Code shall pay the fees set forth
in the following schedule:
|
Action |
|
Fee |
|
|
|
|
Each notification |
|
$75 |
|
|
|
|
Asbestos removal |
|
$3/unit |
|
|
|
|
Asbestos cleanup |
|
$4/cubic yard |
|
|
|
For purposes of this division, "unit" means any combination of
linear feet or square feet equal to fifty.
(H) A person who is issued an extension of time for a permit
to install an air contaminant source pursuant to rules adopted
under division (F) of section 3704.03 of the Revised Code shall
pay a fee equal to one-half the fee originally assessed for the
permit to install under this section, except that the fee for such
an extension shall not exceed two hundred dollars.
(I) A person who is issued a modification to a permit to
install an air contaminant source pursuant to rules adopted under
section 3704.03 of the Revised Code shall pay a fee equal to
one-half of the fee that would be assessed under this section to
obtain a permit to install the source. The fee assessed by this
division only applies to modifications that are initiated by the
owner or operator of the source and shall not exceed two thousand
dollars.
(J) Notwithstanding division (B) or (F) of this section, a
person who applies for or obtains a permit to install pursuant to
rules adopted under division (F) of section 3704.03 of the Revised
Code after the date actual construction of the source began shall
pay a fee for the permit to install that is equal to twice the fee
that otherwise would be assessed under the applicable division
unless the applicant received authorization to begin construction
under division (W) of section 3704.03 of the Revised Code. This
division only applies to sources for which actual construction of
the source begins on or after July 1, 1993. The imposition or
payment of the fee established in this division does not preclude
the director from taking any administrative or judicial
enforcement action under this chapter, Chapter 3704., 3714.,
3734., or 6111. of the Revised Code, or a rule adopted under any
of them, in connection with a violation of rules adopted under
division (F) of section 3704.03 of the Revised Code.
As used in this division, "actual construction of the source"
means the initiation of physical on-site construction activities
in connection with improvements to the source that are permanent
in nature, including, without limitation, the installation of
building supports and foundations and the laying of underground
pipework.
(K) Fifty cents per ton of each fee assessed under division
(C) of this section on actual emissions from a source and received
by the environmental protection agency pursuant to that division
shall be deposited into the state treasury to the credit of the
small business assistance fund created in section 3706.19 of the
Revised Code. The remainder of the moneys received by the division
pursuant to that division and moneys received by the agency
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this
section shall be deposited in the state treasury to the credit of
the clean air fund created in section 3704.035 of the Revised
Code.
(L)(1)(a) Except as otherwise provided in division (L)(1)(b)
or (c) of this section, a person issued a water discharge permit
or renewal of a water discharge permit pursuant to Chapter 6111.
of the Revised Code shall pay a fee based on each point source to
which the issuance is applicable in accordance with the following
schedule:
|
Design flow discharge (gallons per day) |
|
Fee |
|
|
|
|
0 to 1000 |
|
$ 0 |
|
|
|
|
1,001 to 5000 |
|
100 |
|
|
|
|
5,001 to 50,000 |
|
200 |
|
|
|
|
50,001 to 100,000 |
|
300 |
|
|
|
|
100,001 to 300,000 |
|
525 |
|
|
|
|
over 300,000 |
|
750 |
|
|
|
(b) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
that is applicable to coal mining operations regulated under
Chapter 1513. of the Revised Code shall be two hundred fifty
dollars per mine.
(c) Notwithstanding the fee schedule specified in division
(L)(1)(a) of this section, the fee for a water discharge permit
for a public discharger identified by I in the third character of
the permittee's NPDES permit number shall not exceed seven hundred
fifty dollars.
(2) A person applying for a plan approval for a wastewater
treatment works pursuant to section 6111.44, 6111.45, or 6111.46
of the Revised Code shall pay a fee of one hundred dollars plus
sixty-five one-hundredths of one per cent of the estimated project
cost through June 30, 2012 2014, and one hundred dollars plus
two-tenths of one per cent of the estimated project cost on and
after July 1, 2012 2014, except that the total fee shall not
exceed fifteen thousand dollars through June 30, 2012 2014, and
five thousand dollars on and after July 1, 2012 2014. The fee
shall be paid at the time the application is submitted.
(3) A person issued a modification of a water discharge
permit shall pay a fee equal to one-half the fee that otherwise
would be charged for a water discharge permit, except that the fee
for the modification shall not exceed four hundred dollars.
(4) A person who has entered into an agreement with the
director under section 6111.14 of the Revised Code shall pay an
administrative service fee for each plan submitted under that
section for approval that shall not exceed the minimum amount
necessary to pay administrative costs directly attributable to
processing plan approvals. The director annually shall calculate
the fee and shall notify all persons who have entered into
agreements under that section, or who have applied for agreements,
of the amount of the fee.
(5)(a)(i) Not later than January 30, 2010 2012, and January
30,
2011 2013, a person holding an NPDES discharge permit issued
pursuant to Chapter 6111. of the Revised Code with an average
daily discharge flow of five thousand gallons or more shall pay a
nonrefundable annual discharge fee. Any person who fails to pay
the fee at that time shall pay an additional amount that equals
ten per cent of the required annual discharge fee.
(ii) The billing year for the annual discharge fee
established in division (L)(5)(a)(i) of this section shall consist
of a twelve-month period beginning on the first day of January of
the year preceding the date when the annual discharge fee is due.
In the case of an existing source that permanently ceases to
discharge during a billing year, the director shall reduce the
annual discharge fee, including the surcharge applicable to
certain industrial facilities pursuant to division (L)(5)(c) of
this section, by one-twelfth for each full month during the
billing year that the source was not discharging, but only if the
person holding the NPDES discharge permit for the source notifies
the director in writing, not later than the first day of October
of the billing year, of the circumstances causing the cessation of
discharge.
(iii) The annual discharge fee established in division
(L)(5)(a)(i) of this section, except for the surcharge applicable
to certain industrial facilities pursuant to division (L)(5)(c) of
this section, shall be based upon the average daily discharge flow
in gallons per day calculated using first day of May through
thirty-first day of October flow data for the period two years
prior to the date on which the fee is due. In the case of NPDES
discharge permits for new sources, the fee shall be calculated
using the average daily design flow of the facility until actual
average daily discharge flow values are available for the time
period specified in division (L)(5)(a)(iii) of this section. The
annual discharge fee may be prorated for a new source as described
in division (L)(5)(a)(ii) of this section.
(b) An NPDES permit holder that is a public discharger shall
pay the fee specified in the following schedule:
Average daily |
|
|
|
Fee due by |
|
|
discharge flow |
|
|
|
January 30,
|
|
|
|
|
|
|
2010 2012, and
|
|
|
|
|
|
|
January 30, 2011 2013 |
|
|
5,000 to 49,999 |
|
|
$ 200 |
|
|
|
50,000 to 100,000 |
|
|
500 |
|
|
|
100,001 to 250,000 |
|
|
1,050 |
|
|
|
250,001 to 1,000,000 |
|
|
2,600 |
|
|
|
1,000,001 to 5,000,000 |
|
|
5,200 |
|
|
|
5,000,001 to 10,000,000 |
|
|
10,350 |
|
|
|
10,000,001 to 20,000,000 |
|
|
15,550 |
|
|
|
20,000,001 to 50,000,000 |
|
|
25,900 |
|
|
|
50,000,001 to 100,000,000 |
|
|
41,400 |
|
|
|
100,000,001 or more |
|
|
62,100 |
|
|
|
Public dischargers owning or operating two or more publicly
owned treatment works serving the same political subdivision, as
"treatment works" is defined in section 6111.01 of the Revised
Code, and that serve exclusively political subdivisions having a
population of fewer than one hundred thousand shall pay an annual
discharge fee under division (L)(5)(b) of this section that is
based on the combined average daily discharge flow of the
treatment works.
(c) An NPDES permit holder that is an industrial discharger,
other than a coal mining operator identified by P in the third
character of the permittee's NPDES permit number, shall pay the
fee specified in the following schedule:
Average daily |
|
|
|
Fee due by |
|
|
discharge flow |
|
|
|
January 30,
|
|
|
|
|
|
|
2010 2012, and
|
|
|
|
|
|
|
January 30, 2011 2013 |
|
|
5,000 to 49,999 |
|
|
$ 250 |
|
|
|
50,000 to 250,000 |
|
|
1,200 |
|
|
|
250,001 to 1,000,000 |
|
|
2,950 |
|
|
|
1,000,001 to 5,000,000 |
|
|
5,850 |
|
|
|
5,000,001 to 10,000,000 |
|
|
8,800 |
|
|
|
10,000,001 to 20,000,000 |
|
|
11,700 |
|
|
|
20,000,001 to 100,000,000 |
|
|
14,050 |
|
|
|
100,000,001 to 250,000,000 |
|
|
16,400 |
|
|
|
250,000,001 or more |
|
|
18,700 |
|
|
|
In addition to the fee specified in the above schedule, an
NPDES permit holder that is an industrial discharger classified as
a major discharger during all or part of the annual discharge fee
billing year specified in division (L)(5)(a)(ii) of this section
shall pay a nonrefundable annual surcharge of seven thousand five
hundred dollars not later than January 30, 2010 2012, and not
later than January 30, 2011 2013. Any person who fails to pay the
surcharge at that time shall pay an additional amount that equals
ten per cent of the amount of the surcharge.
(d) Notwithstanding divisions (L)(5)(b) and (c) of this
section, a public discharger identified by I in the third
character of the permittee's NPDES permit number and an industrial
discharger identified by I, J, L, V, W, X, Y, or Z in the third
character of the permittee's NPDES permit number shall pay a
nonrefundable annual discharge fee of one hundred eighty dollars
not later than January 30, 2010 2012, and not later than January
30,
2011 2013. Any person who fails to pay the fee at that time
shall pay an additional amount that equals ten per cent of the
required fee.
(6) Each person obtaining a national pollutant discharge
elimination system general or individual permit for municipal
storm water discharge shall pay a nonrefundable storm water
discharge fee of one hundred dollars per square mile of area
permitted. The fee shall not exceed ten thousand dollars and shall
be payable on or before January 30, 2004, and the thirtieth day of
January of each year thereafter. Any person who fails to pay the
fee on the date specified in division (L)(6) of this section shall
pay an additional amount per year equal to ten per cent of the
annual fee that is unpaid.
(7) The director shall transmit all moneys collected under
division (L) of this section to the treasurer of state for deposit
into the state treasury to the credit of the surface water
protection fund created in section 6111.038 of the Revised Code.
(8) As used in division (L) of this section:
(a) "NPDES" means the federally approved national pollutant
discharge elimination system program for issuing, modifying,
revoking, reissuing, terminating, monitoring, and enforcing
permits and imposing and enforcing pretreatment requirements under
Chapter 6111. of the Revised Code and rules adopted under it.
(b) "Public discharger" means any holder of an NPDES permit
identified by P in the second character of the NPDES permit number
assigned by the director.
(c) "Industrial discharger" means any holder of an NPDES
permit identified by I in the second character of the NPDES permit
number assigned by the director.
(d) "Major discharger" means any holder of an NPDES permit
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the
director.
(M) Through June 30, 2012 2014, a person applying for a
license or license renewal to operate a public water system under
section 6109.21 of the Revised Code shall pay the appropriate fee
established under this division at the time of application to the
director. Any person who fails to pay the fee at that time shall
pay an additional amount that equals ten per cent of the required
fee. The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
Except as provided in division (M)(4) of this section, fees
required under this division shall be calculated and paid in
accordance with the following schedule:
(1) For the initial license required under division (A)(1) of
section 6109.21 of the Revised Code for any public water system
that is a community water system as defined in section 6109.01 of
the Revised Code, and for each license renewal required for such a
system prior to January 31, 2012 2014, the fee is:
Number of service connections
| Fee amount |
|
|
|
|
Not more than 49 |
$ 112 |
|
|
|
|
50 to 99 |
176 |
|
|
|
Number of service connections
| |
Average cost per connection |
|
|
|
|
100 to 2,499 |
|
$ 1.92 |
|
|
|
|
2,500 to 4,999 |
|
1.48 |
|
|
|
|
5,000 to 7,499 |
|
1.42 |
|
|
|
|
7,500 to 9,999 |
|
1.34 |
|
|
|
|
10,000 to 14,999 |
|
1.16 |
|
|
|
|
15,000 to 24,999 |
|
1.10 |
|
|
|
|
25,000 to 49,999 |
|
1.04 |
|
|
|
|
50,000 to 99,999 |
|
.92 |
|
|
|
|
100,000 to 149,999 |
|
.86 |
|
|
|
|
150,000 to 199,999 |
|
.80 |
|
|
|
|
200,000 or more |
|
.76 |
|
|
|
A public water system may determine how it will pay the total
amount of the fee calculated under division (M)(1) of this
section, including the assessment of additional user fees that may
be assessed on a volumetric basis.
As used in division (M)(1) of this section, "service
connection" means the number of active or inactive pipes,
goosenecks, pigtails, and any other fittings connecting a water
main to any building outlet.
(2) For the initial license required under division (A)(2) of
section 6109.21 of the Revised Code for any public water system
that is not a community water system and serves a nontransient
population, and for each license renewal required for such a
system prior to January 31, 2012 2014, the fee is:
|
Population served |
|
Fee amount |
|
|
|
|
Fewer than 150 |
|
$ 112 |
|
|
|
|
150 to 299 |
|
176 |
|
|
|
|
300 to 749 |
|
384 |
|
|
|
|
750 to 1,499 |
|
628 |
|
|
|
|
1,500 to 2,999 |
|
1,268 |
|
|
|
|
3,000 to 7,499 |
|
2,816 |
|
|
|
|
7,500 to 14,999 |
|
5,510 |
|
|
|
|
15,000 to 22,499 |
|
9,048 |
|
|
|
|
22,500 to 29,999 |
|
12,430 |
|
|
|
|
30,000 or more |
|
16,820 |
|
|
|
As used in division (M)(2) of this section, "population
served" means the total number of individuals receiving water from
having access to the water supply during a twenty-four-hour period
for at least sixty days during any calendar year. In the absence
of a specific population count, that number shall be calculated at
the rate of three individuals per service connection.
(3) For the initial license required under division (A)(3) of
section 6109.21 of the Revised Code for any public water system
that is not a community water system and serves a transient
population, and for each license renewal required for such a
system prior to January 31, 2012 2014, the fee is:
Number of wells or sources, other than surface water, supplying system
| |
Fee amount |
|
|
|
|
1 |
|
$112 |
|
|
|
|
2 |
|
112 |
|
|
|
|
3 |
|
176 |
|
|
|
|
4 |
|
278 |
|
|
|
|
5 |
|
568 |
|
|
|
|
System designated as using a |
|
|
|
|
|
|
surface water source |
|
792 |
|
|
|
As used in division (M)(3) of this section, "number of wells
or sources, other than surface water, supplying system" means
those wells or sources that are physically connected to the
plumbing system serving the public water system.
(4) A public water system designated as using a surface water
source shall pay a fee of seven hundred ninety-two dollars or the
amount calculated under division (M)(1) or (2) of this section,
whichever is greater.
(N)(1) A person applying for a plan approval for a public
water supply system under section 6109.07 of the Revised Code
shall pay a fee of one hundred fifty dollars plus thirty-five
hundredths of one per cent of the estimated project cost, except
that the total fee shall not exceed twenty thousand dollars
through June 30, 2012 2014, and fifteen thousand dollars on and
after July 1, 2012 2014. The fee shall be paid at the time the
application is submitted.
(2) A person who has entered into an agreement with the
director under division (A)(2) of section 6109.07 of the Revised
Code shall pay an administrative service fee for each plan
submitted under that section for approval that shall not exceed
the minimum amount necessary to pay administrative costs directly
attributable to processing plan approvals. The director annually
shall calculate the fee and shall notify all persons that have
entered into agreements under that division, or who have applied
for agreements, of the amount of the fee.
(3) Through June 30, 2012 2014, the following fee, on a per
survey basis, shall be charged any person for services rendered by
the state in the evaluation of laboratories and laboratory
personnel for compliance with accepted analytical techniques and
procedures established pursuant to Chapter 6109. of the Revised
Code for determining the qualitative characteristics of water:
|
microbiological
| |
|
|
|
|
|
|
MMO-MUG |
|
$2,000 |
|
|
|
|
|
MF |
|
2,100 |
|
|
|
|
|
MMO-MUG and MF |
|
2,550 |
|
|
|
|
organic chemical
| |
5,400 |
|
|
|
|
trace metals
| |
5,400 |
|
|
|
|
standard chemistry
| |
2,800 |
|
|
|
|
limited chemistry
| |
1,550 |
|
|
|
On and after July 1, 2012 2014, the following fee, on a per
survey basis, shall be charged any such person:
|
microbiological |
|
$ 1,650 |
|
|
|
|
organic chemicals |
|
3,500 |
|
|
|
|
trace metals |
|
3,500 |
|
|
|
|
standard chemistry |
|
1,800 |
|
|
|
|
limited chemistry |
|
1,000 |
|
|
|
The fee for those services shall be paid at the time the request
for the survey is made. Through June 30, 2012 2014, an individual
laboratory shall not be assessed a fee under this division more
than once in any three-year period unless the person requests the
addition of analytical methods or analysts, in which case the
person shall pay eighteen hundred dollars for each additional
survey requested.
As used in division (N)(3) of this section:
(a) "MF" means microfiltration.
(b) "MMO" means minimal medium ONPG.
(c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide.
(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
(O) Any person applying to the director for examination for
certification as an operator of a water supply system or
wastewater system under Chapter 6109. or 6111. of the Revised
Code, at the time the application is submitted, shall pay an
application fee of forty-five dollars through November 30,
2012
2014, and twenty-five dollars on and after December 1, 2012 2014.
Upon approval from the director that the applicant is eligible to
take the examination therefor, the applicant shall pay a fee in
accordance with the following schedule through November 30,
2012
2014:
|
Class A operator |
|
$35 |
|
|
|
|
Class I operator |
|
60 |
|
|
|
|
Class II operator |
|
75 |
|
|
|
|
Class III operator |
|
85 |
|
|
|
|
Class IV operator |
|
100 |
|
|
|
On and after December 1, 2012 2014, the applicant shall pay a
fee in accordance with the following schedule:
|
Class A operator |
|
$25 |
|
|
|
|
Class I operator |
|
$45 |
|
|
|
|
Class II operator |
|
55 |
|
|
|
|
Class III operator |
|
65 |
|
|
|
|
Class IV operator |
|
75 |
|
|
|
A person shall pay a biennial certification renewal fee for
each applicable class of certification in accordance with the
following schedule:
|
Class A operator |
|
$25 |
|
|
|
|
Class I operator |
|
35 |
|
|
|
|
Class II operator |
|
45 |
|
|
|
|
Class III operator |
|
55 |
|
|
|
|
Class IV operator |
|
65 |
|
|
|
If a certification renewal fee is received by the director
more than thirty days, but not more than one year after the
expiration date of the certification, the person shall pay a
certification renewal fee in accordance with the following
schedule:
|
Class A operator |
|
$45 |
|
|
|
|
Class I operator |
|
55 |
|
|
|
|
Class II operator |
|
65 |
|
|
|
|
Class III operator |
|
75 |
|
|
|
|
Class IV operator |
|
85 |
|
|
|
A person who requests a replacement certificate shall pay a
fee of twenty-five dollars at the time the request is made.
The director shall transmit all moneys collected under this
division to the treasurer of state for deposit into the drinking
water protection fund created in section 6109.30 of the Revised
Code.
(P) Any person submitting an application for an industrial
water pollution control certificate under section 6111.31 of the
Revised Code, as that section existed before its repeal by H.B. 95
of the 125th general assembly, shall pay a nonrefundable fee of
five hundred dollars at the time the application is submitted. The
director shall transmit all moneys collected under this division
to the treasurer of state for deposit into the surface water
protection fund created in section 6111.038 of the Revised Code. A
person paying a certificate fee under this division shall not pay
an application fee under division (S)(1) of this section. On and
after June 26, 2003, persons shall file such applications and pay
the fee as required under sections 5709.20 to 5709.27 of the
Revised Code, and proceeds from the fee shall be credited as
provided in section 5709.212 of the Revised Code.
(Q) Except as otherwise provided in division (R) of this
section, a person issued a permit by the director for a new solid
waste disposal facility other than an incineration or composting
facility, a new infectious waste treatment facility other than an
incineration facility, or a modification of such an existing
facility that includes an increase in the total disposal or
treatment capacity of the facility pursuant to Chapter 3734. of
the Revised Code shall pay a fee of ten dollars per thousand cubic
yards of disposal or treatment capacity, or one thousand dollars,
whichever is greater, except that the total fee for any such
permit shall not exceed eighty thousand dollars. A person issued a
modification of a permit for a solid waste disposal facility or an
infectious waste treatment facility that does not involve an
increase in the total disposal or treatment capacity of the
facility shall pay a fee of one thousand dollars. A person issued
a permit to install a new, or modify an existing, solid waste
transfer facility under that chapter shall pay a fee of two
thousand five hundred dollars. A person issued a permit to install
a new or to modify an existing solid waste incineration or
composting facility, or an existing infectious waste treatment
facility using incineration as its principal method of treatment,
under that chapter shall pay a fee of one thousand dollars. The
increases in the permit fees under this division resulting from
the amendments made by Amended Substitute House Bill 592 of the
117th general assembly do not apply to any person who submitted an
application for a permit to install a new, or modify an existing,
solid waste disposal facility under that chapter prior to
September 1, 1987; any such person shall pay the permit fee
established in this division as it existed prior to June 24, 1988.
In addition to the applicable permit fee under this division, a
person issued a permit to install or modify a solid waste facility
or an infectious waste treatment facility under that chapter who
fails to pay the permit fee to the director in compliance with
division (V) of this section shall pay an additional ten per cent
of the amount of the fee for each week that the permit fee is
late.
Permit and late payment fees paid to the director under this
division shall be credited to the general revenue fund.
(R)(1) A person issued a registration certificate for a scrap
tire collection facility under section 3734.75 of the Revised Code
shall pay a fee of two hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person shall
pay a fee of twenty-five dollars.
(2) A person issued a registration certificate for a new
scrap tire storage facility under section 3734.76 of the Revised
Code shall pay a fee of three hundred dollars, except that if the
facility is owned or operated by a motor vehicle salvage dealer
licensed under Chapter 4738. of the Revised Code, the person shall
pay a fee of twenty-five dollars.
(3) A person issued a permit for a scrap tire storage
facility under section 3734.76 of the Revised Code shall pay a fee
of one thousand dollars, except that if the facility is owned or
operated by a motor vehicle salvage dealer licensed under Chapter
4738. of the Revised Code, the person shall pay a fee of fifty
dollars.
(4) A person issued a permit for a scrap tire monocell or
monofill facility under section 3734.77 of the Revised Code shall
pay a fee of ten dollars per thousand cubic yards of disposal
capacity or one thousand dollars, whichever is greater, except
that the total fee for any such permit shall not exceed eighty
thousand dollars.
(5) A person issued a registration certificate for a scrap
tire recovery facility under section 3734.78 of the Revised Code
shall pay a fee of one hundred dollars.
(6) A person issued a permit for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a fee
of one thousand dollars.
(7) In addition to the applicable registration certificate or
permit fee under divisions (R)(1) to (6) of this section, a person
issued a registration certificate or permit for any such scrap
tire facility who fails to pay the registration certificate or
permit fee to the director in compliance with division (V) of this
section shall pay an additional ten per cent of the amount of the
fee for each week that the fee is late.
(8) The registration certificate, permit, and late payment
fees paid to the director under divisions (R)(1) to (7) of this
section shall be credited to the scrap tire management fund
created in section 3734.82 of the Revised Code.
(S)(1) Except as provided by divisions (L), (M), (N), (O),
(P), and (S)(2) of this section, division (A)(2) of section
3734.05 of the Revised Code, section 3734.79 of the Revised Code,
and rules adopted under division (T)(1) of this section, any
person applying for a registration certificate under section
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,
variance, or plan approval under Chapter 3734. of the Revised Code
shall pay a nonrefundable fee of fifteen dollars at the time the
application is submitted.
Except as otherwise provided, any person applying for a
permit, variance, or plan approval under Chapter 6109. or 6111. of
the Revised Code shall pay a nonrefundable fee of one hundred
dollars at the time the application is submitted through June 30,
2012 2014, and a nonrefundable fee of fifteen dollars at the time
the application is submitted on and after July 1, 2012 2014.
Through Except as provided in division (S)(3) of this section,
through June 30, 2012 2014, any person applying for a national
pollutant discharge elimination system permit under Chapter 6111.
of the Revised Code shall pay a nonrefundable fee of two hundred
dollars at the time of application for the permit. On and after
July 1, 2012 2014, such a person shall pay a nonrefundable fee of
fifteen dollars at the time of application.
In addition to the application fee established under division
(S)(1) of this section, any person applying for a national
pollutant discharge elimination system general storm water
construction permit shall pay a nonrefundable fee of twenty
dollars per acre for each acre that is permitted above five acres
at the time the application is submitted. However, the per acreage
fee shall not exceed three hundred dollars. In addition, any
person applying for a national pollutant discharge elimination
system general storm water industrial permit shall pay a
nonrefundable fee of one hundred fifty dollars at the time the
application is submitted.
The director shall transmit all moneys collected under
division (S)(1) of this section pursuant to Chapter 6109. of the
Revised Code to the treasurer of state for deposit into the
drinking water protection fund created in section 6109.30 of the
Revised Code.
The director shall transmit all moneys collected under
division (S)(1) of this section pursuant to Chapter 6111. of the
Revised Code and under division (S)(3) of this section to the
treasurer of state for deposit into the surface water protection
fund created in section 6111.038 of the Revised Code.
If a registration certificate is issued under section
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of
the application fee paid shall be deducted from the amount of the
registration certificate fee due under division (R)(1), (2), or
(5) of this section, as applicable.
If a person submits an electronic application for a
registration certificate, permit, variance, or plan approval for
which an application fee is established under division (S)(1) of
this section, the person shall pay the applicable application fee
as expeditiously as possible after the submission of the
electronic application. An application for a registration
certificate, permit, variance, or plan approval for which an
application fee is established under division (S)(1) of this
section shall not be reviewed or processed until the applicable
application fee, and any other fees established under this
division, are paid.
(2) Division (S)(1) of this section does not apply to an
application for a registration certificate for a scrap tire
collection or storage facility submitted under section 3734.75 or
3734.76 of the Revised Code, as applicable, if the owner or
operator of the facility or proposed facility is a motor vehicle
salvage dealer licensed under Chapter 4738. of the Revised Code.
(3) A person applying for coverage under a national pollutant
discharge elimination system general discharge permit for
household sewage treatment systems shall pay the following fees:
(a) A nonrefundable fee of two hundred dollars at the time of
application for initial permit coverage;
(b) A nonrefundable fee of one hundred dollars at the time of
application for a renewal of permit coverage.
(T) The director may adopt, amend, and rescind rules in
accordance with Chapter 119. of the Revised Code that do all of
the following:
(1) Prescribe fees to be paid by applicants for and holders
of any license, permit, variance, plan approval, or certification
required or authorized by Chapter 3704., 3734., 6109., or 6111. of
the Revised Code that are not specifically established in this
section. The fees shall be designed to defray the cost of
processing, issuing, revoking, modifying, denying, and enforcing
the licenses, permits, variances, plan approvals, and
certifications.
The director shall transmit all moneys collected under rules
adopted under division (T)(1) of this section pursuant to Chapter
6109. of the Revised Code to the treasurer of state for deposit
into the drinking water protection fund created in section 6109.30
of the Revised Code.
The director shall transmit all moneys collected under rules
adopted under division (T)(1) of this section pursuant to Chapter
6111. of the Revised Code to the treasurer of state for deposit
into the surface water protection fund created in section 6111.038
of the Revised Code.
(2) Exempt the state and political subdivisions thereof,
including education facilities or medical facilities owned by the
state or a political subdivision, or any person exempted from
taxation by section 5709.07 or 5709.12 of the Revised Code, from
any fee required by this section;
(3) Provide for the waiver of any fee, or any part thereof,
otherwise required by this section whenever the director
determines that the imposition of the fee would constitute an
unreasonable cost of doing business for any applicant, class of
applicants, or other person subject to the fee;
(4) Prescribe measures that the director considers necessary
to carry out this section.
(U) When the director reasonably demonstrates that the direct
cost to the state associated with the issuance of a permit to
install, license, variance, plan approval, or certification
exceeds the fee for the issuance or review specified by this
section, the director may condition the issuance or review on the
payment by the person receiving the issuance or review of, in
addition to the fee specified by this section, the amount, or any
portion thereof, in excess of the fee specified under this
section. The director shall not so condition issuances for which
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this
section.
(V) Except as provided in divisions (L), (M), and (P) of this
section or unless otherwise prescribed by a rule of the director
adopted pursuant to Chapter 119. of the Revised Code, all fees
required by this section are payable within thirty days after the
issuance of an invoice for the fee by the director or the
effective date of the issuance of the license, permit, variance,
plan approval, or certification. If payment is late, the person
responsible for payment of the fee shall pay an additional ten per
cent of the amount due for each month that it is late.
(W) As used in this section, "fuel-burning equipment,"
"fuel-burning equipment input capacity," "incinerator,"
"incinerator input capacity," "process," "process weight rate,"
"storage tank," "gasoline dispensing facility," "dry cleaning
facility," "design flow discharge," and "new source treatment
works" have the meanings ascribed to those terms by applicable
rules or standards adopted by the director under Chapter 3704. or
6111. of the Revised Code.
(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),
and (J) of this section, and in any other provision of this
section pertaining to fees paid pursuant to Chapter 3704. of the
Revised Code:
(1) "Facility," "federal Clean Air Act," "person," and "Title
V permit" have the same meanings as in section 3704.01 of the
Revised Code.
(2) "Title V permit program" means the following activities
as necessary to meet the requirements of Title V of the federal
Clean Air Act and 40 C.F.R. part 70, including at least:
(a) Preparing and adopting, if applicable, generally
applicable rules or guidance regarding the permit program or its
implementation or enforcement;
(b) Reviewing and acting on any application for a Title V
permit, permit revision, or permit renewal, including the
development of an applicable requirement as part of the processing
of a permit, permit revision, or permit renewal;
(c) Administering the permit program, including the
supporting and tracking of permit applications, compliance
certification, and related data entry;
(d) Determining which sources are subject to the program and
implementing and enforcing the terms of any Title V permit, not
including any court actions or other formal enforcement actions;
(e) Emission and ambient monitoring;
(f) Modeling, analyses, or demonstrations;
(g) Preparing inventories and tracking emissions;
(h) Providing direct and indirect support to small business
stationary sources to determine and meet their obligations under
the federal Clean Air Act pursuant to the small business
stationary source technical and environmental compliance
assistance program required by section 507 of that act and
established in sections 3704.18, 3704.19, and 3706.19 of the
Revised Code.
(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)
of this section, each sewage sludge facility shall pay a
nonrefundable annual sludge fee equal to three dollars and fifty
cents per dry ton of sewage sludge, including the dry tons of
sewage sludge in materials derived from sewage sludge, that the
sewage sludge facility treats or disposes of in this state. The
annual volume of sewage sludge treated or disposed of by a sewage
sludge facility shall be calculated using the first day of January
through the thirty-first day of December of the calendar year
preceding the date on which payment of the fee is due.
(2)(a) Except as provided in division (Y)(2)(d) of this
section, each sewage sludge facility shall pay a minimum annual
sewage sludge fee of one hundred dollars.
(b) The annual sludge fee required to be paid by a sewage
sludge facility that treats or disposes of exceptional quality
sludge in this state shall be thirty-five per cent less per dry
ton of exceptional quality sludge than the fee assessed under
division (Y)(1) of this section, subject to the following
exceptions:
(i) Except as provided in division (Y)(2)(d) of this section,
a sewage sludge facility that treats or disposes of exceptional
quality sludge shall pay a minimum annual sewage sludge fee of one
hundred dollars.
(ii) A sewage sludge facility that treats or disposes of
exceptional quality sludge shall not be required to pay the annual
sludge fee for treatment or disposal in this state of exceptional
quality sludge generated outside of this state and contained in
bags or other containers not greater than one hundred pounds in
capacity.
A thirty-five per cent reduction for exceptional quality
sludge applies to the maximum annual fees established under
division (Y)(3) of this section.
(c) A sewage sludge facility that transfers sewage sludge to
another sewage sludge facility in this state for further treatment
prior to disposal in this state shall not be required to pay the
annual sludge fee for the tons of sewage sludge that have been
transferred. In such a case, the sewage sludge facility that
disposes of the sewage sludge shall pay the annual sludge fee.
However, the facility transferring the sewage sludge shall pay the
one-hundred-dollar minimum fee required under division (Y)(2)(a)
of this section.
In the case of a sewage sludge facility that treats sewage
sludge in this state and transfers it out of this state to another
entity for disposal, the sewage sludge facility in this state
shall be required to pay the annual sludge fee for the tons of
sewage sludge that have been transferred.
(d) A sewage sludge facility that generates sewage sludge
resulting from an average daily discharge flow of less than five
thousand gallons per day is not subject to the fees assessed under
division (Y) of this section.
(3) No sewage sludge facility required to pay the annual
sludge fee shall be required to pay more than the maximum annual
fee for each disposal method that the sewage sludge facility uses.
The maximum annual fee does not include the additional amount that
may be charged under division (Y)(5) of this section for late
payment of the annual sludge fee. The maximum annual fee for the
following methods of disposal of sewage sludge is as follows:
(a) Incineration: five thousand dollars;
(b) Preexisting land reclamation project or disposal in a
landfill: five thousand dollars;
(c) Land application, land reclamation, surface disposal, or
any other disposal method not specified in division (Y)(3)(a) or
(b) of this section: twenty thousand dollars.
(4)(a) In the case of an entity that generates sewage sludge
or a sewage sludge facility that treats sewage sludge and
transfers the sewage sludge to an incineration facility for
disposal, the incineration facility, and not the entity generating
the sewage sludge or the sewage sludge facility treating the
sewage sludge, shall pay the annual sludge fee for the tons of
sewage sludge that are transferred. However, the entity or
facility generating or treating the sewage sludge shall pay the
one-hundred-dollar minimum fee required under division (Y)(2)(a)
of this section.
(b) In the case of an entity that generates sewage sludge and
transfers the sewage sludge to a landfill for disposal or to a
sewage sludge facility for land reclamation or surface disposal,
the entity generating the sewage sludge, and not the landfill or
sewage sludge facility, shall pay the annual sludge fee for the
tons of sewage sludge that are transferred.
(5) Not later than the first day of April of the calendar
year following March 17, 2000, and each first day of April
thereafter, the director shall issue invoices to persons who are
required to pay the annual sludge fee. The invoice shall identify
the nature and amount of the annual sludge fee assessed and state
the first day of May as the deadline for receipt by the director
of objections regarding the amount of the fee and the first day of
July as the deadline for payment of the fee.
Not later than the first day of May following receipt of an
invoice, a person required to pay the annual sludge fee may submit
objections to the director concerning the accuracy of information
regarding the number of dry tons of sewage sludge used to
calculate the amount of the annual sludge fee or regarding whether
the sewage sludge qualifies for the exceptional quality sludge
discount established in division (Y)(2)(b) of this section. The
director may consider the objections and adjust the amount of the
fee to ensure that it is accurate.
If the director does not adjust the amount of the annual
sludge fee in response to a person's objections, the person may
appeal the director's determination in accordance with Chapter
119. of the Revised Code.
Not later than the first day of June, the director shall
notify the objecting person regarding whether the director has
found the objections to be valid and the reasons for the finding.
If the director finds the objections to be valid and adjusts the
amount of the annual sludge fee accordingly, the director shall
issue with the notification a new invoice to the person
identifying the amount of the annual sludge fee assessed and
stating the first day of July as the deadline for payment.
Not later than the first day of July, any person who is
required to do so shall pay the annual sludge fee. Any person who
is required to pay the fee, but who fails to do so on or before
that date shall pay an additional amount that equals ten per cent
of the required annual sludge fee.
(6) The director shall transmit all moneys collected under
division (Y) of this section to the treasurer of state for deposit
into the surface water protection fund created in section 6111.038
of the Revised Code. The moneys shall be used to defray the costs
of administering and enforcing provisions in Chapter 6111. of the
Revised Code and rules adopted under it that govern the use,
storage, treatment, or disposal of sewage sludge.
(7) Beginning in fiscal year 2001, and every two years
thereafter, the director shall review the total amount of moneys
generated by the annual sludge fees to determine if that amount
exceeded six hundred thousand dollars in either of the two
preceding fiscal years. If the total amount of moneys in the fund
exceeded six hundred thousand dollars in either fiscal year, the
director, after review of the fee structure and consultation with
affected persons, shall issue an order reducing the amount of the
fees levied under division (Y) of this section so that the
estimated amount of moneys resulting from the fees will not exceed
six hundred thousand dollars in any fiscal year.
If, upon review of the fees under division (Y)(7) of this
section and after the fees have been reduced, the director
determines that the total amount of moneys collected and
accumulated is less than six hundred thousand dollars, the
director, after review of the fee structure and consultation with
affected persons, may issue an order increasing the amount of the
fees levied under division (Y) of this section so that the
estimated amount of moneys resulting from the fees will be
approximately six hundred thousand dollars. Fees shall never be
increased to an amount exceeding the amount specified in division
(Y)(7) of this section.
Notwithstanding section 119.06 of the Revised Code, the
director may issue an order under division (Y)(7) of this section
without the necessity to hold an adjudicatory hearing in
connection with the order. The issuance of an order under this
division is not an act or action for purposes of section 3745.04
of the Revised Code.
(8) As used in division (Y) of this section:
(a) "Sewage sludge facility" means an entity that performs
treatment on or is responsible for the disposal of sewage sludge.
(b) "Sewage sludge" means a solid, semi-solid, or liquid
residue generated during the treatment of domestic sewage in a
treatment works as defined in section 6111.01 of the Revised Code.
"Sewage sludge" includes, but is not limited to, scum or solids
removed in primary, secondary, or advanced wastewater treatment
processes. "Sewage sludge" does not include ash generated during
the firing of sewage sludge in a sewage sludge incinerator, grit
and screenings generated during preliminary treatment of domestic
sewage in a treatment works, animal manure, residue generated
during treatment of animal manure, or domestic septage.
(c) "Exceptional quality sludge" means sewage sludge that
meets all of the following qualifications:
(i) Satisfies the class A pathogen standards in 40 C.F.R.
503.32(a);
(ii) Satisfies one of the vector attraction reduction
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);
(iii) Does not exceed the ceiling concentration limitations
for metals listed in table one of 40 C.F.R. 503.13;
(iv) Does not exceed the concentration limitations for metals
listed in table three of 40 C.F.R. 503.13.
(d) "Treatment" means the preparation of sewage sludge for
final use or disposal and includes, but is not limited to,
thickening, stabilization, and dewatering of sewage sludge.
(e) "Disposal" means the final use of sewage sludge,
including, but not limited to, land application, land reclamation,
surface disposal, or disposal in a landfill or an incinerator.
(f) "Land application" means the spraying or spreading of
sewage sludge onto the land surface, the injection of sewage
sludge below the land surface, or the incorporation of sewage
sludge into the soil for the purposes of conditioning the soil or
fertilizing crops or vegetation grown in the soil.
(g) "Land reclamation" means the returning of disturbed land
to productive use.
(h) "Surface disposal" means the placement of sludge on an
area of land for disposal, including, but not limited to,
monofills, surface impoundments, lagoons, waste piles, or
dedicated disposal sites.
(i) "Incinerator" means an entity that disposes of sewage
sludge through the combustion of organic matter and inorganic
matter in sewage sludge by high temperatures in an enclosed
device.
(j) "Incineration facility" includes all incinerators owned
or operated by the same entity and located on a contiguous tract
of land. Areas of land are considered to be contiguous even if
they are separated by a public road or highway.
(k) "Annual sludge fee" means the fee assessed under division
(Y)(1) of this section.
(l) "Landfill" means a sanitary landfill facility, as defined
in rules adopted under section 3734.02 of the Revised Code, that
is licensed under section 3734.05 of the Revised Code.
(m) "Preexisting land reclamation project" means a
property-specific land reclamation project that has been in
continuous operation for not less than five years pursuant to
approval of the activity by the director and includes the
implementation of a community outreach program concerning the
activity.
Sec. 3746.02. (A) Nothing in this chapter applies to any of
the following:
(1) Property for which a voluntary action under this chapter
is precluded by federal law or regulations adopted under federal
law, including, without limitation, any of the following federal
laws or regulations adopted thereunder:
(a) The "Federal Water Pollution Control Act Amendments of
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended;
(b) The "Resource Conservation and Recovery Act of 1976," 90
Stat. 2806, 42 U.S.C.A. 6921, as amended;
(c) The "Toxic Substances Control Act," 90 Stat. 2003 (1976),
15 U.S.C.A. 2601, as amended;
(d) The "Comprehensive Environmental Response, Compensation,
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as
amended;
(e) The "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42
U.S.C.A. 300(f), as amended.
(2) Those portions of property where closure of a hazardous
waste facility or solid waste facility is required under Chapter
3734. of the Revised Code or rules adopted under it;
(3) Property or Except for a class C release as defined in
section 3737.87 of the Revised Code, properties regardless of
ownership that are subject to remediation rules adopted under the
authority of the division of fire marshal in the department of
commerce, including remediation rules adopted under sections
3737.88, 3737.882, and 3737.889 of the Revised Code;
(4) Property that is subject to Chapter 1509. of the Revised
Code;
(5) Any other property if the director of environmental
protection has issued a letter notifying the owner or operator of
the property that he the director will issue an enforcement order
under Chapter 3704., 3734., or 6111. of the Revised Code, a
release or threatened release of a hazardous substance or
petroleum from or at the property poses a substantial threat to
public health or safety or the environment, and the person subject
to the order does not present sufficient evidence to the director
that he the person has entered into the voluntary action program
under this chapter and is proceeding expeditiously to address that
threat. For the purposes of this division, the evidence
constituting sufficient evidence of entry into the voluntary
action program under this chapter shall be defined by the director
by rules adopted under section 3746.04 of the Revised Code. Until
such time as the director has adopted those rules, the director,
at a minimum, shall consider the existence of a contract with a
certified professional to appropriately respond to the threat
named in the director's letter informing the person of his the
director's intent to issue an enforcement order and the
availability of financial resources to complete the contract to be
sufficient evidence of entry into the program.
(B) The application of any provision of division (A) of this
section to a portion of property does not preclude participation
in the voluntary action program under this chapter in connection
with other portions of the property where those provisions do not
apply.
(C) As used in this section, "property" means any parcel of
real property, or portion thereof, and any improvements thereto.
Sec. 3750.081. (A) Notwithstanding any provision in this
chapter to the contrary, an owner or operator of a facility that
is regulated under Chapter 1509. of the Revised Code who has filed
a log in accordance with section 1509.10 of the Revised Code and a
production statement in accordance with section 1509.11 of the
Revised Code shall be deemed to have satisfied all of the
inventory, notification, listing, and other submission and filing
requirements established under this chapter, except for the
release reporting requirements established under section 3750.06
of the Revised Code.
(B) The emergency response commission and every local
emergency planning committee and fire department in this state
shall establish a means by which to access, view, and retrieve
information, through the use of the internet or a computer disk,
from the electronic database maintained by the division of mineral
oil and gas resources management in the department of natural
resources in accordance with section 1509.23 of the Revised Code.
With respect to facilities regulated under Chapter 1509. of the
Revised Code, the database shall be the means of providing and
receiving the information described in division (A) of this
section.
Sec. 3769.07. Except as otherwise provided in this section,
no permit shall be issued under sections 3769.01 to 3769.14 of the
Revised Code, authorizing the conduct of a live racing program for
thoroughbred horses and quarter horses at any place, track, or
enclosure except between the hours of twelve noon and seven p.m.,
for running horse-racing meetings, except that on special events
days running horse-racing meetings may begin at nine a.m. by
application to the state racing commission and except that the
seven p.m. time may be extended to eight p.m. on a Sunday or
holiday by application to the commission, and no permit shall be
issued under those sections authorizing the conduct of a live
racing program for harness horses at any place, track, or
enclosure except between the hours of twelve noon and twelve
midnight for light harness horse-racing meetings. The seven p.m.
and eight p.m. closing times described in this section shall upon
application to the commission be extended to nine eleven p.m. for
any running horse-racing meeting conducted between the fifteenth
day of May and the fifteenth day of September at a track that is
located more than twenty-five miles from a track located in this
state where a light harness horse-racing meeting, other than a
light harness horse-racing meeting at a county fair or independent
fair, is being conducted and that is located less than twenty-five
miles from a track located outside this state. A permit issued for
horse racing at a county fair shall authorize live horse racing to
begin at nine a.m.
No permit shall be granted for the holding or conducting of a
horse-racing meeting after the tenth day of December in any
calendar year, except for racing at winterized tracks. "Winterized
track" means a track with enclosed club house or grandstand,
all-weather racing track, heated facilities for jockeys or
drivers, backstretch facilities that are properly prepared for
winter racing, and adequate snow removal equipment available.
No permit shall be issued for more than an aggregate of
fifty-six racing days in any one calendar year, except that an
additional five days of racing may be approved by the commission
upon application by a permit holder and except that an additional
thirty days of racing may be granted for racing at any time after
the fifteenth day of October and prior to the fifteenth day of
March to a permit holder who has a winterized facility, but no
more than thirty such additional days may be issued at any one
track or enclosure. No more than an aggregate of fifty-six racing
days shall be issued in any one calendar year for any one race
track, place, or enclosure, except for the additional five days of
racing for each permit holder which may be approved by the
commission pursuant to this section, except as provided in
sections 3769.071 and 3769.13 of the Revised Code, except for
racing days granted as a result of a winterized facility, and
except that the commission may issue a second permit for a maximum
of fifty-six racing days for any one track, place, or enclosure,
if the commission determines that the issuance of such second
permit is not against the public interest. No such second permit
shall be issued:
(A) For the operation of racing in any county with a
population of less than seven hundred thousand or for the
operation of racing in any county which has more than one race
track at which a racing meet has been authorized, except as
provided in this division and in sections 3769.071 and 3769.13 of
the Revised Code, in the same year by the commission. A second
permit issued pursuant to this division may be issued at either or
both race tracks in a county that has only two race tracks if a
racing meet has been authorized at both race tracks in the same
year by the commission and one race track has been authorized to
conduct thoroughbred racing meets and the other race track has
been authorized to conduct harness racing meets. When such second
permit is issued pursuant to this division for racing at the one
race track, racing shall not be conducted at that race track on
the same day that racing is conducted at the other race track in
the county except by mutual agreement of the two race tracks.
(B) To any corporation having one or more shareholders owning
an interest in any other permit issued by the commission for the
operation of racing, in the same year, at any other race track,
place, or enclosure in this state;
(C) To any person, association, or trust which owns, or which
has any members owning, an interest in any other permit issued by
the commission for the operation of racing, in the same year, at
any other race track, place, or enclosure in this state.
No permit shall be issued so as to permit live racing
programs on the same hour at more than one track in one county or
on tracks in operation in 1975 within fifty miles of each other,
nor shall any other form of pari-mutuel wagering other than horse
racing be permitted within seventy-five miles of a track where
horse racing is being conducted, except that this provision shall
not apply to a horse-racing meeting held at the state fair or at a
fair conducted by a county agricultural society or at a fair
conducted by an independent agricultural society. Distribution of
days shall not apply to fairs or horse shows not required to
secure a permit under such section. Notwithstanding any other
provision of this chapter, a person, association, trust, or
corporation may own or operate two separate facilities in this
state that are conducting horse-racing meetings.
A permit, granted under sections 3769.01 to 3769.14 of the
Revised Code, shall be conspicuously displayed during the
horse-racing meeting in the principal office at such race track
and at all reasonable times shall be exhibited to any authorized
person requesting to see the same.
Sec. 3769.08. (A) Any person holding a permit to conduct a
horse-racing meeting may provide a place in the race meeting
grounds or enclosure at which the permit holder may conduct and
supervise the pari-mutuel system of wagering by patrons of legal
age on the live racing programs and simulcast racing programs
conducted by the permit holder.
The pari-mutuel method of wagering upon the live racing
programs and simulcast racing programs held at or conducted within
such race track, and at the time of such horse-racing meeting, or
at other times authorized by the state racing commission, shall
not be unlawful. No other place, except that provided and
designated by the permit holder and except as provided in section
3769.26 of the Revised Code, nor any other method or system of
betting or wagering, except the pari-mutuel system, shall be used
or permitted by the permit holder; nor, except as provided in
section 3769.089 or 3769.26 of the Revised Code, shall the
pari-mutuel system of wagering be conducted by the permit holder
on any races except the races at the race track, grounds, or
enclosure for which the person holds a permit. Each permit holder
may retain as a commission an amount not to exceed eighteen per
cent of the total of all moneys wagered.
The pari-mutuel wagering authorized by this section is
subject to sections 3769.25 to 3769.28 of the Revised Code.
(B) At the close of each racing day, each permit holder
authorized to conduct thoroughbred racing, out of the amount
retained on that day by the permit holder, shall pay by check,
draft, or money order to the tax commissioner, as a tax, a sum
equal to the following percentages of the total of all moneys
wagered on live racing programs on that day and shall separately
compute and pay by check, draft, or money order to the tax
commissioner, as a tax, a sum equal to the following percentages
of the total of all money wagered on simulcast racing programs on
that day:
(1) One per cent of the first two hundred thousand dollars
wagered, or any part of that amount;
(2) Two per cent of the next one hundred thousand dollars
wagered, or any part of that amount;
(3) Three per cent of the next one hundred thousand dollars
wagered, or any part of that amount;
(4) Four per cent of all sums over four hundred thousand
dollars wagered.
Except as otherwise provided in section 3769.089 of the
Revised Code, each permit holder authorized to conduct
thoroughbred racing shall use for purse money a sum equal to fifty
per cent of the pari-mutuel revenues retained by the permit holder
as a commission after payment of the state tax. This fifty per
cent payment shall be in addition to the purse distribution from
breakage specified in this section.
Subject to division (M) of this section, from the moneys paid
to the tax commissioner by thoroughbred racing permit holders,
one-half of one per cent of the total of all moneys so wagered on
a racing day shall be paid into the Ohio fairs fund created by
section 3769.082 of the Revised Code, one and one-eighth per cent
of the total of all moneys so wagered on a racing day shall be
paid into the Ohio thoroughbred race fund created by section
3769.083 of the Revised Code, and one-quarter of one per cent of
the total of all moneys wagered on a racing day by each permit
holder shall be paid into the state racing commission operating
fund created by section 3769.03 of the Revised Code. The required
payment to the state racing commission operating fund does not
apply to county and independent fairs and agricultural societies.
The remaining moneys may be retained by the permit holder, except
as provided in this section with respect to the odd cents
redistribution. Amounts paid into the PASSPORT nursing home
franchise permit fee fund pursuant to this section and section
3769.26 of the Revised Code shall be used solely for the support
of the PASSPORT program as determined in appropriations made by
the general assembly. If the PASSPORT program is abolished, the
amount that would have been paid to the
PASSPORT nursing home
franchise permit fee fund under this chapter shall be paid to the
general revenue fund of the state. As used in this chapter,
"PASSPORT program" means the PASSPORT program created under
section 173.40 of the Revised Code.
The total amount paid to the Ohio thoroughbred race fund
under this section and division (A) of section 3769.087 of the
Revised Code shall not exceed by more than six per cent the total
amount paid to this fund under this section and that section
during the immediately preceding calendar year.
Each year, the total amount calculated for payment into the
Ohio fairs fund under this division, division (C) of this section,
and division (A) of section 3769.087 of the Revised Code shall be
an amount calculated using the percentages specified in this
division, division (C) of this section, and division (A) of
section 3769.087 of the Revised Code.
A permit holder may contract with a thoroughbred horsemen's
organization for the organization to act as a representative of
all thoroughbred owners and trainers participating in a
horse-racing meeting conducted by the permit holder. A
"thoroughbred horsemen's organization" is any corporation or
association that represents, through membership or otherwise, more
than one-half of the aggregate of all thoroughbred owners and
trainers who were licensed and actively participated in racing
within this state during the preceding calendar year. Except as
otherwise provided in this paragraph, any moneys received by a
thoroughbred horsemen's organization shall be used exclusively for
the benefit of thoroughbred owners and trainers racing in this
state through the administrative purposes of the organization,
benevolent activities on behalf of the horsemen, promotion of the
horsemen's rights and interests, and promotion of equine research.
A thoroughbred horsemen's organization may expend not more than an
aggregate of five per cent of its annual gross receipts, or a
larger amount as approved by the organization, for dues,
assessments, and other payments to all other local, national, or
international organizations having as their primary purposes the
promotion of thoroughbred horse racing, thoroughbred horsemen's
rights, and equine research.
(C) Except as otherwise provided in division (B) of this
section, at the close of each racing day, each permit holder
authorized to conduct harness or quarter horse racing, out of the
amount retained that day by the permit holder, shall pay by check,
draft, or money order to the tax commissioner, as a tax, a sum
equal to the following percentages of the total of all moneys
wagered on live racing programs and shall separately compute and
pay by check, draft, or money order to the tax commissioner, as a
tax, a sum equal to the following percentages of the total of all
money wagered on simulcast racing programs on that day:
(1) One per cent of the first two hundred thousand dollars
wagered, or any part of that amount;
(2) Two per cent of the next one hundred thousand dollars
wagered, or any part of that amount;
(3) Three per cent of the next one hundred thousand dollars
wagered, or any part of that amount;
(4) Four per cent of all sums over four hundred thousand
dollars wagered.
Except as otherwise provided in division (B) and subject to
division (M) of this section, from the moneys paid to the tax
commissioner by permit holders authorized to conduct harness or
quarter horse racing, one-half of one per cent of all moneys
wagered on that racing day shall be paid into the Ohio fairs fund;
from the moneys paid to the tax commissioner by permit holders
authorized to conduct harness racing, five-eighths of one per cent
of all moneys wagered on that racing day shall be paid into the
Ohio standardbred development fund; and from the moneys paid to
the tax commissioner by permit holders authorized to conduct
quarter horse racing, five-eighths of one per cent of all moneys
wagered on that racing day shall be paid into the Ohio quarter
horse development fund.
(D) In addition, subject to division (M) of this section,
beginning on January 1, 1996, from the money paid to the tax
commissioner as a tax under this section and division (A) of
section 3769.087 of the Revised Code by harness horse permit
holders, one-half of one per cent of the amount wagered on a
racing day shall be paid into the Ohio standardbred development
fund. Beginning January 1, 1998, the payment to the Ohio
standardbred development fund required under this division does
not apply to county agricultural societies or independent
agricultural societies.
The total amount paid to the Ohio standardbred development
fund under this division, division (C) of this section, and
division (A) of section 3769.087 of the Revised Code and the total
amount paid to the Ohio quarter horse development fund under this
division and division (A) of that section shall not exceed by more
than six per cent the total amount paid into the fund under this
division, division (C) of this section, and division (A) of
section 3769.087 of the Revised Code in the immediately preceding
calendar year.
(E) Subject to division (M) of this section, from the money
paid as a tax under this chapter by harness and quarter horse
permit holders, one-quarter of one per cent of the total of all
moneys wagered on a racing day by each permit holder shall be paid
into the state racing commission operating fund created by section
3769.03 of the Revised Code. This division does not apply to
county and independent fairs and agricultural societies.
(F) Except as otherwise provided in section 3769.089 of the
Revised Code, each permit holder authorized to conduct harness
racing shall pay to the harness horsemen's purse pool a sum equal
to fifty per cent of the pari-mutuel revenues retained by the
permit holder as a commission after payment of the state tax. This
fifty per cent payment is to be in addition to the purse
distribution from breakage specified in this section.
(G) In addition, each permit holder authorized to conduct
harness racing shall be allowed to retain the odd cents of all
redistribution to be made on all mutual contributions exceeding a
sum equal to the next lowest multiple of ten.
Forty per cent of that portion of that total sum of such odd
cents shall be used by the permit holder for purse money for Ohio
sired, bred, and owned colts, for purse money for Ohio bred
horses, and for increased purse money for horse races. Upon the
formation of the corporation described in section 3769.21 of the
Revised Code to establish a harness horsemen's health and
retirement fund, twenty-five per cent of that portion of that
total sum of odd cents shall be paid at the close of each racing
day by the permit holder to that corporation to establish and fund
the health and retirement fund. Until that corporation is formed,
that twenty-five per cent shall be paid at the close of each
racing day by the permit holder to the tax commissioner or the tax
commissioner's agent in the county seat of the county in which the
permit holder operates race meetings. The remaining thirty-five
per cent of that portion of that total sum of odd cents shall be
retained by the permit holder.
(H) In addition, each permit holder authorized to conduct
thoroughbred racing shall be allowed to retain the odd cents of
all redistribution to be made on all mutuel contributions
exceeding a sum equal to the next lowest multiple of ten. Twenty
per cent of that portion of that total sum of such odd cents shall
be used by the permit holder for increased purse money for horse
races. Upon the formation of the corporation described in section
3769.21 of the Revised Code to establish a thoroughbred horsemen's
health and retirement fund, forty-five per cent of that portion of
that total sum of odd cents shall be paid at the close of each
racing day by the permit holder to that corporation to establish
and fund the health and retirement fund. Until that corporation is
formed, that forty-five per cent shall be paid by the permit
holder to the tax commissioner or the tax commissioner's agent in
the county seat of the county in which the permit holder operates
race meetings, at the close of each racing day. The remaining
thirty-five per cent of that portion of that total sum of odd
cents shall be retained by the permit holder.
(I) In addition, each permit holder authorized to conduct
quarter horse racing shall be allowed to retain the odd cents of
all redistribution to be made on all mutuel contributions
exceeding a sum equal to the next lowest multiple of ten, subject
to a tax of twenty-five per cent on that portion of the total sum
of such odd cents that is in excess of two thousand dollars during
a calendar year, which tax shall be paid at the close of each
racing day by the permit holder to the tax commissioner or the tax
commissioner's agent in the county seat of the county within which
the permit holder operates race meetings. Forty per cent of that
portion of that total sum of such odd cents shall be used by the
permit holder for increased purse money for horse races. The
remaining thirty-five per cent of that portion of that total sum
of odd cents shall be retained by the permit holder.
(J)(1) To encourage the improvement of racing facilities for
the benefit of the public, breeders, and horse owners, and to
increase the revenue to the state from the increase in pari-mutuel
wagering resulting from those improvements, the taxes paid by a
permit holder to the state as provided for in this chapter shall
be reduced by three-fourths of one per cent of the total amount
wagered for those permit holders who make capital improvements to
existing race tracks or construct new race tracks. The percentage
of the reduction that may be taken each racing day shall equal
seventy-five per cent of the taxes levied under divisions (B) and
(C) of this section and section 3769.087 of the Revised Code, and
division (F)(2) of section 3769.26 of the Revised Code, as
applicable, divided by the calculated amount each fund should
receive under divisions (B) and (C) of this section and section
3769.087 of the Revised Code, and division (F)(2) of section
3769.26 of the Revised Code and the reduction provided for in this
division. If the resulting percentage is less than one, that
percentage shall be multiplied by the amount of the reduction
provided for in this division. Otherwise, the permit holder shall
receive the full reduction provided for in this division. The
amount of the allowable reduction not received shall be carried
forward and applied against future tax liability. After any
reductions expire, any reduction carried forward shall be treated
as a reduction as provided for in this division.
If more than one permit holder is authorized to conduct
racing at the facility that is being built or improved, the cost
of the new race track or capital improvement shall be allocated
between or among all the permit holders in the ratio that the
permit holders' number of racing days bears to the total number of
racing days conducted at the facility.
A reduction for a new race track or a capital improvement
shall start from the day racing is first conducted following the
date actual construction of the new race track or each capital
improvement is completed and the construction cost has been
approved by the racing commission, unless otherwise provided in
this section. A reduction for a new race track or a capital
improvement shall continue for a period of twenty-five years for
new race tracks and for fifteen years for capital improvements if
the construction of the capital improvement or new race track
commenced prior to March 29, 1988, and for a period of ten years
for new race tracks or capital improvements if the construction of
the capital improvement or new race track commenced on or after
March 29, 1988, but before
the effective date of this amendment
June 6, 2001, or until the total tax reduction reaches seventy per
cent of the approved cost of the new race track or capital
improvement, as allocated to each permit holder, whichever occurs
first. A reduction for a new race track or a capital improvement
approved after
the effective date of this amendment
June 6, 2001,
shall continue until the total tax reduction reaches one hundred
per cent of the approved cost of the new race track or capital
improvement, as allocated to each permit holder.
A reduction granted for a new race track or a capital
improvement, the application for which was approved by the racing
commission after March 29, 1988, but before
the effective date of
this amendment
June 6, 2001, shall not commence nor shall the
ten-year period begin to run until all prior tax reductions with
respect to the same race track have ended. The total tax reduction
because of capital improvements shall not during any one year
exceed for all permit holders using any one track three-fourths of
one per cent of the total amount wagered, regardless of the number
of capital improvements made. Several capital improvements to a
race track may be consolidated in an application if the racing
commission approved the application prior to March 29, 1988. No
permit holder may receive a tax reduction for a capital
improvement approved by the racing commission on or after March
29, 1988, at a race track until all tax reductions have ended for
all prior capital improvements approved by the racing commission
under this section or section 3769.20 of the Revised Code at that
race track. If there are two or more permit holders operating
meetings at the same track, they may consolidate their
applications. The racing commission shall notify the tax
commissioner when the reduction of tax begins and when it ends.
Each fiscal year the racing commission shall submit a report
to the tax commissioner, the office of budget and management, and
the legislative service commission. The report shall identify each
capital improvement project undertaken under this division and in
progress at each race track, indicate the total cost of each
project, state the tax reduction that resulted from each project
during the immediately preceding fiscal year, estimate the tax
reduction that will result from each project during the current
fiscal year, state the total tax reduction that resulted from all
such projects at all race tracks during the immediately preceding
fiscal year, and estimate the total tax reduction that will result
from all such projects at all race tracks during the current
fiscal year.
(2) In order to qualify for the reduction in tax, a permit
holder shall apply to the racing commission in such form as the
commission may require and shall provide full details of the new
race track or capital improvement, including a schedule for its
construction and completion, and set forth the costs and expenses
incurred in connection with it. The racing commission shall not
approve an application unless the permit holder shows that a
contract for the new race track or capital improvement has been
let under an unrestricted competitive bidding procedure, unless
the contract is exempted by the controlling board because of its
unusual nature. In determining whether to approve an application,
the racing commission shall consider whether the new race track or
capital improvement will promote the safety, convenience, and
comfort of the racing public and horse owners and generally tend
towards the improvement of racing in this state.
(3) If a new race track or capital improvement is approved by
the racing commission and construction has started, the tax
reduction may be authorized by the commission upon presentation of
copies of paid bills in excess of one hundred thousand dollars or
ten per cent of the approved cost, whichever is greater. After the
initial authorization, the permit holder shall present copies of
paid bills. If the permit holder is in substantial compliance with
the schedule for construction and completion of the new race track
or capital improvement, the racing commission may authorize the
continuation of the tax reduction upon the presentation of the
additional paid bills. The total amount of the tax reduction
authorized shall not exceed the percentage of the approved cost of
the new race track or capital improvement specified in division
(J)(1) of this section. The racing commission may terminate any
tax reduction immediately if a permit holder fails to complete the
new race track or capital improvement, or to substantially comply
with the schedule for construction and completion of the new race
track or capital improvement. If a permit holder fails to complete
a new race track or capital improvement, the racing commission
shall order the permit holder to repay to the state the total
amount of tax reduced. The normal tax paid by the permit holder
shall be increased by three-fourths of one per cent of the total
amount wagered until the total amount of the additional tax
collected equals the total amount of tax reduced.
(4) As used in this section:
(a) "Capital improvement" means an addition, replacement, or
remodeling of a structural unit of a race track facility costing
at least one hundred thousand dollars, including, but not limited
to, the construction of barns used exclusively for the race track
facility, backstretch facilities for horsemen, paddock facilities,
new pari-mutuel and totalizator equipment and appurtenances to
that equipment purchased by the track, new access roads, new
parking areas, the complete reconstruction, reshaping, and
leveling of the racing surface and appurtenances, the installation
of permanent new heating or air conditioning, roof replacement or
restoration, installations of a permanent nature forming a part of
the track structure, and construction of buildings that are
located on a permit holder's premises. "Capital improvement" does
not include the cost of replacement of equipment that is not
permanently installed, ordinary repairs, painting, and maintenance
required to keep a race track facility in ordinary operating
condition.
(b) "New race track" includes the reconstruction of a race
track damaged by fire or other cause that has been declared by the
racing commission, as a result of the damage, to be an inadequate
facility for the safe operation of horse racing.
(c) "Approved cost" includes all debt service and interest
costs that are associated with a capital improvement or new race
track and that the racing commission approves for a tax reduction
under division (J) of this section.
(5) The racing commission shall not approve an application
for a tax reduction under this section if it has reasonable cause
to believe that the actions or negligence of the permit holder
substantially contributed to the damage suffered by the track due
to fire or other cause. The racing commission shall obtain any
data or information available from a fire marshal, law enforcement
official, or insurance company concerning any fire or other damage
suffered by a track, prior to approving an application for a tax
reduction.
(6) The approved cost to which a tax reduction applies shall
be determined by generally accepted accounting principles and
verified by an audit of the permit holder's records upon
completion of the project by the racing commission, or by an
independent certified public accountant selected by the permit
holder and approved by the commission.
(K) No other license or excise tax or fee, except as provided
in sections 3769.01 to 3769.14 of the Revised Code, shall be
assessed or collected from such licensee by any county, township,
district, municipal corporation, or other body having power to
assess or collect a tax or fee. That portion of the tax paid under
this section by permit holders for racing conducted at and during
the course of an agricultural exposition or fair, and that portion
of the tax that would have been paid by eligible permit holders
into the PASSPORT nursing home franchise permit fee fund as a
result of racing conducted at and during the course of an
agricultural exposition or fair, shall be deposited into the state
treasury to the credit of the horse racing tax fund, which is
hereby created for the use of the agricultural societies of the
several counties in which the taxes originate. The state racing
commission shall determine eligible permit holders for purposes of
the preceding sentence, taking into account the breed of horse,
the racing dates, the geographic proximity to the fair, and the
best interests of Ohio racing. On the first day of any month on
which there is money in the fund, the tax commissioner shall
provide for payment to the treasurer of each agricultural society
the amount of the taxes collected under this section upon racing
conducted at and during the course of any exposition or fair
conducted by the society.
(L) From the tax paid under this section by harness track
permit holders, the tax commissioner shall pay into the Ohio
thoroughbred race fund a sum equal to a percentage of the amount
wagered upon which the tax is paid. The percentage shall be
determined by the tax commissioner and shall be rounded to the
nearest one-hundredth. The percentage shall be such that, when
multiplied by the amount wagered upon which tax was paid by the
harness track permit holders in the most recent year for which
final figures are available, it results in a sum that
substantially equals the same amount of tax paid by the tax
commissioner during that year into the Ohio fairs fund from taxes
paid by thoroughbred permit holders. This division does not apply
to county and independent fairs and agricultural societies.
(M) Twenty-five per cent of the taxes levied on thoroughbred
racing permit holders, harness racing permit holders, and quarter
horse racing permit holders under this section, division (A) of
section 3769.087 of the Revised Code, and division (F)(2) of
section 3769.26 of the Revised Code shall be paid into the
PASSPORT nursing home franchise permit fee fund. The tax
commissioner shall pay any money remaining, after the payment into
the
PASSPORT nursing home franchise permit fee fund and the
reductions provided for in division (J) of this section and in
section 3769.20 of the Revised Code, into the Ohio fairs fund,
Ohio thoroughbred race fund, Ohio standardbred development fund,
Ohio quarter horse fund, and state racing commission operating
fund as prescribed in this section and division (A) of section
3769.087 of the Revised Code. The tax commissioner shall
thereafter use and apply the balance of the money paid as a tax by
any permit holder to cover any shortage in the accounts of such
funds resulting from an insufficient payment as a tax by any other
permit holder. The moneys received by the tax commissioner shall
be deposited weekly and paid by the tax commissioner into the
funds to cover the total aggregate amount due from all permit
holders to the funds, as calculated under this section and
division (A) of section 3769.087 of the Revised Code, as
applicable. If, after the payment into the
PASSPORT nursing home
franchise permit fee fund, sufficient funds are not available from
the tax deposited by the tax commissioner to pay the required
amounts into the Ohio fairs fund, Ohio standardbred development
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and
the state racing commission operating fund, the tax commissioner
shall prorate on a proportional basis the amount paid to each of
the funds. Any shortage to the funds as a result of a proration
shall be applied against future deposits for the same calendar
year when funds are available. After this application, the tax
commissioner shall pay any remaining money paid as a tax by all
permit holders into the
PASSPORT nursing home franchise permit fee
fund. This division does not apply to permit holders conducting
racing at the course of an agricultural exposition or fair as
described in division (K) of this section.
Sec. 3769.20. (A) To encourage the renovation of existing
racing facilities for the benefit of the public, breeders, and
horse owners and to increase the revenue to the state from the
increase in pari-mutuel wagering resulting from such improvement,
the taxes paid by a permit holder to the state, in excess of the
amount paid into the
PASSPORT nursing home franchise permit fee
fund, shall be reduced by one per cent of the total amount wagered
for those permit holders who carry out a major capital improvement
project. The percentage of the reduction that may be taken each
racing day shall equal seventy-five per cent of the amount of the
taxes levied under divisions (B) and (C) of section 3769.08,
section 3769.087, and division (F)(2) of section 3769.26 of the
Revised Code, as applicable, divided by the calculated amount each
fund should receive under divisions (B) and (C) of section
3769.08, section 3769.087, and division (F)(2) of section 3769.26
of the Revised Code and the reduction provided for in this
section. If the resulting percentage is less than one, that
percentage shall be multiplied by the amount of the reduction
provided for in this section. Otherwise, the permit holder shall
receive the full reduction provided for in this section. The
amount of the allowable reduction not received shall be carried
forward and added to any other reduction balance and applied
against future tax liability. After any reductions expire, any
reduction carried forward shall be treated as a reduction as
provided for in this section. If the amount of allowable reduction
exceeds the amount of taxes derived from a permit holder, the
amount of the allowable reduction not used may be carried forward
and applied against future tax liability.
If more than one permit holder is authorized to conduct
racing at the facility that is being improved, the cost of the
major capital improvement project shall be allocated between or
among all the permit holders in the ratio that each permit
holder's number of racing days bears to the total number of racing
days conducted at the facility.
A reduction for a major capital improvement project shall
start from the day racing is first conducted following the date on
which the major capital improvement project is completed and the
construction cost has been approved by the state racing
commission, except as otherwise provided in division (E) of this
section, and shall continue until the total tax reduction equals
the cost of the major capital improvement project plus debt
service applicable to the project. In no event, however, shall any
tax reduction, excluding any reduction balances, be permitted
under this section after December 31, 2014 2017. The total tax
reduction because of the major capital improvement project shall
not during any one year exceed for all permit holders using any
one track one per cent of the total amount wagered. The racing
commission shall notify the tax commissioner when the reduction of
tax begins and when it ends.
(B) Each fiscal year, the racing commission shall submit a
report to the tax commissioner, the office of budget and
management, and the legislative service commission. The report
shall identify each capital improvement project undertaken under
this section and in progress at each race track, indicate the
total cost of each project, state the tax reduction that resulted
from each project during the immediately preceding fiscal year,
estimate the tax reduction that will result from each project
during the current fiscal year, state the total tax reduction that
resulted from all such projects at all race tracks during the
immediately preceding fiscal year, and estimate the total tax
reduction that will result from all such projects at all race
tracks during the current fiscal year.
(C) The tax reduction granted pursuant to this section shall
be in addition to any tax reductions for capital improvements and
new race tracks provided for in section 3769.08 of the Revised
Code and approved by the racing commission.
(D) In order to qualify for the reduction in tax, a permit
holder shall apply to the racing commission in such form as the
commission may require and shall provide full details of the major
capital improvement project, including plans and specifications, a
schedule for the project's construction and completion, and a
breakdown of proposed costs. In addition, the permit holder shall
have commenced construction of the major capital improvement
project or shall have had the application for the project approved
by the racing commission prior to March 29, 1988. The racing
commission shall not approve an application unless the permit
holder shows that a contract for the major capital improvement
project has been let under an unrestricted competitive bidding
procedure, unless the contract is exempted by the controlling
board because of its unusual nature. In determining whether to
approve an application, the racing commission shall consider
whether the major capital improvement project will promote the
safety, convenience, and comfort of the racing public and horse
owners and generally tend toward the improvement of racing in this
state.
(E) If the major capital improvement project is approved by
the racing commission and construction has started, the tax
reduction may be authorized by the commission upon presentation of
copies of paid bills in excess of five hundred thousand dollars.
After the initial authorization, the permit holder shall present
copies of paid bills in the amount of not less than five hundred
thousand dollars. If the permit holder is in substantial
compliance with the schedule for construction and completion of
the major capital improvement project, the racing commission may
authorize the continuance of the tax reduction upon the
presentation of the additional paid bills in increments of five
hundred thousand dollars. The racing commission may terminate the
tax reduction if a permit holder fails to complete the major
capital improvement project or fails to comply substantially with
the schedule for construction and completion of the major capital
improvement project. If the time for completion of the major
capital improvement project is delayed by acts of God, strikes, or
the unavailability of labor or materials, the time for completion
as set forth in the schedule shall be extended by the period of
the delay. If a permit holder fails to complete the major capital
improvement project, the racing commission shall order the permit
holder to repay to the state the total amount of tax reduced,
unless the permit holder has spent at least six million dollars on
the project. The normal tax paid by the permit holder under
section 3769.08 of the Revised Code shall be increased by one per
cent of the total amount wagered until the total amount of the
additional tax collected equals the total amount of tax reduced.
Any action taken by the racing commission pursuant to this section
in terminating the tax adjustment or requiring repayment of the
amount of tax reduced shall be subject to Chapter 119. of the
Revised Code.
(F) As used in this section, "major capital improvement
project" means the renovation, reconstruction, or remodeling,
costing at least six million dollars, of a race track facility,
including, but not limited to, the construction of barns used
exclusively for that race track facility, backstretch facilities
for horsemen, paddock facilities, pari-mutuel and totalizator
equipment and appurtenances to that equipment purchased by the
track, new access roads, new parking areas, the complete
reconstruction, reshaping, and leveling of the racing surface and
appurtenances, grandstand enclosure, installation of permanent new
heating or air conditioning, roof replacement, and installations
of a permanent nature forming a part of the track structure.
(G) The cost and expenses to which the tax reduction granted
under this section applies shall be determined by generally
accepted accounting principles and be verified by an audit of the
permit holder's records, upon completion of the major capital
improvement project, either by the racing commission or by an
independent certified public accountant selected by the permit
holder and approved by the commission.
(H) This section and section 3769.201 of the Revised Code
govern any tax reduction granted to a permit holder for the cost
to the permit holder of any cleanup, repair, or improvement
required as a result of damage caused by the 1997 Ohio river flood
to the place, track, or enclosure for which the permit is issued.
Sec. 3769.26. (A)(1) Except as otherwise provided in
division (B) of this section, each track in existence on September
27, 1994, regardless of the number of permit holders authorized to
conduct race meetings at the track, may establish, with the
approval of the state racing commission and the appropriate local
legislative authority, not more than two satellite facilities at
which it may conduct pari-mutuel wagering on horse races conducted
either inside or outside this state and simulcast by a simulcast
host to the satellite facilities.
(2) Prior to a track's establishing satellite facilities
under this section, the permit holders at that track shall agree
among themselves regarding their respective rights and obligations
with respect to those satellite facilities.
(3)(a) Any track that desires to establish a satellite
facility shall provide written notification of its intent to the
state racing commission and to the appropriate local legislative
authority that is required to approve the satellite facility,
together with detailed plans and specifications for the satellite
facility. The commission shall deliver copies of this notification
to all other tracks in this state, and the commission shall,
within forty-five days after receiving the notification, hold a
hearing on the track's intent to establish a satellite facility.
At this hearing the commission shall consider the evidence
presented and determine whether the request for establishment of a
satellite facility shall be approved.
The commission shall not approve a track's request to
establish a satellite facility if the owner of the premises where
the satellite facility is proposed to be located or if the
proposed operator of the satellite facility has been convicted of
or has pleaded guilty to a gambling offense that is a felony or
any other felony under the laws of this state, any other state, or
the United States that the commission determines to be related to
fitness to be the owner of such a premises or to be the operator
of a satellite facility. As used in division (A)(3)(a) of this
section, "gambling offense" has the same meaning as in section
2915.01 of the Revised Code and "operator" means the individual
who is responsible for the day-to-day operations of a satellite
facility. The commission shall conduct a background investigation
on each person who is the owner of a premises where a satellite
facility is proposed to be located or who is proposed to be the
operator or an employee of a satellite facility. The commission
shall adopt rules in accordance with Chapter 119. of the Revised
Code that specify the specific information the commission shall
collect in conducting such a background investigation.
No track shall knowingly contract with a person as the owner
of the premises where a satellite facility is located, or
knowingly employ a person as the operator or an employee of a
satellite facility, who has been convicted of or pleaded guilty to
a gambling offense that is a felony or any other felony under the
laws of this state, any other state, or the United States that the
commission determines to be related to fitness to be the owner of
such a premises or to be the operator or an employee of a
satellite facility. The commission may impose a fine in an amount
not to exceed ten thousand dollars on any track that violates any
of these prohibitions.
(b) Each track that receives the notification described in
division (A)(3)(a) of this section shall notify the commission and
the track that desires to establish the satellite facility, within
thirty days after receiving the notification from the commission,
indicating whether or not it desires to participate in the joint
ownership of the facility. Ownership shall be distributed equally
among the tracks that choose to participate in the joint ownership
of the facility unless the participating tracks agree to and
contract otherwise. Tracks that fail to respond to the commission
and the track that desires to establish the satellite facility
within this thirty-day period regarding the ownership of the
particular satellite facility are not eligible to participate in
its ownership.
(B) If, within three years after September 27, 1994, a track
in existence on September 27, 1994, does not establish both of the
satellite facilities it is authorized to establish under division
(A) of this section, another track, with the approval of the
racing commission, may establish in accordance with this section a
number of additional satellite facilities that does not exceed the
number of satellite facilities that the first track did not
establish. However, no more than fourteen satellite facilities may
be established in this state.
(C) Except as otherwise provided in this division, each
permit holder in this state shall allow the races that it
conducts, and the races conducted outside this state that it
receives as a simulcast host, to be simulcast to all satellite
facilities operating in this state and shall take all action
necessary to supply its simulcast and wagering information to
these satellite facilities. A permit holder at a track where the
average daily amount wagered for all race meetings during calendar
year 1990 did not exceed two hundred fifty thousand dollars may
elect not to simulcast its races to the satellite facilities. If a
permit holder at such a track chooses to simulcast its races to
satellite facilities, it shall allow its races to be simulcast to
all satellite facilities operating in this state. Except as
otherwise provided in this division, each satellite facility shall
receive simulcasts of and conduct pari-mutuel wagering on all live
racing programs being conducted at any track in this state and on
all agreed simulcast racing programs, as provided in division (D)
of section 3769.089 of the Revised Code, conducted in other states
that are received by simulcast in this state, without regard to
the breed of horse competing in the race or the time of day of the
race.
No satellite facility may receive simulcasts of horse races
during the same hours that a county fair or independent fair
located within the same county as the satellite facility is
conducting pari-mutuel wagering on horse races at that county or
independent fair.
Except as otherwise provided in this division, the commission
shall not approve the establishment of a satellite facility within
a radius of fifty miles of any track. The commission may approve
the establishment of a satellite facility at a location within a
radius of at least thirty-five but not more than fifty miles from
one or more tracks if all of the holders of permits issued for
those tracks consent in writing to the establishment of the
satellite facility. The commission may approve the establishment
of a satellite facility at a location within a radius of
thirty-five miles of more than one race track if all holders of
permits issued for those tracks consent in writing to the
establishment of the satellite facility and, if the tracks are
located completely within one county and the proposed satellite
facility will be located within that county, if both the
legislative authority of the municipal corporation in that county
with the largest population, and the appropriate legislative
authority that is required to approve the satellite facility under
division (A)(1) of this section, approve the establishment of the
new satellite facility. The commission may approve the
establishment of a satellite facility at a location within a
radius of less than twenty miles from an existing satellite
facility if the owner of the existing satellite facility consents
in writing to the establishment of the new satellite facility.
A satellite facility shall not receive simulcasts of horse
races conducted outside this state on any day when no simulcast
host is operating.
(D) Each simulcast host is responsible for paying all costs
associated with the up-link for simulcasts. Each satellite
facility is responsible for paying all costs associated with the
reception of simulcasts and the operation of the satellite
facility.
(E) All money wagered at the simulcast host, and all money
wagered at all satellite facilities on races simulcast from the
simulcast host, shall be included in a common pari-mutuel pool at
the simulcast host. Except as otherwise provided in division
(F)(6) of this section, the payment shall be the same for all
winning tickets whether a wager is placed at a simulcast host or a
satellite facility. Wagers placed at a satellite facility shall
conform in denomination, character, terms, conditions, and in all
other respects to wagers placed at the simulcast host for the same
race.
(F)(1) As used in division (F) of this section, "effective
rate" means the effective gross tax percentage applicable at the
simulcast host, determined in accordance with sections 3769.08 and
3769.087 of the Revised Code, after combining the money wagered at
the simulcast host with the money wagered at satellite facilities
on races simulcast from the host track.
(2) For the purposes of calculating the amount of taxes to be
paid and the amount of commissions to be retained by permit
holders, fifty per cent of the amount wagered at satellite
facilities on a live racing program simulcast from a simulcast
host shall be allocated to the permit holder's live race wagering
at that simulcast host that conducts the live racing program, and
fifty per cent of the amount wagered at satellite facilities on
simulcast racing programs conducted outside this state shall be
allocated to, and apportioned equally among, the permit holders
acting as simulcast hosts for the out-of-state simulcast racing
programs. The remainder of the amount wagered at a satellite
facility on races simulcast from a simulcast host shall be
allocated to the satellite facility. In computing the tax due on
the amount allocated to the satellite facility, if there is more
than one simulcast host for out-of-state simulcast racing
programs, the effective rate applied by the satellite facility
shall be the tax rate applicable to the simulcast host that pays
the highest effective rate under section 3769.08 of the Revised
Code on such simulcast racing programs.
(3) The portion of the amount wagered that is allocated to a
simulcast host under division (F)(2) of this section shall be
treated, for the purposes of calculating the amount of taxes to be
paid and commissions to be retained, as having been wagered at the
simulcast host on a live racing program or on a simulcast racing
program. The permit holder at the simulcast host shall pay, by
check, draft, or money order to the state tax commissioner, as a
tax, the tax specified in sections 3769.08 and 3769.087 of the
Revised Code, as applicable, except that the tax shall be
calculated using the effective rate, and the permit holder may
retain as a commission the percentage of the amount wagered as
specified in those sections. From the tax collected, the tax
commissioner shall make distributions to the respective funds, and
in the proper amounts, as required by sections 3769.08 and
3769.087 of the Revised Code, as applicable.
(4) From the portion of the amount wagered that is allocated
to a satellite facility under division (F)(2) of this section, the
satellite facility may retain as a commission the amount specified
in section 3769.08 or 3769.087 of the Revised Code, as applicable.
The portion of the amount wagered that is allocated to a satellite
facility shall be subject to tax at the effective rate as follows:
(a) One per cent of such amount allocated to the satellite
facility shall be paid as a tax each racing day to the tax
commissioner for deposit into the PASSPORT nursing home franchise
permit fee fund.
(b) The remaining balance of the taxes calculated at the
effective rate, after payment of the tax specified in division
(F)(4)(a) of this section, shall be retained by the satellite
facility to pay for those costs associated with the reception of
the simulcasts.
(5) From the commission retained by a satellite facility
after the deduction of the tax paid at the effective rate under
division (F)(4) of this section, the satellite facility shall
retain an amount equal to two and three-eighths per cent of the
amount wagered that day on simulcast racing programs and the
balance shall be divided as follows:
(a) One-half shall be paid to the owner of the satellite
facility;
(b) One-half shall be paid to the state racing commission for
deposit into the Ohio combined simulcast horse racing purse fund.
(6) In addition to the commission retained under this
section, a satellite facility shall retain two and one-half per
cent of the amount that would otherwise be paid on each winning
wager unless the retention of this amount would either cause or
add to a minus pool. As used in division (F)(6) of this section,
"minus pool" means a wagering pool in which a winning wager is
paid off at less than one hundred ten per cent of the amount of
the wager. The amount retained shall be paid each racing day to
the tax commissioner for deposit into the PASSPORT nursing home
franchise permit fee fund.
(7) At the close of each day, each satellite facility shall
pay, by check, draft, or money order, or by wire transfer of
funds, out of the money retained on that day to the collection and
settlement agent the required fee to be paid by the simulcast host
to the tracks, racing associations, or state regulatory agencies
located outside this state for simulcasts into this state computed
and based on one-half of the amount wagered at the satellite
facility that day on interstate simulcast racing programs.
(G) No license, fee, or excise tax, other than as specified
in division (F)(6) of this section, shall be assessed upon or
collected from a satellite facility, the owners of a satellite
facility, or the holders of permits issued for a track that has
established a satellite facility by any county, township,
municipal corporation, district, or other body having the
authority to assess or collect a tax or fee.
(H) In no case shall that portion of the commissions
designated for purses from satellite facilities be less than that
portion of those commissions designated for purses at the
simulcast host.
(I) It is the intention of the general assembly in enacting
this section not to adversely affect the amounts paid into the
Ohio thoroughbred race fund created under section 3769.083 of the
Revised Code. Therefore, each track that acts as a simulcast host
under this section shall calculate, on a semi-annual basis during
calendar years 1994, 1995, and 1996, its average daily
contribution to the Ohio thoroughbred race fund created under
section 3769.083 of the Revised Code on those days on which the
track conducted live horse racing. If this average daily
contribution to the fund is less than the average daily
contribution from the same track to the fund during the same
six-month period of calendar year 1992, there shall be contributed
to the fund an amount equal to the average daily shortfall
multiplied by the number of days of live racing conducted during
the six-month period in calendar year 1994, 1995, or 1996, as
applicable. The amount of such contribution shall be allocated
among the simulcast host, the purse program at the simulcast host,
and the satellite facilities for which the track served as the
simulcast host, on a pro rata basis in proportion to the amounts
contributed by them to the fund during such six-month period in
calendar year 1994, 1995, or 1996, as applicable.
Sec. 3770.03. (A) The state lottery commission shall
promulgate rules under which a statewide lottery may be conducted,
which includes, and since the original enactment of this section
has included, the authority for the commission to operate video
lottery terminal games. Any reference in this chapter to tickets
shall not be construed to in any way limit the authority of the
commission to operate video lottery terminal games. Nothing in
this chapter shall restrict the authority of the commission to
promulgate rules related to the operation of games utilizing video
lottery terminals as described in section 3770.21 of the Revised
Code. The rules shall be promulgated pursuant to Chapter 119. of
the Revised Code, except that instant game rules shall be
promulgated pursuant to section 111.15 of the Revised Code but are
not subject to division (D) of that section. Subjects covered in
these rules shall include, but need not be limited to, the
following:
(1) The type of lottery to be conducted;
(2) The prices of tickets in the lottery;
(3) The type of notices that shall appear on lottery tickets,
including one that shall appear if the word "education" is used in
any advertising for a statewide lottery, which must include
information as to the percentage that lottery profits contribute
to all education funding in the state;
(4) The number, nature, and value of prize awards, the manner
and frequency of prize drawings, and the manner in which prizes
shall be awarded to holders of winning tickets.
(B) The commission shall promulgate rules, in addition to
those described in division (A) of this section, pursuant to
Chapter 119. of the Revised Code under which a statewide lottery
and statewide joint lottery games may be conducted. Subjects
covered in these rules shall include, but not be limited to, the
following:
(1) The locations at which lottery tickets may be sold and
the manner in which they are to be sold. These rules may authorize
the sale of lottery tickets by commission personnel or other
licensed individuals from traveling show wagons at the state fair,
and at any other expositions the director of the commission
considers acceptable. These rules shall prohibit commission
personnel or other licensed individuals from soliciting from an
exposition the right to sell lottery tickets at that exposition,
but shall allow commission personnel or other licensed individuals
to sell lottery tickets at an exposition if the exposition
requests commission personnel or licensed individuals to do so.
These rules may also address the accessibility of sales agent
locations to commission products in accordance with the "Americans
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101
et seq.
(2) The manner in which lottery sales revenues are to be
collected, including authorization for the director to impose
penalties for failure by lottery sales agents to transfer revenues
to the commission in a timely manner;
(3) The amount of compensation to be paid licensed lottery
sales agents;
(4) The substantive criteria for the licensing of lottery
sales agents consistent with section 3770.05 of the Revised Code,
and procedures for revoking or suspending their licenses
consistent with Chapter 119. of the Revised Code. If
circumstances, such as the nonpayment of funds owed by a lottery
sales agent, or other circumstances related to the public safety,
convenience, or trust, require immediate action, the director may
suspend a license without affording an opportunity for a prior
hearing under section 119.07 of the Revised Code.
(5) Special game rules to implement any agreements signed by
the governor that the director enters into with other lottery
jurisdictions under division (J) of section 3770.02 of the Revised
Code to conduct statewide joint lottery games. The rules shall
require that the entire net proceeds of those games that remain,
after associated operating expenses, prize disbursements, lottery
sales agent bonuses, commissions, and reimbursements, and any
other expenses necessary to comply with the agreements or the
rules are deducted from the gross proceeds of those games, be
transferred to the lottery profits education fund under division
(B) of section 3770.06 of the Revised Code.
(6) Any other subjects the commission determines are
necessary for the operation of video lottery terminal games,
including the establishment of any fees, fines, or payment
schedules.
(C) Chapter 2915. of the Revised Code does not apply to,
affect, or prohibit lotteries conducted pursuant to this chapter.
(D) The commission may promulgate rules, in addition to those
described in divisions (A) and (B) of this section, that establish
standards governing the display of advertising and celebrity
images on lottery tickets and on other items that are used in the
conduct of, or to promote, the statewide lottery and statewide
joint lottery games. Any revenue derived from the sale of
advertising displayed on lottery tickets and on those other items
shall be considered, for purposes of section 3770.06 of the
Revised Code, to be related proceeds in connection with the
statewide lottery or gross proceeds from statewide joint lottery
games, as applicable.
(E)(1) The commission shall meet with the director at least
once each month and shall convene other meetings at the request of
the chairperson or any five of the members. No action taken by the
commission shall be binding unless at least five of the members
present vote in favor of the action. A written record shall be
made of the proceedings of each meeting and shall be transmitted
forthwith to the governor, the president of the senate, the senate
minority leader, the speaker of the house of representatives, and
the house minority leader.
(2) The director shall present to the commission a report
each month, showing the total revenues, prize disbursements, and
operating expenses of the state lottery for the preceding month.
As soon as practicable after the end of each fiscal year, the
commission shall prepare and transmit to the governor and the
general assembly a report of lottery revenues, prize
disbursements, and operating expenses for the preceding fiscal
year and any recommendations for legislation considered necessary
by the commission.
Sec. 3770.031. The notice that the state lottery commission
determines shall appear on lottery tickets under division (A)(3)
of section 3770.03 of the Revised Code to provide information as
to what percentage that lottery profits contribute to all
education funding in the state also shall appear on any television
advertising for the Ohio lottery and on the first page of the web
site for the Ohio lottery.
Sec. 3770.05. (A) As used in this section, "person" means
any person, association, corporation, partnership, club, trust,
estate, society, receiver, trustee, person acting in a fiduciary
or representative capacity, instrumentality of the state or any of
its political subdivisions, or any other combination of
individuals meeting the requirements set forth in this section or
established by rule or order of the state lottery commission.
(B) The director of the state lottery commission may license
any person as a lottery sales agent. No license shall be issued to
any person or group of persons to engage in the sale of lottery
tickets as the person's or group's sole occupation or business.
Before issuing any license to a lottery sales agent, the
director shall consider all of the following:
(1) The financial responsibility and security of the
applicant and the applicant's business or activity;
(2) The accessibility of the applicant's place of business or
activity to the public;
(3) The sufficiency of existing licensed agents to serve the
public interest;
(4) The volume of expected sales by the applicant;
(5) Any other factors pertaining to the public interest,
convenience, or trust.
(C) Except as otherwise provided in division (F) of this
section, the director of the state lottery commission shall refuse
to grant, or shall suspend or revoke, a license if the applicant
or licensee:
(1) Has been convicted of a felony or has been convicted of a
crime involving moral turpitude;
(2) Has been convicted of an offense that involves illegal
gambling;
(3) Has been found guilty of fraud or misrepresentation in
any connection;
(4) Has been found to have violated any rule or order of the
commission; or
(5) Has been convicted of illegal trafficking in supplemental
nutrition assistance program benefits.
(D) Except as otherwise provided in division (F) of this
section, the director of the state lottery commission shall refuse
to grant, or shall suspend or revoke, a license if the applicant
or licensee is a corporation and any of the following applies:
(1) Any of the corporation's directors, officers, or
controlling shareholders has been found guilty of any of the
activities specified in divisions (C)(1) to (5) of this section;
(2) It appears to the director of the state lottery
commission that, due to the experience, character, or general
fitness of any director, officer, or controlling shareholder of
the corporation, the granting of a license as a lottery sales
agent would be inconsistent with the public interest, convenience,
or trust;
(3) The corporation is not the owner or lessee of the
business at which it would conduct a lottery sales agency pursuant
to the license applied for;
(4) Any person, firm, association, or corporation other than
the applicant or licensee shares or will share in the profits of
the applicant or licensee, other than receiving dividends or
distributions as a shareholder, or participates or will
participate in the management of the affairs of the applicant or
licensee.
(E)(1) The director of the state lottery commission shall
refuse to grant a license to an applicant for a lottery sales
agent license and shall revoke a lottery sales agent license if
the applicant or licensee is or has been convicted of a violation
of division (A) or (C)(1) of section 2913.46 of the Revised Code.
(2) The director shall refuse to grant a license to an
applicant for a lottery sales agent license that is a corporation
and shall revoke the lottery sales agent license of a corporation
if the corporation is or has been convicted of a violation of
division (A) or (C)(1) of section 2913.46 of the Revised Code.
(F) The director of the state lottery commission shall
request the bureau of criminal identification and investigation,
the department of public safety, or any other state, local, or
federal agency to supply the director with the criminal records of
any applicant for a lottery sales agent license, and may
periodically request the criminal records of any person to whom a
lottery sales agent license has been issued. At or prior to the
time of making such a request, the director shall require an
applicant or licensee to obtain fingerprint impressions on
fingerprint cards prescribed by the superintendent of the bureau
of criminal identification and investigation at a qualified law
enforcement agency, and the director shall cause those fingerprint
cards to be forwarded to the bureau of criminal identification and
investigation, to the federal bureau of investigation, or to both
bureaus. The commission shall assume the cost of obtaining the
fingerprint cards.
The director shall pay to each agency supplying criminal
records for each investigation a reasonable fee, as determined by
the agency.
The commission may adopt uniform rules specifying time
periods after which the persons described in divisions (C)(1) to
(5) and (D)(1) to (4) of this section may be issued a license and
establishing requirements for those persons to seek a court order
to have records sealed in accordance with law.
(G)(1) Each applicant for a lottery sales agent license shall
do both of the following:
(a) Pay fees to the state lottery commission, at the time the
application is submitted, a fee in an amount that the director of
the state lottery commission determines if required by rule
adopted by the director under Chapter 119. of the Revised Code and
that the controlling board approves the fees;
(b) Prior to approval of the application, obtain a surety
bond in an amount the director determines by rule adopted under
Chapter 119. of the Revised Code or, alternatively, with the
director's approval, deposit the same an amount into a dedicated
account for the benefit of the state lottery. The director also
may approve the obtaining of a surety bond to cover part of the
amount required, together with a dedicated account deposit to
cover the remainder of the amount required.
In addition, the
director, with the approval of the commission, may establish a
program or policy by rule adopted under Chapter 119. of the
Revised Code that is an alternative to obtaining a surety bond or
making a dedicated account deposit under this division. The
alternative program or policy shall ensure that the financial
interests of the state lottery are protected. If an alternative
program or policy is established, an applicant or a lottery sales
agent, with the director's approval, may participate in the
program or proceed under the policy.
A surety bond may be with any company that complies with the
bonding and surety laws of this state and the requirements
established by rules of the commission pursuant to this chapter. A
dedicated account deposit shall be conducted in accordance with
policies and procedures the director establishes.
An alternative
program or policy established by the director shall be conducted
in accordance with the rules adopted by the director.
A surety bond, dedicated account, or both alternative program
or policy established under this section, or any combination
thereof, as applicable, may be used to pay for the lottery sales
agent's failure to make prompt and accurate payments for lottery
ticket sales, for missing or stolen lottery tickets, or for damage
to equipment or materials issued to the lottery sales agent, or to
pay for expenses the commission incurs in connection with the
lottery sales agent's license.
(2) A lottery sales agent license is effective for one year.
A licensed lottery sales agent, on or before the date
established by the director, shall renew the agent's license and
provide at that time evidence to the director that the surety
bond, dedicated account deposit, or both alternative program or
policy as established under this section, required under division
(G)(1)(b) of this section, has been renewed or, is active, or is
being complied with, whichever applies.
Before the commission renews a lottery sales agent license,
the lottery sales agent shall submit a renewal fee to the
commission in an amount that the director determines, if one is
required by rule adopted by the director under Chapter 119. of the
Revised Code and that the controlling board approves the renewal
fee. The renewal fee shall not exceed the actual cost of
administering the license renewal and processing changes reflected
in the renewal application. The renewal of the license is
effective for up to one year.
(3) A lottery sales agent license shall be complete,
accurate, and current at all times during the term of the license.
Any changes to an original license application or a renewal
application may subject the applicant or lottery sales agent, as
applicable, to paying an administrative fee that shall be in an
amount that the director determines by rule adopted under Chapter
119. of the Revised Code, that the controlling board approves, and
that shall not exceed the actual cost of administering and
processing the changes to an application.
(4) The relationship between the commission and a lottery
sales agent is one of trust. A lottery sales agent collects funds
on behalf of the commission through the sale of lottery tickets
for which the agent receives a compensation.
(H) Pending a final resolution of any question arising under
this section, the director of the state lottery commission may
issue a temporary lottery sales agent license, subject to the
terms and conditions the director considers appropriate.
(I) If a lottery sales agent's rental payments for the
lottery sales agent's premises are determined, in whole or in
part, by the amount of retail sales the lottery sales agent makes,
and if the rental agreement does not expressly provide that the
amount of those retail sales includes the amounts the lottery
sales agent receives from lottery ticket sales, only the amounts
the lottery sales agent receives as compensation from the state
lottery commission for selling lottery tickets shall be considered
to be amounts the lottery sales agent receives from the retail
sales the lottery sales agent makes, for the purpose of computing
the lottery sales agent's rental payments.
Sec. 3772.062. (A) The executive director of the commission
shall enter into an agreement with the department of alcohol and
drug addiction services under which the department provides a
program of gambling and addiction services on behalf of the
commission.
(B) The executive director of the commission, in conjunction
with the department of alcohol and drug addiction services, shall
establish, operate, and publicize an in-state, toll-free telephone
number Ohio residents may call to obtain basic information about
problem gambling, the gambling addiction services available to
problem gamblers, and how a problem gambler may obtain help. The
telephone number shall be staffed twenty-four hours per day, seven
days a week, to respond to inquiries and provide that information.
The costs of establishing, operating, and publicizing the
telephone number shall be paid for with money in the problem
casino gambling and addictions fund.
Sec. 3781.06. (A)(1) Any building that may be used as a
place of resort, assembly, education, entertainment, lodging,
dwelling, trade, manufacture, repair, storage, traffic, or
occupancy by the public, any residential building, and all other
buildings or parts and appurtenances of those buildings erected
within this state, shall be so constructed, erected, equipped, and
maintained that they shall be safe and sanitary for their intended
use and occupancy.
(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the
Revised Code shall be construed to limit the power of the public
health council manufactured homes commission to adopt rules of
uniform application governing manufactured home parks pursuant to
section
3733.02 4781.04 of the Revised Code.
(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised
Code do not apply to either of the following:
(1) Buildings or structures that are incident to the use for
agricultural purposes of the land on which the buildings or
structures are located, provided those buildings or structures are
not used in the business of retail trade. For purposes of this
division, a building or structure is not considered used in the
business of retail trade if fifty per cent or more of the gross
income received from sales of products in the building or
structure by the owner or operator is from sales of products
produced or raised in a normal crop year on farms owned or
operated by the seller.
(2) Existing single-family, two-family, and three-family
detached dwelling houses for which applications have been
submitted to the director of job and family services pursuant to
section 5104.03 of the Revised Code for the purposes of operating
type A family day-care homes as defined in section 5104.01 of the
Revised Code.
(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the
Revised Code:
(1) "Agricultural purposes" include agriculture, farming,
dairying, pasturage, apiculture, horticulture, floriculture,
viticulture, ornamental horticulture, olericulture, pomiculture,
and animal and poultry husbandry.
(2) "Building" means any structure consisting of foundations,
walls, columns, girders, beams, floors, and roof, or a combination
of any number of these parts, with or without other parts or
appurtenances.
(3) "Industrialized unit" means a building unit or assembly
of closed construction fabricated in an off-site facility, that is
substantially self-sufficient as a unit or as part of a greater
structure, and that requires transportation to the site of
intended use. "Industrialized unit" includes units installed on
the site as independent units, as part of a group of units, or
incorporated with standard construction methods to form a
completed structural entity. "Industrialized unit" does not
include a manufactured home as defined by division (C)(4) of this
section or a mobile home as defined by division (O) of section
4501.01 of the Revised Code.
(4) "Manufactured home" means a building unit or assembly of
closed construction that is fabricated in an off-site facility and
constructed in conformance with the federal construction and
safety standards established by the secretary of housing and urban
development pursuant to the "Manufactured Housing Construction and
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,
5403, and that has a permanent label or tag affixed to it, as
specified in 42 U.S.C.A. 5415, certifying compliance with all
applicable federal construction and safety standards.
(5) "Permanent foundation" means permanent masonry, concrete,
or a footing or foundation approved by the manufactured homes
commission pursuant to Chapter 4781. of the Revised Code, to which
a manufactured or mobile home may be affixed.
(6) "Permanently sited manufactured home" means a
manufactured home that meets all of the following criteria:
(a) The structure is affixed to a permanent foundation and is
connected to appropriate facilities;
(b) The structure, excluding any addition, has a width of at
least twenty-two feet at one point, a length of at least
twenty-two feet at one point, and a total living area, excluding
garages, porches, or attachments, of at least nine hundred square
feet;
(c) The structure has a minimum 3:12 residential roof pitch,
conventional residential siding, and a six-inch minimum eave
overhang, including appropriate guttering;
(d) The structure was manufactured after January 1, 1995;
(e) The structure is not located in a manufactured home park
as defined by section 3733.01 4781.01 of the Revised Code.
(7) "Safe," with respect to a building, means it is free from
danger or hazard to the life, safety, health, or welfare of
persons occupying or frequenting it, or of the public and from
danger of settlement, movement, disintegration, or collapse,
whether such danger arises from the methods or materials of its
construction or from equipment installed therein, for the purpose
of lighting, heating, the transmission or utilization of electric
current, or from its location or otherwise.
(8) "Sanitary," with respect to a building, means it is free
from danger or hazard to the health of persons occupying or
frequenting it or to that of the public, if such danger arises
from the method or materials of its construction or from any
equipment installed therein, for the purpose of lighting, heating,
ventilating, or plumbing.
(9) "Residential building" means a one-family, two-family, or
three-family dwelling house, and any accessory structure
incidental to that dwelling house. "Residential building" includes
a one-family, two-family, or three-family dwelling house that is
used as a model to promote the sale of a similar dwelling house.
"Residential building" does not include an industrialized unit as
defined by division (C)(3) of this section, a manufactured home as
defined by division (C)(4) of this section, or a mobile home as
defined by division (O) of section 4501.01 of the Revised Code.
(10) "Nonresidential building" means any building that is not
a residential building or a manufactured or mobile home.
(11) "Accessory structure" means a structure that is attached
to a residential building and serves the principal use of the
residential building. "Accessory structure" includes, but is not
limited to, a garage, porch, or screened-in patio.
Sec. 3781.183. If the board of building standards adopts
rules under sections 3781.06 to 3781.18 of the Revised Code
concerning the requirements an adult group home seeking licensure
as an adult care facility must meet under section 3722.02 5119.71
of the Revised Code, the board shall adopt the rules in
consultation with the directors of mental health and of aging and
any interested party designated by the directors of mental health
and of aging.
Sec. 3791.043. If the board of building standards adopts
rules under section 3791.04 of the Revised Code concerning the
requirements an adult group home seeking licensure as an adult
care facility must meet under section 3722.02 5119.71 of the
Revised Code, the board shall adopt the rules in consultation with
the directors of mental health and aging and any interested party
designated by the directors of mental health and aging.
Sec. 3793.04. The department of alcohol and drug addiction
services shall develop, administer, and revise as necessary a
comprehensive statewide alcohol and drug addiction services plan
for the implementation of this chapter. The plan shall emphasize
abstinence from the use of alcohol and drugs of abuse as the
primary goal of alcohol and drug addiction services. The council
on alcohol and drug addiction services shall advise the department
in the development and implementation of the plan.
The plan shall provide for the allocation and distribution of
state and federal funds appropriated to the department by the
general assembly for service services furnished by alcohol and
drug addiction programs under contract with boards of alcohol,
drug addiction, and mental health services and for distribution of
the funds to such boards. The plan department shall exclude from
the allocation and distribution any funds that are transferred to
the department of job and family services to pay the nonfederal
share of alcohol and drug addiction services covered by the
medicaid program.
The plan shall specify the methodology that the department
will use for determining how the funds will be allocated and
distributed. A portion of the funds shall be allocated on the
basis of the ratio of the population of each alcohol, drug
addiction, and mental health service district to the total
population of the state as determined from the most recent federal
census or the most recent official estimate made by the United
States census bureau.
The plan shall ensure that alcohol and drug addiction
services of a high quality are accessible to, and responsive to
the needs of, all persons, especially those who are members of
underserved groups, including, but not limited to, African
Americans, Hispanics, native Americans, Asians, juvenile and adult
offenders, women, and persons with special services needs due to
age or disability. The plan shall include a program to promote and
protect the rights of those who receive services.
To aid in formulating the plan and in evaluating the
effectiveness and results of alcohol and drug addiction services,
the department, in consultation with the department of mental
health, shall establish and maintain an information system or
systems. The department of alcohol and drug addiction services
shall specify the information that must be provided by boards of
alcohol, drug addiction, and mental health services and by alcohol
and drug addiction programs for inclusion in the system. The
department shall not collect any personal information from the
boards except as required or permitted by state or federal law for
purposes related to payment, health care operations, program and
service evaluation, reporting activities, research, system
administration, and oversight.
In consultation with boards, programs, and persons receiving
services, the department shall establish guidelines for the use of
state and federal funds allocated and distributed under this
section and for the boards' development of plans for services
required by sections 340.033 and 3793.05 of the Revised Code.
In any fiscal year, the department shall spend, or allocate
to boards, for methadone maintenance programs or any similar
programs not more than eight per cent of the total amount
appropriated to the department for the fiscal year.
Sec. 3793.06. (A) The department of alcohol and drug
addiction services shall evaluate and certify all Each alcohol and
drug addiction programs in the state. Each program shall apply to
the department of alcohol and drug addiction services for
certification. No program shall be eligible to receive state or
federal funds unless it has been certified by the department.
(B) No person shall represent in any manner that a program is
certified by the department if the program is not certified at the
time the representation is made.
(C) Pursuant to Chapter 119. of the Revised Code and in
consultation with members or representatives of boards of alcohol,
drug addiction, and mental health services, programs, individuals
who receive alcohol and drug addiction services, and the
department of mental health, the department shall adopt rules that
establish all of the following:
(1) Minimum standards for the operation of programs,
including, but not limited to, the following:
(a) Requirements regarding physical facilities of programs;
(b) Requirements with regard to health, safety, adequacy, and
cultural specificity and sensitivity;
(c) Requirements regarding the rights of recipients of
services and procedures to protect these rights.
(2) Standards for evaluating programs;
(3) Standards and procedures for granting full or conditional
certification to a program;
(4) Standards and procedures for revoking the certification
of a program that does not continue to meet the minimum standards
established pursuant to this section.
(D) Rules adopted under division (C) of this section shall
specify the limitations to be placed on a program that is granted
conditional certification.
(E) The department may visit and evaluate any program to
determine whether it meets the minimum standards for certification
established pursuant to division (C) of this section. In the case
of a program that has a contract with or proposes to contract with
a board of alcohol, drug addiction, and mental health services,
the department shall conduct the visit and evaluation in
cooperation with the board. If
(F)(1) Subject to division (F)(2) of this section, the
department shall determine whether an applicant's program meets
the minimum standards for certification. If the department
determines that the program meets the minimum standards, it shall
certify or recertify the program.
(F)(2) If an applicant submits to the department evidence of
holding national accreditation from the joint commission, the
council on accreditation of rehabilitation facilities, or the
council on accreditation, the department shall accept that
accreditation as evidence of the applicant's program meeting the
minimum standards for certification of the program. The department
shall certify or recertify the program without any further
evaluation of the program.
(G) If the department determines that a program that has a
contract with a board or proposes to contract with a board does
not meet the minimum standards for certification, it shall
identify the areas in which the program does not meet the
standards, specify what action is necessary to meet the standards,
and offer technical assistance to the board to enable it to assist
the program in meeting the standards. The department shall give
the program a reasonable time within which to demonstrate that the
program meets the minimum standards or to bring the program into
compliance with the standards. If the department concludes that
the program continues to fail to meet minimum standards, it shall
deny certification and may request that the board reallocate the
funds that the board is allocating to that program to another
program that is certified. If the board does not reallocate the
funds within a reasonable time, the department may withhold from
the board the funds that the board is allocating to the program
and allocate the funds directly to a recovery program certified by
the department.
The department shall adopt rules pursuant to Chapter 119. of
the Revised Code to implement this division. The rules shall
specify the notice and hearing procedures to be followed prior to
denial of certification or reallocation of funds.
(G)(H) The department may withhold from a board all or part
of the state and federal funds allocated for a program certified
under this section in the event of failure of that program to
comply with this chapter, Chapter 340. of the Revised Code, rules
adopted by the department, or other provisions of state or federal
law, including federal regulations.
If the department proposes to withhold funds, it shall
identify the areas of the program's noncompliance and the action
necessary to achieve compliance and shall offer technical
assistance to the board to enable it to assist the program to
achieve compliance. The department shall allow a reasonable time
within which the board or program shall demonstrate that the
program is in compliance or the program shall bring itself into
compliance. Before withholding funds, the department shall hold a
hearing on the question of whether the program is in, or can be
brought into, compliance. If, based on the hearing and other
evidence, the department determines that compliance has not been,
or cannot be, achieved, the department may withhold the funds and
allocate all or part of the withheld funds to a certified program
that is in compliance. That program shall use the funds to provide
the services of the program that is not in compliance, until such
time as it is in compliance.
The department shall establish rules pursuant to Chapter 119.
of the Revised Code to implement this division.
(H)(I) The department shall maintain a current list of
alcohol and drug addiction programs certified by the department
under division (A) of this section and shall provide a copy of the
current list to a judge of a court of common pleas who requests a
copy for the use of the judge under division (H) of section
2925.03 of the Revised Code. The list of certified alcohol and
drug addiction programs shall identify each certified program by
its name, its address, and the county in which it is located.
Sec. 3793.061. No rule adopted under section 3793.06 of the
Revised Code regarding documentation that alcohol and drug
addiction programs must submit to the department of alcohol and
drug addiction services or a board of alcohol, drug addiction, and
mental health services shall be more stringent than a comparable
documentation submission requirement that applies to alcohol and
drug addiction programs and is established by a federal regulation
promulgated by the United States department of health and human
services.
Sec. 3793.21. (A) As used in this section, "administrative
function" means a function related to one or more of the
following:
(1) Continuous quality improvement;
(3) Resource development;
(4) Fiscal administration;
(5) General administration;
(6) Any other function related to administration that is
required by Chapter 340. of the Revised Code.
(B) Each board of alcohol, drug addiction, and mental health
services shall submit an annual report to the department of
alcohol and drug addiction services specifying how the board used
state and federal the funds allocated and distributed to the
board, according to the methodology the department specifies under
section 3793.04 of the Revised Code, for administrative functions
in the year preceding the report's submission. The director of
alcohol and drug addiction shall establish the date by which the
report must be submitted each year.
Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of
the Revised Code do not apply to the following:
(A) Policies offering coverage that is regulated under
Chapters 3935. and 3937. of the Revised Code;
(B) An employer's self-insurance plan and any of its
administrators, as defined in section 3959.01 of the Revised Code,
to the extent that federal law supersedes, preempts, prohibits, or
otherwise precludes the application of any provisions of those
sections to the plan and its administrators;
(C) A third-party payer for coverage provided under the
medicare advantage program operated under Title XVIII of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended;
(D) A third-party payer for coverage provided under the
medicaid program operated under Title XIX of the "Social Security
Act," except that if a federal waiver applied for under section
5111.178 of the Revised Code is granted or the director of job and
family services determines that this provision can be implemented
without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of
the Revised Code apply to claims submitted electronically or
non-electronically that are made with respect to coverage of
medicaid recipients by health insuring corporations licensed under
Chapter 1751. of the Revised Code, instead of the prompt payment
requirements of 42 C.F.R. 447.46;
(E) A third-party payer for coverage provided under the
tricare program offered by the United States department of
defense.
(F) A third-party payer for coverage provided under the
children's buy-in program established under sections 5101.5211 to
5101.5216 of the Revised Code.
Sec. 3903.01. As used in sections 3903.01 to 3903.59 of the
Revised Code:
(A) "Admitted assets" means investment in assets which will
be admitted by the superintendent of insurance pursuant to the law
of this state.
(B) "Affiliate" has the same meaning as "affiliate of" or
"affiliated with," as defined in section 3901.32 of the Revised
Code.
(C) "Assets" means all property, real and personal, of every
nature and kind whatsoever or any interest therein.
(C)(D) "Ancillary state" means any state other than a
domiciliary state.
(D)(E) "Commodity contract" means any of the following:
(1) A contract for the purchase or sale of a commodity for
future delivery on, or subject to the rules of, a board of trade
designated as a contract market by the commodity futures trading
commission under the "Commodity Exchange Act," 7 U.S.C. 1 et seq.,
as amended, or a board of trade outside the United States;
(2) An agreement that is subject to regulation under section
19 of the "Commodity Exchange Act," 7 U.S.C. 23, as amended, and
that is commonly known to the commodities trade as a margin
account, margin contract, leverage account, or leverage contract;
(3) An agreement or transaction that is subject to regulation
under section 4c(b) of the "Commodity Exchange Act," 7 U.S.C.
6c(b), as amended, and that is commonly known to the commodities
trade as a commodity option;
(4) Any combination of agreements or transactions described
in division (E) of this section;
(5) Any option to enter into an agreement or transaction
described in division (E) of this section.
(F) "Creditor" means a person having any claim, whether
matured or unmatured, liquidated or unliquidated, secured or
unsecured, absolute, fixed, or contingent.
(E)(G) "Delinquency proceeding" means any proceeding
commenced against an insurer for the purpose of liquidating,
rehabilitating, reorganizing, or conserving the insurer, and any
summary proceeding under section 3903.09 or 3903.10 of the Revised
Code. "Formal delinquency proceeding" means any liquidation or
rehabilitation proceeding.
(F)(H) "Doing business" includes any of the following acts,
whether effected by mail or otherwise:
(1) The issuance or delivery of contracts of insurance to
persons resident in this state;
(2) The solicitation of applications for such contracts, or
other negotiations preliminary to the execution of such contracts;
(3) The collection of premiums, membership fees, assessments,
or other consideration for such contracts;
(4) The transaction of matters subsequent to execution of
such contracts and arising out of them;
(5) Operating under a license or certificate of authority, as
an insurer, issued by the department of insurance.
(G)(I) "Domiciliary state" means the state in which an
insurer is incorporated or organized, or, in the case of an alien
insurer, its state of entry.
(H)(J) "Fair consideration" is given for property or
obligation when either of the following apply:
(1) When in exchange for such property or obligation, as a
fair equivalent therefor, and in good faith, property is conveyed,
services are rendered, an obligation is incurred, or an antecedent
debt is satisfied;
(2) When such property or obligation is received in good
faith to secure a present advance or antecedent debt in an amount
not disproportionately small as compared to the value of the
property or obligation obtained.
(I)(K) "Foreign country" means any other jurisdiction not in
any state.
(J)(L) "Forward contract" has the same meaning as in the
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.
1821(e)(8)(D), as now and hereafter amended.
(M) "Guaranty association" means the Ohio insurance guaranty
association created by section 3955.06 of the Revised Code and any
other similar entity hereafter created by the general assembly for
the payment of claims of insolvent insurers. "Foreign guaranty
association" means any similar entities now in existence in or
hereafter created by the legislature of any other state.
(K)(N) "Insolvency" or "insolvent" means:
(1) For an insurer issuing only assessable fire insurance
policies either of the following:
(a) The inability to pay any obligation within thirty days
after it becomes payable;
(b) If an assessment is made within thirty days after such
date, the inability to pay the obligation thirty days following
the date specified in the first assessment notice issued after the
date of loss.
(2) For any other insurer, that it is unable to pay its
obligations when they are due, or when its admitted assets do not
exceed its liabilities plus the greater of either of the
following:
(a) Any capital and surplus required by law for its
organization;
(b) The total par or stated value of its authorized and
issued capital stock.
(3) As to any insurer licensed to do business in this state
as of the effective date of sections 3903.01 to 3903.59 of the
Revised Code that does not meet the standard established under
division (K)(N)(2) of this section, the term "insolvency" or
"insolvent" means, for a period not to exceed three years from the
effective date of sections 3903.01 to 3903.59 of the Revised Code,
that it is unable to pay its obligations when they are due or that
its admitted assets do not exceed its liabilities plus any
required capital contribution ordered by the superintendent under
provisions of Title XXXIX of the Revised Code.
(4) For purposes of divisions (K)(N)(2) to (4) of this
section, "liabilities" includes, but is not limited to, reserves
required by statute or by rules of the superintendent or specific
requirements imposed by the superintendent upon a subject company
at the time of admission or subsequent thereto.
(L)(O) "Insurer" means any person who has done, purports to
do, is doing, or is licensed to do an insurance business, and is
or has been subject to the authority of, or to liquidation,
rehabilitation, reorganization, supervision, or conservation by,
any insurance commissioner, superintendent, or equivalent
official. For purposes of sections 3903.01 to 3903.59 of the
Revised Code, any other persons included under section 3903.03 of
the Revised Code are deemed to be insurers.
(M)(P) "Netting agreement" means:
(1) A contract or agreement, including a master agreement,
and any terms and conditions incorporated by reference in such a
contract or agreement, that provides for the netting, liquidation,
setoff, termination, acceleration, or close out under or in
connection with a qualified financial contract, or any present or
future payment or delivery obligations or entitlements under a
qualified financial contract, including liquidation or close-out
values relating to those obligations or entitlements;
(2) A master agreement, together with all schedules,
confirmations, definitions, and addenda to the agreement and
transactions under the agreement, which shall be treated as one
netting agreement, and any bridge agreement for one or more master
agreements;
(3) Any security agreement or arrangement, credit support
document, or guarantee or reimbursement obligation related to any
contract or agreement described in division (P) of this section.
Any contract or agreement described in division (P) of this
section relating to agreements or transactions that are not
qualified financial contracts shall be deemed to be a netting
agreement only with respect to those agreements or transactions
that are qualified financial contracts.
(Q) "Preferred claim" means any claim with respect to which
the terms of sections 3903.01 to 3903.59 of the Revised Code
accord priority of payment from the assets of the insurer.
(N)(R) "Qualified financial contract" means any commodity
contract, forward contract, repurchase agreement, securities
contract, swap agreement, and any similar agreement that the
superintendent may determine by rule or order to be a qualified
financial contract for purposes of this chapter.
(S) "Reciprocal state" means any state other than this state
in which in substance and effect division (A) of section 3903.18,
and sections 3903.52, 3903.53, and 3903.55 to 3903.57 of the
Revised Code are in force, in which provisions are in force
requiring that the superintendent or equivalent official be the
receiver, liquidator, rehabilitator, or conservator of a
delinquent insurer, and in which some provision exists for the
avoidance of fraudulent conveyances and preferential transfers.
(O)(T) "Repurchase agreement" has the same meaning as in the
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.
1821(e)(8)(D), as now and hereafter amended.
(U) "Secured claim" means any claim secured by mortgage,
trust deed, security agreement, pledge, deposit as security,
escrow, or otherwise, but not including special deposit claims or
claims against assets. The term also includes claims which have
become liens upon specific assets by reason of judicial process.
(P)(V) "Securities contract" has the same meaning as in the
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.
1821(e)(8)(D), as now and hereafter amended.
(W) "Special deposit claim" means any claim secured by a
deposit made pursuant to statute for the security or benefit of a
limited class or classes of persons, but not including any claim
secured by assets.
(Q)(X) "State" has the meaning set forth in division (G) of
section 1.59 of the Revised Code.
(R)(Y) "Superintendent" or "superintendent of insurance"
means the superintendent of insurance of this state, or, when the
context requires, the superintendent or commissioner of insurance,
or equivalent official, of another state.
(S)(Z) "Swap agreement" has the same meaning as in the
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C.
1821(e)(8)(D), as now and hereafter amended.
(AA) "Transfer" includes the sale and every other and
different mode, direct or indirect, of disposing of or of parting
with property or with an interest in property, or with the
possession of property or of fixing a lien upon property or upon
an interest in property, absolutely or conditionally, voluntarily,
or by or without judicial proceedings. The retention of a security
title to property delivered to a debtor shall be deemed a transfer
suffered by the debtor.
Sec. 3903.301. (A) Notwithstanding any other provision under
sections 3903.01 to 3903.59 of the Revised Code, no person shall
be stayed or prohibited from exercising any of the following
rights:
(1) A contractual right to cause the termination,
liquidation, acceleration, or close out of obligations under, or
in connection with, a netting agreement or qualified financial
contract with an insurer because of either of the following:
(a) The insolvency, financial condition, or default of the
insurer at any time;
(b) The commencement of a formal delinquency proceeding under
sections 3903.01 to 3903.59 of the Revised Code.
(2) Any right under a pledge, security, collateral,
reimbursement, or guarantee agreement or arrangement or any
similar security arrangement or credit enhancement relating to a
netting agreement or qualified financial contract;
(3) Subject to section 3903.30 of the Revised Code, any right
to set off or net out any termination value, payment amount, or
other transfer obligation arising under or in connection with a
qualified financial contract in which the counterparty or its
guarantor is organized under the laws of the United States, a
state, or a foreign jurisdiction that the securities valuation
office of the national association of insurance commissioners
approves as eligible for netting.
(B) If a counterparty to a netting agreement or qualified
financial contract with an insurer that is subject to a proceeding
under sections 3903.01 to 3903.59 of the Revised Code terminates,
liquidates, accelerates, or closes out the agreement or contract,
damages shall be measured as of the date or dates of the
termination, liquidation, acceleration, or close out. The amount
of a claim for damages shall be actual direct compensatory
damages.
(C) Upon termination of a netting agreement or qualified
financial contract, any net or settlement amount that a
nondefaulting party owes to an insurer against which an
application or petition has been filed under sections 3903.01 to
3903.59 of the Revised Code shall be transferred to, or on the
order of, the receiver for the insurer.
This division applies regardless of whether the insurer is
the defaulting party and applies notwithstanding any walkaway
clause in the netting agreement or qualified financial contract.
For purposes of this division, a limited two-way payment or
first method provision in a netting agreement or qualified
financial contract with a defaulting insurer shall be deemed to be
a full two-way payment or second method provision as against the
defaulting insurer.
Any property or amount transferred under this division shall
be a general asset of the insurer except to the extent it is
subject to a secondary lien or encumbrance, or to rights of
netting or setoff.
(D) In transferring a netting agreement or qualified
financial contract of an insurer that is subject to a proceeding
under sections 3903.01 to 3903.59 of the Revised Code, the
receiver shall do either of the following:
(1) Transfer to one party, other than an insurer subject to a
proceeding under sections 3903.01 to 3903.59 of the Revised Code,
all netting agreements and qualified financial contracts between a
counterparty, or any affiliate of the counterparty, and the
insurer that is the subject of the proceeding. The transfer shall
include all rights and obligations of each party under each
netting agreement and qualified financial contract, and all
property, including any guarantees or other credit enhancement,
securing any claims of the parties under each agreement or
contract.
(2) Transfer none of the netting agreements or qualified
financial contracts, including the rights, obligations, and
property associated with those agreements and contracts as
described in division (D)(1) of this section, with respect to the
counterparty and any affiliate of the counterparty.
(E) If a receiver transfers a netting agreement or qualified
financial contract, the receiver shall use its best efforts to
notify any person who is a party to the transferred agreement or
contract of the transfer by noon, of the receiver's local time, on
the business day following the transfer.
(F)(1) Notwithstanding any other provision of sections
3903.01 to 3903.59 of the Revised Code and except as otherwise
provided in division (F)(2) of this section, a receiver shall not
avoid a transfer of money or other property that is made before
the commencement of a formal delinquency proceeding under sections
3903.01 to 3903.59 of the Revised Code and that arises under or in
connection with either of the following:
(a) A netting agreement or qualified financial contract;
(b) Any pledge, security, collateral, or guarantee agreement
or other similar security arrangement or credit support document
relating to a netting agreement or qualified financial contract.
(2) A receiver may avoid a transfer under sections 3903.26 to
3903.28 of the Revised Code if the transfer was made with actual
intent to hinder, delay, or defraud the insurer, a receiver
appointed for the insurer, or existing or future creditors.
(G)(1) In exercising any right of disaffirmance or
repudiation with respect to a netting agreement or qualified
financial contract to which an insurer is a party, the receiver
for the insurer shall do either of the following:
(a) Disaffirm or repudiate all netting agreements and
qualified financial contracts between the insurer and a
counterparty or any affiliate of the counterparty;
(b) Disaffirm or repudiate none of those netting agreements
or qualified financial contracts with respect to the counterparty
or any affiliate of the counterparty.
(2) Notwithstanding any other provision of sections 3903.01
to 3903.59 of the Revised Code, if a counterparty's claim against
the estate of the insurer arising from the receiver's
disaffirmance or repudiation of a netting agreement or qualified
financial contract has not been previously affirmed in the
liquidation or immediately preceding conservation or
rehabilitation case, that claim shall be considered as if it had
arisen before the filing date of the petition for liquidation. If
a conservation or rehabilitation proceeding is converted to a
liquidation proceeding, that claim shall be considered as if it
had arisen before the filing date of the petition for conservation
or rehabilitation. The amount of the claim shall be the actual
direct compensatory damages determined as of the date of the
disaffirmance or repudiation.
(H) All rights of a counterparty under sections 3903.01 to
3903.59 of the Revised Code shall apply to netting agreements and
qualified financial contracts entered into on behalf of the
general account or separate accounts if the assets of each
separate account are available only to counterparties to netting
agreements and qualified financial contracts entered into on
behalf of that separate account.
(I) This section shall not apply to the affiliates of an
insurer that is the subject of a formal delinquency proceeding
under sections 3903.01 to 3903.59 of the Revised Code.
(J) As used in this section:
(1) "Actual direct compensatory damages" includes normal and
reasonable costs of cover or other reasonable measures of damages
utilized in the derivatives, securities, or other market for the
contract and agreement claims. "Actual direct compensatory
damages" does not include punitive or exemplary damages, damages
for lost profit or lost opportunity, or damages for pain and
suffering.
(2) "Business day" means any day, excluding Saturday, Sunday,
and any day on which the New York stock exchange or the federal
reserve bank of New York is closed.
(3) "Contractual right" includes any of the following:
(a) Any right set forth in a rule or bylaw of a derivatives
clearing organization, as defined in the "Commodity Exchange Act,"
7 U.S.C. 1a(9)(A), as amended; a multilateral clearing
organization; a national securities exchange; a national
securities association; a securities clearing agency; a contract
market designated under the "Commodity Exchange Act," 7 U.S.C. 1
et seq., as amended; a derivatives transaction execution facility,
including a swap execution facility, registered under the
"Commodity Exchange Act," 7 U.S.C. 1 et seq., as amended; a
security-based swap execution facility registered under the
"Securities Exchange Act of 1934," 15 U.S.C. 78a et seq., as
amended; or a board of trade, as defined in the "Commodity
Exchange Act," 7 U.S.C. 1a(2);
(b) Any right set forth in a resolution of the governing
board of any entity listed in division (J)(3)(a) of this section;
(c) Any right, regardless of whether evidenced in writing,
arising under statutory law, common law, or law merchant, or by
reason of normal business practice.
(4) "Receiver" means a receiver, conservator, rehabilitator,
or liquidator, as applicable.
(5) "Walkaway clause" means a provision under which a party
to a netting agreement or qualified financial contract that, after
calculation of a value of a party's position or an amount due to
or from one of the parties in accordance with its terms upon
termination, liquidation, or acceleration of the netting agreement
or qualified financial contract is not obligated to pay or does
not have a payment obligation extinguished under the agreement or
contract, in whole or in part, solely because the party is a
nondefaulting party.
Sec. 3923.28. (A) Every policy of group sickness and
accident insurance providing hospital, surgical, or medical
expense coverage for other than specific diseases or accidents
only, and delivered, issued for delivery, or renewed in this state
on or after January 1, 1979, and that provides coverage for mental
or emotional disorders, shall provide benefits for services on an
outpatient basis for each eligible person under the policy who
resides in this state for mental or emotional disorders, or for
evaluations, that are at least equal to five hundred fifty dollars
in any calendar year or twelve-month period. The services shall be
legally performed by or under the clinical supervision of a
physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;
a psychologist licensed under Chapter 4732. of the Revised Code; a
professional clinical counselor, professional counselor, or
independent social worker licensed under Chapter 4757. of the
Revised Code; or a clinical nurse specialist licensed under
Chapter 4723. of the Revised Code whose nursing specialty is
mental health, whether performed in an office, in a hospital, or
in a community mental health facility so long as the hospital or
community mental health facility is approved by the joint
commission on accreditation of healthcare organizations, the
council on accreditation for children and family services, or the
rehabilitation accreditation commission, or, until two years after
June 6, 2001, certified by the department of mental health as
being in compliance with standards established under division (H)
of section 5119.01 of the Revised Code.
(B) Outpatient benefits offered under division (A) of this
section shall be subject to reasonable contract limitations and
may be subject to reasonable deductibles and co-insurance costs.
Persons entitled to such benefit under more than one service or
insurance contract may be limited to a single
five-hundred-fifty-dollar outpatient benefit for services under
all contracts.
(C) In order to qualify for participation under division (A)
of this section, every facility specified in such division shall
have in effect a plan for utilization review and a plan for peer
review and every person specified in such division shall have in
effect a plan for peer review. Such plans shall have the purpose
of ensuring high quality patient care and effective and efficient
utilization of available health facilities and services.
(D) Nothing in this section shall be construed to require an
insurer to pay benefits which are greater than usual, customary,
and reasonable.
(E)(1) Services performed under the clinical supervision of a
health care professional identified in division (A) of this
section, in order to be reimbursable under the coverage required
in division (A) of this section, shall meet both of the following
requirements:
(a) The services shall be performed in accordance with a
treatment plan that describes the expected duration, frequency,
and type of services to be performed;
(b) The plan shall be reviewed and approved by the health
care professional every three months.
(2) Payment of benefits for services reimbursable under
division (E)(1) of this section shall not be restricted to
services described in the treatment plan or conditioned upon
standards of clinical supervision that are more restrictive than
standards of a health care professional described in division (A)
of this section, which at least equal the requirements of division
(E)(1) of this section.
(F) The benefits provided by this section for mental and
emotional disorders shall not be reduced by the cost of benefits
provided pursuant to section 3923.281 of the Revised Code for
diagnostic and treatment services for biologically based mental
illnesses. This section does not apply to benefits for diagnostic
and treatment services for biologically based mental illnesses.
Sec. 3923.281. (A) As used in this section:
(1) "Biologically based mental illness" means schizophrenia,
schizoaffective disorder, major depressive disorder, bipolar
disorder, paranoia and other psychotic disorders,
obsessive-compulsive disorder, and panic disorder, as these terms
are defined in the most recent edition of the diagnostic and
statistical manual of mental disorders published by the American
psychiatric association.
(2) "Policy of sickness and accident insurance" has the same
meaning as in section 3923.01 of the Revised Code, but excludes
any hospital indemnity, medicare supplement, long-term care,
disability income, one-time-limited-duration policy of not longer
than six months, supplemental benefit, or other policy that
provides coverage for specific diseases or accidents only; any
policy that provides coverage for workers' compensation claims
compensable pursuant to Chapters 4121. and 4123. of the Revised
Code; and any policy that provides coverage to beneficiaries
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended, known as the medical
assistance program or medicaid, as provided by the Ohio department
of job and family services under Chapter 5111. of the Revised
Code; and any policy that provides coverage to beneficiaries
enrolled in the children's buy-in program established under
sections 5101.5211 to 5101.5216 of the Revised Code.
(B) Notwithstanding section 3901.71 of the Revised Code, and
subject to division (E) of this section, every policy of sickness
and accident insurance shall provide benefits for the diagnosis
and treatment of biologically based mental illnesses on the same
terms and conditions as, and shall provide benefits no less
extensive than, those provided under the policy of sickness and
accident insurance for the treatment and diagnosis of all other
physical diseases and disorders, if both of the following apply:
(1) The biologically based mental illness is clinically
diagnosed by a physician authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic
medicine and surgery; a psychologist licensed under Chapter 4732.
of the Revised Code; a professional clinical counselor,
professional counselor, or independent social worker licensed
under Chapter 4757. of the Revised Code; or a clinical nurse
specialist licensed under Chapter 4723. of the Revised Code whose
nursing specialty is mental health.
(2) The prescribed treatment is not experimental or
investigational, having proven its clinical effectiveness in
accordance with generally accepted medical standards.
(C) Division (B) of this section applies to all coverages and
terms and conditions of the policy of sickness and accident
insurance, including, but not limited to, coverage of inpatient
hospital services, outpatient services, and medication; maximum
lifetime benefits; copayments; and individual and family
deductibles.
(D) Nothing in this section shall be construed as prohibiting
a sickness and accident insurance company from taking any of the
following actions:
(1) Negotiating separately with mental health care providers
with regard to reimbursement rates and the delivery of health care
services;
(2) Offering policies that provide benefits solely for the
diagnosis and treatment of biologically based mental illnesses;
(3) Managing the provision of benefits for the diagnosis or
treatment of biologically based mental illnesses through the use
of pre-admission screening, by requiring beneficiaries to obtain
authorization prior to treatment, or through the use of any other
mechanism designed to limit coverage to that treatment determined
to be necessary;
(4) Enforcing the terms and conditions of a policy of
sickness and accident insurance.
(E) An insurer that offers any policy of sickness and
accident insurance is not required to provide benefits for the
diagnosis and treatment of biologically based mental illnesses
pursuant to division (B) of this section if all of the following
apply:
(1) The insurer submits documentation certified by an
independent member of the American academy of actuaries to the
superintendent of insurance showing that incurred claims for
diagnostic and treatment services for biologically based mental
illnesses for a period of at least six months independently caused
the insurer's costs for claims and administrative expenses for the
coverage of all other physical diseases and disorders to increase
by more than one per cent per year.
(2) The insurer submits a signed letter from an independent
member of the American academy of actuaries to the superintendent
of insurance opining that the increase described in division
(E)(1) of this section could reasonably justify an increase of
more than one per cent in the annual premiums or rates charged by
the insurer for the coverage of all other physical diseases and
disorders.
(3) The superintendent of insurance makes the following
determinations from the documentation and opinion submitted
pursuant to divisions (E)(1) and (2) of this section:
(a) Incurred claims for diagnostic and treatment services for
biologically based mental illnesses for a period of at least six
months independently caused the insurer's costs for claims and
administrative expenses for the coverage of all other physical
diseases and disorders to increase by more than one per cent per
year.
(b) The increase in costs reasonably justifies an increase of
more than one per cent in the annual premiums or rates charged by
the insurer for the coverage of all other physical diseases and
disorders.
Any determination made by the superintendent under this
division is subject to Chapter 119. of the Revised Code.
Sec. 3923.30. Every person, the state and any of its
instrumentalities, any county, township, school district, or other
political subdivisions and any of its instrumentalities, and any
municipal corporation and any of its instrumentalities, which
provides payment for health care benefits for any of its employees
resident in this state, which benefits are not provided by
contract with an insurer qualified to provide sickness and
accident insurance, or a health insuring corporation, shall
include the following benefits in its plan of health care benefits
commencing on or after January 1, 1979:
(A) If such plan of health care benefits provides payment for
the treatment of mental or nervous disorders, then such plan shall
provide benefits for services on an outpatient basis for each
eligible employee and dependent for mental or emotional disorders,
or for evaluations, that are at least equal to the following:
(1) Payments not less than five hundred fifty dollars in a
twelve-month period, for services legally performed by or under
the clinical supervision of a physician authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery; a psychologist licensed under
Chapter 4732. of the Revised Code; a professional clinical
counselor, professional counselor, or independent social worker
licensed under Chapter 4757. of the Revised Code; or a clinical
nurse specialist licensed under Chapter 4723. of the Revised Code
whose nursing specialty is mental health, whether performed in an
office, in a hospital, or in a community mental health facility so
long as the hospital or community mental health facility is
approved by the joint commission on accreditation of healthcare
organizations, the council on accreditation for children and
family services, or the rehabilitation accreditation commission,
or, until two years after June 6, 2001, certified by the
department of mental health as being in compliance with standards
established under division (H) of section 5119.01 of the Revised
Code;
(2) Such benefit shall be subject to reasonable limitations,
and may be subject to reasonable deductibles and co-insurance
costs.
(3) In order to qualify for participation under this
division, every facility specified in this division shall have in
effect a plan for utilization review and a plan for peer review
and every person specified in this division shall have in effect a
plan for peer review. Such plans shall have the purpose of
ensuring high quality patient care and effective and efficient
utilization of available health facilities and services.
(4) Such payment for benefits shall not be greater than
usual, customary, and reasonable.
(5)(a) Services performed by or under the clinical
supervision of a health care professional identified in division
(A)(1) of this section, in order to be reimbursable under the
coverage required in division (A) of this section, shall meet both
of the following requirements:
(i) The services shall be performed in accordance with a
treatment plan that describes the expected duration, frequency,
and type of services to be performed;
(ii) The plan shall be reviewed and approved by the health
care professional every three months.
(b) Payment of benefits for services reimbursable under
division (A)(5)(a) of the section shall not be restricted to
services described in the treatment plan or conditioned upon
standards of a licensed physician or licensed psychologist, which
at least equal the requirements of division (A)(5)(a) of this
section.
(B) Payment for benefits for alcoholism treatment for
outpatient, inpatient, and intermediate primary care for each
eligible employee and dependent that are at least equal to the
following:
(1) Payments not less than five hundred fifty dollars in a
twelve-month period for services legally performed by or under the
clinical supervision of a health care professional identified in
division (A)(1) of this section, whether performed in an office,
or in a hospital or a community mental health facility or
alcoholism treatment facility so long as the hospital, community
mental health facility, or alcoholism treatment facility is
approved by the joint commission on accreditation of hospitals or
certified by the department of health;
(2) The benefits provided under this division shall be
subject to reasonable limitations and may be subject to reasonable
deductibles and co-insurance costs.
(3) A health care professional shall every three months
certify a patient's need for continued services performed by such
facilities.
(4) In order to qualify for participation under this
division, every facility specified in this division shall have in
effect a plan for utilization review and a plan for peer review
and every person specified in this division shall have in effect a
plan for peer review. Such plans shall have the purpose of
ensuring high quality patient care and efficient utilization of
available health facilities and services. Such person or
facilities shall also have in effect a program of rehabilitation
or a program of rehabilitation and detoxification.
(5) Nothing in this section shall be construed to require
reimbursement for benefits which is greater than usual, customary,
and reasonable.
(C) The benefits provided by division (A) of this section for
mental and emotional disorders shall not be reduced by the cost of
benefits provided pursuant to section 3923.282 of the Revised Code
for diagnostic and treatment services for biologically based
mental illness. This section does not apply to benefits for
diagnostic and treatment services for biologically based mental
illnesses.
Sec. 3924.10. (A) The board of directors of the Ohio health
reinsurance program may make recommendations to the superintendent
of insurance, and the superintendent may adopt or amend by rule
adopted in accordance with Chapter 119. of the Revised Code, the
OHC basic, standard, and carrier reimbursement plans which, when
offered by a carrier, are eligible for reinsurance under the
program. The superintendent shall establish the form and level of
coverage to be made available by carriers in their OHC plans. The
plans shall include benefit levels, deductibles, coinsurance
factors, exclusions, and limitations for the plans. The forms and
levels of coverage shall specify which components of health
benefit plans offered by a carrier may be reinsured. The OHC plans
are subject to division (C) of section 3924.02 of the Revised Code
and to the provisions in Chapters 1751., 1753., 3923., and any
other chapter of the Revised Code that require coverage or the
offer of coverage of a health care service or benefit.
(B) Prior to adopting any rule that makes changes to the OHC
basic or standard plan, the superintendent shall conduct an
actuarial analysis of the cost impact of the proposed rule. The
superintendent may consider recommendations of the Ohio health
care coverage and quality council established under section
3923.90 of the Revised Code. The plans may include cost
containment features including any of the following:
(1) Utilization review of health care services, including
review of the medical necessity of hospital and physician
services;
(2) Case management benefit alternatives;
(3) Selective contracting with hospitals, physicians, and
other health care providers;
(4) Reasonable benefit differentials applicable to
participating and nonparticipating providers;
(5) Employee assistance program options that provide
preventive and early intervention mental health and substance
abuse services;
(6) Other provisions for the cost-effective management of the
plans.
(C) OHC plans established for use by health insuring
corporations shall be consistent with the basic method of
operation of such corporations.
(D) Each carrier shall certify to the superintendent of
insurance, in the form and manner prescribed by the
superintendent, that the OHC plans filed by the carrier are in
substantial compliance with the provisions of the OHC plans
designed or adopted under this section. Upon receipt by the
superintendent of the certification, the carrier may use the
certified plans.
(E) Each carrier shall, on and after sixty days after the
date that the program becomes operational and as a condition of
transacting business in this state, renew coverage provided to any
individual or group under its OHC plans.
(F) The OHC plans in effect as of June 1, 2009, shall remain
in effect until those plans are amended or new plans are adopted
in accordance with this section.
Sec. 3963.01. As used in this chapter:
(A) "Affiliate" means any person or entity that has ownership
or control of a contracting entity, is owned or controlled by a
contracting entity, or is under common ownership or control with a
contracting entity.
(B) "Basic health care services" has the same meaning as in
division (A) of section 1751.01 of the Revised Code, except that
it does not include any services listed in that division that are
provided by a pharmacist or nursing home.
(C) "Contracting entity" means any person that has a primary
business purpose of contracting with participating providers for
the delivery of health care services.
(D) "Credentialing" means the process of assessing and
validating the qualifications of a provider applying to be
approved by a contracting entity to provide basic health care
services, specialty health care services, or supplemental health
care services to enrollees.
(E) "Edit" means adjusting one or more procedure codes billed
by a participating provider on a claim for payment or a practice
that results in any of the following:
(1) Payment for some, but not all of the procedure codes
originally billed by a participating provider;
(2) Payment for a different procedure code than the procedure
code originally billed by a participating provider;
(3) A reduced payment as a result of services provided to an
enrollee that are claimed under more than one procedure code on
the same service date.
(F) "Electronic claims transport" means to accept and
digitize claims or to accept claims already digitized, to place
those claims into a format that complies with the electronic
transaction standards issued by the United States department of
health and human services pursuant to the "Health Insurance
Portability and Accountability Act of 1996," 110 Stat. 1955, 42
U.S.C. 1320d, et seq., as those electronic standards are
applicable to the parties and as those electronic standards are
updated from time to time, and to electronically transmit those
claims to the appropriate contracting entity, payer, or
third-party administrator.
(G) "Enrollee" means any person eligible for health care
benefits under a health benefit plan, including an eligible
recipient of medicaid under Chapter 5111. of the Revised Code, and
includes all of the following terms:
(1) "Enrollee" and "subscriber" as defined by section 1751.01
of the Revised Code;
(2) "Member" as defined by section 1739.01 of the Revised
Code;
(3) "Insured" and "plan member" pursuant to Chapter 3923. of
the Revised Code;
(4) "Beneficiary" as defined by section 3901.38 of the
Revised Code.
(H) "Health care contract" means a contract entered into,
materially amended, or renewed between a contracting entity and a
participating provider for the delivery of basic health care
services, specialty health care services, or supplemental health
care services to enrollees.
(I) "Health care services" means basic health care services,
specialty health care services, and supplemental health care
services.
(J) "Material amendment" means an amendment to a health care
contract that decreases the participating provider's payment or
compensation, changes the administrative procedures in a way that
may reasonably be expected to significantly increase the
provider's administrative expenses, or adds a new product. A
material amendment does not include any of the following:
(1) A decrease in payment or compensation resulting solely
from a change in a published fee schedule upon which the payment
or compensation is based and the date of applicability is clearly
identified in the contract;
(2) A decrease in payment or compensation that was
anticipated under the terms of the contract, if the amount and
date of applicability of the decrease is clearly identified in the
contract;
(3) An administrative change that may significantly increase
the provider's administrative expense, the specific applicability
of which is clearly identified in the contract;
(4) Changes to an existing prior authorization,
precertification, notification, or referral program that do not
substantially increase the provider's administrative expense;
(5) Changes to an edit program or to specific edits if the
participating provider is provided notice of the changes pursuant
to division (A)(1) of section 3963.04 of the Revised Code and the
notice includes information sufficient for the provider to
determine the effect of the change;
(6) Changes to a health care contract described in division
(B) of section 3963.04 of the Revised Code.
(K) "Participating provider" means a provider that has a
health care contract with a contracting entity and is entitled to
reimbursement for health care services rendered to an enrollee
under the health care contract.
(L) "Payer" means any person that assumes the financial risk
for the payment of claims under a health care contract or the
reimbursement for health care services provided to enrollees by
participating providers pursuant to a health care contract.
(M) "Primary enrollee" means a person who is responsible for
making payments for participation in a health care plan or an
enrollee whose employment or other status is the basis of
eligibility for enrollment in a health care plan.
(N) "Procedure codes" includes the American medical
association's current procedural terminology code, the American
dental association's current dental terminology, and the centers
for medicare and medicaid services health care common procedure
coding system.
(O) "Product" means one of the following types of categories
of coverage for which a participating provider may be obligated to
provide health care services pursuant to a health care contract:
(1) A health maintenance organization or other product
provided by a health insuring corporation;
(2) A preferred provider organization;
(4) Medicaid or the children's buy-in program established
under section 5101.5211 to 5101.5216 of the Revised Code;
(5) Workers' compensation.
(P) "Provider" means a physician, podiatrist, dentist,
chiropractor, optometrist, psychologist, physician assistant,
advanced practice nurse, occupational therapist, massage
therapist, physical therapist, professional counselor,
professional clinical counselor, hearing aid dealer, orthotist,
prosthetist, home health agency, hospice care program, or
hospital, or a provider organization or physician-hospital
organization that is acting exclusively as an administrator on
behalf of a provider to facilitate the provider's participation in
health care contracts. "Provider" does not mean a pharmacist,
pharmacy, nursing home, or a provider organization or
physician-hospital organization that leases the provider
organization's or physician-hospital organization's network to a
third party or contracts directly with employers or health and
welfare funds.
(Q) "Specialty health care services" has the same meaning as
in section 1751.01 of the Revised Code, except that it does not
include any services listed in division (B) of section 1751.01 of
the Revised Code that are provided by a pharmacist or a nursing
home.
(R) "Supplemental health care services" has the same meaning
as in division (B) of section 1751.01 of the Revised Code, except
that it does not include any services listed in that division that
are provided by a pharmacist or nursing home.
Sec. 3963.11. (A) No contracting entity shall do any of the
following:
(1) Offer to a provider other than a hospital a health care
contract that includes a most favored nation clause;
(2) Enter into a health care contract with a provider other
than a hospital that includes a most favored nation clause;
(3) Amend or renew an existing health care contract
previously entered into with a provider other than a hospital so
that the contract as amended or renewed adds or continues to
include a most favored nation clause.
(B) This section shall not go into effect until three years
after the effective date of this section.
(C)(B) As used in this section:
(1) "Contracting entity," "health care contract," "health
care services," "participating provider," and "provider" have the
same meanings as in section 3963.01 of the Revised Code.
(2) "Most favored nation clause" means a provision in a
health care contract that does any of the following:
(a) Prohibits, or grants a contracting entity an option to
prohibit, the participating provider from contracting with another
contracting entity to provide health care services at a lower
price than the payment specified in the contract;
(b) Requires, or grants a contracting entity an option to
require, the participating provider to accept a lower payment in
the event the participating provider agrees to provide health care
services to any other contracting entity at a lower price;
(c) Requires, or grants a contracting entity an option to
require, termination or renegotiation of the existing health care
contract in the event the participating provider agrees to provide
health care services to any other contracting entity at a lower
price;
(d) Requires the participating provider to disclose the
participating provider's contractual reimbursement rates with
other contracting entities.
Sec. 4113.11. (A) As specified in division (B) of this
section and except as provided in divisions (C) and (F)(E) of this
section, all employers that employ ten or more employees shall
adopt and maintain a cafeteria plan that allows the employer's
employees to pay for health insurance coverage by a salary
reduction arrangement as permitted under section 125 of the
Internal Revenue Code.
(B) Employers shall comply with the requirements of division
(A) of this section as follows:
(1) For employers that employ more than five hundred
employees, by not later than January 1, 2011, or six months after
the superintendent of insurance adopts rules as required by
division (E)(D) of this section, whichever is later;
(2) For employers that employ one hundred fifty to five
hundred employees, by not later than July 1, 2011, or twelve
months after the superintendent adopts rules as required by
division (E)(D) of this section, whichever is later;
(3) For employers that employ ten to one hundred forty-nine
employees, by not later than January 1, 2012, or eighteen months
after the superintendent adopts rules as required by division
(E)(D) of this section, whichever is later.
(C) This section shall not apply to employers that, through
other means than provided under this section, offer health
insurance coverage, reimburse for health insurance coverage, or
provide employees with opportunities to pay for health insurance
with pre-tax dollars through other salary reduction arrangements.
(D) The health care coverage and quality council created
under section 3923.90 of the Revised Code shall make
recommendations to the superintendent for both of the following:
(1) Development of strategies to educate, assist, and conduct
outreach to employers to simplify administrative processes with
respect to creating and maintaining cafeteria plans, including,
but not limited to, providing employers with model cafeteria plan
documents and technical assistance on creating and maintaining
cafeteria plans that conform with state and federal law;
(2) Development of strategies to educate, assist, and conduct
outreach to employees with respect to finding, selecting, and
purchasing a health insurance plan to be paid for through their
employer's cafeteria plan under this section.
(E)(1) The superintendent shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement and enforce
this section, including the strategies recommended by the council
pursuant to division (D) of this section.
(2) Prior to adopting rules under this division, the
superintendent shall consult any federal agency that has oversight
of cafeteria plans and employee welfare benefit plans, including
the internal revenue service and the United States department of
labor, and receive written confirmation that the rules adopted
will permit employers to establish cafeteria plans in accordance
with federal law. The written confirmation shall include a
determination that individual policies purchased pursuant to this
section do not need to comply with the group market rules
established by the "Health Insurance Portability and
Accountability Act of 1996."
(F)(E) The requirement provided in division (A) of this
section does not apply if the superintendent does not receive
written confirmation pursuant to division (E)(D)(2) of this
section that individual policies purchased pursuant to this
section do not need to comply with the group market rules
established by the "Health Insurance Portability and
Accountability Act of 1996."
(G)(F) Nothing in this section shall be construed as
requiring an employer to establish a cafeteria plan in a manner
that would violate federal law, including the "Employee Retirement
Income Security Act of 1974," the "Consolidated Omnibus Budget
Reconciliation Act of 1985," or the "Health Insurance Portability
and Accountability Act of 1996."
(H)(G) As used in this section:
(1) "Cafeteria plan" has the same meaning as in section 125
of the Internal Revenue Code.
(2) "Employer" has the same meaning as in section 4113.51 of
the Revised Code.
(3) "Employee" means an individual employed for consideration
who works twenty-five or more hours per week or who renders any
other standard of service generally accepted by custom or
specified by contract as full-time employment, except for a public
employee employed by a township or municipal corporation. In that
case, "employee" means an individual hired with the expectation
that the employee will work more than one thousand five hundred
hours in any year unless full-time employment is defined
differently in an applicable collective bargaining agreement.
Sec. 4113.61. (A)(1) If a subcontractor or material supplier
submits an application or request for payment or an invoice for
materials to a contractor in sufficient time to allow the
contractor to include the application, request, or invoice in the
contractor's own pay request submitted to an owner, the
contractor, within ten calendar days after receipt of payment from
the owner for improvements to property, shall pay to the:
(a) Subcontractor, an amount that is equal to the percentage
of completion of the subcontractor's contract allowed by the owner
for the amount of labor or work performed;
(b) Material supplier, an amount that is equal to all or that
portion of the invoice for materials which represents the
materials furnished by the material supplier.
The contractor may reduce the amount paid by any retainage
provision contained in the contract, invoice, or purchase order
between the contractor and the subcontractor or material supplier,
and may withhold amounts that may be necessary to resolve disputed
liens or claims involving the work or labor performed or material
furnished by the subcontractor or material supplier.
If the contractor fails to comply with division (A)(1) of
this section, the contractor shall pay the subcontractor or
material supplier, in addition to the payment due, interest in the
amount of eighteen per cent per annum of the payment due,
beginning on the eleventh day following the receipt of payment
from the owner and ending on the date of full payment of the
payment due plus interest to the subcontractor or material
supplier.
(2) If a lower tier subcontractor or lower tier material
supplier submits an application or request for payment or an
invoice for materials to a subcontractor, material supplier, or
other lower tier subcontractor or lower tier material supplier in
sufficient time to allow the subcontractor, material supplier, or
other lower tier subcontractor or lower tier material supplier to
include the application, request, or invoice in the
subcontractor's, material supplier's, or other lower tier
subcontractor's or lower tier material supplier's own pay request
submitted to a contractor, other subcontractor, material supplier,
lower tier subcontractor, or lower tier material supplier, the
subcontractor, material supplier, or other lower tier
subcontractor or lower tier material supplier, within ten calendar
days after receipt of payment from the contractor, other
subcontractor, material supplier, lower tier subcontractor, or
lower tier material supplier for improvements to property, shall
pay to the:
(a) Lower tier subcontractor, an amount that is equal to the
percentage of completion of the lower tier subcontractor's
contract allowed by the owner for the amount of labor or work
performed;
(b) Lower tier material supplier, an amount that is equal to
all or that portion of the invoice for materials which represents
the materials furnished by the lower tier material supplier.
The subcontractor, material supplier, lower tier
subcontractor, or lower tier material supplier may reduce the
amount paid by any retainage provision contained in the contract,
invoice, or purchase order between the subcontractor, material
supplier, lower tier subcontractor, or lower tier material
supplier and the lower tier subcontractor or lower tier material
supplier, and may withhold amounts that may be necessary to
resolve disputed liens or claims involving the work or labor
performed or material furnished by the lower tier subcontractor or
lower tier material supplier.
If the subcontractor, material supplier, lower tier
subcontractor, or lower tier material supplier fails to comply
with division (A)(2) of this section, the subcontractor, material
supplier, lower tier subcontractor, or lower tier material
supplier shall pay the lower tier subcontractor or lower tier
material supplier, in addition to the payment due, interest in the
amount of eighteen per cent per annum of the payment due,
beginning on the eleventh day following the receipt of payment
from the contractor, other subcontractor, material supplier, lower
tier subcontractor, or lower tier material supplier and ending on
the date of full payment of the payment due plus interest to the
lower tier subcontractor or lower tier material supplier.
(3) If a contractor receives any final retainage from the
owner for improvements to property, the contractor shall pay from
that retainage each subcontractor and material supplier the
subcontractor's or material supplier's proportion of the
retainage, within ten calendar days after receipt of the retainage
from the owner, or within the time period provided in a contract,
invoice, or purchase order between the contractor and the
subcontractor or material supplier, whichever time period is
shorter, provided that the contractor has determined that the
subcontractor's or material supplier's work, labor, and materials
have been satisfactorily performed or furnished and that the owner
has approved the subcontractor's or material supplier's work,
labor, and materials.
If the contractor fails to pay a subcontractor or material
supplier within the appropriate time period, the contractor shall
pay the subcontractor or material supplier, in addition to the
retainage due, interest in the amount of eighteen per cent per
annum of the retainage due, beginning on the eleventh day
following the receipt of the retainage from the owner and ending
on the date of full payment of the retainage due plus interest to
the subcontractor or material supplier.
(4) If a subcontractor, material supplier, lower tier
subcontractor, or lower tier material supplier receives any final
retainage from the contractor or other subcontractor, lower tier
subcontractor, or lower tier material supplier for improvements to
property, the subcontractor, material supplier, lower tier
subcontractor, or lower tier material supplier shall pay from that
retainage each lower tier subcontractor or lower tier the lower
tier subcontractor's or lower tier material supplier's proportion
of the retainage, within ten calendar days after receipt of
payment from the contractor or other subcontractor, lower tier
subcontractor, or lower tier material supplier, or within the time
period provided in a contract, invoice, or purchase order between
the subcontractor, material supplier, lower tier subcontractor, or
lower tier material supplier and the lower tier subcontractor or
lower tier material supplier, whichever time period is shorter,
provided that the subcontractor, material supplier, lower tier
subcontractor, or lower tier material supplier has determined that
the lower tier subcontractor's or lower tier material supplier's
work, labor, and materials have been satisfactorily performed or
furnished and that the owner has approved the lower tier
subcontractor's or lower tier material supplier's work, labor, and
materials.
If the subcontractor, material supplier, lower tier
subcontractor, or lower tier material supplier fails to pay the
lower tier subcontractor or lower tier material supplier within
the appropriate time period, the subcontractor, material supplier,
lower tier subcontractor, or lower tier material supplier shall
pay the lower tier subcontractor or lower tier material supplier,
in addition to the retainage due, interest in the amount of
eighteen per cent per annum of the retainage due, beginning on the
eleventh day following the receipt of the retainage from the
contractor or other subcontractor, lower tier subcontractor, or
lower tier material supplier and ending on the date of full
payment of the retainage due plus interest to the lower tier
subcontractor or lower tier material supplier.
(5) A contractor, subcontractor, or lower tier subcontractor
shall pay a laborer wages due within ten days of payment of any
application or request for payment or the receipt of any retainage
from an owner, contractor, subcontractor, or lower tier
subcontractor.
If the contractor, subcontractor, or lower tier subcontractor
fails to pay the laborer wages due within the appropriate time
period, the contractor, subcontractor, or lower tier subcontractor
shall pay the laborer, in addition to the wages due, interest in
the amount of eighteen per cent per annum of the wages due,
beginning on the eleventh day following the receipt of payment
from the owner, contractor, subcontractor, or lower tier
subcontractor and ending on the date of full payment of the wages
due plus interest to the laborer.
(B)(1) If a contractor, subcontractor, material supplier,
lower tier subcontractor, or lower tier material supplier has not
made payment in compliance with division (A)(1), (2), (3), (4), or
(5) of this section within thirty days after payment is due, a
subcontractor, material supplier, lower tier subcontractor, lower
tier material supplier, or laborer may file a civil action to
recover the amount due plus the interest provided in those
divisions. If the court finds in the civil action that a
contractor, subcontractor, material supplier, lower tier
subcontractor, or lower tier material supplier has not made
payment in compliance with those divisions, the court shall award
the interest specified in those divisions, in addition to the
amount due. Except as provided in division (B)(3) of this section,
the court shall award the prevailing party reasonable attorney
fees and court costs.
(2) In making a determination to award attorney fees under
division (B)(1) of this section, the court shall consider all
relevant factors, including but not limited to the following:
(a) The presence or absence of good faith allegations or
defenses asserted by the parties;
(b) The proportion of the amount of recovery as it relates to
the amount demanded;
(c) The nature of the services rendered and the time expended
in rendering the services.
(3) The court shall not award attorney fees under division
(B)(1) of this section if the court determines, following a
hearing on the payment of attorney fees, that the payment of
attorney fees to the prevailing party would be inequitable.
(C) This section does not apply to any construction or
improvement of any single-, two-, or three-family detached
dwelling houses.
(D)(1) No provision of this section regarding entitlement to
interest, attorney fees, or court costs may be waived by agreement
and any such term in any contract or agreement is void and
unenforceable as against public policy.
(2) This section shall not be construed as impairing or
affecting, in any way, the terms and conditions of any contract,
invoice, purchase order, or any other agreement between a
contractor and a subcontractor or a material supplier or between a
subcontractor and another subcontractor, a material supplier, a
lower tier subcontractor, or a lower tier material supplier,
except that if such terms and conditions contain time periods
which are longer than any of the time periods specified in
divisions (A)(1), (2), (3), (4), and (5) of this section or
interest at a percentage less than the interest stated in those
divisions, then the provisions of this section shall prevail over
such terms and conditions.
(E) Notwithstanding the definition of lower tier material
supplier in this section, a person is not a lower tier material
supplier unless the materials supplied by the person are:
(1) Furnished with the intent, as evidenced by the contract
of sale, the delivery order, delivery to the site, or by other
evidence that the materials are to be used on a particular
structure or improvement;
(2) Incorporated in the improvement or consumed as normal
wastage in the course of the improvement; or
(3) Specifically fabricated for incorporation in the
improvement and not readily resalable in the ordinary course of
the fabricator's business even if not actually incorporated in the
improvement.
(F) As used in this section:
(1) "Contractor" means any person who undertakes to
construct, alter, erect, improve, repair, demolish, remove, dig,
or drill any part of a structure or improvement under a contract
with an owner, or a "construction manager" or "construction
manager at risk" as that term is those terms are defined in
section 9.33 of the Revised Code, or a "design-build firm" as that
term is defined in section 153.65 of the Revised Code.
(2) "Laborer," "material supplier," "subcontractor," and
"wages" have the same meanings as in section 1311.01 of the
Revised Code.
(3) "Lower tier subcontractor" means a subcontractor who is
not in privity of contract with a contractor but is in privity of
contract with another subcontractor.
(4) "Lower tier material supplier" means a material supplier
who is not in privity of contract with a contractor but is in
privity of contract with another subcontractor or a material
supplier.
(5) "Wages due" means the wages due to a laborer as of the
date a contractor or subcontractor receives payment for any
application or request for payment or retainage from any owner,
contractor, or subcontractor.
(6) "Owner" includes the state, and a county, township,
municipal corporation, school district, or other political
subdivision of the state, and any public agency, authority, board,
commission, instrumentality, or special district of or in the
state or a county, township, municipal corporation, school
district, or other political subdivision of the state, and any
officer or agent thereof and relates to all the interests either
legal or equitable, which a person may have in the real estate
upon which improvements are made, including interests held by any
person under contracts of purchase, whether in writing or
otherwise.
Sec. 4115.03. As used in sections 4115.03 to 4115.16 of the
Revised Code:
(A) "Public authority" means any officer, board, or
commission of the state, or any political subdivision of the
state, authorized to enter into a contract for the construction of
a public improvement or to construct the same by the direct
employment of labor, or any institution supported in whole or in
part by public funds and said sections apply to expenditures of
such institutions made in whole or in part from public funds.
(B) "Construction" means either any of the following:
(1) Any Except as provided in division (B)(3) of this
section, any new construction of any a public improvement, the
total overall project cost of which is fairly estimated to be more
than
fifty thousand five million dollars adjusted biennially by
the director of commerce pursuant to section 4115.034 of the
Revised Code and performed by other than full-time employees who
have completed their probationary periods in the classified
service of a public authority;
(2) Any Except as provided in division (B)(4) of this
section, any reconstruction, enlargement, alteration, repair,
remodeling, renovation, or painting of any a public improvement,
the total overall project cost of which is fairly estimated to be
more than fifteen thousand five million dollars adjusted
biennially by the
administrator director pursuant to section
4115.034 of the Revised Code and performed by other than full-time
employees who have completed their probationary period in the
classified civil service of a public authority;
(3) Any new construction of a public improvement that
involves roads, streets, alleys, sewers, ditches, and other works
connected to road or bridge construction, the total overall
project cost of which is fairly estimated to be more than
seventy-eight thousand two hundred fifty-eight dollars adjusted
biennially by the director of commerce pursuant to section
4115.034 of the Revised Code and performed by other than full-time
employees who have completed their probationary periods in the
classified service of a public authority;
(4) Any reconstruction, enlargement, alteration, repair,
remodeling, renovation, or painting of a public improvement that
involves roads, streets, alleys, sewers, ditches, and other works
connected to road or bridge construction, the total overall
project cost of which is fairly estimated to be more than
twenty-three thousand four hundred forty-seven dollars adjusted
biennially by the director of commerce pursuant to section
4115.034 of the Revised code and performed by other than full-time
employees who have completed their probationary periods in the
classified service of a public authority.
(C) "Public improvement" includes all buildings, roads,
streets, alleys, sewers, ditches, sewage disposal plants, water
works, and all other structures or works constructed by a public
authority of the state or any political subdivision thereof or by
any person who, pursuant to a contract with a public authority,
constructs any structure for a public authority of the state or a
political subdivision thereof. When a public authority rents or
leases a newly constructed structure within six months after
completion of such construction, all work performed on such
structure to suit it for occupancy by a public authority is a
"public improvement." "Public improvement" does not include an
improvement authorized by section 1515.08 of the Revised Code that
is constructed pursuant to a contract with a soil and water
conservation district, as defined in section 1515.01 of the
Revised Code, or performed as a result of a petition filed
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code,
wherein no less than seventy-five per cent of the project is
located on private land and no less than seventy-five per cent of
the cost of the improvement is paid for by private property owners
pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised
Code. "Public improvement" does not include an improvement that is
neither constructed by a public authority nor constructed for the
benefit of a public authority, even if the improvement uses or
receives financing, grants, or in-kind support from a public
authority.
(D) "Locality" means the county wherein the physical work
upon any public improvement is being performed.
(E) "Prevailing wages" means the sum of the following:
(1) The basic hourly rate of pay;
(2) The rate of contribution irrevocably made by a contractor
or subcontractor to a trustee or to a third person pursuant to a
fund, plan, or program;
(3) The rate of costs to the contractor or subcontractor
which may be reasonably anticipated in providing the following
fringe benefits to laborers and mechanics pursuant to an
enforceable commitment to carry out a financially responsible plan
or program which was communicated in writing to the laborers and
mechanics affected:
(a) Medical or hospital care or insurance to provide such;
(b) Pensions on retirement or death or insurance to provide
such;
(c) Compensation for injuries or illnesses resulting from
occupational activities if it is in addition to that coverage
required by Chapters 4121. and 4123. of the Revised Code;
(d) Supplemental unemployment benefits that are in addition
to those required by Chapter 4141. of the Revised Code;
(f) Disability and sickness insurance;
(h) Vacation and holiday pay;
(i) Defraying of costs for apprenticeship or other similar
training programs which are beneficial only to the laborers and
mechanics affected;
(j) Other bona fide fringe benefits.
None of the benefits enumerated in division (E)(3) of this
section may be considered in the determination of prevailing wages
if federal, state, or local law requires contractors or
subcontractors to provide any of such benefits.
(F) "Interested party," with respect to a particular public
improvement, means:
(1) Any person who submits a bid for the purpose of securing
the award of a contract for construction of the public
improvement;
(2) Any person acting as a subcontractor of a person
mentioned in division (F)(1) of this section;
(3) Any bona fide organization of labor which has as members
or is authorized to represent employees of a person mentioned in
division (F)(1) or (2) of this section and which exists, in whole
or in part, for the purpose of negotiating with employers
concerning the wages, hours, or terms and conditions of employment
of employees;
(4) Any association having as members any of the persons
mentioned in division (F)(1) or (2) of this section.
(G) Except as used in division (A) of this section, "officer"
means an individual who has an ownership interest or holds an
office of trust, command, or authority in a corporation, business
trust, partnership, or association.
Sec. 4115.033. No public authority shall subdivide a public
improvement project into component parts or projects, the cost of
which is fairly estimated to be less than the threshold levels set
forth in divisions division (B)(1) and (2) of section 4115.03 of
the Revised Code, unless the projects are conceptually separate
and unrelated to each other, or encompass independent and
unrelated needs of the public authority.
Sec. 4115.034. On January 1, 1996, and the first day of
January of every even-numbered year thereafter, the director of
commerce shall adjust the threshold levels for which public
improvement projects are subject to sections 4115.03 to 4115.16 of
the Revised Code as set forth in divisions division (B)(1) and (2)
of section 4115.03 of the Revised Code. The director shall adjust
those amounts according to the average increase or decrease for
each of the two years immediately preceding the adjustment as set
forth in the United States department of commerce, bureau of the
census implicit price deflator for construction, provided that no
increase or decrease for any year shall exceed three per cent of
the threshold level in existence at the time of the adjustment.
Sec. 4115.04. (A)(1) Every public authority authorized to
contract for or construct with its own forces a public
improvement, before advertising for bids or undertaking such
construction with its own forces, shall have the director of
commerce determine the prevailing rates of wages of mechanics and
laborers in accordance with section 4115.05 of the Revised Code
for the class of work called for by the public improvement, in the
locality where the work is to be performed. Except as provided in
division (A)(2) of this section, that schedule of wages shall be
attached to and made part of the specifications for the work, and
shall be printed on the bidding blanks where the work is done by
contract. A copy of the bidding blank shall be filed with the
director before the contract is awarded. A minimum rate of wages
for common laborers, on work coming under the jurisdiction of the
department of transportation, shall be fixed in each county of the
state by the department of transportation, in accordance with
section 4115.05 of the Revised Code.
(2) In the case of contracts that are administered by the
department of natural resources, the director of natural resources
or the director's designee shall include language in the contracts
requiring wage rate determinations and updates to be obtained
directly from the department of commerce through electronic or
other means as appropriate. Contracts that include this
requirement are exempt from the requirements established in
division (A)(1) of this section that involve attaching the
schedule of wages to the specifications for the work, making the
schedule part of those specifications, and printing the schedule
on the bidding blanks where the work is done by contract.
(B) Sections 4115.03 to 4115.16 of the Revised Code do not
apply to:
(1) Public improvements in any case where the federal
government or any of its agencies furnishes by loan or grant all
or any part of the funds used in constructing such improvements,
provided that the federal government or any of its agencies
prescribes predetermined minimum wages to be paid to mechanics and
laborers employed in the construction of such improvements;
(2) A participant in a work activity, developmental activity,
or an alternative work activity under sections 5107.40 to 5107.69
of the Revised Code when a public authority directly uses the
labor of the participant to construct a public improvement if the
participant is not engaged in paid employment or subsidized
employment pursuant to the activity;
(3) Public improvements undertaken by, or under contract for,
the board of education of any school district or the governing
board of any educational service center;
(4) Public improvements undertaken by, or under contract for,
a county hospital operated pursuant to Chapter 339. of the Revised
Code or a municipal hospital operated pursuant to Chapter 749. of
the Revised Code if none of the funds used in constructing the
improvements are the proceeds of bonds or other obligations that
are secured by the full faith and credit of the state, a county, a
township, or a municipal corporation and none of the funds used in
constructing the improvements, including funds used to repay any
amounts borrowed to construct the improvements, are funds that
have been appropriated for that purpose by the state, a board of
county commissioners, a township, or a municipal corporation from
funds generated by the levy of a tax, provided that a county
hospital or municipal hospital may elect to apply sections 4115.03
to 4115.16 of the Revised Code to a public improvement undertaken
by, or under contract for, the hospital;
(5) Any project described in divisions (D)(1)(a) to (D)(1)(e)
of section 176.05 of the Revised Code;
(6) Public improvements undertaken by, or under contract for,
a state institution of higher education as defined in section
3345.12 of the Revised Code;
(7) Public improvements undertaken by, or under contract for,
a port authority as defined in section 4582.01 of the Revised
Code.
(C) Under no circumstances shall a public authority apply the
prevailing wage requirements of this chapter to a public
improvement that is exempt under division (B)(3) or (6) of this
section.
Sec. 4115.10. (A) No person, firm, corporation, or public
authority that constructs a public improvement with its own
forces, the total overall project cost of which is fairly
estimated to be more than the amounts set forth in division (B)(1)
or (2) of section 4115.03 of the Revised Code, adjusted biennially
by the director of commerce pursuant to section 4115.034 of the
Revised Code, shall violate the wage provisions of sections
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or
require any employee to work for less than the rate of wages so
fixed, or violate the provisions of section 4115.07 of the Revised
Code. Any employee upon any public improvement, except an employee
to whom or on behalf of whom restitution is made pursuant to
division (C) of section 4115.13 of the Revised Code, who is paid
less than the fixed rate of wages applicable thereto may recover
from such person, firm, corporation, or public authority that
constructs a public improvement with its own forces the difference
between the fixed rate of wages and the amount paid to the
employee and in addition thereto a sum equal to twenty-five per
cent of that difference. The person, firm, corporation, or public
authority who fails to pay the rate of wages so fixed also shall
pay a penalty to the director of seventy-five per cent of the
difference between the fixed rate of wages and the amount paid to
the employees on the public improvement. The director shall
deposit all moneys received from penalties paid to the director
pursuant to this section into the penalty enforcement labor
operating fund, which is hereby created in the state treasury. The
director shall use the fund for the enforcement of sections
4115.03 to 4115.16 of the Revised Code. The employee may file suit
for recovery within ninety days of the director's determination of
a violation of sections 4115.03 to 4115.16 of the Revised Code or
is barred from further action under this division. Where the
employee prevails in a suit, the employer shall pay the costs and
reasonable attorney's fees allowed by the court.
(B) Any employee upon any public improvement who is paid less
than the prevailing rate of wages applicable thereto may file a
complaint in writing with the director upon a form furnished by
the director. The complaint shall include documented evidence to
demonstrate that the employee was paid less than the prevailing
wage in violation of this chapter. Upon receipt of a properly
completed written complaint of any employee paid less than the
prevailing rate of wages applicable, the director shall take an
assignment of a claim in trust for the assigning employee and
bring any legal action necessary to collect the claim. The
employer shall pay the costs and reasonable attorney's fees
allowed by the court if the employer is found in violation of
sections 4115.03 to 4115.16 of the Revised Code.
(C) If after investigation pursuant to section 4115.13 of the
Revised Code, the director determines there is a violation of
sections 4115.03 to 4115.16 of the Revised Code and a period of
sixty days has elapsed from the date of the determination, and if:
(1) No employee has brought suit pursuant to division (A) of
this section;
(2) No employee has requested that the director take an
assignment of a wage claim pursuant to division (B) of this
section;.
The director shall bring any legal action necessary to
collect any amounts owed to employees and the director. The
director shall pay over to the affected employees the amounts
collected to which the affected employees are entitled under
division (A) of this section. In any action in which the director
prevails, the employer shall pay the costs and reasonable
attorney's fees allowed by the court.
(D) Where persons are employed and their rate of wages has
been determined as provided in section 4115.04 of the Revised
Code, no person, either for self or any other person, shall
request, demand, or receive, either before or after the person is
engaged, that the person so engaged pay back, return, donate,
contribute, or give any part or all of the person's wages, salary,
or thing of value, to any person, upon the statement,
representation, or understanding that failure to comply with such
request or demand will prevent the procuring or retaining of
employment, and no person shall, directly or indirectly, aid,
request, or authorize any other person to violate this section.
This division does not apply to any agent or representative of a
duly constituted labor organization acting in the collection of
dues or assessments of such organization.
(E) The director shall enforce sections 4115.03 to 4115.16 of
the Revised Code.
(F) For the purpose of supplementing existing resources and
to assist in enforcing division (E) of this section, the director
may contract with a person registered as a public accountant under
Chapter 4701. of the Revised Code to conduct an audit of a person,
firm, corporation, or public authority.
Sec. 4115.101. There is hereby created the prevailing wage
custodial fund, which shall be in the custody of the treasurer of
state but shall not be part of the state treasury. The director of
commerce shall deposit to the fund all money paid by employers to
the director that are held in trust for employees to whom
prevailing wages are due and owing. The director shall make
disbursements from the fund in accordance with this chapter to
employees affected by violations of this chapter. If the director
determines that any funds in the prevailing wage custodial fund
are not returnable to employees as required under this section,
then the director shall certify to the treasurer of state the
amount of the funds that are not returnable. Upon the receipt of a
certification from the director in accordance with this section,
the treasurer of state shall transfer the certified amount of the
funds from the prevailing wage custodial fund to the labor
operating fund.
Sec. 4115.16. (A) An interested party may file a complaint
with the director of commerce alleging a violation of sections
4115.03 to 4115.16 of the Revised Code. The director, upon receipt
of a complaint, shall investigate pursuant to section 4115.13 of
the Revised Code. If the director determines that no violation has
occurred or that the violation was not intentional, the interested
party may appeal the decision to the court of common pleas of the
county where the violation is alleged to have occurred.
(B) If the director has not ruled on the merits of the
complaint within sixty days after its filing, the interested party
may file a complaint in the court of common pleas of the county in
which the violation is alleged to have occurred. The complaint may
make the contracting public authority a party to the action, but
not the director. Contemporaneous with service of the complaint,
the interested party shall deliver a copy of the complaint to the
director. Upon receipt thereof, the director shall cease
investigating or otherwise acting upon the complaint filed
pursuant to division (A) of this section. The court in which the
complaint is filed pursuant to this division shall hear and decide
the case, and upon finding that a violation has occurred, shall
make such orders as will prevent further violation and afford to
injured persons the relief specified under sections 4115.03 to
4115.16 of the Revised Code. The court's finding that a violation
has occurred shall have the same consequences as a like
determination by the director. The court may order the director to
take such action as will prevent further violation and afford to
injured persons the remedies specified under sections 4115.03 to
4115.16 of the Revised Code. Upon receipt of any order of the
court pursuant to this section, the director shall undertake
enforcement action without further investigation or hearings.
(C) The director shall make available to the parties to any
appeal or action pursuant to under this section all files,
documents, affidavits, or other information in the director's
possession that pertain to the matter. The rules generally
applicable to civil actions in the courts of this state shall
govern all appeals or actions under this section. Any
determination of a court under this section is subject to
appellate review.
(D) Where, pursuant to this section, a court finds a
violation of sections 4115.03 to 4115.16 of the Revised Code, the
court shall award attorney fees and court costs to the prevailing
party. In the event the court finds that no violation has
occurred, the court may award court costs and attorney fees to the
prevailing party, other than to the director or the public
authority, where the court finds the action brought was
unreasonable or without foundation, even though not brought in
subjective bad faith.
Sec. 4116.01. As used in sections 4116.01 to 4116.04 of the
Revised Code:
(A) "Public authority" means any officer, board, or
commission of the state, or any political subdivision of the
state, or any institution supported in whole or in part by public
funds, authorized to enter into a contract for the construction of
a public improvement or to construct a public improvement by the
direct employment of labor. "Public authority" shall not mean any
municipal corporation that has adopted a charter under sections
three and seven of article XVIII of the Ohio
constitution
Constitution, unless the specific contract for a public
improvement includes state funds appropriated for the purposes of
that public improvement.
(B) "Construction" means all of the following:
(1) Any new construction of any public improvement performed
by other than full-time employees who have completed their
probationary periods in the classified service of a public
authority;
(2) Any reconstruction, enlargement, alteration, repair,
remodeling, renovation, or painting of any public improvement
performed by other than full-time employees who have completed
their probationary period in the classified civil service of a
public authority;
(3) Construction on any project, facility, or project
facility to which section 122.452, 122.80, 165.031, 166.02,
1551.13, or 1728.07, or 3706.042 of the Revised Code applies;
(4) Construction on any project as defined in section 122.39
of the Revised Code, any project as defined in section 165.01 of
the Revised Code, any energy resource development facility as
defined in section 1551.01 of the Revised Code, or any project as
defined in section 3706.01 of the Revised Code.
(C) "Public improvement" means all buildings, roads, streets,
alleys, sewers, ditches, sewage disposal plants, water works, and
other structures or works constructed by a public authority or by
any person who, pursuant to a contract with a public authority,
constructs any structure or work for a public authority. When a
public authority rents or leases a newly constructed structure
within six months after completion of its construction, all work
performed on that structure to suit it for occupancy by a public
authority is a "public improvement."
(D) "Interested party," with respect to a particular public
improvement, means all of the following:
(1) Any person who submits a bid for the purpose of securing
the award of a contract for the public improvement;
(2) Any person acting as a subcontractor of a person
mentioned in division (D)(1) of this section;
(3) Any association having as members any of the persons
mentioned in division (D)(1) or (2) of this section;
(4) Any employee of a person mentioned in division (D)(1),
(2), or (3) of this section;
(5) Any individual who is a resident of the jurisdiction of
the public authority for whom products or services for a public
improvement are being procured or for whom work on a public
improvement is being performed.
Sec. 4117.01. As used in this chapter:
(A) "Person," in addition to those included in division (C)
of section 1.59 of the Revised Code, includes employee
organizations, public employees, and public employers.
(B) "Public employer" means the state or any political
subdivision of the state located entirely within the state,
including, without limitation, any municipal corporation with a
population of at least five thousand according to the most recent
federal decennial census; county; township with a population of at
least five thousand in the unincorporated area of the township
according to the most recent federal decennial census; school
district; governing authority of a community school established
under Chapter 3314. of the Revised Code; college preparatory
boarding school established under Chapter 3328. of the Revised
Code or its operator; state institution of higher learning; public
or special district; state agency, authority, commission, or
board; or other branch of public employment. "Public employer"
does not include the nonprofit corporation formed under section
187.01 of the Revised Code or the governing authority of a
community school established under Chapter 3314. of the Revised
Code.
(C) "Public employee" means any person holding a position by
appointment or employment in the service of a public employer,
including any person working pursuant to a contract between a
public employer and a private employer and over whom the national
labor relations board has declined jurisdiction on the basis that
the involved employees are employees of a public employer, except:
(1) Persons holding elective office;
(2) Employees of the general assembly and employees of any
other legislative body of the public employer whose principal
duties are directly related to the legislative functions of the
body;
(3) Employees on the staff of the governor or the chief
executive of the public employer whose principal duties are
directly related to the performance of the executive functions of
the governor or the chief executive;
(4) Persons who are members of the Ohio organized militia,
while training or performing duty under section 5919.29 or 5923.12
of the Revised Code;
(5) Employees of the state employment relations board,
including those employees of the state employment relations board
utilized by the state personnel board of review in the exercise of
the powers and the performance of the duties and functions of the
state personnel board of review;
(6) Confidential employees;
(7) Management level employees;
(8) Employees and officers of the courts, assistants to the
attorney general, assistant prosecuting attorneys, and employees
of the clerks of courts who perform a judicial function;
(9) Employees of a public official who act in a fiduciary
capacity, appointed pursuant to section 124.11 of the Revised
Code;
(11) Students whose primary purpose is educational training,
including graduate assistants or associates, residents, interns,
or other students working as part-time public employees less than
fifty per cent of the normal year in the employee's bargaining
unit;
(12) Employees of county boards of election;
(13) Seasonal and casual employees as determined by the state
employment relations board;
(14) Part-time faculty members of an institution of higher
education;
(15) Participants in a work activity, developmental activity,
or alternative work activity under sections 5107.40 to 5107.69 of
the Revised Code who perform a service for a public employer that
the public employer needs but is not performed by an employee of
the public employer if the participant is not engaged in paid
employment or subsidized employment pursuant to the activity;
(16) Employees included in the career professional service of
the department of transportation under section 5501.20 of the
Revised Code;
(17) Employees of community-based correctional facilities and
district community-based correctional facilities created under
sections 2301.51 to 2301.58 of the Revised Code who are not
subject to a collective bargaining agreement on June 1, 2005.
(D) "Employee organization" means any labor or bona fide
organization in which public employees participate and that exists
for the purpose, in whole or in part, of dealing with public
employers concerning grievances, labor disputes, wages, hours,
terms, and other conditions of employment.
(E) "Exclusive representative" means the employee
organization certified or recognized as an exclusive
representative under section 4117.05 of the Revised Code.
(F) "Supervisor" means any individual who has authority, in
the interest of the public employer, to hire, transfer, suspend,
lay off, recall, promote, discharge, assign, reward, or discipline
other public employees; to responsibly direct them; to adjust
their grievances; or to effectively recommend such action, if the
exercise of that authority is not of a merely routine or clerical
nature, but requires the use of independent judgment, provided
that:
(1) Employees of school districts who are department
chairpersons or consulting teachers shall not be deemed
supervisors;
(2) With respect to members of a police or fire department,
no person shall be deemed a supervisor except the chief of the
department or those individuals who, in the absence of the chief,
are authorized to exercise the authority and perform the duties of
the chief of the department. Where prior to June 1, 1982, a public
employer pursuant to a judicial decision, rendered in litigation
to which the public employer was a party, has declined to engage
in collective bargaining with members of a police or fire
department on the basis that those members are supervisors, those
members of a police or fire department do not have the rights
specified in this chapter for the purposes of future collective
bargaining. The state employment relations board shall decide all
disputes concerning the application of division (F)(2) of this
section.
(3) With respect to faculty members of a state institution of
higher education, heads of departments or divisions are
supervisors; however, no other faculty member or group of faculty
members is a supervisor solely because the faculty member or group
of faculty members participate in decisions with respect to
courses, curriculum, personnel, or other matters of academic
policy;
(4) No teacher as defined in section 3319.09 of the Revised
Code shall be designated as a supervisor or a management level
employee unless the teacher is employed under a contract governed
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and
is assigned to a position for which a license deemed to be for
administrators under state board rules is required pursuant to
section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual
obligation of the public employer, by its representatives, and the
representatives of its employees to negotiate in good faith at
reasonable times and places with respect to wages, hours, terms,
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a collective
bargaining agreement, with the intention of reaching an agreement,
or to resolve questions arising under the agreement. "To bargain
collectively" includes executing a written contract incorporating
the terms of any agreement reached. The obligation to bargain
collectively does not mean that either party is compelled to agree
to a proposal nor does it require the making of a concession.
(H) "Strike" means continuous concerted action in failing to
report to duty; willful absence from one's position; or stoppage
of work in whole from the full, faithful, and proper performance
of the duties of employment, for the purpose of inducing,
influencing, or coercing a change in wages, hours, terms, and
other conditions of employment. "Strike" does not include a
stoppage of work by employees in good faith because of dangerous
or unhealthful working conditions at the place of employment that
are abnormal to the place of employment.
(I) "Unauthorized strike" includes, but is not limited to,
concerted action during the term or extended term of a collective
bargaining agreement or during the pendency of the settlement
procedures set forth in section 4117.14 of the Revised Code in
failing to report to duty; willful absence from one's position;
stoppage of work; slowdown, or abstinence in whole or in part from
the full, faithful, and proper performance of the duties of
employment for the purpose of inducing, influencing, or coercing a
change in wages, hours, terms, and other conditions of employment.
"Unauthorized strike" includes any such action, absence, stoppage,
slowdown, or abstinence when done partially or intermittently,
whether during or after the expiration of the term or extended
term of a collective bargaining agreement or during or after the
pendency of the settlement procedures set forth in section 4117.14
of the Revised Code.
(J) "Professional employee" means any employee engaged in
work that is predominantly intellectual, involving the consistent
exercise of discretion and judgment in its performance and
requiring knowledge of an advanced type in a field of science or
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished
from a general academic education or from an apprenticeship; or an
employee who has completed the courses of specialized intellectual
instruction and is performing related work under the supervision
of a professional person to become qualified as a professional
employee.
(K) "Confidential employee" means any employee who works in
the personnel offices of a public employer and deals with
information to be used by the public employer in collective
bargaining; or any employee who works in a close continuing
relationship with public officers or representatives directly
participating in collective bargaining on behalf of the employer.
(L) "Management level employee" means an individual who
formulates policy on behalf of the public employer, who
responsibly directs the implementation of policy, or who may
reasonably be required on behalf of the public employer to assist
in the preparation for the conduct of collective negotiations,
administer collectively negotiated agreements, or have a major
role in personnel administration. Assistant superintendents,
principals, and assistant principals whose employment is governed
by section 3319.02 of the Revised Code are management level
employees. With respect to members of a faculty of a state
institution of higher education, no person is a management level
employee because of the person's involvement in the formulation or
implementation of academic or institution policy.
(M) "Wages" means hourly rates of pay, salaries, or other
forms of compensation for services rendered.
(N) "Member of a police department" means a person who is in
the employ of a police department of a municipal corporation as a
full-time regular police officer as the result of an appointment
from a duly established civil service eligibility list or under
section 737.15 or 737.16 of the Revised Code, a full-time deputy
sheriff appointed under section 311.04 of the Revised Code, a
township constable appointed under section 509.01 of the Revised
Code, or a member of a township police district police department
appointed under section 505.49 of the Revised Code.
(O) "Members of the state highway patrol" means highway
patrol troopers and radio operators appointed under section
5503.01 of the Revised Code.
(P) "Member of a fire department" means a person who is in
the employ of a fire department of a municipal corporation or a
township as a fire cadet, full-time regular firefighter, or
promoted rank as the result of an appointment from a duly
established civil service eligibility list or under section
505.38, 709.012, or 737.22 of the Revised Code.
(Q) "Day" means calendar day.
Sec. 4117.03. (A) Public employees have the right to:
(1) Form, join, assist, or participate in, or refrain from
forming, joining, assisting, or participating in, except as
otherwise provided in Chapter 4117. of the Revised Code, any
employee organization of their own choosing;
(2) Engage in other concerted activities for the purpose of
collective bargaining or other mutual aid and protection;
(3) Representation by an employee organization;
(4) Bargain collectively with their public employers to
determine wages, hours, terms and other conditions of employment
and the continuation, modification, or deletion of an existing
provision of a collective bargaining agreement, and enter into
collective bargaining agreements;
(5) Present grievances and have them adjusted, without the
intervention of the bargaining representative, as long as the
adjustment is not inconsistent with the terms of the collective
bargaining agreement then in effect and as long as the bargaining
representatives have the opportunity to be present at the
adjustment.
(B) Persons on active duty or acting in any capacity as
members of the organized militia do not have collective bargaining
rights. Employees of a community school established under Chapter
3314. of the Revised Code do not have collective bargaining
rights. A community school established under Chapter 3314. of the
Revised Code shall not bargain collectively with its employees,
except as provided in section 3314.10 of the Revised Code.
(C) Except as provided in division (D) of this section,
nothing in Chapter 4117. of the Revised Code prohibits public
employers from electing to engage in collective bargaining, to
meet and confer, to hold discussions, or to engage in any other
form of collective negotiations with public employees who are not
subject to Chapter 4117. of the Revised Code pursuant to division
(C) of section 4117.01 of the Revised Code.
(D) A public employer shall not engage in collective
bargaining or other forms of collective negotiations with the
employees of county boards of elections referred to in division
(C)(12) of section 4117.01 of the Revised Code.
(E) Employees of public schools may bargain collectively for
health care benefits; however, all health care benefits shall
include best practices prescribed by the school employees health
care board, in accordance with section 9.901 of the Revised Code.
Sec. 4117.06. (A) The state employment relations board shall
decide in each case the unit appropriate for the purposes of
collective bargaining. The determination is final and conclusive
and not appealable to the court.
(B) The board shall determine the appropriateness of each
bargaining unit and shall consider among other relevant factors:
the desires of the employees; the community of interest; wages,
hours, and other working conditions of the public employees; the
effect of over-fragmentation; the efficiency of operations of the
public employer; the administrative structure of the public
employer; and the history of collective bargaining.
(C) The board may determine a unit to be the appropriate unit
in a particular case, even though some other unit might also be
appropriate.
(D) In addition, in determining the appropriate unit, the
board shall not:
(1) Decide that any unit is appropriate if the unit includes
both professional and nonprofessional employees, unless a majority
of the professional employees and a majority of the
nonprofessional employees first vote for inclusion in the unit;
(2) Include guards or correction officers at correctional or
mental institutions, special police officers appointed in
accordance with sections 5119.14 and 5123.13 of the Revised Code,
psychiatric attendants employed at mental health forensic
facilities, youth leaders employed at juvenile correction
facilities, or any public employee employed as a guard to enforce
against other employees rules to protect property of the employer
or to protect the safety of persons on the employer's premises in
a unit with other employees;
(3) Include members of a police or fire department or members
of the state highway patrol in a unit with other classifications
of public employees of the department;
(4) Designate as appropriate a bargaining unit that contains
more than one institution of higher education; nor shall it within
any such institution of higher education designate as appropriate
a unit where such designation would be inconsistent with the
accreditation standards or interpretations of such standards,
governing such institution of higher education or any department,
school, or college thereof. For the purposes of this division, any
branch or regional campus of a public institution of higher
education is part of that institution of higher education.
(5) Designate as appropriate a bargaining unit that contains
employees within the jurisdiction of more than one elected county
office holder, unless the county-elected office holder and the
board of county commissioners agree to such other designation;
(6) With respect to members of a police department, designate
as appropriate a unit that includes rank and file members of the
department with members who are of the rank of sergeant or above;
(7) Except as otherwise provided by division (A)(3) of
section 3314.10 or division (B) of section 3326.18 of the Revised
Code, designate as appropriate a bargaining unit that contains
employees from multiple community schools established under
Chapter 3314. or multiple science, technology, engineering, and
mathematics schools established under Chapter 3326. of the Revised
Code. For purposes of this division, more than one unit may be
designated within a single community school or science,
technology, engineering, and mathematics school.
This section shall not be deemed to prohibit multiunit
bargaining.
Sec. 4123.27. Information contained in the annual statement
provided for in section 4123.26 of the Revised Code, and such
other information as may be furnished to the bureau of workers'
compensation by employers in pursuance of that section, is for the
exclusive use and information of the bureau in the discharge of
its official duties, and shall not be open to the public nor be
used in any court in any action or proceeding pending therein
unless the bureau is a party to the action or proceeding; but the
information contained in the statement may be tabulated and
published by the bureau in statistical form for the use and
information of other state departments and the public. No person
in the employ of the bureau, except those who are authorized by
the administrator of workers' compensation, shall divulge any
information secured by the person while in the employ of the
bureau in respect to the transactions, property, claim files,
records, or papers of the bureau or in respect to the business or
mechanical, chemical, or other industrial process of any company,
firm, corporation, person, association, partnership, or public
utility to any person other than the administrator or to the
superior of such employee of the bureau.
Notwithstanding the restrictions imposed by this section, the
governor, select or standing committees of the general assembly,
the auditor of state, the attorney general, or their designees,
pursuant to the authority granted in this chapter and Chapter
4121. of the Revised Code, may examine any records, claim files,
or papers in possession of the industrial commission or the
bureau. They also are bound by the privilege that attaches to
these papers.
The administrator shall report to the director of job and
family services or to the county director of job and family
services the name, address, and social security number or other
identification number of any person receiving workers'
compensation whose name or social security number or other
identification number is the same as that of a person required by
a court or child support enforcement agency to provide support
payments to a recipient or participant of public assistance, as
that term is defined in section 5101.181 of the Revised Code, and
whose name is submitted to the administrator by the director under
section 5101.36 of the Revised Code. The administrator also shall
inform the director of the amount of workers' compensation paid to
the person during such period as the director specifies.
Within fourteen days after receiving from the director of job
and family services a list of the names and social security
numbers of recipients or participants of public assistance
pursuant to section 5101.181 of the Revised Code, the
administrator shall inform the auditor of state of the name,
current or most recent address, and social security number of each
person receiving workers' compensation pursuant to this chapter
whose name and social security number are the same as that of a
person whose name or social security number was submitted by the
director. The administrator also shall inform the auditor of state
of the amount of workers' compensation paid to the person during
such period as the director specifies.
The bureau and its employees, except for purposes of
furnishing the auditor of state with information required by this
section, shall preserve the confidentiality of recipients or
participants of public assistance in compliance with division (A)
of section 5101.181 of the Revised Code.
For the purposes of this section, "public assistance" means
medical assistance provided through the medical assistance program
established under section 5111.01 of the Revised Code, Ohio works
first provided under Chapter 5107. of the Revised Code,
prevention, retention, and contingency benefits and services
provided under Chapter 5108. of the Revised Code, or disability
financial assistance provided under Chapter 5115. of the Revised
Code.
Sec. 4131.03. (A) For the relief of persons who are entitled
to receive benefits by virtue of the federal act, there is hereby
established a coal-workers pneumoconiosis fund, which shall be
separate from the funds established and administered pursuant to
Chapter 4123. of the Revised Code. The fund shall consist of
premiums and other payments thereto by subscribers who elect to
subscribe to the fund to insure the payment of benefits required
by the federal act.
(B)(1) The coal-workers pneumoconiosis fund shall be in the
custody of the treasurer of state. The bureau of workers'
compensation shall make disbursements from the fund to those
persons entitled to payment therefrom and in the amounts required
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All
investment earnings of the fund shall be credited to the fund.
(2) The Beginning July 1, 2011, and ending June 30, 2013, the
director of natural resources annually may request the
administrator of workers' compensation to transfer a portion of
the investment earnings credited to the coal-workers
pneumoconiosis fund as provided in this division. If the
administrator receives a request from the director, the
administrator of workers' compensation may, on the first day of
July, or as soon as possible after that date, shall transfer a
portion of from the investment earnings credited to the
coal-workers pneumoconiosis fund an amount not to exceed three
million dollars to the mine safety fund created in section 1561.24
of the Revised Code for the purposes specified in that section and
an amount not to exceed one million five hundred thousand dollars
to the coal mining administration and reclamation reserve fund
created in section 1513.181 of the Revised Code for the purposes
specified in that section. The administrator, with the advice and
consent of the bureau of workers' compensation board of directors,
shall adopt rules governing the transfer in order to ensure the
solvency of the coal-workers pneumoconiosis fund. For that
purpose, the rules may establish tests based on measures of net
assets, liabilities, expenses, interest, dividend income, or other
factors that the administrator determines appropriate that may be
applied prior to a transfer.
(C) The administrator shall have the same powers to invest
any of the surplus or reserve belonging to the coal-workers
pneumoconiosis fund as are delegated to the administrator under
section 4123.44 of the Revised Code with respect to the state
insurance fund.
(D) If the administrator determines that reinsurance of the
risks of the coal-workers pneumoconiosis fund is necessary to
assure solvency of the fund, the administrator may:
(1) Enter into contracts for the purchase of reinsurance
coverage of the risks of the fund with any company or agency
authorized by law to issue contracts of reinsurance;
(2) Pay the cost of reinsurance from the fund;
(3) Include the costs of reinsurance as a liability and
estimated liability of the fund.
Sec. 4141.08. (A) There is hereby created an unemployment
compensation advisory council appointed as follows:
(1) Three members who on account of their vocation,
employment, or affiliations can be classed as representative of
employers and three members who on account of their vocation,
employment, or affiliation can be classed as representatives of
employees appointed by the governor with the advice and consent of
the senate. All appointees shall be persons whose training and
experience qualify them to deal with the difficult problems of
unemployment compensation, particularly with respect to the legal,
accounting, actuarial, economic, and social aspects of
unemployment compensation;
(2) The chairpersons of the standing committees of the senate
and the house of representatives to which legislation pertaining
to Chapter 4141. of the Revised Code is customarily referred;
(3) Two members of the senate appointed by the president of
the senate; and
(4) Two members of the house of representatives appointed by
the speaker of the house of representatives.
The speaker and the president shall arrange that of the six
legislative members appointed to the council, not more than three
are members of the same political party.
(B) Members appointed by the governor shall serve for a term
of four years, each term ending on the same day as the date of
their original appointment. Legislative members shall serve during
the session of the general assembly to which they are elected and
for as long as they are members of the general assembly. Vacancies
shall be filled in the same manner as the original appointment but
only for the unexpired part of a term.
(C) Members of the council shall serve without salary but,
notwithstanding section 101.26 of the Revised Code, shall be paid
a meeting stipend of fifty dollars per day each and their actual
and necessary expenses while engaged in the performance of their
duties as members of the council which shall be paid from funds
allocated to pay the expenses of the council pursuant to this
section.
(D) The council shall organize itself and select a
chairperson or co-chairpersons and other officers and committees
as it considers necessary. Seven members constitute a quorum and
the council may act only upon the affirmative vote of seven
members. The council shall meet at least once each calendar
quarter but it may meet more often as the council considers
necessary or at the request of the chairperson.
(E) The council may employ professional and clerical
assistance as it considers necessary and may request of the
director of job and family services assistance as it considers
necessary. The director shall furnish the council with office and
meeting space as requested by the council.
(F) The director shall pay the operating expenses of the
council as determined by the council from moneys in the
unemployment compensation special administrative fund established
in section 4141.11 of the Revised Code.
(G) The council shall have access to only the records of the
department of job and family services that are necessary for the
administration of this chapter and to the reasonable services of
the employees of the department. It may request the director, or
any of the employees appointed by the director, or any employer or
employee subject to this chapter, to appear before it and to
testify relative to the functioning of this chapter and to other
relevant matters. The council may conduct research of its own,
make and publish reports, and recommend to the director, the
unemployment compensation review commission, the governor, or the
general assembly needed changes in this chapter, or in the rules
of the department as it considers necessary.
Sec. 4141.11. There is hereby created in the state treasury
the unemployment compensation special administrative fund. The
fund shall consist of all interest collected on delinquent
contributions pursuant to this chapter, all fines and forfeitures
collected under this chapter, and all court costs and interest
paid or collected in connection with the repayment of fraudulently
obtained benefits pursuant to section 4141.35 of the Revised Code.
All interest earned on the money in the fund shall be retained in
the fund and shall not be credited or transferred to any other
fund or account, except as provided in division (B) of this
section. All moneys which are deposited or paid into this fund may
be used by:
(A) The director of job and family services
with the approval
of the unemployment compensation advisory council whenever it
appears that such use is necessary for:
(1) The proper administration of this chapter and no federal
funds are available for the specific purpose for which the
expenditure is to be made, provided the moneys are not substituted
for appropriations from federal funds, which in the absence of
such moneys would be available;
(2) The proper administration of this chapter for which
purpose appropriations from federal funds have been requested and
approved but not received, provided the fund would be reimbursed
upon receipt of the federal appropriation;
(3) To the extent possible, the repayment to the unemployment
compensation administration fund of moneys found by the proper
agency of the United States to have been lost or expended for
purposes other than, or an amount in excess of, those found
necessary by the proper agency of the United States for the
administration of this chapter.
(B) The director or the director's deputy whenever it appears
that such use is necessary for the payment of refunds or
adjustments of interest, fines, forfeitures, or court costs
erroneously collected and paid into this fund pursuant to this
chapter.
(C) The director, to pay state disaster unemployment benefits
pursuant to section 4141.292 of the Revised Code. The director
need not have prior approval from the council to make these
payments.
(D) The director, to pay any costs attributable to the
director that are associated with the sale of real property under
section 4141.131 of the Revised Code. The director need not have
prior approval from the council to make these payments.
Whenever the balance in the unemployment compensation special
administrative fund is considered to be excessive by the
council
director, the director shall request the director of budget and
management to transfer to the unemployment compensation fund the
amount considered to be excessive. Any balance in the unemployment
compensation special administrative fund shall not lapse at any
time, but shall be continuously available to the director of jobs
job and family services or to the council for expenditures
consistent with this chapter.
Sec. 4141.33. (A) "Seasonal employment" means employment of
individuals hired primarily to perform services in an industry
which because of climatic conditions or because of the seasonal
nature of such industry it is customary to operate only during
regularly recurring periods of forty weeks or less in any
consecutive fifty-two weeks. "Seasonal employer" means an employer
determined by the director of job and family services to be an
employer whose operations and business, with the exception of
certain administrative and maintenance operations, are
substantially all in a seasonal industry. Any employer who claims
to have seasonal employment in a seasonal industry may file with
the director a written application for classification of such
employment as seasonal. Whenever in any industry it is customary
to operate because of climatic conditions or because of the
seasonal nature of such industry only during regularly recurring
periods of forty weeks or less duration, benefits shall be payable
only during the longest seasonal periods which the best practice
of such industry will reasonably permit. The director shall
determine, after investigation, hearing, and due notice, whether
the industry is seasonal and, if seasonal, establish seasonal
periods for such seasonal employer. Until such determination by
the director, no industry or employment shall be deemed seasonal.
(B) When the director has determined such seasonal periods,
the director shall also establish the proportionate number of
weeks of employment and earnings required to qualify for seasonal
benefit rights in place of the weeks of employment and earnings
requirement stipulated in division (R) of section 4141.01 and
section 4141.30 of the Revised Code, and the proportionate number
of weeks for which seasonal benefits may be paid. An individual
whose base period employment consists of only seasonal employment
for a single seasonal employer and who meets the employment and
earnings requirements determined by the director pursuant to this
division will have benefit rights determined in accordance with
this division. Benefit charges for such seasonal employment shall
be computed and charged in accordance with division (D) of section
4141.24 of the Revised Code. The director may adopt rules for
implementation of this section.
(C) An Except as otherwise provided in division (D) of this
section, an individual whose base period employment consists of
either seasonal employment with two or more seasonal employers or
both seasonal employment and nonseasonal employment with employers
subject to this chapter, will have benefit rights determined in
accordance with division (R) of section 4141.01 and section
4141.30 of the Revised Code. Benefit charges for both seasonal and
nonseasonal employment shall be computed and charged in accordance
with division (D) of section 4141.24 of the Revised Code. The
total seasonal and nonseasonal benefits during a benefit year
cannot exceed twenty-six times the weekly benefit amount.
(D) Benefits shall not be paid to any individual on the basis
of any services, substantially all of which consist of
participating in sports or athletic events or training or
preparing to so participate, or for any services performed in
seasonal employment, for any week which that commences during the
period between two successive sport seasons, two successive
seasonal periods, or similar periods, if the individual performed
services in the first of the seasons, seasonal periods, or similar
periods, and there is a reasonable assurance that the individual
will perform services in the later of the seasons, seasonal
periods, or similar periods.
(1) The term "reasonable assurance" as used in this division
means a written, verbal, or implied agreement that the individual
will perform services in the same or similar capacity during the
ensuing sports season or seasonal period.
(2) The director shall adopt rules concerning the eligibility
for benefits of individuals under this division.
Sec. 4301.12. The division of liquor control shall provide
for the custody, safekeeping, and deposit of all moneys, checks,
and drafts received by it or any of its employees or agents prior
to paying them to the treasurer of state as provided by section
113.08 of the Revised Code.
A sum equal to three dollars and thirty-eight cents for each
gallon of spirituous liquor sold by the division, JobsOhio, or a
designee of JobsOhio during the period covered by the payment
shall be paid into the state treasury to the credit of the general
revenue fund. All moneys received from permit fees, except B-2a
and S permit fees from B-2a and S permit holders who do not also
hold A-2 permits, shall be paid to the credit of the undivided
liquor permit fund established by section 4301.30 of the Revised
Code.
Except as otherwise provided by law, all moneys collected
under Chapters 4301. and 4303. of the Revised Code shall be paid
by the division into the state treasury to the credit of the
liquor control fund, which is hereby created. In addition, revenue
resulting from any contracts with the department of commerce
pertaining to the responsibilities and operations described in
this chapter may be credited to the fund. Amounts in the liquor
control fund may be used to pay the operating expenses of the
liquor control commission.
Whenever, in the judgment of the director of budget and
management, the amount in the liquor control fund is in excess of
that needed to meet the maturing obligations of the division, as
working capital for its further operations, to pay the operating
expenses of the commission, and for the alcohol testing program
under section 3701.143 of the Revised Code, the director shall
transfer the excess to the credit of the general revenue fund.
If
the director determines that the amount in the liquor control fund
is insufficient, the director may transfer money from the general
revenue fund to the liquor control fund.
Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of
the Revised Code:
(1) "Gallon" or "wine gallon" means one hundred twenty-eight
fluid ounces.
(2) "Sale" or "sell" includes exchange, barter, gift,
distribution, and, except with respect to A-4 permit holders,
offer for sale.
(B) For the purposes of providing revenues for the support of
the state and encouraging the grape industries in the state, a tax
is hereby levied on the sale or distribution of wine in Ohio,
except for known sacramental purposes, at the rate of thirty cents
per wine gallon for wine containing not less than four per cent of
alcohol by volume and not more than fourteen per cent of alcohol
by volume, ninety-eight cents per wine gallon for wine containing
more than fourteen per cent but not more than twenty-one per cent
of alcohol by volume, one dollar and eight cents per wine gallon
for vermouth, and one dollar and forty-eight cents per wine gallon
for sparkling and carbonated wine and champagne, the tax to be
paid by the holders of A-2 and B-5 permits or by any other person
selling or distributing wine upon which no tax has been paid. From
the tax paid under this section on wine, vermouth, and sparkling
and carbonated wine and champagne, the treasurer of state shall
credit to the Ohio grape industries fund created under section
924.54 of the Revised Code a sum equal to one cent per gallon for
each gallon upon which the tax is paid.
(C) For the purpose of providing revenues for the support of
the state, there is hereby levied a tax on prepared and bottled
highballs, cocktails, cordials, and other mixed beverages at the
rate of one dollar and twenty cents per wine gallon to be paid by
holders of A-4 permits or by any other person selling or
distributing those products upon which no tax has been paid. Only
one sale of the same article shall be used in computing the amount
of tax due. The tax on mixed beverages to be paid by holders of
A-4 permits under this section shall not attach until the
ownership of the mixed beverage is transferred for valuable
consideration to a wholesaler or retailer, and no payment of the
tax shall be required prior to that time.
(D) During the period of July 1, 2009 2011, through June 30,
2011 2013, from the tax paid under this section on wine, vermouth,
and sparkling and carbonated wine and champagne, the treasurer of
state shall credit to the Ohio grape industries fund created under
section 924.54 of the Revised Code a sum equal to two cents per
gallon upon which the tax is paid. The amount credited under this
division is in addition to the amount credited to the Ohio grape
industries fund under division (B) of this section.
(E) For the purpose of providing revenues for the support of
the state, there is hereby levied a tax on cider at the rate of
twenty-four cents per wine gallon to be paid by the holders of A-2
and B-5 permits or by any other person selling or distributing
cider upon which no tax has been paid. Only one sale of the same
article shall be used in computing the amount of the tax due.
Sec. 4303.02. Permit A-1 may be issued to a manufacturer to
manufacture beer and sell beer products in bottles or containers
for home use and to retail and wholesale permit holders under
rules promulgated adopted by the division of liquor control. In
addition, an A-1 permit holder may sell beer and beer products at
retail, by individual drink in a glass or from a container, for
consumption on the premises where sold. The fee for this permit is
three thousand nine hundred six dollars for each plant during the
year covered by the permit.
Sec. 4303.208. (A)(1) The division of liquor control may
issue an F-8 permit to a either of the following:
(a) A nonprofit corporation that operates a park on property
leased from a municipal corporation or a nonprofit corporation
that provides or manages entertainment programming pursuant to an
agreement with a nonprofit corporation that operates a park on
property leased from a municipal corporation to sell beer or
intoxicating liquor by the individual drink at specific events
conducted within the park property and appurtenant streets, but
only if, and only at times at which, the sale of beer and
intoxicating liquor on the premises is otherwise permitted by law.
Additionally, an F-8 permit may be issued only if the park
property is located in a county that has a population of between
one million one hundred thousand and one million two hundred
thousand on the effective date of this amendment.
(b) A not-for-profit organization that manages, for the
benefit of the public and by contract with a political subdivision
of this state, publicly owned property to sell beer or
intoxicating liquor by the individual drink at specific events
conducted on the publicly owned property and appurtenant streets,
but only if, and then only at times at which, the sale of beer and
intoxicating liquor on the premises is otherwise permitted by law.
Additionally, an F-8 permit may be issued only if the publicly
owned property is located in a county that has a population of
between seven hundred fifty thousand and nine hundred thousand on
the effective date of this section July 10, 2007.
(2) The premises on which an F-8 permit will be used shall be
clearly defined and sufficiently restricted to allow proper
supervision of the permit's use by state and local law enforcement
officers. Sales under an F-8 permit shall be confined to the same
hours permitted to the holder of a D-3 permit.
(3) The fee for an F-8 permit is one thousand seven hundred
dollars. An F-8 permit is effective for a period not to exceed
nine months as specified in the permit. An F-8 permit is not
transferable or renewable. However, the holder of an F-8 permit
may apply for a new F-8 permit at any time. An F-8 permit is not
effective until any F-8 permit currently held expires. The holder
of an F-8 permit shall make sales only at those specific events
about which the permit holder has notified in advance the division
of liquor control, the department of public safety, and the chief,
sheriff, or other principal peace officer of the local law
enforcement agencies having jurisdiction over the premises.
(B)(1) An application for the issuance of an F-8 permit is
subject to the notice and hearing requirements established in
division (A) of section 4303.26 of the Revised Code.
(2) The liquor control commission shall adopt under Chapter
119. of the Revised Code rules necessary to administer this
section.
(C) No F-8 permit holder shall sell beer or intoxicating
liquor beyond the hours of sale allowed by the permit. This
division imposes strict liability on the holder of an F-8 permit
and on any officer, agent, or employee of that permit holder.
Sec. 4313.01. As used in this chapter:
(A) "Enterprise acquisition project" means, as applicable,
all or any portion of the capital or other assets of the
spirituous liquor distribution and merchandising operations of the
division of liquor control, including, without limitation,
inventory, real property rights, equipment, furnishings, the
spirituous liquor distribution system including transportation,
the monetary management system, warehouses, contract rights,
rights to take assignment of contracts and related receipts and
revenues, accounts receivable, the exclusive right to manage and
control spirituous liquor distribution and merchandising and to
sell spirituous liquor in the state subject to the control of the
division of liquor control pursuant to the terms of the transfer
agreement, and all necessary appurtenances thereto, or leasehold
interests therein, and the assets and liabilities of the
facilities establishment fund.
(B) "JobsOhio" means the nonprofit corporation formed under
section 187.01 of the Revised Code and includes any subsidiary of
that corporation unless otherwise specified or clearly implied
from the context, together with any successor or assignee of that
corporation or any such subsidiary if and to the extent permitted
by the transfer agreement or Chapter 187. of the Revised Code.
(C) "Spirituous liquor profits" means all receipts
representing the gross profit on the sale of spirituous liquor, as
referred to in division (B)(4) of section 4301.10 of the Revised
Code, less the costs, expenses, and working capital provided
for therein, but excluding the sum required by the second
paragraph of section 4301.12 of the Revised Code, as in effect on
May 2, 1980, to be paid into the state treasury, provided that
from and after the initial transfer of the enterprise acquisition
project to JobsOhio and until the transfer back to the state under
division (D) of section 4313.02 of the Revised Code, the reference
in division (B)(4) of section 4301.10 of the Revised Code to all
costs and expenses of the division and also an adequate working
capital reserve for the division shall be to all costs and
expenses of JobsOhio and providing an adequate working capital
reserve for JobsOhio.
(D) "Transfer" means an assignment and sale, conveyance,
granting of a franchise, lease, or transfer of all or an interest.
(E) "Transfer agreement" means the agreement entered into
between the state and JobsOhio providing for the transfer of the
enterprise acquisition project pursuant to section 4313.02 of the
Revised Code and any amendments or supplements thereto.
Sec. 4313.02. (A) The state may transfer to JobsOhio, and
JobsOhio may accept the transfer of, all or a portion of the
enterprise acquisition project for a transfer price payable by
JobsOhio to the state. Any such transfer shall be treated as an
absolute conveyance and true sale of the interest in the
enterprise acquisition project purported to be conveyed for all
purposes, and not as a pledge or other security interest. The
characterization of any such transfer as a true sale and absolute
conveyance shall not be negated or adversely affected by the
acquisition or retention by the state of a residual interest in
the enterprise acquisition project, the participation of any state
officer or employee as a member or officer of, or provision of
staff support to, JobsOhio, any responsibility an officer or
employee of the state may have to collect amounts to be received
by JobsOhio from the enterprise acquisition project, or the
retention of the state of any legal title to or interest in any
portion of the enterprise acquisition project for the purpose of
these collection activities, or any characterization of JobsOhio
or obligations of JobsOhio under accounting, taxation, or
securities regulations, or any other reason whatsoever. An
absolute conveyance and true sale or lease shall exist under this
section regardless of whether JobsOhio has any recourse against
the state or the treatment or characterization of the transfer as
a financing for any purpose. Upon and following the transfer, the
state shall not have any right, title, or interest in the
enterprise acquisition project so transferred other than any
residual interest that may be described in the transfer agreement
pursuant to the following paragraph and division (D) of this
section. Any determination of the fair market value of the
enterprise acquisition project reflected in the transfer agreement
shall be conclusive and binding on the state and JobsOhio.
Any transfer of the enterprise acquisition project that is a
lease or grant of a franchise shall be for a term not to exceed
twenty-five years. Any transfer of the enterprise acquisition
project that is an assignment and sale, conveyance, or other
transfer shall contain a provision that the state shall have the
option to have conveyed or transferred back to it, at no cost, the
enterprise acquisition project, as it then exists, no later than
twenty-five years after the original transfer authorized in the
transfer agreement on such other terms as shall be provided in the
transfer agreement.
The exercise of the powers granted by this section will be
for the benefit of the people of the state. As the services
performed by JobsOhio will constitute the performance of essential
government functions, all or any portion of the enterprise
acquisition project transferred pursuant to the transfer agreement
that would be exempt from real property taxes or assessments or
real property taxes or assessments in the absence of such transfer
shall, as it may from time to time exist thereafter, remain exempt
from real property taxes or assessments levied by the state and
its subdivisions to the same extent as if not transferred. The
gross receipts and income of JobsOhio derived from the enterprise
acquisition project shall be exempt from taxation levied by the
state and its subdivisions, including, but not limited to, the
taxes levied pursuant to Chapters 718., 5739., 5741., 5747., and
5751. of the Revised Code. Any transfer from the state to JobsOhio
of the enterprise acquisition project, or item included or to be
included in the project, shall be exempt from the taxes levied
pursuant to Chapters 5739. and 5741. of the Revised Code.
(B) The proceeds of any transfer under division (A) of this
section may be expended as provided in the transfer agreement for
any one or more of the following purposes:
(1) Funding, payment, or defeasance of outstanding bonds
issued pursuant to Chapters 151. and 166. of the Revised Code and
secured by pledged liquor profits as defined in section 151.40 of
the Revised Code;
(2) Deposit into the general revenue fund;
(3) Deposit into the clean Ohio revitalization fund created
pursuant to section 122.658 of the Revised Code, the innovation
Ohio loan fund created pursuant to section 166.16 of the Revised
Code, the research and development loan fund created pursuant to
section 166.20 of the Revised Code, the logistics and distribution
infrastructure fund created pursuant to section 166.26 of the
Revised Code, the advanced energy research and development fund
created pursuant to section 3706.27 of the Revised Code, and the
advanced energy research and development taxable fund created
pursuant to section 3706.27 of the Revised Code;
(4) Conveyance to JobsOhio for the purposes for which it was
created.
(C)(1) The state may covenant, pledge, and agree in the
transfer agreement, with and for the benefit of JobsOhio, that it
shall maintain statutory authority for the enterprise acquisition
project and the revenues of the enterprise acquisition project and
not otherwise materially impair any obligations supported by a
pledge of revenues of the enterprise acquisition project. The
transfer agreement may provide or authorize the manner for
determining material impairment of the security for any such
outstanding obligations, including by assessing and evaluating the
revenues of the enterprise acquisition project.
(2) The governor, director of development, director of
commerce, and director of budget and management may, without need
for any other approval take any action and execute any documents,
including any transfer agreements, necessary to effect the
transfer and the acceptance of the transfer of the enterprise
acquisition project. The director of budget and management,
director of commerce, and director of development may also,
without need for any other approval, retain or contract for the
services of commercial appraisers, underwriters, investment
bankers, and financial advisers, as are necessary in their
judgment to effect the transfer agreement. Any transfer agreement
may contain terms and conditions established by the state to carry
out and effectuate the purposes of this section, including,
without limitation, covenants binding the state in favor of
JobsOhio. Any such transfer agreement shall be sufficient to
effectuate the transfer without regard to any other laws governing
other property sales or financial transactions by the state. The
director of budget and management may create any funds or
accounts, within or without the state treasury, as are needed for
the transactions and activities authorized by this section.
(3) The transfer agreement may authorize JobsOhio to sell,
lease, release, or otherwise dispose of real and personal property
or interests therein, or a combination thereof, acquired by
JobsOhio under this section and no longer needed for the purposes
of this chapter, the enterprise acquisition project, or JobsOhio,
and to grant such easements and other interests and rights in,
over, under, or across all or a portion of the enterprise
acquisition project as will not interfere with its use of such
property. Such sale, lease, release, disposition, or grant may be
made without competitive bidding and in such manner and for such
consideration as JobsOhio in its judgment deems appropriate.
Subject to the provisions of the first sentence of this paragraph,
ownership of the interest in the enterprise acquisition project
that is transferred to JobsOhio under this section and the
transfer agreement shall be maintained in JobsOhio or a nonprofit
entity the sole member of which is JobsOhio until the enterprise
acquisition project is transferred back to the state pursuant to
the second paragraph of division (A) and division (D) of this
section.
(D) The transfer agreement may authorize JobsOhio to fix,
alter, and collect rentals and other charges for the use and
occupancy of all or any portion of the enterprise acquisition
project and to lease any portion of the enterprise acquisition
project to others, and shall include a contract with, or the
granting of an option to, the state to have the enterprise
acquisition project, as it then exists, transferred back to it
without charge in accordance with the terms of the transfer
agreement after retirement or redemption, or provision therefor,
of all obligations supported by a pledge of spirituous liquor
profits.
(E) JobsOhio, the director of budget and management, the
director of commerce, and the director of development may also,
without need for any other approval, enter into a contract, which
may be part of the transfer agreement, establishing terms and
conditions for the assignment of certain duties to, and the
provision of advice, services, and other assistance by, the
division of liquor control with respect to the operation of the
enterprise acquisition project, including providing for the
necessary staffing and payment by JobsOhio of appropriate
compensation to the division of liquor control for the performance
of such duties and the provision of such advice, services, and
other assistance.
Sec. 4503.061. (A) All manufactured and mobile homes shall
be listed on either the real property tax list or the manufactured
home tax list of the county in which the home has situs. Each
owner shall follow the procedures in this section to identify the
home to the county auditor of the county containing the taxing
district in which the home has situs so that the auditor may place
the home on the appropriate tax list.
(B) When a manufactured or mobile home first acquires situs
in this state and is subject to real property taxation pursuant to
division (B)(1) or (2) of section 4503.06 of the Revised Code, the
owner shall present to the auditor of the county containing the
taxing district in which the home has its situs the certificate of
title for the home, together with proof that all taxes due have
been paid and proof that a relocation notice was obtained for the
home if required under this section. Upon receiving the
certificate of title and the required proofs, the auditor shall
place the home on the real property tax list and proceed to treat
the home as other properties on that list. After the auditor has
placed the home on the tax list of real and public utility
property, the auditor shall deliver the certificate of title to
the clerk of the court of common pleas that issued it pursuant to
section 4505.11 of the Revised Code, and the clerk shall
inactivate the certificate of title.
(C)(1) When a manufactured or mobile home subject to a
manufactured home tax is relocated to or first acquires situs in
any county that has adopted a permanent manufactured home
registration system, as provided in division (F) of this section,
the owner, within thirty days after the home is relocated or first
acquires situs under section 4503.06 of the Revised Code, shall
register the home with the county auditor of the county containing
the taxing district in which the home has its situs. For the first
registration in each county of situs, the owner or vendee in
possession shall present to the county auditor an Ohio certificate
of title, certified copy of the certificate of title, or
memorandum certificate of title as such are required by law, and
proof, as required by the county auditor, that the home, if it has
previously been occupied and is being relocated, has been
previously registered, that all taxes due and required to be paid
under division (H)(1) of this section before a relocation notice
may be issued have been paid, and that a relocation notice was
obtained for the home if required by division (H) of this section.
If the owner or vendee does not possess the Ohio certificate of
title, certified copy of the certificate of title, or memorandum
certificate of title at the time the owner or vendee first
registers the home in a county, the county auditor shall register
the home without presentation of the document, but the owner or
vendee shall present the certificate of title, certified copy of
the certificate of title, or memorandum certificate of title to
the county auditor within fourteen days after the owner or vendee
obtains possession of the document.
(2) When a manufactured or mobile home is registered for the
first time in a county and when the total tax due has been paid as
required by division (F) of section 4503.06 of the Revised Code or
divisions (E) and (H) of this section, the county treasurer shall
note by writing or by a stamp on the certificate of title,
certified copy of certificate of title, or memorandum certificate
of title that the home has been registered and that the taxes due,
if any, have been paid for the preceding five years and for the
current year. The treasurer shall then issue a certificate
evidencing registration and a decal to be displayed on the street
side of the home. The certificate is valid in any county in this
state during the year for which it is issued.
(3) For each year thereafter, the county treasurer shall
issue a tax bill stating the amount of tax due under section
4503.06 of the Revised Code, as provided in division (D)(6) of
that section. When the total tax due has been paid as required by
division (F) of that section, the county treasurer shall issue a
certificate evidencing registration that shall be valid in any
county in this state during the year for which the certificate is
issued.
(4) The permanent decal issued under this division is valid
during the period of ownership, except that when a manufactured
home is relocated in another county the owner shall apply for a
new registration as required by this section and section 4503.06
of the Revised Code.
(D)(1) All owners of manufactured or mobile homes subject to
the manufactured home tax being relocated to or having situs in a
county that has not adopted a permanent registration system, as
provided in division (F) of this section, shall register the home
within thirty days after the home is relocated or first acquires
situs under section 4503.06 of the Revised Code and thereafter
shall annually register the home with the county auditor of the
county containing the taxing district in which the home has its
situs.
(2) Upon the annual registration, the county treasurer shall
issue a tax bill stating the amount of annual manufactured home
tax due under section 4503.06 of the Revised Code, as provided in
division (D)(6) of that section. When a manufactured or mobile
home is registered and when the tax for the current one-half year
has been paid as required by division (F) of that section, the
county treasurer shall issue a certificate evidencing registration
and a decal. The certificate and decal are valid in any county in
this state during the year for which they are issued. The decal
shall be displayed on the street side of the home.
(3) For the first annual registration in each county of
situs, the county auditor shall require the owner or vendee to
present an Ohio certificate of title, certified copy of the
certificate of title, or memorandum certificate of title as such
are required by law, and proof, as required by the county auditor,
that the manufactured or mobile home has been previously
registered, if such registration was required, that all taxes due
and required to be paid under division (H)(1) of this section
before a relocation notice may be issued have been paid, and that
a relocation notice was obtained for the home if required by
division (H) of this section. If the owner or vendee does not
possess the Ohio certificate of title, certified copy of the
certificate of title, or memorandum certificate of title at the
time the owner or vendee first registers the home in a county, the
county auditor shall register the home without presentation of the
document, but the owner or vendee shall present the certificate of
title, certified copy of the certificate of title, or memorandum
certificate of title to the county auditor within fourteen days
after the owner or vendee obtains possession of the document. When
the county treasurer receives the tax payment, the county
treasurer shall note by writing or by a stamp on the certificate
of title, certified copy of the certificate of title, or
memorandum certificate of title that the home has been registered
for the current year and that the manufactured home taxes due, if
any, have been paid for the preceding five years and for the
current year.
(4) For subsequent annual registrations, the auditor may
require the owner or vendee in possession to present an Ohio
certificate of title, certified copy of the certificate of title,
or memorandum certificate of title to the county treasurer upon
payment of the manufactured home tax that is due.
(E)(1) Upon the application to transfer ownership of a
manufactured or mobile home for which manufactured home taxes are
paid pursuant to division (C) of section 4503.06 of the Revised
Code the clerk of the court of common pleas shall not issue any
certificate of title that does not contain or have attached both
of the following:
(a) An endorsement of the county treasurer stating that the
home has been registered for each year of ownership and that all
manufactured home taxes imposed pursuant to section 4503.06 of the
Revised Code have been paid or that no tax is due;
(b) An endorsement of the county auditor that the
manufactured home transfer tax imposed pursuant to section 322.06
of the Revised Code and any fees imposed under division (G) of
section 319.54 of the Revised Code have been paid.
(2) If all the taxes have not been paid, the clerk shall
notify the vendee to contact the county treasurer of the county
containing the taxing district in which the home has its situs at
the time of the proposed transfer. The county treasurer shall then
collect all the taxes that are due for the year of the transfer
and all previous years not exceeding a total of five years. The
county treasurer shall distribute that part of the collection owed
to the county treasurer of other counties if the home had its
situs in another county during a particular year when the unpaid
tax became due and payable. The burden to prove the situs of the
home in the years that the taxes were not paid is on the
transferor of the home. Upon payment of the taxes, the county
auditor shall remove all remaining taxes from the manufactured
home tax list and the delinquent manufactured home tax list, and
the county treasurer shall release all liens for such taxes. The
clerk of courts shall issue a certificate of title, free and clear
of all liens for manufactured home taxes, to the transferee of the
home.
(3) Once the transfer is complete and the certificate of
title has been issued, the transferee shall register the
manufactured or mobile home pursuant to division (C) or (D) of
this section with the county auditor of the county containing the
taxing district in which the home remains after the transfer or,
if the home is relocated to another county, with the county
auditor of the county to which the home is relocated. The
transferee need not pay the annual tax for the year of acquisition
if the original owner has already paid the annual tax for that
year.
(F) The county auditor may adopt a permanent registration
system and issue a permanent decal with the first registration as
prescribed by the tax commissioner.
(G) When any manufactured or mobile home required to be
registered by this section is not registered, the county auditor
shall impose a penalty of one hundred dollars upon the owner and
deposit the amount to the credit of the county real estate
assessment fund to be used to pay the costs of administering this
section and section 4503.06 of the Revised Code. If unpaid, the
penalty shall constitute a lien on the home and shall be added by
the county auditor to the manufactured home tax list for
collection.
(H)(1) Except as otherwise provided in this division, before
moving a manufactured or mobile home on public roads from one
address within this state to another address within or outside
this state, the owner of the home shall obtain a relocation
notice, as provided by this section, from the auditor of the
county in which the home is located if the home is currently
subject to taxation pursuant to section 4503.06 of the Revised
Code. The auditor shall charge five dollars for the notice, and
deposit the amount to the credit of the county real estate
assessment fund to be used to pay the costs of administering this
section and section 4503.06 of the Revised Code. The auditor shall
not issue a relocation notice unless all taxes owed on the home
under section 4503.06 of the Revised Code that were first charged
to the home during the period of ownership of the owner seeking
the relocation notice have been paid. If the home is being moved
by a new owner of the home or by a party taking repossession of
the home, the auditor shall not issue a relocation notice unless
all of the taxes due for the preceding five years and for the
current year have been paid. A relocation notice issued by a
county auditor is valid until the last day of December of the year
in which it was issued.
If the home is being moved by a sheriff, police officer,
constable, bailiff, or manufactured home park operator, as defined
in section 3733.01 4781.01 of the Revised Code, or any agent of
any of these persons, for purposes of removal from a manufactured
home park and storage, sale, or destruction under section 1923.14
of the Revised Code, the auditor shall issue a relocation notice
without requiring payment of any taxes owed on the home under
section 4503.06 of the Revised Code.
(2) If a manufactured or mobile home is not yet subject to
taxation under section 4503.06 of the Revised Code, the owner of
the home shall obtain a relocation notice from the dealer of the
home. Within thirty days after the manufactured or mobile home is
purchased, the dealer of the home shall provide the auditor of the
county in which the home is to be located written notice of the
name of the purchaser of the home, the registration number or
vehicle identification number of the home, and the address or
location to which the home is to be moved. The county auditor
shall provide to each manufactured and mobile home dealer, without
charge, a supply of relocation notices to be distributed to
purchasers pursuant to this section.
(3) The notice shall be in the form of a one-foot square
yellow sign with the words "manufactured home relocation notice"
printed prominently on it. The name of the owner of the home, the
home's registration number or vehicle identification number, the
county and the address or location to which the home is being
moved, and the county in which the notice is issued shall also be
entered on the notice.
(4) The relocation notice must be attached to the rear of the
home when the home is being moved on a public road. Except as
provided in divisions (H)(1) and (5) of this section, no person
shall drive a motor vehicle moving a manufactured or mobile home
on a public road from one address to another address within this
state unless a relocation notice is attached to the rear of the
home.
(5) If the county auditor determines that a manufactured or
mobile home has been moved without a relocation notice as required
under this division, the auditor shall impose a penalty of one
hundred dollars upon the owner of the home and upon the person who
moved the home and deposit the amount to the credit of the county
real estate assessment fund to pay the costs of administering this
section and section 4503.06 of the Revised Code. If the home was
relocated from one county in this state to another county in this
state and the county auditor of the county to which the home was
relocated imposes the penalty, that county auditor, upon
collection of the penalty, shall cause an amount equal to the
penalty to be transmitted from the county real estate assessment
fund to the county auditor of the county from which the home was
relocated, who shall deposit the amount to the credit of the
county real estate assessment fund. If the penalty on the owner is
unpaid, the penalty shall constitute a lien on the home and the
auditor shall add the penalty to the manufactured home tax list
for collection. If the county auditor determines that a dealer
that has sold a manufactured or mobile home has failed to timely
provide the information required under this division, the auditor
shall impose a penalty upon the dealer in the amount of one
hundred dollars. The penalty shall be credited to the county real
estate assessment fund and used to pay the costs of administering
this section and section 4503.06 of the Revised Code.
(I) Whoever violates division (H)(4) of this section is
guilty of a minor misdemeanor.
Sec. 4503.062. (A) Every operator of a manufactured home
court, or manufactured home park, as defined in section 3733.01
4781.01 of the Revised Code, or when there is no operator, every
owner of property used for such purposes on which three or more
manufactured or mobile homes are located, shall keep a register of
all manufactured and mobile homes that make use of the court,
park, or property. The register shall contain all of the
following:
(1) The name of the owner and all inhabitants of each home;
(2) The ages of all inhabitants of each home;
(3) The permanent and temporary post office addresses of all
inhabitants of each home;
(4) The license number of each home;
(5) The state issuing each such license;
(6) The date of arrival and of departure of each home;
(7) The make and model of each home, if known and if either
of the following applies:
(a) The home enters the court, park, or property on or after
January 1, 2003.
(b) Ownership of the home in the court or park, or on the
property, is transferred on or after January 1, 2003.
(B) The register shall be open to inspection by the county
auditor, the county treasurer, agents of the auditor or treasurer,
and all law enforcement agencies at all times.
(C) Any person who fails to comply with this section shall be
fined not less than twenty-five nor more than one hundred dollars.
Sec. 4503.235. (A) If division (G) of section 4511.19 or
division (B)(C) of section 4511.193 of the Revised Code requires a
court, as part of the sentence of an offender who is convicted of
or pleads guilty to a violation of division (A) of section 4511.19
of the Revised Code or as a sanction for an offender who is
convicted of or pleaded guilty to a violation of a municipal OVI
ordinance, to order the immobilization of a vehicle for a
specified period of time, notwithstanding the requirement, the
court in its discretion may determine not to order the
immobilization of the vehicle if both of the following apply:
(1) Prior to the issuance of the order of immobilization, a
family or household member of the offender files a motion with the
court identifying the vehicle and requesting that the
immobilization order not be issued on the ground that the family
or household member is completely dependent on the vehicle for the
necessities of life and that the immobilization of the vehicle
would be an undue hardship to the family or household member.
(2) The court determines that the family or household member
who files the motion is completely dependent on the vehicle for
the necessities of life and that the immobilization of the vehicle
would be an undue hardship to the family or household member.
(B) If a court pursuant to division (A) of this section
determines not to order the immobilization of a vehicle that
otherwise would be required pursuant to division (G) of section
4511.19 or division (B)(C) of section 4511.193 of the Revised
Code, the court shall issue an order that waives the
immobilization that otherwise would be required pursuant to either
of those divisions. The immobilization waiver order shall be in
effect for the period of time for which the immobilization of the
vehicle otherwise would have been required under division (G) of
section 4511.19 or division (B)(C) of section 4511.193 of the
Revised Code if the immobilization waiver order had not been
issued, subject to division (D) of this section. The
immobilization waiver order shall specify the period of time for
which it is in effect. The court shall provide a copy of an
immobilization waiver order to the offender and to the family or
household member of the offender who filed the motion requesting
that the immobilization order not be issued and shall place a copy
of the immobilization waiver order in the record in the case. The
court shall impose an immobilization waiver fee in the amount of
fifty dollars. The court shall determine whether the fee is to be
paid by the offender or by the family or household member. The
clerk of the court shall deposit all of the fees collected during
a month on or before the twenty-third day of the following month
into the county or municipal indigent drivers alcohol treatment
fund under the control of that court, as created by the county or
municipal corporation under division (F) of section 4511.191 of
the Revised Code.
(C) If a court pursuant to division (B) of this section
issues an immobilization waiver order, the order shall identify
the family or household member who requested the order and the
vehicle to which the order applies, shall identify the family or
household members who are permitted to operate the vehicle, and
shall identify the offender and specify that the offender is not
permitted to operate the vehicle. The immobilization waiver order
shall require that the family or household member display on the
vehicle to which the order applies restricted license plates that
are issued under section 4503.231 of the Revised Code for the
entire period for which the immobilization of the vehicle
otherwise would have been required under division (G) of section
4511.19 or division (B)(C) of section 4511.193 of the Revised Code
if the immobilization waiver order had not been issued.
(D) A family or household member who is permitted to operate
a vehicle under an immobilization waiver order issued under this
section shall not permit the offender to operate the vehicle. If a
family or household member who is permitted to operate a vehicle
under an immobilization waiver order issued under this section
permits the offender to operate the vehicle, both of the following
apply:
(1) The court that issued the immobilization waiver order
shall terminate that order and shall issue an immobilization order
in accordance with section 4503.233 of the Revised Code that
applies to the vehicle, and the immobilization order shall be in
effect for the remaining period of time for which the
immobilization of the vehicle otherwise would have been required
under division (G) of section 4511.19 or division (B)(C) of
section 4511.193 of the Revised Code if the immobilization waiver
order had not been issued.
(2) The conduct of the family or household member in
permitting the offender to operate the vehicle is a violation of
section 4511.203 of the Revised Code.
(E) No offender shall operate a motor vehicle subject to an
immobilization waiver order. Whoever violates this division is
guilty of operating a motor vehicle in violation of an
immobilization waiver, a misdemeanor of the first degree.
(F) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code, except that the person must
be currently residing with the offender.
Sec. 4503.70. The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other
vehicle of a class approved by the registrar of motor vehicles who
is a member in good standing of the grand lodge of free and
accepted masons of Ohio may apply to the registrar for the
registration of the vehicle and issuance of freemason license
plates. The application for freemason license plates may be
combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of
the completed application, presentation by the applicant of
satisfactory evidence showing that the applicant is a member in
good standing of the grand lodge of free and accepted masons of
Ohio, and compliance by the applicant with this section, the
registrar shall issue to the applicant the appropriate vehicle
registration and a set of freemason license plates with a
validation sticker or a validation sticker alone when required by
section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed
thereon, freemason license plates shall be inscribed with
identifying words and a symbol or logo designed by the grand lodge
of free and accepted masons of Ohio and approved by the registrar.
Freemason license plates shall bear county identification stickers
that identify the county of registration by name or number.
Freemason license plates and validation stickers shall be
issued upon payment of the regular license fee required by section
4503.04 of the Revised Code, payment of any local motor vehicle
license tax levied under Chapter 4504. of the Revised Code,
payment of an additional fee of ten dollars, and compliance with
all other applicable laws relating to the registration of motor
vehicles. If the application for freemason license plates is
combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code, the license plates
and validation sticker shall be issued upon payment of the fees
and taxes contained in this section and the additional fee
prescribed under section 4503.40 or 4503.42 of the Revised Code.
The additional fee of ten dollars shall be for the purpose of
compensating the bureau of motor vehicles for additional services
required in the issuing of freemason license plates, and shall be
transmitted by the registrar to the treasurer of state for deposit
into the state treasury to the credit of the state bureau of motor
vehicles fund created by section 4501.25 of the Revised Code.
Sec. 4503.93. (A) The owner or lessee of any passenger car,
noncommercial motor vehicle, recreational vehicle, or other
vehicle of a class approved by the registrar of motor vehicles may
apply to the registrar for the registration of the vehicle and
issuance of Ohio "volunteer" license plates. The application for
Ohio "volunteer" license plates may be combined with a request for
a special reserved license plate under section 4503.40 or 4503.42
of the Revised Code. Upon receipt of the completed application and
compliance with divisions (B) and (C) of this section, the
registrar shall issue to the applicant the appropriate vehicle
registration and a set of Ohio "volunteer" license plates with a
validation sticker or a validation sticker alone when required by
section 4503.191 of the Revised Code.
In addition to the letters and numbers ordinarily inscribed
on license plates, Ohio "volunteer" license plates shall be
inscribed with words and markings designed by the Ohio community
commission on service council and volunteerism created by section
121.40 of the Revised Code and approved by the registrar. Ohio
"volunteer" license plates shall bear county identification
stickers that identify the county of registration by name or
number.
(B) Ohio "volunteer" license plates and a validation sticker,
or a validation sticker alone, shall be issued upon receipt of a
contribution as provided in division (C) of this section and upon
payment of the regular license tax prescribed in section 4503.04
of the Revised Code, any applicable motor vehicle tax levied under
Chapter 4504. of the Revised Code, any applicable additional fee
prescribed by section 4503.40 or 4503.42 of the Revised Code, a
bureau of motor vehicles fee of ten dollars, and compliance with
all other applicable laws relating to the registration of motor
vehicles.
(C)(1) For each application for registration and registration
renewal received under this section, the registrar shall collect a
contribution of fifteen dollars. The registrar shall transmit this
contribution to the treasurer of state for deposit in the Ohio
community commission on service council and volunteerism gifts and
donations fund created by section 121.403 of the Revised Code. The
council commission shall use all such contributions for the
purposes described in divisions (B)(2) and (3) of that section.
(2) The registrar shall deposit the bureau of motor vehicles
fee of ten dollars specified in division (B) of this section,
which is for the purpose of compensating the bureau for the
additional services required in issuing Ohio "volunteer" license
plates, in the state bureau of motor vehicles fund created in
section 4501.25 of the Revised Code.
Sec. 4506.071. On receipt of a notice pursuant to section
3123.54 of the Revised Code, the registrar of motor vehicles shall
comply with sections 3123.52 3123.53 to 3123.614 3123.60 of the
Revised Code and any applicable rules adopted under section
3123.63 of the Revised Code with respect to a commercial driver's
license or commercial driver's temporary instruction permit issued
pursuant to this chapter.
Sec. 4507.111. On receipt of a notice pursuant to section
3123.54 of the Revised Code, the registrar of motor vehicles shall
comply with sections 3123.52 3123.53 to 3123.614 3123.60 of the
Revised Code and any applicable rules adopted under section
3123.63 of the Revised Code with respect to any driver's or
commercial license or permit, motorcycle operator's license or
endorsement, or temporary instruction permit or commercial
driver's temporary instruction permit issued by this state that is
the subject of the notice.
Sec. 4507.164. (A) Except as provided in divisions (C) to
(E) of this section, when the license of any person is suspended
pursuant to any provision of the Revised Code other than division
(G) of section 4511.19 of the Revised Code and other than section
4510.07 of the Revised Code for a violation of a municipal OVI
ordinance, the trial judge may impound the identification license
plates of any motor vehicle registered in the name of the person.
(B)(1) When the license of any person is suspended pursuant
to division (G)(1)(a) of section 4511.19 of the Revised Code, or
pursuant to section 4510.07 of the Revised Code for a municipal
OVI offense when the suspension is equivalent in length to the
suspension under division (G) of section 4511.19 of the Revised
Code that is specified in this division, the trial judge of the
court of record or the mayor of the mayor's court that suspended
the license may impound the identification license plates of any
motor vehicle registered in the name of the person.
(2) When the license of any person is suspended pursuant to
division (G)(1)(b) of section 4511.19 of the Revised Code, or
pursuant to section 4510.07 of the Revised Code for a municipal
OVI offense when the suspension is equivalent in length to the
suspension under division (G) of section 4511.19 of the Revised
Code that is specified in this division, the trial judge of the
court of record that suspended the license shall order the
impoundment of the identification license plates of the motor
vehicle the offender was operating at the time of the offense and
the immobilization of that vehicle in accordance with section
4503.233 and division (G)(1)(b) of section 4511.19 or division
(B)(C)(2)(a) of section 4511.193 of the Revised Code and may
impound the identification license plates of any other motor
vehicle registered in the name of the person whose license is
suspended.
(3) When the license of any person is suspended pursuant to
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised
Code, or pursuant to section 4510.07 of the Revised Code for a
municipal OVI offense when the suspension is equivalent in length
to the suspension under division (G) of section 4511.19 of the
Revised Code that is specified in this division, the trial judge
of the court of record that suspended the license shall order the
criminal forfeiture to the state of the motor vehicle the offender
was operating at the time of the offense in accordance with
section 4503.234 and division (G)(1)(c), (d), or (e) of section
4511.19 or division
(B)(C)(2)(b) of section 4511.193 of the
Revised Code and may impound the identification license plates of
any other motor vehicle registered in the name of the person whose
license is suspended.
(C)(1) When a person is convicted of or pleads guilty to a
violation of section 4510.14 of the Revised Code or a
substantially equivalent municipal ordinance and division (B)(1)
or (2) of section 4510.14 or division (C)(1) or (2) of section
4510.161 of the Revised Code applies, the trial judge of the court
of record or the mayor of the mayor's court that imposes sentence
shall order the immobilization of the vehicle the person was
operating at the time of the offense and the impoundment of its
identification license plates in accordance with section 4503.233
and division (B)(1) or (2) of section 4510.14 or division (C)(1)
or (2) of section 4510.161 of the Revised Code and may impound the
identification license plates of any other vehicle registered in
the name of that person.
(2) When a person is convicted of or pleads guilty to a
violation of section 4510.14 of the Revised Code or a
substantially equivalent municipal ordinance and division (B)(3)
of section 4510.14 or division (C)(3) of section 4510.161 of the
Revised Code applies, the trial judge of the court of record that
imposes sentence shall order the criminal forfeiture to the state
of the vehicle the person was operating at the time of the offense
in accordance with section 4503.234 and division (B)(3) of section
4510.14 or division (C)(3) of section 4510.161 of the Revised Code
and may impound the identification license plates of any other
vehicle registered in the name of that person.
(D)(1) When a person is convicted of or pleads guilty to a
violation of division (A) of section 4510.16 of the Revised Code
or a substantially equivalent municipal ordinance, division (B) of
section 4510.16 or division (B) of section 4510.161 of the Revised
Code applies in determining whether the immobilization of the
vehicle the person was operating at the time of the offense and
the impoundment of its identification license plates or the
criminal forfeiture to the state of the vehicle the person was
operating at the time of the offense is authorized or required.
The trial judge of the court of record or the mayor of the mayor's
court that imposes sentence may impound the identification license
plates of any other vehicle registered in the name of that person.
(E)(1) When a person is convicted of or pleads guilty to a
violation of section 4511.203 of the Revised Code and the person
is sentenced pursuant to division (C)(1) or (2) of section
4511.203 of the Revised Code, the trial judge of the court of
record or the mayor of the mayor's court that imposes sentence
shall order the immobilization of the vehicle that was involved in
the commission of the offense and the impoundment of its
identification license plates in accordance with division (C)(1)
or (2) of section 4511.203 and section 4503.233 of the Revised
Code and may impound the identification license plates of any
other vehicle registered in the name of that person.
(2) When a person is convicted of or pleads guilty to a
violation of section 4511.203 of the Revised Code and the person
is sentenced pursuant to division (C)(3) of section 4511.203 of
the Revised Code, the trial judge of the court of record or the
mayor of the mayor's court that imposes sentence shall order the
criminal forfeiture to the state of the vehicle that was involved
in the commission of the offense in accordance with division
(C)(3) of section 4511.203 and section 4503.234 of the Revised
Code and may impound the identification license plates of any
other vehicle registered in the name of that person.
(F) Except as provided in section 4503.233 or 4503.234 of the
Revised Code, when the certificate of registration, the
identification license plates, or both have been impounded,
division (B) of section 4507.02 of the Revised Code is applicable.
(G) As used in this section, "municipal OVI offense" has the
same meaning as in section 4511.181 of the Revised Code.
Sec. 4511.191. (A)(1) As used in this section:
(a) "Physical control" has the same meaning as in section
4511.194 of the Revised Code.
(b) "Alcohol monitoring device" means any device that
provides for continuous alcohol monitoring, any ignition interlock
device, any immobilizing or disabling device other than an
ignition interlock device that is constantly available to monitor
the concentration of alcohol in a person's system, or any other
device that provides for the automatic testing and periodic
reporting of alcohol consumption by a person and that a court
orders a person to use as a sanction imposed as a result of the
person's conviction of or plea of guilty to an offense.
(2) Any person who operates a vehicle, streetcar, or
trackless trolley upon a highway or any public or private property
used by the public for vehicular travel or parking within this
state or who is in physical control of a vehicle, streetcar, or
trackless trolley shall be deemed to have given consent to a
chemical test or tests of the person's whole blood, blood serum or
plasma, breath, or urine to determine the alcohol, drug of abuse,
controlled substance, metabolite of a controlled substance, or
combination content of the person's whole blood, blood serum or
plasma, breath, or urine if arrested for a violation of division
(A) or (B) of section 4511.19 of the Revised Code, section
4511.194 of the Revised Code or a substantially equivalent
municipal ordinance, or a municipal OVI ordinance.
(3) The chemical test or tests under division (A)(2) of this
section shall be administered at the request of a law enforcement
officer having reasonable grounds to believe the person was
operating or in physical control of a vehicle, streetcar, or
trackless trolley in violation of a division, section, or
ordinance identified in division (A)(2) of this section. The law
enforcement agency by which the officer is employed shall
designate which of the tests shall be administered.
(4) Any person who is dead or unconscious, or who otherwise
is in a condition rendering the person incapable of refusal, shall
be deemed to have consented as provided in division (A)(2) of this
section, and the test or tests may be administered, subject to
sections 313.12 to 313.16 of the Revised Code.
(5)(a) If a law enforcement officer arrests a person for a
violation of division (A) or (B) of section 4511.19 of the Revised
Code, section 4511.194 of the Revised Code or a substantially
equivalent municipal ordinance, or a municipal OVI ordinance and
if the person if convicted would be required to be sentenced under
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised
Code, the law enforcement officer shall request the person to
submit, and the person shall submit, to a chemical test or tests
of the person's whole blood, blood serum or plasma, breath, or
urine for the purpose of determining the alcohol, drug of abuse,
controlled substance, metabolite of a controlled substance, or
combination content of the person's whole blood, blood serum or
plasma, breath, or urine. A law enforcement officer who makes a
request pursuant to this division that a person submit to a
chemical test or tests is not required to advise the person of the
consequences of submitting to, or refusing to submit to, the test
or tests and is not required to give the person the form described
in division (B) of section 4511.192 of the Revised Code, but the
officer shall advise the person at the time of the arrest that if
the person refuses to take a chemical test the officer may employ
whatever reasonable means are necessary to ensure that the person
submits to a chemical test of the person's whole blood or blood
serum or plasma. The officer shall also advise the person at the
time of the arrest that the person may have an independent
chemical test taken at the person's own expense. Divisions (A)(3)
and (4) of this section apply to the administration of a chemical
test or tests pursuant to this division.
(b) If a person refuses to submit to a chemical test upon a
request made pursuant to division (A)(5)(a) of this section, the
law enforcement officer who made the request may employ whatever
reasonable means are necessary to ensure that the person submits
to a chemical test of the person's whole blood or blood serum or
plasma. A law enforcement officer who acts pursuant to this
division to ensure that a person submits to a chemical test of the
person's whole blood or blood serum or plasma is immune from
criminal and civil liability based upon a claim for assault and
battery or any other claim for the acts, unless the officer so
acted with malicious purpose, in bad faith, or in a wanton or
reckless manner.
(B)(1) Upon receipt of the sworn report of a law enforcement
officer who arrested a person for a violation of division (A) or
(B) of section 4511.19 of the Revised Code, section 4511.194 of
the Revised Code or a substantially equivalent municipal
ordinance, or a municipal OVI ordinance that was completed and
sent to the registrar and a court pursuant to section 4511.192 of
the Revised Code in regard to a person who refused to take the
designated chemical test, the registrar shall enter into the
registrar's records the fact that the person's driver's or
commercial driver's license or permit or nonresident operating
privilege was suspended by the arresting officer under this
division and that section and the period of the suspension, as
determined under this section. The suspension shall be subject to
appeal as provided in section 4511.197 of the Revised Code. The
suspension shall be for whichever of the following periods
applies:
(a) Except when division (B)(1)(b), (c), or (d) of this
section applies and specifies a different class or length of
suspension, the suspension shall be a class C suspension for the
period of time specified in division (B)(3) of section 4510.02 of
the Revised Code.
(b) If the arrested person, within six years of the date on
which the person refused the request to consent to the chemical
test, had refused one previous request to consent to a chemical
test or had been convicted of or pleaded guilty to one violation
of division (A) or (B) of section 4511.19 of the Revised Code or
one other equivalent offense, the suspension shall be a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(c) If the arrested person, within six years of the date on
which the person refused the request to consent to the chemical
test, had refused two previous requests to consent to a chemical
test, had been convicted of or pleaded guilty to two violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses, or had refused one previous request to
consent to a chemical test and also had been convicted of or
pleaded guilty to one violation of division (A) or (B) of section
4511.19 of the Revised Code or other equivalent offenses, which
violation or offense arose from an incident other than the
incident that led to the refusal, the suspension shall be a class
A suspension imposed for the period of time specified in division
(B)(1) of section 4510.02 of the Revised Code.
(d) If the arrested person, within six years of the date on
which the person refused the request to consent to the chemical
test, had refused three or more previous requests to consent to a
chemical test, had been convicted of or pleaded guilty to three or
more violations of division (A) or (B) of section 4511.19 of the
Revised Code or other equivalent offenses, or had refused a number
of previous requests to consent to a chemical test and also had
been convicted of or pleaded guilty to a number of violations of
division (A) or (B) of section 4511.19 of the Revised Code or
other equivalent offenses that cumulatively total three or more
such refusals, convictions, and guilty pleas, the suspension shall
be for five years.
(2) The registrar shall terminate a suspension of the
driver's or commercial driver's license or permit of a resident or
of the operating privilege of a nonresident, or a denial of a
driver's or commercial driver's license or permit, imposed
pursuant to division (B)(1) of this section upon receipt of notice
that the person has entered a plea of guilty to, or that the
person has been convicted after entering a plea of no contest to,
operating a vehicle in violation of section 4511.19 of the Revised
Code or in violation of a municipal OVI ordinance, if the offense
for which the conviction is had or the plea is entered arose from
the same incident that led to the suspension or denial.
The registrar shall credit against any judicial suspension of
a person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI ordinance, any
time during which the person serves a related suspension imposed
pursuant to division (B)(1) of this section.
(C)(1) Upon receipt of the sworn report of the law
enforcement officer who arrested a person for a violation of
division (A) or (B) of section 4511.19 of the Revised Code or a
municipal OVI ordinance that was completed and sent to the
registrar and a court pursuant to section 4511.192 of the Revised
Code in regard to a person whose test results indicate that the
person's whole blood, blood serum or plasma, breath, or urine
contained at least the concentration of alcohol specified in
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the
Revised Code or at least the concentration of a listed controlled
substance or a listed metabolite of a controlled substance
specified in division (A)(1)(j) of section 4511.19 of the Revised
Code, the registrar shall enter into the registrar's records the
fact that the person's driver's or commercial driver's license or
permit or nonresident operating privilege was suspended by the
arresting officer under this division and section 4511.192 of the
Revised Code and the period of the suspension, as determined under
divisions (C)(1)(a) to (d) of this section. The suspension shall
be subject to appeal as provided in section 4511.197 of the
Revised Code. The suspension described in this division does not
apply to, and shall not be imposed upon, a person arrested for a
violation of section 4511.194 of the Revised Code or a
substantially equivalent municipal ordinance who submits to a
designated chemical test. The suspension shall be for whichever of
the following periods applies:
(a) Except when division (C)(1)(b), (c), or (d) of this
section applies and specifies a different period, the suspension
shall be a class E suspension imposed for the period of time
specified in division (B)(5) of section 4510.02 of the Revised
Code.
(b) The suspension shall be a class C suspension for the
period of time specified in division (B)(3) of section 4510.02 of
the Revised Code if the person has been convicted of or pleaded
guilty to, within six years of the date the test was conducted,
one violation of division (A) or (B) of section 4511.19 of the
Revised Code or one other equivalent offense.
(c) If, within six years of the date the test was conducted,
the person has been convicted of or pleaded guilty to two
violations of a statute or ordinance described in division
(C)(1)(b) of this section, the suspension shall be a class B
suspension imposed for the period of time specified in division
(B)(2) of section 4510.02 of the Revised Code.
(d) If, within six years of the date the test was conducted,
the person has been convicted of or pleaded guilty to more than
two violations of a statute or ordinance described in division
(C)(1)(b) of this section, the suspension shall be a class A
suspension imposed for the period of time specified in division
(B)(1) of section 4510.02 of the Revised Code.
(2) The registrar shall terminate a suspension of the
driver's or commercial driver's license or permit of a resident or
of the operating privilege of a nonresident, or a denial of a
driver's or commercial driver's license or permit, imposed
pursuant to division (C)(1) of this section upon receipt of notice
that the person has entered a plea of guilty to, or that the
person has been convicted after entering a plea of no contest to,
operating a vehicle in violation of section 4511.19 of the Revised
Code or in violation of a municipal OVI ordinance, if the offense
for which the conviction is had or the plea is entered arose from
the same incident that led to the suspension or denial.
The registrar shall credit against any judicial suspension of
a person's driver's or commercial driver's license or permit or
nonresident operating privilege imposed pursuant to section
4511.19 of the Revised Code, or pursuant to section 4510.07 of the
Revised Code for a violation of a municipal OVI ordinance, any
time during which the person serves a related suspension imposed
pursuant to division (C)(1) of this section.
(D)(1) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under this section for the time described in division (B) or (C)
of this section is effective immediately from the time at which
the arresting officer serves the notice of suspension upon the
arrested person. Any subsequent finding that the person is not
guilty of the charge that resulted in the person being requested
to take the chemical test or tests under division (A) of this
section does not affect the suspension.
(2) If a person is arrested for operating a vehicle,
streetcar, or trackless trolley in violation of division (A) or
(B) of section 4511.19 of the Revised Code or a municipal OVI
ordinance, or for being in physical control of a vehicle,
streetcar, or trackless trolley in violation of section 4511.194
of the Revised Code or a substantially equivalent municipal
ordinance, regardless of whether the person's driver's or
commercial driver's license or permit or nonresident operating
privilege is or is not suspended under division (B) or (C) of this
section or Chapter 4510. of the Revised Code, the person's initial
appearance on the charge resulting from the arrest shall be held
within five days of the person's arrest or the issuance of the
citation to the person, subject to any continuance granted by the
court pursuant to section 4511.197 of the Revised Code regarding
the issues specified in that division.
(E) When it finally has been determined under the procedures
of this section and sections 4511.192 to 4511.197 of the Revised
Code that a nonresident's privilege to operate a vehicle within
this state has been suspended, the registrar shall give
information in writing of the action taken to the motor vehicle
administrator of the state of the person's residence and of any
state in which the person has a license.
(F) At the end of a suspension period under this section,
under section 4511.194, section 4511.196, or division (G) of
section 4511.19 of the Revised Code, or under section 4510.07 of
the Revised Code for a violation of a municipal OVI ordinance and
upon the request of the person whose driver's or commercial
driver's license or permit was suspended and who is not otherwise
subject to suspension, cancellation, or disqualification, the
registrar shall return the driver's or commercial driver's license
or permit to the person upon the occurrence of all of the
conditions specified in divisions (F)(1) and (2) of this section:
(1) A showing that the person has proof of financial
responsibility, a policy of liability insurance in effect that
meets the minimum standards set forth in section 4509.51 of the
Revised Code, or proof, to the satisfaction of the registrar, that
the person is able to respond in damages in an amount at least
equal to the minimum amounts specified in section 4509.51 of the
Revised Code.
(2) Subject to the limitation contained in division (F)(3) of
this section, payment by the person to the registrar of motor
vehicles or an eligible deputy registrar of a license
reinstatement fee of four hundred seventy-five dollars, which fee
shall be deposited in the state treasury and credited as follows:
(a) One hundred twelve dollars and fifty cents shall be
credited to the statewide treatment and prevention fund created by
section 4301.30 of the Revised Code. The Money credited to the
fund under this section shall be used to pay the costs of driver
treatment and intervention programs operated pursuant to sections
3793.02 and 3793.10 for purposes identified in the comprehensive
statewide alcohol and drug addiction services plan developed under
section 3793.04 of the Revised Code. The director of alcohol and
drug addiction services shall determine the share of the fund that
is to be allocated to alcohol and drug addiction programs
authorized by section 3793.02 of the Revised Code, and the share
of the fund that is to be allocated to drivers' intervention
programs authorized by section 3793.10 of the Revised Code.
(b) Seventy-five dollars shall be credited to the reparations
fund created by section 2743.191 of the Revised Code.
(c) Thirty-seven dollars and fifty cents shall be credited to
the indigent drivers alcohol treatment fund, which is hereby
established in the state treasury. Except as otherwise provided in
division (F)(2)(c) of this section, moneys in the fund shall be
distributed by the department of alcohol and drug addiction
services to the county indigent drivers alcohol treatment funds,
the county juvenile indigent drivers alcohol treatment funds, and
the municipal indigent drivers alcohol treatment funds that are
required to be established by counties and municipal corporations
pursuant to division (H) of this section, and shall be used only
to pay the cost of an alcohol and drug addiction treatment program
attended by an offender or juvenile traffic offender who is
ordered to attend an alcohol and drug addiction treatment program
by a county, juvenile, or municipal court judge and who is
determined by the county, juvenile, or municipal court judge not
to have the means to pay for the person's attendance at the
program or to pay the costs specified in division (H)(4) of this
section in accordance with that division. In addition, a county,
juvenile, or municipal court judge may use moneys in the county
indigent drivers alcohol treatment fund, county juvenile indigent
drivers alcohol treatment fund, or municipal indigent drivers
alcohol treatment fund to pay for the cost of the continued use of
an alcohol monitoring device as described in divisions (H)(3) and
(4) of this section. Moneys in the fund that are not distributed
to a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund under division (H) of this
section because the director of alcohol and drug addiction
services does not have the information necessary to identify the
county or municipal corporation where the offender or juvenile
offender was arrested may be transferred by the director of budget
and management to the statewide treatment and prevention fund
created by section 4301.30 of the Revised Code, upon certification
of the amount by the director of alcohol and drug addiction
services.
(d) Seventy-five dollars shall be credited to the Ohio
rehabilitation services commission established by section 3304.12
of the Revised Code, to the services for rehabilitation fund,
which is hereby established. The fund shall be used to match
available federal matching funds where appropriate, and for any
other purpose or program of the commission to rehabilitate people
with disabilities to help them become employed and independent.
(e) Seventy-five dollars shall be deposited into the state
treasury and credited to the drug abuse resistance education
programs fund, which is hereby established, to be used by the
attorney general for the purposes specified in division (F)(4) of
this section.
(f) Thirty dollars shall be credited to the state bureau of
motor vehicles fund created by section 4501.25 of the Revised
Code.
(g) Twenty dollars shall be credited to the trauma and
emergency medical services grants fund created by section 4513.263
of the Revised Code.
(h) Fifty dollars shall be credited to the indigent drivers
interlock and alcohol monitoring fund, which is hereby established
in the state treasury. Monies Moneys in the fund shall be
distributed by the department of public safety to the county
indigent drivers interlock and alcohol monitoring funds, the
county juvenile indigent drivers interlock and alcohol monitoring
funds, and the municipal indigent drivers interlock and alcohol
monitoring funds that are required to be established by counties
and municipal corporations pursuant to this section, and shall be
used only to pay the cost of an immobilizing or disabling device,
including a certified ignition interlock device, or an alcohol
monitoring device used by an offender or juvenile offender who is
ordered to use the device by a county, juvenile, or municipal
court judge and who is determined by the county, juvenile, or
municipal court judge not to have the means to pay for the
person's use of the device.
(3) If a person's driver's or commercial driver's license or
permit is suspended under this section, under section 4511.196 or
division (G) of section 4511.19 of the Revised Code, under section
4510.07 of the Revised Code for a violation of a municipal OVI
ordinance or under any combination of the suspensions described in
division (F)(3) of this section, and if the suspensions arise from
a single incident or a single set of facts and circumstances, the
person is liable for payment of, and shall be required to pay to
the registrar or an eligible deputy registrar, only one
reinstatement fee of four hundred seventy-five dollars. The
reinstatement fee shall be distributed by the bureau in accordance
with division (F)(2) of this section.
(4) The attorney general shall use amounts in the drug abuse
resistance education programs fund to award grants to law
enforcement agencies to establish and implement drug abuse
resistance education programs in public schools. Grants awarded to
a law enforcement agency under this section shall be used by the
agency to pay for not more than fifty per cent of the amount of
the salaries of law enforcement officers who conduct drug abuse
resistance education programs in public schools. The attorney
general shall not use more than six per cent of the amounts the
attorney general's office receives under division (F)(2)(e) of
this section to pay the costs it incurs in administering the grant
program established by division (F)(2)(e) of this section and in
providing training and materials relating to drug abuse resistance
education programs.
The attorney general shall report to the governor and the
general assembly each fiscal year on the progress made in
establishing and implementing drug abuse resistance education
programs. These reports shall include an evaluation of the
effectiveness of these programs.
(5) In addition to the reinstatement fee under this section,
if the person pays the reinstatement fee to a deputy registrar,
the deputy registrar shall collect a service fee of ten dollars to
compensate the deputy registrar for services performed under this
section. The deputy registrar shall retain eight dollars of the
service fee and shall transmit the reinstatement fee, plus two
dollars of the service fee, to the registrar in the manner the
registrar shall determine.
(G) Suspension of a commercial driver's license under
division (B) or (C) of this section shall be concurrent with any
period of disqualification under section 3123.611 or 4506.16 of
the Revised Code or any period of suspension under section 3123.58
of the Revised Code. No person who is disqualified for life from
holding a commercial driver's license under section 4506.16 of the
Revised Code shall be issued a driver's license under Chapter
4507. of the Revised Code during the period for which the
commercial driver's license was suspended under division (B) or
(C) of this section. No person whose commercial driver's license
is suspended under division (B) or (C) of this section shall be
issued a driver's license under Chapter 4507. of the Revised Code
during the period of the suspension.
(H)(1) Each county shall establish an indigent drivers
alcohol treatment fund, each county shall establish a juvenile
indigent drivers alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish an
indigent drivers alcohol treatment fund. All revenue that the
general assembly appropriates to the indigent drivers alcohol
treatment fund for transfer to a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund, all portions of fees that are paid under division (F) of
this section and that are credited under that division to the
indigent drivers alcohol treatment fund in the state treasury for
a county indigent drivers alcohol treatment fund, a county
juvenile indigent drivers alcohol treatment fund, or a municipal
indigent drivers alcohol treatment fund, all portions of
additional costs imposed under section 2949.094 of the Revised
Code that are specified for deposit into a county, county
juvenile, or municipal indigent drivers alcohol treatment fund by
that section, and all portions of fines that are specified for
deposit into a county or municipal indigent drivers alcohol
treatment fund by section 4511.193 of the Revised Code shall be
deposited into that county indigent drivers alcohol treatment
fund, county juvenile indigent drivers alcohol treatment fund, or
municipal indigent drivers alcohol treatment fund. The portions of
the fees paid under division (F) of this section that are to be so
deposited shall be determined in accordance with division (H)(2)
of this section. Additionally, all portions of fines that are paid
for a violation of section 4511.19 of the Revised Code or of any
prohibition contained in Chapter 4510. of the Revised Code, and
that are required under section 4511.19 or any provision of
Chapter 4510. of the Revised Code to be deposited into a county
indigent drivers alcohol treatment fund or municipal indigent
drivers alcohol treatment fund shall be deposited into the
appropriate fund in accordance with the applicable division of the
section or provision.
(2) That portion of the license reinstatement fee that is
paid under division (F) of this section and that is credited under
that division to the indigent drivers alcohol treatment fund shall
be deposited into a county indigent drivers alcohol treatment
fund, a county juvenile indigent drivers alcohol treatment fund,
or a municipal indigent drivers alcohol treatment fund as follows:
(a) Regarding a suspension imposed under this section, that
portion of the fee shall be deposited as follows:
(i) If the fee is paid by a person who was charged in a
county court with the violation that resulted in the suspension or
in the imposition of the court costs, the portion shall be
deposited into the county indigent drivers alcohol treatment fund
under the control of that court;
(ii) If the fee is paid by a person who was charged in a
juvenile court with the violation that resulted in the suspension
or in the imposition of the court costs, the portion shall be
deposited into the county juvenile indigent drivers alcohol
treatment fund established in the county served by the court;
(iii) If the fee is paid by a person who was charged in a
municipal court with the violation that resulted in the suspension
or in the imposition of the court costs, the portion shall be
deposited into the municipal indigent drivers alcohol treatment
fund under the control of that court.
(b) Regarding a suspension imposed under section 4511.19 of
the Revised Code or under section 4510.07 of the Revised Code for
a violation of a municipal OVI ordinance, that portion of the fee
shall be deposited as follows:
(i) If the fee is paid by a person whose license or permit
was suspended by a county court, the portion shall be deposited
into the county indigent drivers alcohol treatment fund under the
control of that court;
(ii) If the fee is paid by a person whose license or permit
was suspended by a municipal court, the portion shall be deposited
into the municipal indigent drivers alcohol treatment fund under
the control of that court.
(3) Expenditures from a county indigent drivers alcohol
treatment fund, a county juvenile indigent drivers alcohol
treatment fund, or a municipal indigent drivers alcohol treatment
fund shall be made only upon the order of a county, juvenile, or
municipal court judge and only for payment of the cost of an
assessment or the cost of the attendance at an alcohol and drug
addiction treatment program of a person who is convicted of, or
found to be a juvenile traffic offender by reason of, a violation
of division (A) of section 4511.19 of the Revised Code or a
substantially similar municipal ordinance, who is ordered by the
court to attend the alcohol and drug addiction treatment program,
and who is determined by the court to be unable to pay the cost of
the assessment or the cost of attendance at the treatment program
or for payment of the costs specified in division (H)(4) of this
section in accordance with that division. The alcohol and drug
addiction services board or the board of alcohol, drug addiction,
and mental health services established pursuant to section 340.02
or 340.021 of the Revised Code and serving the alcohol, drug
addiction, and mental health service district in which the court
is located shall administer the indigent drivers alcohol treatment
program of the court. When a court orders an offender or juvenile
traffic offender to obtain an assessment or attend an alcohol and
drug addiction treatment program, the board shall determine which
program is suitable to meet the needs of the offender or juvenile
traffic offender, and when a suitable program is located and space
is available at the program, the offender or juvenile traffic
offender shall attend the program designated by the board. A
reasonable amount not to exceed five per cent of the amounts
credited to and deposited into the county indigent drivers alcohol
treatment fund, the county juvenile indigent drivers alcohol
treatment fund, or the municipal indigent drivers alcohol
treatment fund serving every court whose program is administered
by that board shall be paid to the board to cover the costs it
incurs in administering those indigent drivers alcohol treatment
programs.
In addition, upon exhaustion of moneys in the indigent
drivers interlock and alcohol monitoring fund for the use of an
alcohol monitoring device, a county, juvenile, or municipal court
judge may use moneys in the county indigent drivers alcohol
treatment fund, county juvenile indigent drivers alcohol treatment
fund, or municipal indigent drivers alcohol treatment fund in the
following manners:
(a) If the source of the moneys was an appropriation of the
general assembly, a portion of a fee that was paid under division
(F) of this section, a portion of a fine that was specified for
deposit into the fund by section 4511.193 of the Revised Code, or
a portion of a fine that was paid for a violation of section
4511.19 of the Revised Code or of a provision contained in Chapter
4510. of the Revised Code that was required to be deposited into
the fund, to pay for the continued use of an alcohol monitoring
device by an offender or juvenile traffic offender, in conjunction
with a treatment program approved by the department of alcohol and
drug addiction services, when such use is determined clinically
necessary by the treatment program and when the court determines
that the offender or juvenile traffic offender is unable to pay
all or part of the daily monitoring or cost of the device;
(b) If the source of the moneys was a portion of an
additional court cost imposed under section 2949.094 of the
Revised Code, to pay for the continued use of an alcohol
monitoring device by an offender or juvenile traffic offender when
the court determines that the offender or juvenile traffic
offender is unable to pay all or part of the daily monitoring or
cost of the device. The moneys may be used for a device as
described in this division if the use of the device is in
conjunction with a treatment program approved by the department of
alcohol and drug addiction services, when the use of the device is
determined clinically necessary by the treatment program, but the
use of a device is not required to be in conjunction with a
treatment program approved by the department in order for the
moneys to be used for the device as described in this division.
(4) If a county, juvenile, or municipal court determines, in
consultation with the alcohol and drug addiction services board or
the board of alcohol, drug addiction, and mental health services
established pursuant to section 340.02 or 340.021 of the Revised
Code and serving the alcohol, drug addiction, and mental health
district in which the court is located, that the funds in the
county indigent drivers alcohol treatment fund, the county
juvenile indigent drivers alcohol treatment fund, or the municipal
indigent drivers alcohol treatment fund under the control of the
court are more than sufficient to satisfy the purpose for which
the fund was established, as specified in divisions (H)(1) to (3)
of this section, the court may declare a surplus in the fund. If
the court declares a surplus in the fund, the court may expend the
amount of the surplus in the fund for:
(a) Alcohol and drug abuse assessment and treatment of
persons who are charged in the court with committing a criminal
offense or with being a delinquent child or juvenile traffic
offender and in relation to whom both of the following apply:
(i) The court determines that substance abuse was a
contributing factor leading to the criminal or delinquent activity
or the juvenile traffic offense with which the person is charged.
(ii) The court determines that the person is unable to pay
the cost of the alcohol and drug abuse assessment and treatment
for which the surplus money will be used.
(b) All or part of the cost of purchasing alcohol monitoring
devices to be used in conjunction with division (H)(3) of this
section, upon exhaustion of moneys in the indigent drivers
interlock and alcohol monitoring fund for the use of an alcohol
monitoring device.
(5) For the purpose of determining as described in division
(F)(2)(c) of this section whether an offender does not have the
means to pay for the offender's attendance at an alcohol and drug
addiction treatment program or whether an alleged offender or
delinquent child is unable to pay the costs specified in division
(H)(4) of this section, the court shall use the indigent client
eligibility guidelines and the standards of indigency established
by the state public defender to make the determination.
(6) The court shall identify and refer any alcohol and drug
addiction program that is not certified under section 3793.06 of
the Revised Code and that is interested in receiving amounts from
the surplus in the fund declared under division (H)(4) of this
section to the department of alcohol and drug addiction services
in order for the program to become a certified alcohol and drug
addiction program. The department shall keep a record of applicant
referrals received pursuant to this division and shall submit a
report on the referrals each year to the general assembly. If a
program interested in becoming certified makes an application to
become certified pursuant to section 3793.06 of the Revised Code,
the program is eligible to receive surplus funds as long as the
application is pending with the department. The department of
alcohol and drug addiction services must offer technical
assistance to the applicant. If the interested program withdraws
the certification application, the department must notify the
court, and the court shall not provide the interested program with
any further surplus funds.
(7)(a) Each alcohol and drug addiction services board and
board of alcohol, drug addiction, and mental health services
established pursuant to section 340.02 or 340.021 of the Revised
Code shall submit to the department of alcohol and drug addiction
services an annual report for each indigent drivers alcohol
treatment fund in that board's area.
(b) The report, which shall be submitted not later than sixty
days after the end of the state fiscal year, shall provide the
total payment that was made from the fund, including the number of
indigent consumers that received treatment services and the number
of indigent consumers that received an alcohol monitoring device.
The report shall identify the treatment program and expenditure
for an alcohol monitoring device for which that payment was made.
The report shall include the fiscal year balance of each indigent
drivers alcohol treatment fund located in that board's area. In
the event that a surplus is declared in the fund pursuant to
division (H)(4) of this section, the report also shall provide the
total payment that was made from the surplus moneys and identify
the treatment program and expenditure for an alcohol monitoring
device for which that payment was made. The department may require
additional information necessary to complete the comprehensive
statewide alcohol and drug addiction services plan as required by
section 3793.04 of the Revised Code.
(c) If a board is unable to obtain adequate information to
develop the report to submit to the department for a particular
indigent drivers alcohol treatment fund, the board shall submit a
report detailing the effort made in obtaining the information.
(I)(1) Each county shall establish an indigent drivers
interlock and alcohol monitoring fund and a juvenile indigent
drivers interlock and alcohol treatment fund, and each municipal
corporation in which there is a municipal court shall establish an
indigent drivers interlock and alcohol monitoring fund. All
revenue that the general assembly appropriates to the indigent
drivers interlock and alcohol monitoring fund for transfer to a
county indigent drivers interlock and alcohol monitoring fund, a
county juvenile indigent drivers interlock and alcohol monitoring
fund, or a municipal indigent drivers interlock and alcohol
monitoring fund, all portions of license reinstatement fees that
are paid under division (F)(2) of this section and that are
credited under that division to the indigent drivers interlock and
alcohol monitoring fund in the state treasury, and all portions of
fines that are paid under division (G) of section 4511.19 of the
Revised Code and that are credited by division (G)(5)(e) of that
section to the indigent drivers interlock and alcohol monitoring
fund in the state treasury shall be deposited in the appropriate
fund in accordance with division (I)(2) of this section.
(2) That portion of the license reinstatement fee that is
paid under division (F) of this section and that portion of the
fine paid under division (G) of section 4511.19 of the Revised
Code and that is credited under either division to the indigent
drivers interlock and alcohol monitoring fund shall be deposited
into a county indigent drivers interlock and alcohol monitoring
fund, a county juvenile indigent drivers interlock and alcohol
monitoring fund, or a municipal indigent drivers interlock and
alcohol monitoring fund as follows:
(a) If the fee or fine is paid by a person who was charged in
a county court with the violation that resulted in the suspension
or fine, the portion shall be deposited into the county indigent
drivers interlock and alcohol monitoring fund under the control of
that court.
(b) If the fee or fine is paid by a person who was charged in
a juvenile court with the violation that resulted in the
suspension or fine, the portion shall be deposited into the county
juvenile indigent drivers interlock and alcohol monitoring fund
established in the county served by the court.
(c) If the fee or fine is paid by a person who was charged in
a municipal court with the violation that resulted in the
suspension, the portion shall be deposited into the municipal
indigent drivers interlock and alcohol monitoring fund under the
control of that court.
Sec. 4511.193. (A) Twenty-five dollars of any fine imposed
for a violation of a municipal OVI ordinance shall be deposited
into the municipal or county indigent drivers alcohol treatment
fund created pursuant to division (H) of section 4511.191 of the
Revised Code in accordance with this section and section 733.40,
divisions (A)
and, (B), and (C) of section 1901.024, division (F)
of section 1901.31, or division (C) of section 1907.20 of the
Revised Code. Regardless of whether the fine is imposed by a
municipal court, a mayor's court, or a juvenile court, if the fine
was imposed for a violation of an ordinance of a municipal
corporation that is within the jurisdiction of a county-operated
municipal court or a municipal court that is not a county-operated
municipal court, the twenty-five dollars that is subject to this
section shall be deposited into the indigent drivers alcohol
treatment fund of the county in which that municipal corporation
is located if the municipal court that has jurisdiction over that
municipal corporation is a county-operated municipal court or of
the municipal corporation in which is located the municipal court
that has jurisdiction over that municipal corporation if that
municipal court is not a county-operated municipal court.
Regardless of whether the fine is imposed by a county court, a
mayor's court, or a juvenile court, if the fine was imposed for a
violation of an ordinance of a municipal corporation that is
within the jurisdiction of a county court, the twenty-five dollars
that is subject to this section shall be deposited into the
indigent drivers alcohol treatment fund of the county in which is
located the county court that has jurisdiction over that municipal
corporation. The deposit shall be made in accordance with section
733.40, divisions (A) and, (B), and (C) of section 1901.024,
division (F) of section 1901.31, or division (C) of section
1907.20 of the Revised Code.
(B) Any court cost imposed as a result of a violation of a
municipal ordinance that is a moving violation and designated for
an indigent drivers alcohol treatment fund established pursuant to
division (H) of section 4511.191 of the Revised Code shall be
deposited into the municipal or county indigent drivers alcohol
treatment fund created pursuant to division (H) of section
4511.191 of the Revised Code in accordance with this section and
section 733.40, divisions (A), (B), and (C) of section 1901.024,
division (F) of section 1901.31, or division (C) of section
1907.20 of the Revised Code. Regardless of whether the court cost
is imposed by a municipal court, a mayor's court, or a juvenile
court, if the court cost was imposed for a violation of an
ordinance of a municipal corporation that is within the
jurisdiction of a county-operated municipal court or a municipal
court that is not a county-operated municipal court, the court
cost that is subject to this section shall be deposited into the
indigent drivers alcohol treatment fund of the county in which
that municipal corporation is located if the municipal court that
has jurisdiction over that municipal corporation is a
county-operated municipal court or of the municipal corporation in
which is located the municipal court that has jurisdiction over
that municipal corporation if that municipal court is not a
county-operated municipal court. Regardless of whether the court
cost is imposed by a county court, a mayor's court, or a juvenile
court, if the court cost was imposed for a violation of an
ordinance of a municipal corporation that is within the
jurisdiction of a county court, the court cost that is subject to
this section shall be deposited into the indigent drivers alcohol
treatment fund of the county in which is located the county court
that has jurisdiction over that municipal corporation. The deposit
shall be made in accordance with section 733.40, divisions (A),
(B), and (C) of section 1901.024, division (F) of section 1901.31,
or division (C) of section 1907.20 of the Revised Code.
(C)(1) The requirements and sanctions imposed by divisions
(B)(C)(1) and (2) of this section are an adjunct to and derive
from the state's exclusive authority over the registration and
titling of motor vehicles and do not comprise a part of the
criminal sentence to be imposed upon a person who violates a
municipal OVI ordinance.
(2) If a person is convicted of or pleads guilty to a
violation of a municipal OVI ordinance, if the vehicle the
offender was operating at the time of the offense is registered in
the offender's name, and if, within six years of the current
offense, the offender has been convicted of or pleaded guilty to
one or more violations of division (A) or (B) of section 4511.19
of the Revised Code or one or more other equivalent offenses, the
court, in addition to and independent of any sentence that it
imposes upon the offender for the offense, shall do whichever of
the following is applicable:
(a) Except as otherwise provided in division
(B)(C)(2)(b) of
this section, if, within six years of the current offense, the
offender has been convicted of or pleaded guilty to one violation
described in division (B)(C)(2) of this section, the court shall
order the immobilization for ninety days of that vehicle and the
impoundment for ninety days of the license plates of that vehicle.
The order for the immobilization and impoundment shall be issued
and enforced in accordance with section 4503.233 of the Revised
Code.
(b) If, within six years of the current offense, the offender
has been convicted of or pleaded guilty to two or more violations
described in division (B)(C)(2) of this section, or if the
offender previously has been convicted of or pleaded guilty to a
violation of division (A) of section 4511.19 of the Revised Code
under circumstances in which the violation was a felony and
regardless of when the violation and the conviction or guilty plea
occurred, the court shall order the criminal forfeiture to the
state of that vehicle. The order of criminal forfeiture shall be
issued and enforced in accordance with section 4503.234 of the
Revised Code.
(D) As used in this section, "county-operated municipal
court" has the same meaning as in section 1901.03 of the Revised
Code.
Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the
Revised Code:
(A) "Persons" includes individuals, firms, partnerships,
associations, joint stock companies, corporations, and any
combinations of individuals.
(B) "Motor vehicle" means motor vehicle as defined in section
4501.01 of the Revised Code and also includes "all-purpose
vehicle" and "off-highway motorcycle" as those terms are defined
in section 4519.01 of the Revised Code. "Motor vehicle" does not
include a snowmobile as defined in section 4519.01 of the Revised
Code or manufactured and mobile homes.
(C) "New motor vehicle" means a motor vehicle, the legal
title to which has never been transferred by a manufacturer,
remanufacturer, distributor, or dealer to an ultimate purchaser.
(D) "Ultimate purchaser" means, with respect to any new motor
vehicle, the first person, other than a dealer purchasing in the
capacity of a dealer, who in good faith purchases such new motor
vehicle for purposes other than resale.
(E) "Business" includes any activities engaged in by any
person for the object of gain, benefit, or advantage either direct
or indirect.
(F) "Engaging in business" means commencing, conducting, or
continuing in business, or liquidating a business when the
liquidator thereof holds self out to be conducting such business;
making a casual sale or otherwise making transfers in the ordinary
course of business when the transfers are made in connection with
the disposition of all or substantially all of the transferor's
assets is not engaging in business.
(G) "Retail sale" or "sale at retail" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a motor vehicle to an ultimate purchaser for use as a
consumer.
(H) "Retail installment contract" includes any contract in
the form of a note, chattel mortgage, conditional sales contract,
lease, agreement, or other instrument payable in one or more
installments over a period of time and arising out of the retail
sale of a motor vehicle.
(I) "Farm machinery" means all machines and tools used in the
production, harvesting, and care of farm products.
(J) "Dealer" or "motor vehicle dealer" means any new motor
vehicle dealer, any motor vehicle leasing dealer, and any used
motor vehicle dealer.
(K) "New motor vehicle dealer" means any person engaged in
the business of selling at retail, displaying, offering for sale,
or dealing in new motor vehicles pursuant to a contract or
agreement entered into with the manufacturer, remanufacturer, or
distributor of the motor vehicles.
(L) "Used motor vehicle dealer" means any person engaged in
the business of selling, displaying, offering for sale, or dealing
in used motor vehicles, at retail or wholesale, but does not mean
any new motor vehicle dealer selling, displaying, offering for
sale, or dealing in used motor vehicles incidentally to engaging
in the business of selling, displaying, offering for sale, or
dealing in new motor vehicles, any person engaged in the business
of dismantling, salvaging, or rebuilding motor vehicles by means
of using used parts, or any public officer performing official
duties.
(M) "Motor vehicle leasing dealer" means any person engaged
in the business of regularly making available, offering to make
available, or arranging for another person to use a motor vehicle
pursuant to a bailment, lease, sublease, or other contractual
arrangement under which a charge is made for its use at a periodic
rate for a term of thirty days or more, and title to the motor
vehicle is in and remains in the motor vehicle leasing dealer who
originally leases it, irrespective of whether or not the motor
vehicle is the subject of a later sublease, and not in the user,
but does not mean a manufacturer or its affiliate leasing to its
employees or to dealers.
(N) "Salesperson" means any person employed by a dealer or
manufactured home broker to sell, display, and offer for sale, or
deal in motor vehicles for a commission, compensation, or other
valuable consideration, but does not mean any public officer
performing official duties.
(O) "Casual sale" means any transfer of a motor vehicle by a
person other than a new motor vehicle dealer, used motor vehicle
dealer, motor vehicle salvage dealer, as defined in division (A)
of section 4738.01 of the Revised Code, salesperson, motor vehicle
auction owner, manufacturer, or distributor acting in the capacity
of a dealer, salesperson, auction owner, manufacturer, or
distributor, to a person who purchases the motor vehicle for use
as a consumer.
(P) "Motor vehicle show" means a display of current models of
motor vehicles whereby the primary purpose is the exhibition of
competitive makes and models in order to provide the general
public the opportunity to review and inspect various makes and
models of motor vehicles at a single location.
(Q) "Motor vehicle auction owner" means any person who is
engaged wholly or in part in the business of auctioning motor
vehicles.
(R) "Manufacturer" means a person who manufactures,
assembles, or imports motor vehicles, including motor homes, but
does not mean a person who only assembles or installs a body,
special equipment unit, finishing trim, or accessories on a motor
vehicle chassis supplied by a manufacturer or distributor.
(S) "Tent-type fold-out camping trailer" means any vehicle
intended to be used, when stationary, as a temporary shelter with
living and sleeping facilities, and that is subject to the
following properties and limitations:
(1) A minimum of twenty-five per cent of the fold-out portion
of the top and sidewalls combined must be constructed of canvas,
vinyl, or other fabric, and form an integral part of the shelter.
(2) When folded, the unit must not exceed:
(a) Fifteen feet in length, exclusive of bumper and tongue;
(b) Sixty inches in height from the point of contact with the
ground;
(d) One ton gross weight at time of sale.
(T) "Distributor" means any person authorized by a motor
vehicle manufacturer to distribute new motor vehicles to licensed
new motor vehicle dealers, but does not mean a person who only
assembles or installs a body, special equipment unit, finishing
trim, or accessories on a motor vehicle chassis supplied by a
manufacturer or distributor.
(U) "Flea market" means a market place, other than a dealer's
location licensed under this chapter, where a space or location is
provided for a fee or compensation to a seller to exhibit and
offer for sale or trade, motor vehicles to the general public.
(V) "Franchise" means any written agreement, contract, or
understanding between any motor vehicle manufacturer or
remanufacturer engaged in commerce and any motor vehicle dealer
that purports to fix the legal rights and liabilities of the
parties to such agreement, contract, or understanding.
(W) "Franchisee" means a person who receives new motor
vehicles from the franchisor under a franchise agreement and who
offers, sells, and provides service for such new motor vehicles to
the general public.
(X) "Franchisor" means a new motor vehicle manufacturer,
remanufacturer, or distributor who supplies new motor vehicles
under a franchise agreement to a franchisee.
(Y) "Dealer organization" means a state or local trade
association the membership of which is comprised predominantly of
new motor vehicle dealers.
(Z) "Factory representative" means a representative employed
by a manufacturer, remanufacturer, or by a factory branch
primarily for the purpose of promoting the sale of its motor
vehicles, parts, or accessories to dealers or for supervising or
contacting its dealers or prospective dealers.
(AA) "Administrative or executive management" means those
individuals who are not subject to federal wage and hour laws.
(BB) "Good faith" means honesty in the conduct or transaction
concerned and the observance of reasonable commercial standards of
fair dealing in the trade as is defined in division (S) of section
1301.01 of the Revised Code, including, but not limited to, the
duty to act in a fair and equitable manner so as to guarantee
freedom from coercion, intimidation, or threats of coercion or
intimidation; provided however, that recommendation, endorsement,
exposition, persuasion, urging, or argument shall not be
considered to constitute a lack of good faith.
(CC) "Coerce" means to compel or attempt to compel by failing
to act in good faith or by threat of economic harm, breach of
contract, or other adverse consequences. Coerce does not mean to
argue, urge, recommend, or persuade.
(DD) "Relevant market area" means any area within a radius of
ten miles from the site of a potential new dealership, except that
for manufactured home or recreational vehicle dealerships the
radius shall be twenty-five miles. The ten-mile radius shall be
measured from the dealer's established place of business that is
used exclusively for the purpose of selling, displaying, offering
for sale, or dealing in motor vehicles.
(EE) "Wholesale" or "at wholesale" means the act or attempted
act of selling, bartering, exchanging, or otherwise disposing of a
motor vehicle to a transferee for the purpose of resale and not
for ultimate consumption by that transferee.
(FF) "Motor vehicle wholesaler" means any person licensed as
a dealer under the laws of another state and engaged in the
business of selling, displaying, or offering for sale used motor
vehicles, at wholesale, but does not mean any motor vehicle dealer
as defined in this section.
(GG)(1) "Remanufacturer" means a person who assembles or
installs passenger seating, walls, a roof elevation, or a body
extension on a conversion van with the motor vehicle chassis
supplied by a manufacturer or distributor, a person who modifies a
truck chassis supplied by a manufacturer or distributor for use as
a public safety or public service vehicle, a person who modifies a
motor vehicle chassis supplied by a manufacturer or distributor
for use as a limousine or hearse, or a person who modifies an
incomplete motor vehicle cab and chassis supplied by a new motor
vehicle dealer or distributor for use as a tow truck, but does not
mean either of the following:
(a) A person who assembles or installs passenger seating, a
roof elevation, or a body extension on a recreational vehicle as
defined in division (Q) and referred to in division (B) of section
4501.01 of the Revised Code;
(b) A person who assembles or installs special equipment or
accessories for handicapped persons, as defined in section 4503.44
of the Revised Code, upon a motor vehicle chassis supplied by a
manufacturer or distributor.
(2) For the purposes of division (GG)(1) of this section,
"public safety vehicle or public service vehicle" means a fire
truck, ambulance, school bus, street sweeper, garbage packing
truck, or cement mixer, or a mobile self-contained facility
vehicle.
(3) For the purposes of division (GG)(1) of this section,
"limousine" means a motor vehicle, designed only for the purpose
of carrying nine or fewer passengers, that a person modifies by
cutting the original chassis, lengthening the wheelbase by forty
inches or more, and reinforcing the chassis in such a way that all
modifications comply with all applicable federal motor vehicle
safety standards. No person shall qualify as or be deemed to be a
remanufacturer who produces limousines unless the person has a
written agreement with the manufacturer of the chassis the person
utilizes to produce the limousines to complete properly the
remanufacture of the chassis into limousines.
(4) For the purposes of division (GG)(1) of this section,
"hearse" means a motor vehicle, designed only for the purpose of
transporting a single casket, that is equipped with a compartment
designed specifically to carry a single casket that a person
modifies by cutting the original chassis, lengthening the
wheelbase by ten inches or more, and reinforcing the chassis in
such a way that all modifications comply with all applicable
federal motor vehicle safety standards. No person shall qualify as
or be deemed to be a remanufacturer who produces hearses unless
the person has a written agreement with the manufacturer of the
chassis the person utilizes to produce the hearses to complete
properly the remanufacture of the chassis into hearses.
(5) For the purposes of division (GG)(1) of this section,
"mobile self-contained facility vehicle" means a mobile classroom
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,
testing laboratory, and mobile display vehicle, each of which is
designed for purposes other than for passenger transportation and
other than the transportation or displacement of cargo, freight,
materials, or merchandise. A vehicle is remanufactured into a
mobile self-contained facility vehicle in part by the addition of
insulation to the body shell, and installation of all of the
following: a generator, electrical wiring, plumbing, holding
tanks, doors, windows, cabinets, shelving, and heating,
ventilating, and air conditioning systems.
(6) For the purposes of division (GG)(1) of this section,
"tow truck" means both of the following:
(a) An incomplete cab and chassis that are purchased by a
remanufacturer from a new motor vehicle dealer or distributor of
the cab and chassis and on which the remanufacturer then installs
in a permanent manner a wrecker body it purchases from a
manufacturer or distributor of wrecker bodies, installs an
emergency flashing light pylon and emergency lights upon the mast
of the wrecker body or rooftop, and installs such other related
accessories and equipment, including push bumpers, front grille
guards with pads and other custom-ordered items such as painting,
special lettering, and safety striping so as to create a complete
motor vehicle capable of lifting and towing another motor vehicle.
(b) An incomplete cab and chassis that are purchased by a
remanufacturer from a new motor vehicle dealer or distributor of
the cab and chassis and on which the remanufacturer then installs
in a permanent manner a car carrier body it purchases from a
manufacturer or distributor of car carrier bodies, installs an
emergency flashing light pylon and emergency lights upon the
rooftop, and installs such other related accessories and
equipment, including push bumpers, front grille guards with pads
and other custom-ordered items such as painting, special
lettering, and safety striping.
As used in division (GG)(6)(b) of this section, "car carrier
body" means a mechanical or hydraulic apparatus capable of lifting
and holding a motor vehicle on a flat level surface so that one or
more motor vehicles can be transported, once the car carrier is
permanently installed upon an incomplete cab and chassis.
(HH) "Operating as a new motor vehicle dealership" means
engaging in activities such as displaying, offering for sale, and
selling new motor vehicles at retail, operating a service facility
to perform repairs and maintenance on motor vehicles, offering for
sale and selling motor vehicle parts at retail, and conducting all
other acts that are usual and customary to the operation of a new
motor vehicle dealership. For the purposes of this chapter only,
possession of either a valid new motor vehicle dealer franchise
agreement or a new motor vehicle dealers license, or both of these
items, is not evidence that a person is operating as a new motor
vehicle dealership.
(II) "Outdoor power equipment" means garden and small utility
tractors, walk-behind and riding mowers, chainsaws, and tillers.
(JJ) "Remote service facility" means premises that are
separate from a licensed new motor vehicle dealer's sales facility
by not more than one mile and that are used by the dealer to
perform repairs, warranty work, recall work, and maintenance on
motor vehicles pursuant to a franchise agreement entered into with
a manufacturer of motor vehicles. A remote service facility shall
be deemed to be part of the franchise agreement and is subject to
all the rights, duties, obligations, and requirements of Chapter
4517. of the Revised Code that relate to the performance of motor
vehicle repairs, warranty work, recall work, and maintenance work
by new motor vehicle dealers.
(KK) "Recreational vehicle" has the same meaning as in
section 4501.01 of the Revised Code.
Sec. 4517.04. Each person applying for a new motor vehicle
dealer's license shall annually
biennially make out and deliver to
the registrar of motor vehicles, before the first day of April,
and upon a blank to be furnished by the registrar for that
purpose, a separate application for license for each county in
which the business of selling new motor vehicles is to be
conducted. The application shall be in the form prescribed by the
registrar, shall be signed and sworn to by the applicant, and, in
addition to any other information required by the registrar, shall
include the following:
(A) Name of applicant and location of principal place of
business;
(B) Name or style under which business is to be conducted
and, if a corporation, the state of incorporation;
(C) Name and address of each owner or partner and, if a
corporation, the names of the officers and directors;
(D) The county in which the business is to be conducted and
the address of each place of business therein;
(E) A statement of the previous history, record, and
association of the applicant and of each owner, partner, officer,
and director, that shall be sufficient to establish to the
satisfaction of the registrar the reputation in business of the
applicant;
(F) A statement showing whether the applicant has previously
applied for a motor vehicle dealer's license, motor vehicle
leasing dealer's license, manufactured home broker's license,
distributor's license, motor vehicle auction owner's license, or
motor vehicle salesperson's license, and the result of the
application, and whether the applicant has ever been the holder of
any such license that was revoked or suspended;
(G) If the applicant is a corporation or partnership, a
statement showing whether any partner, employee, officer, or
director has been refused a motor vehicle dealer's license, motor
vehicle leasing dealer's license, manufactured home broker's
license, distributor's license, motor vehicle auction owner's
license, or motor vehicle salesperson's license, or has been the
holder of any such license that was revoked or suspended;
(H) A statement of the makes of new motor vehicles to be
handled.
The statement required by division (E) of this section shall
indicate whether the applicant or, if applicable, any of the
applicant's owners, partners, officers, or directors,
individually, or as owner, partner, officer, or director of a
business entity, has been convicted of, pleaded guilty, or pleaded
no contest, in a criminal action, or had a judgment rendered
against him the person in a civil action for, a violation of
sections 4549.41 to 4549.46 of the Revised Code, of any
substantively comparable provisions of the law of any other state,
or of subchapter IV of the "Motor Vehicle Information and Cost
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
A true copy of the contract, agreement, or understanding the
applicant has entered into or is about to enter into with the
manufacturer or distributor of the new motor vehicles the
applicant will handle shall be filed with the application. If the
contract, agreement, or understanding is not in writing, a written
statement of all the terms thereof shall be filed. Each such copy
or statement shall bear a certificate signed by each party to the
contract, agreement, or understanding, to the effect that the copy
or statement is true and complete and contains all of the
agreements made or about to be made between the parties.
The application also shall be accompanied by a photograph, as
prescribed by the registrar, of each place of business operated,
or to be operated, by the applicant.
Sec. 4517.09. Each person applying for a salesperson's
license shall annually biennially make out and deliver to the
registrar of motor vehicles, before the first day of July and upon
a blank to be furnished by the registrar for that purpose, an
application for license. The application shall be in the form
prescribed by the registrar, shall be signed and sworn to by the
applicant, and, in addition to any other information required by
the registrar, shall include the following:
(A) Name and post-office address of the applicant;
(B) Name and post-office address of the motor vehicle dealer
or manufactured home broker for whom the applicant intends to act
as salesperson;
(C) A statement of the applicant's previous history, record,
and association, that shall be sufficient to establish to the
satisfaction of the registrar the applicant's reputation in
business;
(D) A statement as to whether the applicant intends to engage
in any occupation or business other than that of a motor vehicle
salesperson;
(E) A statement as to whether the applicant has ever had any
previous application refused, and whether the applicant has
previously had a license revoked or suspended;
(F) A statement as to whether the applicant was an employee
of or salesperson for a dealer or manufactured home broker whose
license was suspended or revoked;
(G) A statement of the motor vehicle dealer or manufactured
home broker named therein, designating the applicant as the
dealer's or broker's salesperson.
The statement required by division (C) of this section shall
indicate whether the applicant individually, or as an owner,
partner, officer, or director of a business entity, has been
convicted of, or pleaded guilty to, in a criminal action, or had a
judgment rendered against the applicant in a civil action for, a
violation of sections 4549.41 to 4549.46 of the Revised Code, of
any substantively comparable provisions of the law of any other
state, or of subchapter IV of the "Motor Vehicle Information and
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.
Sec. 4517.10. At the time the registrar of motor vehicles
grants the application of any person for a license as motor
vehicle dealer, motor vehicle leasing dealer, manufactured home
broker, distributor, motor vehicle auction owner, or motor vehicle
salesperson, the registrar shall issue to the person a license.
The registrar shall prescribe different forms for the licenses of
motor vehicle dealers, motor vehicle leasing dealers, manufactured
home brokers, distributors, motor vehicle auction owners, and
motor vehicle salespersons, and all licenses shall include the
name and post-office address of the person licensed.
The fee for a dealer's license, and a motor vehicle leasing
dealer's license, and a manufactured home broker's license shall
be fifty dollars, and the fee for a salesperson's license shall be
ten dollars. The fee for a motor vehicle auction owner's license
shall be one hundred dollars for each location. The fee for a
distributor's license shall be one hundred dollars for each
distributorship. In all cases, the fee shall accompany the
application for license.
The registrar may require each applicant for a license issued
under this chapter to pay an additional fee, which shall be used
by the registrar to pay the costs of obtaining a record of any
arrests and convictions of the applicant from the Ohio bureau of
identification and investigation. The amount of the fee shall be
equal to that paid by the registrar to obtain such record.
If a dealer, or a motor vehicle leasing dealer, or a
manufactured home broker, has more than one place of business in
the county, the dealer or the broker shall make application, in
such form as the registrar prescribes, for a certified copy of the
license issued to the dealer or manufactured home broker for each
place of business operated. In the event of the loss, mutilation,
or destruction of a license issued under sections 4517.01 to
4517.65 of the Revised Code, any licensee may make application to
the registrar, in such form as the registrar prescribes, for a
duplicate copy thereof. The fee for a certified or duplicate copy
of a dealer's, motor vehicle leasing dealer's, manufactured home
broker's, distributor's, or auction owner's license, is two
dollars, and the fee for a duplicate copy of a salesperson's
license is one dollar. All fees for such copies shall accompany
the applications.
Beginning on the effective date of this amendment September
16, 2004, all dealers' licenses, motor vehicle leasing dealers'
licenses, manufactured home broker's licenses, distributors'
licenses, auction owners' licenses, and all salespersons' licenses
issued or renewed shall expire biennially on a day within the
two-year cycle that is prescribed by the registrar, unless sooner
suspended or revoked. Before the first day after the day
prescribed by the registrar in the year that the license expires,
each licensed dealer, motor vehicle leasing dealer,
manufactured
home broker, distributor, and auction owner and each licensed
salesperson, in the year in which the license will expire, shall
file an application, in such form as the registrar prescribes, for
the renewal of such license. The fee provided in this section for
the original license shall accompany the application.
Any salesperson's license shall be suspended upon the
termination, suspension, or revocation of the license of the motor
vehicle dealer or manufactured home broker for whom the
salesperson is acting, or upon the salesperson leaving the service
of the motor vehicle dealer or manufactured home broker; provided
that upon the termination, suspension, or revocation of the
license of the motor vehicle dealer or manufactured home broker
for whom the salesperson is acting, or upon the salesperson
leaving the service of a licensed motor vehicle dealer or
manufactured home broker, the licensed salesperson, upon entering
the service of any other licensed motor vehicle dealer or
manufactured home broker, shall make application to the registrar,
in such form as the registrar prescribes, to have the
salesperson's license reinstated, transferred, and registered as a
salesperson for the other dealer or broker. If the information
contained in the application is satisfactory to the registrar, the
registrar shall have the salesperson's license reinstated,
transferred, and registered as a salesperson for the other dealer
or broker. The fee for the reinstatement and transfer of license
shall be two dollars. No license issued to a dealer, motor vehicle
leasing dealer, auction owner, manufactured home broker, or
salesperson, under sections 4517.01 to 4517.65 of the Revised Code
shall be transferable to any other person.
Each dealer, motor vehicle leasing dealer, manufactured home
broker, distributor, and auction owner shall keep the license or a
certified copy thereof and, in the case of a dealer or broker, a
current list of the dealer's or the broker's licensed
salespersons, showing the names, addresses, and serial numbers of
their licenses, posted in a conspicuous place in each place of
business. Each salesperson shall carry the salesperson's license
or a certified copy thereof and shall exhibit such license or copy
upon demand to any inspector of the bureau of motor vehicles,
state highway patrol trooper, police officer, or person with whom
the salesperson seeks to transact business as a motor vehicle
salesperson.
The notice of refusal to grant a license shall disclose the
reason for refusal.
Sec. 4517.12. (A) The registrar of motor vehicles shall deny
the application of any person for a license as a motor vehicle
dealer, motor vehicle leasing dealer, manufactured home broker, or
motor vehicle auction owner and refuse to issue the license if the
registrar finds that the applicant:
(1) Has made any false statement of a material fact in the
application;
(2) Has not complied with sections 4517.01 to 4517.45 of the
Revised Code;
(3) Is of bad business repute or has habitually defaulted on
financial obligations;
(4) Is engaged or will engage in the business of selling at
retail any new motor vehicles without having written authority
from the manufacturer or distributor thereof to sell new motor
vehicles and to perform repairs under the terms of the
manufacturer's or distributor's new motor vehicle warranty, except
as provided in division (C) of this section and except that a
person who assembles or installs special equipment or accessories
for handicapped persons, as defined in section 4503.44 of the
Revised Code, upon a motor vehicle chassis supplied by a
manufacturer or distributor shall not be denied a license pursuant
to division (A)(4) of this section;
(5) Has been guilty of a fraudulent act in connection with
selling or otherwise dealing in, or leasing, motor vehicles, or in
connection with brokering manufactured homes;
(6) Has entered into or is about to enter into a contract or
agreement with a manufacturer or distributor of motor vehicles
that is contrary to sections 4517.01 to 4517.45 of the Revised
Code;
(8) Is of insufficient responsibility to ensure the prompt
payment of any final judgments that might reasonably be entered
against the applicant because of the transaction of business as a
motor vehicle dealer, motor vehicle leasing dealer, manufactured
home broker, or motor vehicle auction owner during the period of
the license applied for, or has failed to satisfy any such
judgment;
(9) Has no established place of business that, where
applicable, is used or will be used for the purpose of selling,
displaying, offering for sale, dealing in, or leasing motor
vehicles at the location for which application is made;
(10) Has, less than twelve months prior to making
application, been denied a motor vehicle dealer's, motor vehicle
leasing dealer's, manufactured home broker's, or motor vehicle
auction owner's license, or has any such license revoked.
(B) If the applicant is a corporation or partnership, the
registrar may refuse to issue a license if any officer, director,
or partner of the applicant has been guilty of any act or omission
that would be cause for refusing or revoking a license issued to
such officer, director, or partner as an individual. The
registrar's finding may be based upon facts contained in the
application or upon any other information the registrar may have.
Immediately upon denying an application for any of the reasons in
this section, the registrar shall enter a final order together
with the registrar's findings and certify the same to the motor
vehicle dealers' and salespersons' licensing board.
(C) Notwithstanding division (A)(4) of this section, the
registrar shall not deny the application of any person and refuse
to issue a license if the registrar finds that the applicant is
engaged or will engage in the business of selling at retail any
new motor vehicles and demonstrates all of the following in the
form prescribed by the registrar:
(1) That the applicant has posted a bond, surety, or
certificate of deposit with the registrar in an amount not less
than one hundred thousand dollars for the protection and benefit
of the applicant's customers except that a new motor vehicle
dealer who is not exclusively engaged in the business of selling
remanufactured vehicles shall not be required to post the bond,
surety, or certificate of deposit otherwise required by division
(C)(1) of this section;
(2) That, at the time of the sale of the vehicle, each
customer of the applicant will be furnished with a binding
agreement ensuring that the customer has the right to have the
vehicle serviced or repaired by a new motor vehicle dealer who is
licensed to sell and service vehicles of the same line-make as the
chassis of the remanufactured vehicle purchased by the customer
and whose service or repair facility is located within either
twenty miles of the applicant's location and place of business or
twenty miles of the customer's residence or place of business. If
there is no such new motor vehicle dealer located within twenty
miles of the applicant's location and place of business or the
customer's residence or place of business, the binding agreement
furnished to the customer may be with the new motor vehicle dealer
who is franchised to sell and service vehicles of the same
line-make as the chassis of the remanufactured vehicle purchased
by the customer and whose service or repair facility is located
nearest to the remanufacturer's location and place of business or
the customer's residence or place of business.
(3) That, at the time of the sale of the vehicle, each
customer of the applicant will be furnished with a warranty issued
by the remanufacturer for a term of at least one year;
(4)(3) That the applicant provides and maintains at the
applicant's location and place of business a permanent facility
with all of the following:
(a) A showroom with space, under roof, for the display of at
least one new motor vehicle;
(b) A service and parts facility for remanufactured vehicles;
(c) Full-time service and parts personnel with the proper
training and technical expertise to service the remanufactured
vehicles sold by the applicant.
Sec. 4517.13. The registrar of motor vehicles shall deny the
application of any person for a license as a distributor and
refuse to issue the license if the registrar finds that the
applicant:
(A) Has made any false statement of a material fact in the
application;
(B) Has not complied with sections 4517.01 to 4517.45 of the
Revised Code;
(C) Is of bad business repute or has habitually defaulted on
financial obligations;
(D) Is engaged or will engage in the business of distributing
any new motor vehicle without having the authority of a contract
with the manufacturer of the vehicle;
(E) Has been guilty of a fraudulent act in connection with
selling or otherwise dealing in motor vehicles;
(F) Has entered into or is about to enter into a contract or
agreement with a manufacturer of motor vehicles that is contrary
to sections 4517.01 to 4517.45 of the Revised Code;
(H) Is of insufficient responsibility to ensure the prompt
payment of any financial judgment that might reasonably be entered
against the applicant because of the transaction of business as a
distributor during the period of the license applied for, or has
failed to satisfy any such judgment;
(I) Has no established place of business that, where
applicable, is used or will be used exclusively for the purpose of
distributing new motor vehicles at the location for which
application is made;
(J) Has, less than twelve months prior to making application,
been denied a distributor's, motor vehicle dealer's, motor vehicle
leasing dealer's, manufactured home broker's, or motor vehicle
auction owner's license, or had any such license revoked.
If the applicant is a corporation or partnership, the
registrar may refuse to issue a license if any officer, director,
employee, or partner of the applicant has been guilty of any act
or omission that would be cause for refusing or revoking a license
issued to such officer, director, employee, or partner as an
individual. The registrar's finding may be based upon facts
contained in the application or upon any other information the
registrar may have. Immediately upon denying an application for
any of the reasons in this section, the registrar shall enter a
final order together with the registrar's findings and certify the
same to the motor vehicle dealers board.
Sec. 4517.14. The registrar of motor vehicles shall deny the
application of any person for a license as a salesperson and
refuse to issue the license if the registrar finds that the
applicant:
(A) Has made any false statement of a material fact in the
application;
(B) Has not complied with sections 4517.01 to 4517.45 of the
Revised Code;
(C) Is of bad business repute or has habitually defaulted on
financial obligations;
(D) Has been guilty of a fraudulent act in connection with
selling or otherwise dealing in motor vehicles;
(E) Has not been designated to act as salesperson for a motor
vehicle dealer or manufactured home broker licensed to do business
in this state under section 4517.10 of the Revised Code, or
intends to act as salesperson for more than one licensed motor
vehicle dealer or manufactured home broker at the same time,
except that a licensed salesperson may act as a salesperson at any
licensed dealership owned or operated by the same corporation
company, regardless of the county in which the dealership's
facility is located;
(F) Holds a current motor vehicle dealer's or manufactured
home broker's license issued under section 4517.10 of the Revised
Code, and intends to act as salesperson for another licensed motor
vehicle dealer or manufactured home broker;
(G) Has, less than twelve months prior to making application,
been denied a salesperson's license or had a salesperson's license
revoked.
The registrar may refuse to issue a salesperson's license to
an applicant who was salesperson for, or in the employ of, a motor
vehicle dealer or manufactured home broker at the time the
dealer's or broker's license was revoked. The registrar's finding
may be based upon any statement contained in the application or
upon any facts within the registrar's knowledge, and, immediately
upon refusing to issue a salesperson's license, the registrar
shall enter a final order and shall certify the final order
together with his findings to the motor vehicle dealers board.
Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor
vehicle leasing dealer, manufactured home broker, or distributor
shall notify the registrar of motor vehicles concerning any change
in status as a dealer, motor vehicle leasing dealer, manufactured
home broker, or distributor during the period for which the
dealer, broker, or distributor is licensed, if the change of
status concerns any of the following:
(1) Personnel of owners, partners, officers, or directors;
(2) Location of office or principal place of business;
(3) In the case of a motor vehicle dealer, any contract or
agreement with any manufacturer or distributor; and in the case of
a distributor, any contract or agreement with any manufacturer.
(B) The notification required by division (A) of this section
shall be made by filing with the registrar, within fifteen days
after the change of status, a supplemental statement in a form
prescribed by the registrar showing in what respect the status has
been changed. If the change involves a change in any contract or
agreement between any manufacturer or distributor, and dealer, or
any manufacturer and distributor, the supplemental statement shall
be accompanied by such copies of contracts, statements, and
certificates as would have been required by sections 4517.01 to
4517.45 of the Revised Code if the change had occurred prior to
the licensee's application for license.
The motor vehicle dealers board may adopt a rule exempting
from the notification requirement of division (A)(1) of this
section any dealer if stock in the dealer or its parent company is
publicly traded and if there are public records with state or
federal agencies that provide the information required by division
(A)(1) of this section.
(C) Whoever violates this section is guilty of a misdemeanor
of the fourth degree.
Sec. 4517.24. (A) No two motor vehicle dealers shall engage
in business at the same location, unless they agree to be jointly,
severally, and personally liable for any liability arising from
their engaging in business at the same location. The agreement
shall be filed with the motor vehicle dealers board, and shall
also be made a part of the articles of incorporation of each such
dealer filed with the secretary of state. Whenever the board has
reason to believe that a dealer who has entered into such an
agreement has revoked the agreement but continues to engage in
business at the same location, the board shall revoke the dealer's
license.
(B) This section does not apply to two or more motor vehicle
dealers engaged in the business of selling new or used
manufactured or mobile homes in the same manufactured home park.
(C) Whoever violates this section is guilty of a misdemeanor
of the fourth degree.
Sec. 4517.44. (A) No manufacturer or distributor of motor
vehicles, dealer in motor vehicles, or manufactured home broker,
nor any owner, proprietor, person in control, or keeper of any
garage, stable, shop, or other place of business, shall fail to
keep or cause to be kept any record required by law.
(B) Whoever violates this section is guilty of a minor
misdemeanor.
Sec. 4705.021. (A) As used in this section:
(1) "Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the Government
of the Bar of Ohio.
(2) "Certified grievance committee" means a duly constituted
and organized committee of the Ohio state bar association or of
one or more local bar associations of the state that complies with
the criteria set forth in rule V, section 3 of the Rules for the
Government of the Bar of Ohio.
(3) "Child support order" has the same meaning as in section
3119.01 of the Revised Code.
(B) If an individual who has been admitted to the bar by
order of the supreme court in compliance with its published rules
is determined pursuant to sections 3123.01 to 3123.07 of the
Revised Code by a court or child support enforcement agency to be
in default under a support order being administered or handled by
a child support enforcement agency, that agency may send a notice
listing the name and social security number or other
identification number of the individual and a certified copy of
the court or agency determination that the individual is in
default to the secretary of the board of commissioners on
grievances and discipline of the supreme court and to either the
disciplinary counsel or the president, secretary, and chairperson
of each certified grievance committee if both of the following are
the case:
(1) At least ninety days have elapsed since the final and
enforceable determination of default;
(2) In the preceding ninety days, the obligor has failed to
pay at least fifty per cent of the arrearage through means other
than those described in sections 3123.81 to 3123.85 of the Revised
Code.
Sec. 4709.13. (A) The barber board may refuse to issue or
renew or may suspend or revoke or impose conditions upon any
license issued pursuant to this chapter for any one or more of the
following causes:
(1) Conviction of a felony shown by a certified copy of the
record of the court of conviction;
(2) Advertising by means of knowingly false or deceptive
statements;
(3)(2) Habitual drunkenness or possession of or addiction to
the use of any controlled drug prohibited by state or federal law;
(4)(3) Immoral or unprofessional conduct;
(5)(4) Continuing to be employed in a barber shop wherein
rules of the board or department of health are violated;
(6)(5) Employing any person who does not have a current Ohio
license to perform the practice of barbering;
(7)(6) Owning, managing, operating, or controlling any barber
school or portion thereof, wherein the practice of barbering is
carried on, whether in the same building or not, without
displaying a sign at all entrances to the places where the
barbering is carried on, indicating that the work therein is done
by students exclusively;
(8)(7) Owning, managing, operating, or controlling any barber
shop, unless it displays a recognizable sign or barber pole
indicating that it is a barber shop, and the sign or pole is
clearly visible at the main entrance to the shop;
(9)(8) Violating any sanitary rules approved by the
department of health or the board;
(10)(9) Employing another person to perform or himself
personally perform the practice of barbering in a licensed barber
shop unless that person is licensed as a barber under this
chapter;
(11)(10) Gross incompetence.
(B)(1) The barber board may refuse to renew or may suspend or
revoke or impose conditions upon any license issued pursuant to
this chapter for conviction of or plea of guilty to a felony
committed after the person has been issued a license under this
chapter, shown by a certified copy of the record of the court in
which the person was convicted or pleaded guilty.
(2) A conviction or plea of guilty to a felony committed
prior to being issued a license under this chapter shall not
disqualify a person from being issued an initial license under
this chapter.
(C) Prior to taking any action under division (A) or (B) of
this section, the board shall provide the person with a statement
of the charges against him the person and notice of the time and
place of a hearing on the charges. The board shall conduct the
hearing according to Chapter 119. of the Revised Code. Any person
dissatisfied with a decision of the board may appeal the board's
decision to the court of common pleas in Franklin county.
(C)(D) The board may adopt rules in accordance with Chapter
119. of the Revised Code, specifying additional grounds upon which
the board may take action under division (A) of this section.
Sec. 4725.34. (A) The state board of optometry shall charge
the following nonrefundable fees:
(1) One hundred ten thirty dollars for application for a
certificate of licensure;
(2) Twenty-five Forty-five dollars for application for a
therapeutic pharmaceutical agents certificate, except when the
certificate is to be issued pursuant to division (A)(3) of section
4725.13 of the Revised Code, in which case the fee shall be
thirty-five dollars;
(3) One hundred ten thirty dollars for renewal of a
certificate of licensure;
(4) Twenty-five Forty-five dollars for renewal of a topical
ocular pharmaceutical agents certificate;
(5) Twenty-five Forty-five dollars for renewal of a
therapeutic pharmaceutical agents certificate;
(6) Seventy-five One hundred twenty-five dollars for late
completion or submission, or both, of continuing optometric
education;
(7) Seventy-five One hundred twenty-five dollars for late
renewal of one or more certificates that have expired;
(8) Seventy-five dollars for reinstatement of one or more
certificates classified as delinquent under section 4725.16 of the
Revised Code, multiplied by the number of years the one or more
certificates have been classified as delinquent;
(9) Seventy-five dollars for reinstatement of one or more
certificates placed on inactive status under section 4725.17 of
the Revised Code;
(10) Seventy-five dollars for reinstatement under section
4725.171 of the Revised Code of one or more expired certificates;
(11) Additional fees to cover administrative costs incurred
by the board, including fees for replacing licenses issued by the
board and providing rosters of currently licensed optometrists.
Such fees shall be established at a regular meeting of the board
and shall comply with any applicable guidelines or policies set by
the department of administrative services or the office of budget
and management.
(B) The board, subject to the approval of the controlling
board, may establish fees in excess of the amounts specified in
division (A) of this section if the fees do not exceed the amounts
specified by more than fifty per cent.
(C) All receipts of the board, from any source, shall be
deposited in the state treasury to the credit of the occupational
licensing and regulatory fund.
Sec. 4725.48. (A) Any person who desires to engage in
optical dispensing, except as provided in section 4725.47 of the
Revised Code, shall file a properly completed written application
for an examination with the Ohio optical dispensers board or with
the testing service the board has contracted with pursuant to
section 4725.49 of the Revised Code. The application for
examination shall be made on a form provided by the board or
testing service and shall be accompanied by an examination fee the
board shall establish by rule. Applicants must return the
application to the board or testing service at least sixty days
prior to the date the examination is scheduled to be administered.
(B) Except as provided in section 4725.47 of the Revised
Code, any person who desires to engage in optical dispensing shall
file a properly completed written application for a license with
the board with the appropriate license a licensure application fee
as set forth under section 4725.50 of the Revised Code of fifty
dollars.
No person shall be eligible to apply for a license under this
division, unless the person is at least eighteen years of age, is
of good moral character, is free of contagious or infectious
disease, has received a passing score, as determined by the board,
on the examination administered under division (A) of this
section, is a graduate of an accredited high school of any state,
or has received an equivalent education and has successfully
completed either of the following:
(1) Two years of supervised experience under a licensed
dispensing optician, optometrist, or physician engaged in the
practice of ophthalmology, up to one year of which may be
continuous experience of not less than thirty hours a week in an
optical laboratory;
(2) A two-year college level program in optical dispensing
that has been approved by the board and that includes, but is not
limited to, courses of study in mathematics, science, English,
anatomy and physiology of the eye, applied optics, ophthalmic
optics, measurement and inspection of lenses, lens grinding and
edging, ophthalmic lens design, keratometry, and the fitting and
adjusting of spectacle lenses and frames and contact lenses,
including methods of fitting contact lenses and post-fitting care.
(C) Any person who desires to obtain a license to practice as
an ocularist shall file a properly completed written application
with the board accompanied by the appropriate fee and proof that
the applicant has met the requirements for licensure. The board
shall establish, by rule, the application fee and the minimum
requirements for licensure, including education, examination, or
experience standards recognized by the board as national standards
for ocularists. The board shall issue a license to practice as an
ocularist to an applicant who satisfies the requirements of this
division and rules adopted pursuant to this division.
Sec. 4725.50. (A) Except for a person who qualifies for
licensure as an ocularist, each person who qualifies for licensure
under sections 4725.40 to 4725.59 of the Revised Code shall
receive from the Ohio optical dispensers board, under its seal, a
certificate of licensure entitling him the person to practice as a
licensed spectacle dispensing optician, licensed contact lens
dispensing optician, or a licensed spectacle-contact lens
dispensing optician. The appropriate certificate of licensure
shall be issued by the board no later than sixty days after it has
notified the applicant of his the applicant's approval for
licensure.
(B) The licensure fee shall be fifty dollars for applications
submitted in January through March; thirty-seven dollars and fifty
cents, in April through June; twenty-five dollars, in July through
September; and twelve dollars and fifty cents, in October through
December.
(C) Each licensed dispensing optician shall display his the
licensed dispensing optician's certificate of licensure in a
conspicuous place in his the licensed dispensing optician's office
or place of business. If a licensed dispensing optician maintains
more than one office or place of business, he the licensed
dispensing optician shall display a duplicate copy of such
certificate at each location. The board shall issue duplicate
copies of the appropriate certificate of licensure for this
purpose upon the filing of an application form therefor and the
payment of a five-dollar fee for each duplicate copy.
Sec. 4725.52. Any licensed dispensing optician may supervise
a maximum of three apprentices who shall be permitted to engage in
optical dispensing only under the supervision of the licensed
dispensing optician.
A person serving To serve as an apprentice, a person shall
register annually with the Ohio optical dispensers board either on
a form provided by the board or in the form of a statement giving
the name and address of the supervising licensed dispensing
optician, the location at which the apprentice will be employed,
and any other information required by the board. Each registrant
For the duration of the apprenticeship, the apprentice shall
register annually on the form provided by the board or in the form
of a statement.
Each apprentice shall pay a an initial registration fee of
ten twenty dollars. For each registration renewal thereafter, each
apprentice shall pay a registration renewal fee of twenty dollars.
A person who is gaining experience under the supervision of a
licensed optometrist or ophthalmologist that would qualify him
the
person under division (B)(1) of section 4725.48 of the Revised
Code to take the examination for optical dispensing is not
required to register with the board.
Sec. 4725.57. An applicant for licensure as a licensed
dispensing optician who is licensed or registered in another state
shall be accorded the full privileges of practice within this
state, upon the payment of a seventy-five fifty-dollar fee and the
submission of a certified copy of the license or certificate
issued by such other state, without the necessity of examination,
if the board determines that the applicant meets the criteria of
division (A) of section 4725.48 of the Revised Code and further
determines that the educational background or experience of the
applicant satisfies the remaining requirements of division (B) of
section 4725.48 of the Revised Code.
The board may require that
the applicant have received a passing score, as determined by the
board, on an examination that is substantially the same as the
examination described in division (A) of section 4725.48 of the
Revised Code.
Sec. 4729.021. The state board of pharmacy may enter into
contracts with private entities for the furtherance of its duties
as set forth in this chapter. When entering into these contracts,
the board shall give preference to entities that are Ohio-based
companies. Any revenue received by the board from such contracts
shall be placed in the occupational licensing and regulatory fund
and may be used for any purpose determined by the board to be
relevant to its duties, including the establishment and
maintenance of a drug database pursuant to section 4729.75 of the
Revised Code.
Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the
Revised Code:
(A)(1) "Clinical laboratory services" means either of the
following:
(a) Any examination of materials derived from the human body
for the purpose of providing information for the diagnosis,
prevention, or treatment of any disease or impairment or for the
assessment of health;
(b) Procedures to determine, measure, or otherwise describe
the presence or absence of various substances or organisms in the
body.
(2) "Clinical laboratory services" does not include the mere
collection or preparation of specimens.
(B) "Designated health services" means any of the following:
(1) Clinical laboratory services;
(2) Home health care services;
(3) Outpatient prescription drugs.
(C) "Fair market value" means the value in arms-length
transactions, consistent with general market value and:
(1) With respect to rentals or leases, the value of rental
property for general commercial purposes, not taking into account
its intended use;
(2) With respect to a lease of space, not adjusted to reflect
the additional value the prospective lessee or lessor would
attribute to the proximity or convenience to the lessor if the
lessor is a potential source of referrals to the lessee.
(D) "Governmental health care program" means any program
providing health care benefits that is administered by the federal
government, this state, or a political subdivision of this state,
including the medicare program established under Title XVIII of
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,
as amended, health care coverage for public employees, health care
benefits administered by the bureau of workers' compensation, and
the medicaid program established under Chapter 5111. of the
Revised Code, and the children's buy-in program established under
sections 5101.5211 to 5101.5216 of the Revised Code.
(E)(1) "Group practice" means a group of two or more holders
of certificates under this chapter legally organized as a
partnership, professional corporation or association, limited
liability company, foundation, nonprofit corporation, faculty
practice plan, or similar group practice entity, including an
organization comprised of a nonprofit medical clinic that
contracts with a professional corporation or association of
physicians to provide medical services exclusively to patients of
the clinic in order to comply with section 1701.03 of the Revised
Code and including a corporation, limited liability company,
partnership, or professional association described in division (B)
of section 4731.226 of the Revised Code formed for the purpose of
providing a combination of the professional services of
optometrists who are licensed, certificated, or otherwise legally
authorized to practice optometry under Chapter 4725. of the
Revised Code, chiropractors who are licensed, certificated, or
otherwise legally authorized to practice chiropractic or
acupuncture under Chapter 4734. of the Revised Code, psychologists
who are licensed, certificated, or otherwise legally authorized to
practice psychology under Chapter 4732. of the Revised Code,
registered or licensed practical nurses who are licensed,
certificated, or otherwise legally authorized to practice nursing
under Chapter 4723. of the Revised Code, pharmacists who are
licensed, certificated, or otherwise legally authorized to
practice pharmacy under Chapter 4729. of the Revised Code,
physical therapists who are licensed, certificated, or otherwise
legally authorized to practice physical therapy under sections
4755.40 to 4755.56 of the Revised Code, occupational therapists
who are licensed, certificated, or otherwise legally authorized to
practice occupational therapy under sections 4755.04 to 4755.13 of
the Revised Code, mechanotherapists who are licensed,
certificated, or otherwise legally authorized to practice
mechanotherapy under section 4731.151 of the Revised Code, and
doctors of medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery who are licensed, certificated,
or otherwise legally authorized for their respective practices
under this chapter, to which all of the following apply:
(a) Each physician who is a member of the group practice
provides substantially the full range of services that the
physician routinely provides, including medical care,
consultation, diagnosis, or treatment, through the joint use of
shared office space, facilities, equipment, and personnel.
(b) Substantially all of the services of the members of the
group are provided through the group and are billed in the name of
the group and amounts so received are treated as receipts of the
group.
(c) The overhead expenses of and the income from the practice
are distributed in accordance with methods previously determined
by members of the group.
(d) The group practice meets any other requirements that the
state medical board applies in rules adopted under section 4731.70
of the Revised Code.
(2) In the case of a faculty practice plan associated with a
hospital with a medical residency training program in which
physician members may provide a variety of specialty services and
provide professional services both within and outside the group,
as well as perform other tasks such as research, the criteria in
division (E)(1) of this section apply only with respect to
services rendered within the faculty practice plan.
(F) "Home health care services" and "immediate family" have
the same meanings as in the rules adopted under section 4731.70 of
the Revised Code.
(G) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(H) A "referral" includes both of the following:
(1) A request by a holder of a certificate under this chapter
for an item or service, including a request for a consultation
with another physician and any test or procedure ordered by or to
be performed by or under the supervision of the other physician;
(2) A request for or establishment of a plan of care by a
certificate holder that includes the provision of designated
health services.
(I) "Third-party payer" has the same meaning as in section
3901.38 of the Revised Code.
Sec. 4731.71. The auditor of state may implement procedures
to detect violations of section 4731.66 or 4731.69 of the Revised
Code within governmental health care programs administered by the
state. The auditor of state shall report any violation of either
section to the state medical board and shall certify to the
attorney general in accordance with section 131.02 of the Revised
Code the amount of any refund owed to a state-administered
governmental health care program under section 4731.69 of the
Revised Code as a result of a violation. If a refund is owed to
the medicaid program established under Chapter 5111. of the
Revised Code or the children's buy-in program established under
sections 5101.5211 to 5101.5216 of the Revised Code, the auditor
of state also shall report the amount to the department of job and
family services.
The state medical board also may implement procedures to
detect violations of section 4731.66 or 4731.69 of the Revised
Code.
Sec. 4733.15. (A) Registration expires annually on the last
day of December
following initial registration or renewal of
registration 2011, and becomes invalid on that date unless renewed
pursuant to this section and the standard renewal procedure of
sections 4745.01 to 4745.03 of the Revised Code. For renewals
after that date, registration expires biennially on the last day
of December following initial registration or renewal of
registration and becomes invalid on that date unless renewed.
Renewal may be effected at any time prior to the date of
expiration for a period of one year by the applicant's payment to
the treasurer of state of a fee of twenty forty dollars for a
renewal of registration as either a professional engineer or
professional surveyor and, for renewals for calendar year 2008 and
thereafter, demonstration of completion of the continuing
professional development requirements of section 4733.151 of the
Revised Code. When notified as required in this section, a
registrant's failure to renew registration shall not deprive the
registrant of the right of renewal within the following twelve
months, but the fee to renew a registration within twelve months
after expiration shall be increased fifty per cent, and the
registrant shall certify completion of continuing professional
development hours as required in section 4733.151 of the Revised
Code.
The state board of registration for professional engineers
and surveyors may, upon request, waive the payment of renewal fees
or the completion of continuing professional development
requirements for a registrant during the period when the
registrant is on active duty in connection with any branch of the
armed forces of the United States.
(B) Each certificate of authorization issued pursuant to
section 4733.16 of the Revised Code shall authorize the holder to
provide professional engineering or professional surveying
services, through the registered professional engineer or
professional surveyor designated as being in responsible charge of
the professional engineering or professional surveying practice,
from the date of issuance until the last day of June next
succeeding the date upon which the certificate was issued, unless
the certificate has been revoked or suspended for cause as
provided in section 4733.20 of the Revised Code or has been
suspended pursuant to section 3123.47 of the Revised Code.
(C) If a registrant fails to renew registration as provided
under division (A) of this section, renewal and reinstatement may
be effected under rules the board adopts regarding requirements
for reexamination or reapplication, and reinstatement penalty
fees. The board may require a registrant who fails to renew
registration to complete those the required hours of continuing
professional development required from the effective date of this
section, as a condition of renewal and reinstatement if the
registrant seeks renewal and reinstatement under this division on
or after January 1, 2009.
Sec. 4733.151. (A) Each For registrations expiring on the
last day of December 2011, each registrant for renewal for
calendar year 2008 and thereafter shall have completed, within the
preceding in calendar year 2011, at least fifteen hours of
continuing professional development for professional engineers and
surveyors. Thereafter, each registrant shall complete at least
thirty hours of continuing professional development during the
two-year period immediately preceding the biennial renewal
expiration date.
(B) The continuing professional development requirement may
be satisfied by coursework or activities dealing with technical,
ethical, or managerial topics relevant to the practice of
engineering or surveying. A registrant may earn continuing
professional development hours by completing or teaching
university or college level coursework, attending seminars,
workshops, or conferences, authoring relevant published papers,
articles, or books, receiving patent awards, or actively
participating in professional or technical societies serving the
engineering or surveying professions.
In the case of the board disputing the content of any credit
hours or coursework, then the board shall presume as a matter of
law that any credit hours submitted by a registrant, or any
coursework or activity submitted for approval, complies with this
section if submitted and if a statement signed by a current
registrant not otherwise participating in the event, affirms that
the material is relevant to the registrant's practice and will
assist the registrant's development in the profession.
Credit for university or college level coursework shall be
based on the credit established by the university or college. One
semester hour as established by the university or college shall be
the equivalent of forty-five hours of continuing professional
development, and one quarter hour as established by the university
or college shall be the equivalent of thirty hours of continuing
professional development.
Credit for seminars, workshops, or conferences offering
continuing education units shall be based on the units awarded by
the organization presenting the seminar, workshop, or conference.
A registrant may earn ten continuing professional development
hours for each continuing education unit awarded. Each hour of
attendance at a seminar, workshop, or conference for which no
continuing education units are offered shall be the equivalent of
one continuing professional development hour.
A registrant may earn two continuing professional development
hours for each year of service as an officer or active committee
member of a professional or technical society or association that
represents registrants or entities composed of registrants. A
registrant may earn ten continuing professional development hours
for authoring relevant published papers, articles, or books. A
registrant may earn ten continuing professional development hours
for each such published paper, article, or book. A registrant may
earn ten continuing professional development hours for each patent
award.
(C) A person registered as both a professional engineer and
professional surveyor shall complete at least five ten of the
fifteen thirty hours required under division (A) of this section
in engineering-related coursework or activities and at least five
ten of those fifteen thirty hours in surveying-related coursework
or activities.
(D) A registrant is exempt from the continuing professional
development requirements of this section during the first calendar
year of registration.
(E) A registrant who completes more than fifteen thirty hours
of approved coursework or activities in any calendar year a
biennial renewal period may carry forward to the next calendar
year biennial renewal period a maximum of fifteen of the excess
hours.
(F) A registrant shall maintain records to demonstrate
completion of the continuing professional development requirements
specified in this section for a period of three four calendar
years beyond the year in which certification of the completion of
the requirements is obtained by the registrant. The records shall
include all of the following:
(1) A log specifying the type of coursework or activity, its
location and duration along with the instructor's name, and the
number of continuing professional development hours earned;
(2) Certificates of completion or other evidence verifying
attendance.
(G) The records specified in division (F) of this section may
be audited at any time by the state board of registration for
professional engineers and surveyors. If the board discovers that
a registrant has failed to complete coursework or activities, it
shall notify the registrant of the deficiencies and allow the
registrant six months from the date of the notice to rectify the
deficiencies and to provide the board with evidence of
satisfactory completion of the continuing professional development
requirements. If the registrant fails to provide such evidence
within that six-month period, the board may revoke or suspend the
registration after offering an adjudication hearing in accordance
with Chapter 119. of the Revised Code.
Sec. 4736.12. (A) The state board of sanitarian registration
shall charge the following fees:
(1) To apply as a sanitarian-in-training, eighty dollars;
(2) For sanitarians-in-training to apply for registration as
sanitarians, eighty dollars. The applicant shall pay this fee only
once regardless of the number of times the applicant takes an
examination required under section 4736.08 of the Revised Code.
(3) For persons other than sanitarians-in-training to apply
for registration as sanitarians, including persons meeting the
requirements of section 4736.16 of the Revised Code, one hundred
sixty dollars. The applicant shall pay this fee only once
regardless of the number of times the applicant takes an
examination required under section 4736.08 of the Revised Code.
(4) The renewal fee for registered sanitarians shall be
seventy-four eighty dollars.
(5) The renewal fee for sanitarians-in-training shall be
seventy-four eighty dollars.
(6) For late application for renewal, twenty-seven an
additional fifty dollars.
The board of sanitarian registration, with the approval of
the controlling board, may establish fees in excess of the amounts
provided in this section, provided that such fees do not exceed
the amounts permitted by this section by more than fifty per cent.
(B) The board of sanitarian registration shall charge
separate fees for examinations as required by section 4736.08 of
the Revised Code, provided that the fees are not in excess of the
actual cost to the board of conducting the examinations.
(C) The board of sanitarian registration may adopt rules
establishing fees for all of the following:
(1) Application for the registration of a training agency
approved under rules adopted by the board pursuant to section
4736.11 of the Revised Code and for the annual registration
renewal of an approved training agency.;
(2) Application for the review of continuing education hours
submitted for the board's approval by approved training agencies
or by registered sanitarians or sanitarians-in-training;
(3) Additional copies of pocket identification cards and wall
certificates.
Sec. 4757.31. (A) Subject to division (B) of this section,
the counselor, social worker, and marriage and family therapist
board shall establish, and may from time to time adjust, fees to
be charged for the following:
(1) Examination for licensure as a professional clinical
counselor, professional counselor, marriage and family therapist,
independent marriage and family therapist, social worker, or
independent social worker;
(2) Initial licenses of professional clinical counselors,
professional counselors, marriage and family therapists,
independent marriage and family therapists, social workers, and
independent social workers, except that the board shall charge
only one fee to a person who fulfills all requirements for more
than one of the following initial licenses: an initial license as
a social worker or independent social worker, an initial license
as a professional counselor or professional clinical counselor,
and an initial license as a marriage and family therapist or
independent marriage and family therapist;
(3) Initial certificates of registration of social work
assistants;
(4) Renewal and late renewal of licenses of professional
clinical counselors, professional counselors, marriage and family
therapists, independent marriage and family therapists, social
workers, and independent social workers and renewal and late
renewal of certificates of registration of social work assistants;
(5) Verification, to another jurisdiction, of a license or
registration issued by the board;
(6) Continuing education programs offered by the board to
licensees or registrants;
(7) Approval of continuing education programs;
(8) Approval of continuing education providers to be
authorized to offer continuing education programs without prior
approval from the board for each program offered;
(9) Issuance of a replacement copy of any wall certificate
issued by the board.
(B) The fees charged under division (A)(1) of this section
shall be established in amounts sufficient to cover the direct
expenses incurred in examining applicants for licensure. The fees
charged under divisions (A)(2) to (6)(9) of this section shall be
nonrefundable and shall be established in amounts sufficient to
cover the necessary expenses in administering this chapter and
rules adopted under it that are not covered by fees charged under
division (A)(1) or (C) of this section. The renewal fee for a
license or certificate of registration shall not be less than the
initial fee for that license or certificate. The fees charged for
licensure and registration and the renewal of licensure and
registration may differ for the various types of licensure and
registration, but shall not exceed one hundred twenty-five dollars
each, unless the board determines that amounts in excess of one
hundred twenty-five dollars are needed to cover its necessary
expenses in administering this chapter and rules adopted under it
and the amounts in excess of one hundred twenty-five dollars are
approved by the controlling board.
(C) All receipts of the board shall be deposited in the state
treasury to the credit of the occupational licensing and
regulatory fund. All vouchers of the board shall be approved by
the chairperson or executive director of the board, or both, as
authorized by the board.
Sec. 4781.01. As used in this chapter:
(A) "Industrialized unit" has the same meaning as in division
(C)(3) of section 3781.06 of the Revised Code.
(B) "Installation" means any of the following:
(1) The temporary or permanent construction of stabilization,
support, and anchoring systems for manufactured housing;
(2) The placement and erection of a manufactured housing unit
or components of a unit on a structural support system;
(3) The supporting, blocking, leveling, securing, anchoring,
underpinning, or adjusting of any section or component of a
manufactured housing unit;
(4) The joining or connecting of all sections or components
of a manufactured housing unit.
(C) "Manufactured home" has the same meaning as in division
(C)(4) of section 3781.06 of the Revised Code.
(D) "Manufactured home park" has the same meaning as in
division (A) of section 3733.01 of the Revised Code means any
tract of land upon which three or more manufactured or mobile
homes used for habitation are parked, either free of charge or for
revenue purposes, and includes any roadway, building, structure,
vehicle, or enclosure used or intended for use as a part of the
facilities of the park. "Manufactured home park" does not include
any of the following:
(1) A tract of land used solely for the storage or display
for sale of manufactured or mobile homes or solely as a temporary
park-camp as defined in section 3729.01 of the Revised Code;
(2) A tract of land that is subdivided and the individual
lots are for sale or sold for the purpose of installation of
manufactured or mobile homes used for habitation and the roadways
are dedicated to the local government authority;
(3) A tract of land within an area that is subject to local
zoning authority and subdivision requirements and is subdivided,
and the individual lots are for sale or sold for the purpose of
installation of manufactured or mobile homes for habitation.
(E) "Manufactured housing" means manufactured homes and
mobile homes.
(F) "Manufactured housing installer" means an individual who
installs manufactured housing.
(G) "Mobile home" has the same meaning as in division (O) of
section 4501.01 of the Revised Code.
(H) "Model standards" means the federal manufactured home
installation standards established pursuant to 42 U.S.C. 5404.
(I) "Permanent foundation" has the same meaning as in
division (C)(5) of section 3781.06 of the Revised Code.
(J) "Business" includes any activities engaged in by any
person for the object of gain, benefit, or advantage either direct
or indirect.
(K) "Casual sale" means any transfer of a manufactured home
or mobile home by a person other than a manufactured housing
dealer, manufactured housing salesperson, or manufacturer to an
ultimate consumer or a person who purchases the home for use as a
residence.
(L) "Engaging in business" means commencing, conducting, or
continuing in business, or liquidating a business when the
liquidator thereof holds self out to be conducting such business;
making a casual sale or otherwise making transfers in the ordinary
course of business when the transfers are made in connection with
the disposition of all or substantially all of the transferor's
assets is not engaging in business.
(M) "Manufactured home park operator" has the same meaning as
"operator" in section 3733.01 of the Revised Code or "park
operator" means the person who has responsible charge of a
manufactured home park and who is licensed under sections 4781.26
to 4781.35 of the Revised Code.
(N) "Manufactured housing broker" means any person acting as
a selling agent on behalf of an owner of a manufactured home or
mobile home that is subject to taxation under section 4503.06 of
the Revised Code.
(O) "Manufactured housing dealer" means any person engaged in
the business of selling at retail, displaying, offering for sale,
or dealing in manufactured homes or mobile homes.
(P) "Manufacturer" means a person who manufacturers,
assembles, or imports manufactured homes or mobile homes.
(Q) "Retail sale" or "sale at retail" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of a manufactured home or mobile home to an ultimate
purchaser for use as a residence.
(R) "Salesperson" means any individual employed by a
manufactured housing dealer or manufactured housing broker to
sell, display, and offer for sale, or deal in manufactured homes
or mobile homes for a commission, compensation, or other valuable
consideration, but does not mean any public officer performing
official duties.
(S) "Ultimate purchaser" means, with respect to any new
manufactured home, the first person, other than a manufactured
housing dealer purchasing in the capacity of a manufactured
housing dealer, who purchases such new manufactured home for
purposes other than resale.
(T) "Tenant" means a person who is entitled under a rental
agreement with a manufactured home park operator to occupy a
manufactured home park lot and who does not own the home occupying
the lot.
(U) "Owner" means a person who is entitled under a rental
agreement with a manufactured home park operator to occupy a
manufactured home park lot and who owns the home occupying the
lot.
(V) "Resident" means a person entitled under a rental
agreement to the use and occupancy of residential premises to the
exclusion of others. "Resident" includes both tenants and owners.
(W) "Residential premises" means a lot located within a
manufactured home park and the grounds, areas, and facilities
contained within the manufactured home park for the use of
residents generally or the use of which is promised to a resident.
(X) "Rental agreement" means any agreement or lease, written
or oral, that establishes or modifies the terms, conditions,
rules, or any other provisions concerning the use and occupancy of
residential premises by one of the parties.
(Y) "Security deposit" means any deposit of money or property
to secure performance by the resident under a rental agreement.
(Z) "Development" means any artificial change to improved or
unimproved real estate, including, without limitation, buildings
or structures, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials, and the
construction, expansion, or substantial alteration of a
manufactured home park, for which plan review is required under
division (A) of section 4781.31 of the Revised Code. "Development"
does not include the building, construction, erection, or
manufacture of any building to which section 3781.06 of the
Revised Code is applicable.
(AA) "Flood" or "flooding" means either of the following:
(1) A general and temporary condition of partial or complete
inundation of normally dry land areas from any of the following:
(a) The overflow of inland or tidal waters;
(b) The unusual and rapid accumulation or runoff of surface
waters from any source;
(c) Mudslides that are proximately caused by flooding as
defined in division (AA)(1)(b) of this section and that are akin
to a river of liquid and flowing mud on the surface of normally
dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
(2) The collapse or subsidence of land along the shore of a
lake or other body of water as a result of erosion or undermining
that is caused by waves or currents of water exceeding anticipated
cyclical levels or that is suddenly caused by an unusually high
water level in a natural body of water, and that is accompanied by
a severe storm, by an unanticipated force of nature, such as a
flash flood, by an abnormal tidal surge, or by some similarly
unusual and unforeseeable event, that results in flooding as
defined in division (AA)(1)(a) of this section.
(BB) "Flood plain" means the area adjoining any river,
stream, watercourse, or lake that has been or may be covered by
flood water.
(CC) "One-hundred-year flood" means a flood having a one per
cent chance of being equaled or exceeded in any given year.
(DD) "One-hundred-year flood plain" means that portion of a
flood plain inundated by a one-hundred-year flood.
(EE) "Person" has the same meaning as in section 1.59 of the
Revised Code and also includes this state, any political
subdivision of this state, and any other state or local body of
this state.
(FF) "Substantial damage" means damage of any origin
sustained by a manufactured or mobile home that is situated in a
manufactured home park located in a flood plain when the cost of
restoring the home to its condition before the damage occurred
will equal or exceed fifty per cent of the market value of the
home before the damage occurred.
(GG) "Substantially alter" means a change in the layout or
design of a manufactured home park, including, without limitation,
the movement of utilities or changes in established streets, lots,
or sites or in other facilities. In the case of manufactured home
parks located within a one-hundred-year flood plain,
"substantially alter" also includes changes in elevation resulting
from the addition of fill, grading, or excavation that may affect
flood plain management.
(HH) "Tract" means a contiguous area of land that consists of
one or more parcels, lots, or sites that have been separately
surveyed regardless of whether the individual parcels, lots, or
sites have been recorded and regardless of whether the one or more
parcels, lots, or sites are under common or different ownership.
Sec. 4781.02. (A) There is hereby created the manufactured
homes commission which consists of nine members, with three
members appointed by the governor, three members appointed by the
president of the senate, and three members appointed by the
speaker of the house of representatives.
(B)(1) Commission members shall be residents of this state,
except for members appointed pursuant to divisions (B)(3)(b) and
(B)(4)(a) of this section. Members shall be selected from a list
of persons the Ohio manufactured homes association, or any
successor entity, recommends, except for appointments made
pursuant to division (B)(2) of this section.
(2) The governor shall appoint the following members:
(a) One member to represent the board of building standards,
who may be a member of the board or a board employee not in the
classified civil service, with an initial term ending December 31,
2007;
(b) One member to represent the department of health, who may
be a department employee not in the classified civil service, with
an initial term ending December 31, 2005 who is registered as a
sanitarian in accordance with Chapter 4736. of the Revised Code,
has experience with the regulation of manufactured homes, and is
an employee of a health district described in section 3709.01 of
the Revised Code;
(c) One member whose primary residence is a manufactured
home, with an initial term ending December 31, 2006.
(3) The president of the senate shall appoint the following
members:
(a) Two members who are manufactured housing installers who
have been actively engaged in the installation of manufactured
housing for the five years immediately prior to appointment, with
the initial term of one installer ending December 31, 2007, and
the initial term of the other installer ending December 31, 2005.
(b) One member who manufactures manufactured homes in this
state or who manufactures manufactured homes in another state and
ships homes into this state, to represent manufactured home
manufacturers, with an initial term ending December 31, 2006.
(4) The speaker of the house of representatives shall appoint
the following members:
(a) One member who operates a manufactured or mobile home
retail business in this state to represent manufactured housing
dealers, with an initial term ending December 31, 2007;
(b) One member who is a manufactured home park operator or is
employed by an operator, with an initial term ending December 31,
2005;
(c) One member to represent the Ohio manufactured home
association, or any successor entity, who may be the president or
executive director of the association or the successor entity,
with an initial term ending December 31, 2006.
(C)(1) After the initial term, each term of office is for
four years ending on the thirty-first day of December. A member
holds office from the date of appointment until the end of the
term. No member may serve more than two consecutive four-year
terms.
(2) Any member appointed to fill a vacancy that occurs prior
to the expiration of a term continues in office for the remainder
of that term. Any member continues in office subsequent to the
expiration date of the term until the member's successor takes
office or until sixty days have elapsed, which ever occurs first.
(3) A vacancy on the commission does not impair the authority
of the remaining members to exercise all of the commission's
powers.
(D)(1) The governor may remove any member from office for
incompetence, neglect of duty, misfeasance, nonfeasance,
malfeasance, or unprofessional conduct in office.
(2) Vacancies shall be filled in the manner of the original
appointment.
Sec. 4781.04. (A) The manufactured homes commission shall
adopt rules pursuant to Chapter 119. of the Revised Code to do all
of the following:
(1) Establish uniform standards that govern the installation
of manufactured housing. Not later than one hundred eighty days
after the secretary of the United States department of housing and
urban development adopts model standards for the installation of
manufactured housing or amends those standards, the commission
shall amend its standards as necessary to be consistent with, and
not less stringent than, the model standards for the design and
installation of manufactured housing the secretary adopts or any
manufacturers' standards that the secretary determines are equal
to or not less stringent than the model standards.
(2) Govern the inspection of the installation of manufactured
housing. The rules shall specify that the commission, any building
department or personnel of any department, any licensor or
personnel of any licensor, or any private third party, certified
pursuant to section 4781.07 of the Revised Code shall conduct all
inspections of the installation of manufactured housing located in
manufactured home parks to determine compliance with the uniform
installation standards the commission establishes pursuant to this
section.
As used in division (A)(2) of this section, "licensor" has
the same meaning as in section 3733.01 of the Revised Code.
(3) Govern the design, construction, installation, approval,
and inspection of foundations and the base support systems for
manufactured housing. The rules shall specify that the commission,
any building department or personnel of any department, any
licensor or personnel of any licensor, or any private third party,
certified pursuant to section 4781.07 of the Revised Code shall
conduct all inspections of the installation, foundations, and base
support systems of manufactured housing located in manufactured
home parks to determine compliance with the uniform installation
standards and foundation and base support system design the
commission establishes pursuant to this section.
As used in division (A)(3) of this section, "licensor" has
the same meaning as in section 3733.01 of the Revised Code.
(4) Govern the training, experience, and education
requirements for manufactured housing installers, manufactured
housing dealers, manufactured housing brokers, and manufactured
housing salespersons;
(5) Establish a code of ethics for manufactured housing
installers;
(6) Govern the issuance, revocation, and suspension of
licenses to manufactured housing installers;
(7) Establish fees for the issuance and renewal of licenses,
for conducting inspections to determine an applicant's compliance
with this chapter and the rules adopted pursuant to it, and for
the commission's expenses incurred in implementing this chapter;
(8) Establish conditions under which a licensee may enter
into contracts to fulfill the licensee's responsibilities;
(9) Govern the investigation of complaints concerning any
violation of this chapter or the rules adopted pursuant to it or
complaints involving the conduct of any licensed manufactured
housing installer or person installing manufactured housing
without a license, licensed manufactured housing dealer, licensed
manufactured housing broker, or manufactured housing salesperson;
(10) Establish a dispute resolution program for the timely
resolution of warranty issues involving new manufactured homes,
disputes regarding responsibility for the correction or repair of
defects in manufactured housing, and the installation of
manufactured housing. The rules shall provide for the timely
resolution of disputes between manufacturers, manufactured housing
dealers, and installers regarding the correction or repair of
defects in manufactured housing that are reported by the purchaser
of the home during the one-year period beginning on the date of
installation of the home. The rules also shall provide that
decisions made regarding the dispute under the program are not
binding upon the purchaser of the home or the other parties
involved in the dispute unless the purchaser so agrees in a
written acknowledgement that the purchaser signs and delivers to
the program within ten business days after the decision is issued.
(11) Establish the requirements and procedures for the
certification of building departments and building department
personnel pursuant to section 4781.07 of the Revised Code;
(12) Establish fees to be charged to building departments and
building department personnel applying for certification and
renewal of certification pursuant to section 4781.07 of the
Revised Code;
(13) Develop a policy regarding the maintenance of records
for any inspection authorized or conducted pursuant to this
chapter. Any record maintained under division (A)(13) of this
section shall be a public record under section 149.43 of the
Revised Code.
(14) Carry out any other provision of this chapter.
(B) The manufactured homes commission shall do all of the
following:
(1) Prepare and administer a licensure examination to
determine an a manufactured home installer applicant's knowledge
of manufactured housing installation and other aspects of
installation the commission determines appropriate;
(2) Select, provide, or procure appropriate examination
questions and answers for the licensure examination and establish
the criteria for successful completion of the examination;
(3) Prepare and distribute any application form this chapter
requires;
(4) Receive applications for licenses and renewal of licenses
and issue licenses to qualified applicants;
(5) Establish procedures for processing, approving, and
disapproving applications for licensure;
(6) Retain records of applications for licensure, including
all application materials submitted and a written record of the
action taken on each application;
(7) Review the design and plans for manufactured housing
installations, foundations, and support systems;
(8) Inspect a sample of homes at a percentage the commission
determines to evaluate the construction and installation of
manufactured housing installations, foundations, and support
systems to determine compliance with the standards the commission
adopts;
(9) Investigate complaints concerning violations of this
chapter or the rules adopted pursuant to it, or the conduct of any
manufactured housing installer, manufactured housing dealer,
manufactured housing broker, or manufactured housing salesperson;
(10) Determine appropriate disciplinary actions for
violations of this chapter;
(11) Conduct audits and inquiries of manufactured housing
installers, manufactured housing dealers, and manufactured housing
brokers as appropriate for the enforcement of this chapter. The
commission, or any person the commission employs for the purpose,
may review and audit the business records of any manufactured
housing installer, dealer, or broker during normal business hours.
(12) Approve an installation training course, which may be
offered by the Ohio manufactured homes association or other
entity;
(13) Perform any function or duty necessary to administer
this chapter and the rules adopted pursuant to it.
(C) Nothing in this section shall be construed to limit the
authority of a board of health to enforce section 3701.344 of the
Revised Code or Chapters 3703., 3718., and 3781. of the Revised
Code.
Sec. 4781.07. (A) Pursuant to rules the manufactured homes
commission adopts, the commission may certify municipal, township,
and county building departments and the personnel of those
departments, licensors as defined in section 3733.01 of the
Revised Code and the personnel of those licensors, or any private
third party, to exercise the commission's enforcement authority,
accept and approve plans and specifications for foundations,
support systems and installations, and inspect manufactured
housing foundations, support systems, and manufactured housing
installations. Any certification is effective for three years.
(B) Following an investigation and finding of facts that
support its action, the commission may revoke or suspend
certification. The commission may initiate an investigation on its
own motion or the petition of a person affected by the enforcement
or approval of plans.
Sec. 4781.09. (A) The manufactured homes commission may deny,
suspend, revoke, or refuse to renew the license of any
manufactured home installer for any of the following reasons:
(1) Failure to satisfy the requirements of section 4781.08 or
4781.10 of the Revised Code;
(2) Violation of this chapter or any rule adopted pursuant to
it;
(3) Making a material misstatement in an application for a
license;
(4) Installing manufactured housing without a license or
without being under the supervision of a licensed manufactured
housing installer;
(5) Failure to appear for a hearing before the commission or
to comply with any final adjudication order of the commission
issued pursuant to this chapter;
(6) Conviction of a felony or a crime involving moral
turpitude;
(7) Having had a license revoked, suspended, or denied by the
commission during the preceding two years;
(8) Having had a license revoked, suspended, or denied by
another state or jurisdiction during the preceding two years;
(9) Engaging in conduct in another state or jurisdiction that
would violate this chapter if committed in this state.
(10) Failing to provide written notification of an
installation pursuant to division (D) of section 4781.11 of the
Revised Code to a county treasurer or county auditor.
(B)(1) Any person whose license or license application is
revoked, suspended, denied, or not renewed or upon whom a civil
penalty is imposed pursuant to division (C) of this section may
request an adjudication hearing on the matter within thirty days
after receipt of the notice of the action. The hearing shall be
held in accordance with Chapter 119. of the Revised Code.
(2) Any licensee or applicant may appeal an order made
pursuant to an adjudication hearing in the manner provided in
section 119.12 of the Revised Code.
(C) As an alternative to suspending, revoking, or refusing to
renew a manufactured housing installer's license, the commission
may impose a civil penalty of not less than one hundred dollars or
more than five hundred dollars per violation of this chapter or
any rule adopted pursuant to it. The commission shall deposit
penalties in the occupational licensing and regulatory fund
pursuant to section 4743.05 of the Revised Code.
(D) A person whose license is suspended, revoked, or not
renewed may apply for a new license two years after the date on
which the license was suspended, revoked, or not renewed.
Sec. 4781.121. (A) The manufactured homes commission,
pursuant to section 4781.04 of the Revised Code, may investigate
any person who allegedly has committed a violation. If, after an
investigation the commission determines that reasonable evidence
exists that a person has committed a violation, within seven days
after that determination, the commission shall send a written
notice to that person in the same manner as prescribed in section
119.07 of the Revised Code for licensees, except that the notice
shall specify that a hearing will be held and specify the date,
time, and place of the hearing.
(B) The commission shall hold a hearing regarding the alleged
violation in the same manner prescribed for an adjudication
hearing under section 119.09 of the Revised Code. If the
commission, after the hearing, determines that a violation has
occurred, the commission, upon an affirmative vote of five of its
members, may impose a fine not exceeding one thousand dollars per
violation per day. The commission's determination is an order that
the person may appeal in accordance with section 119.12 of the
Revised Code.
(C) If the person who allegedly committed a violation fails
to appear for a hearing, the commission may request the court of
common pleas of the county where the alleged violation occurred to
compel the person to appear before the commission for a hearing.
(D) If the commission assesses a person a civil penalty for a
violation and the person fails to pay that civil penalty within
the time period prescribed by the commission pursuant to section
131.02 of the Revised Code, the commission shall forward to the
attorney general the name of the person and the amount of the
civil penalty for the purpose of collecting that civil penalty. In
addition to the civil penalty assessed pursuant to this section,
the person also shall pay any fee assessed by the attorney general
for collection of the civil penalty.
(E) The authority provided to the commission pursuant to this
section, and any fine imposed under this section, shall be in
addition to, and not in lieu of, all penalties and other remedies
provided in this chapter. Any fines collected pursuant to this
section shall be used solely to administer and enforce this
chapter and rules adopted under it.
(F) As used in this section, "violation" means a violation of
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant
to section 4781.04, of the Revised Code.
Sec. 4781.14. (A) Except as provided in division (A)(3) of
section 3733.02 of the Revised Code, the state, through the The
manufactured homes commission, has exclusive authority to regulate
manufactured home installers, the installation of manufactured
housing, and manufactured housing foundations and support systems
in the this state. By enacting this chapter, it is the intent of
the general assembly to preempt municipal corporations and other
political subdivisions from regulating and licensing manufactured
housing installers and regulating and inspecting the installation
of manufactured housing and manufactured housing foundations and
support systems.
(B) Except as provided in division (A)(3) of section 3733.02
of the Revised Code, the The manufactured homes commission has
exclusive power to adopt rules of uniform application throughout
the state governing installation of manufactured housing, the
inspection of manufactured housing foundations and support
systems, the inspection of the installation of manufactured
housing, the training and licensing of manufactured housing
installers, and the investigation of complaints concerning
manufactured housing installers.
(C) Except as provided in division (A)(3) of section 3733.02
of the Revised Code, the The rules the commission adopts pursuant
to this chapter are the exclusive rules governing the installation
of manufactured housing, the design, construction, and approval of
foundations for manufactured housing, the licensure of
manufactured home installers, and the fees charged for licensure
of manufactured home installers. No political subdivision of the
state or any department or agency of the state may establish any
other standards governing the installation of manufactured
housing, manufactured housing foundations and support systems, the
licensure of manufactured housing installers, or fees charged for
the licensure of manufactured housing installers.
(D) Nothing in this section limits the authority of the
attorney general to enforce Chapter 1345. of the Revised Code or
to take any action permitted by the Revised Code against
manufactured housing installers, retailers, or manufacturers.
Sec. 4781.15. The remedies provided in sections 4781.01 to
4781.14 of the Revised Code this chapter are in addition to
remedies otherwise available for the same conduct under state or
local law.
Sec. 3733.02 4781.26. (A)(1) The public health council
manufactured homes commission, subject to Chapter 119. of the
Revised Code, shall adopt, and has the exclusive power to adopt,
rules of uniform application throughout the state governing the
review of plans, issuance of flood plain management permits, and
issuance of licenses for manufactured home parks; the location,
layout, density, construction, drainage, sanitation, safety, and
operation of those parks; and notices of flood events concerning,
and flood protection at, those parks. The rules pertaining to
flood plain management shall be consistent with and not less
stringent than the flood plain management criteria of the national
flood insurance program adopted under the "National Flood
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as
amended. The rules shall not apply to the construction, erection,
or manufacture of any building to which section 3781.06 of the
Revised Code is applicable.
(2)(B) The rules pertaining to manufactured home parks
constructed after June 30, 1971, shall specify that each home must
be placed on its lot to provide not less than fifteen feet between
the side of one home and the side of another home, ten feet
between the end of one home and the side of another home, and five
feet between the ends of two homes placed end to end.
(3)(C) The manufactured homes commission shall determine
compliance with the installation, blocking, tiedown, foundation,
and base support system standards for manufactured housing located
in manufactured home parks adopted by the commission pursuant to
section 4781.04 of the Revised Code. All inspections of the
installation, blocking, tiedown, foundation, and base support
systems of manufactured housing in a manufactured home park that
the department of health or a licensor commission conducts shall
be conducted by a person who has completed an installation
training course approved by the manufactured homes commission
certifies pursuant to division (B)(12) of section
4781.04 4781.07
of the Revised Code.
As used in division (A)(3) of this section, "manufactured
housing" has the same meaning as in section 4781.01 of the Revised
Code.
(B) The public health council, in accordance with Chapter
119. of the Revised Code, shall adopt rules of uniform application
throughout the state establishing requirements and procedures in
accordance with which the director of health may authorize
licensors for the purposes of sections 3733.022 and 3733.025 of
the Revised Code. The rules shall include at least provisions
under which a licensor may enter into contracts for the purpose of
fulfilling the licensor's responsibilities under either or both of
those sections.
Sec. 3733.03 4781.27. (A)(1) On or after the first day of
December, but before the first day of January of the next year,
every person who intends to operate a manufactured home park shall
procure a license to operate the park for the next year from the
licensor manufactured homes commission. If the applicable license
fee prescribed under section 3733.04 4781.28 of the Revised Code
is not received by the
licensor commission by the close of
business on the last day of December, the applicant for the
license shall pay a penalty equal to twenty-five per cent of the
applicable license fee. The penalty shall accompany the license
fee. If the last day of December is not a business day, the
penalty attaches upon the close of business on the next business
day.
(2) No manufactured home park shall be maintained or operated
in this state without a license.
(3) No person who has received a license, upon the sale or
disposition of the manufactured home park, may have the license
transferred to the new operator. A person shall obtain a separate
license to operate each manufactured home park.
(B) Before a license is initially issued and annually
thereafter, or more often if necessary, the licensor commission
shall cause each manufactured home park to be inspected relative
to for compliance with sections 3733.01 4781.26 to 3733.08 4781.35
of the Revised Code and the rules adopted under those sections. A
record shall be made of each inspection on a form prescribed by
the director of health commission.
(C) Each person applying for an initial license to operate a
manufactured home park shall provide acceptable proof to the
director commission that adequate fire protection will be
provided and that applicable fire codes will be adhered to in the
construction and operation of the park.
Sec. 3733.04 4781.28. The licensor of a manufactured home
park
manufactured homes commission may charge a fee for an annual
license to operate such a manufactured home park. The fee for a
license shall be determined in accordance with section
3709.09
4781.26 of the Revised Code and shall include the cost of
licensing and all inspections.
The fee also shall include any additional amount determined
by rule of the public health council, which shall be collected and
transmitted by the board of health to the director of health
pursuant to section 3709.092 of the Revised Code and used only for
the purpose of administering and enforcing sections 3733.01 to
3733.08 of the Revised Code and the rules adopted under those
sections. The portion of any fee retained by the board of health
Any fees collected shall be paid into a special fund transmitted
to the treasurer of state and shall be credited to the
occupational licensing and regulatory fund created in section
4743.05 of the Revised Code and used only for the purpose of
administering and enforcing sections 3733.01 4781.26 to 3733.08
4781.35 of the Revised Code and the rules adopted thereunder.
Sec. 3733.05 4781.29. The licensor of the health district in
which a manufactured home park is or is to be located, in
accordance with Chapter 119. of the Revised Code, manufactured
homes commission may refuse to grant, may suspend, or may revoke
any license granted to any person for failure to comply with
sections 3733.01 4781.26 to 3733.08
4781.35 of the Revised Code or
with any rule adopted by the public health council under section
3733.02 4781.26 of the Revised Code.
Sec. 3733.06 4781.30. (A) Upon a license being issued under
sections
3733.03 4781.27 to 3733.05
4781.29 of the Revised Code,
any operator shall have the right to rent or use each lot for the
parking or placement of a manufactured home or mobile home to be
used for human habitation without interruption for any period
coextensive with any license or consecutive licenses issued under
sections 3733.03 4781.27 to 3733.05 4781.29 of the Revised Code.
(B) No operator of a manufactured home park shall sell
individual lots in a park for eight years following the issuance
of the initial license for the park unless, at the time of sale,
the park fulfills all platting and subdivision requirements
established by the political subdivision in which the park is
located, or the political subdivision has entered into an
agreement with the operator regarding platting and subdivision
requirements and the operator has fulfilled the terms of that
agreement.
Sec. 3733.021 4781.31. (A) No person shall cause development
to occur within any portion of a manufactured home park until the
plans for the development have been submitted to and reviewed and
approved by the director of health manufactured homes commission.
This division does not require that plans be submitted to the
director commission for approval for the replacement of
manufactured or mobile homes on previously approved lots in a
manufactured home park when no development is to occur in
connection with the replacement. Within thirty days after receipt
of the plans, all supporting documents and materials required to
complete the review, and the applicable plan review fee
established under division (D) of this section, the director
commission shall approve or disapprove the plans.
(B) Any person aggrieved by the director's commission's
disapproval of a set of plans under division (A) of this section
may request a hearing on the matter within thirty days after
receipt of the
director's commission's notice of the disapproval.
The hearing shall be held in accordance with Chapter 119. of the
Revised Code. Thereafter, the disapproval may be appealed in the
manner provided in section 119.12 of the Revised Code.
(C) The director commission shall establish a system by which
development occurring within a manufactured home park is inspected
or verified in accordance with rules adopted under
division (A) of
section 3733.02 4781.26 of the Revised Code to ensure that the
development complies with the plans approved under division (A) of
this section.
(D) The public health council commission shall establish fees
for reviewing plans under division (A) of this section and
conducting inspections under division (C) of this section.
(E) The director commission shall charge the appropriate fees
established under division (D) of this section for reviewing plans
under division (A) of this section and conducting inspections
under division (C) of this section. All such plan review and
inspection fees received by the director commission shall be
transmitted to the treasurer of state and shall be credited to the
general operations occupational licensing and regulatory fund
created in section 3701.83 4743.05 of the Revised Code. Moneys so
credited to the fund shall be used only for the purpose of
administering and enforcing sections 3733.01
4781.26 to 3733.08
4781.35 of the Revised Code and rules adopted under those
sections.
(F) Plan approvals issued under this section do not
constitute an exemption from the land use and building
requirements of the political subdivision in which the
manufactured home park is or is to be located.
Sec. 3733.022 4781.32. (A) No person shall cause development
to occur or cause the replacement of a mobile or manufactured home
within any portion of a manufactured home park that is located
within a one-hundred-year flood plain unless the person first
obtains a permit from the director of health or a licensor
authorized by the director manufactured homes commission. If the
development for which a permit is required under this division is
to occur on a lot where a mobile or manufactured home is or is to
be located, the owner of the home and the operator of the
manufactured home park shall jointly obtain the permit. Each of
the persons to whom a permit is jointly issued is responsible for
compliance with the provisions of the approved permit that are
applicable to that person.
The director or a licensor authorized by the director
commission shall disapprove an application for a permit required
under this division unless the director or the licensor commission
finds that the proposed development or replacement of a mobile or
manufactured home complies with the rules adopted under division
(A) of section
3733.02 4781.26 of the Revised Code. No permit is
required under this division for the construction, erection, or
manufacture of any building to which section 3781.06 of the
Revised Code applies.
The director or a licensor authorized by the director
commission may suspend or revoke a permit issued under this
division for failure to comply with the rules adopted under
division (A) of section
3733.02 4781.26 of the Revised Code
pertaining to flood plain management or for failure to comply with
the approved permit.
Any person aggrieved by the disapproval, suspension, or
revocation of a permit under this division by the director or by a
licensor authorized by the director commission may request a
hearing on the matter within thirty days after receipt of the
notice of the disapproval, suspension, or revocation. The hearing
shall be held in accordance with Chapter 119. of the Revised Code.
Thereafter, an appeal of the disapproval, suspension, or
revocation may be taken in the manner provided in section 119.12
of the Revised Code.
(B) The public health council commission shall establish fees
for the issuance of permits under division (A) of this section and
for necessary inspections conducted to determine compliance with
those permits.
(C) The director or a licensor authorized by the director
commission shall charge the appropriate fee established under
division (B) of this section for the issuance of a permit under
division (A) of this section or for conducting any necessary
inspection to determine compliance with the permit. If the
director commission issues such a permit or conducts such an
inspection, the fee for the permit or inspection shall be
transmitted to the treasurer of state and shall be credited to the
general operations occupational licensing and regulatory fund
created in section 3701.83 4743.05 of the Revised Code. Moneys so
credited to the fund shall be used
by the director only for the
purpose of administering and enforcing sections 3733.01 4781.26 to
3733.08 4781.35 of the Revised Code and rules adopted under those
sections. If the licensor is a board of health, the permit or
inspection fee shall be deposited to the credit of the special
fund of the health district created in section 3733.04 of the
Revised Code and shall be used only for the purpose set forth in
that section.
Sec. 3733.024 4781.33. (A) When a flood event affects a
manufactured home park, the operator of the manufactured home
park, in accordance with rules adopted under division (A) of
section 3733.02 4781.26 of the Revised Code, shall notify the
licensor having jurisdiction of the occurrence of manufactured
homes commission and the board of health having jurisdiction where
the flood event occurred within forty-eight hours after the end of
the flood event. The commission, after receiving notification,
shall immediately notify the board of health.
No person shall fail to comply with this division.
(B) The licensor having jurisdiction where a flood event
occurred that affected a manufactured home park shall notify the
director of health of the occurrence of the flood event within
twenty-four hours after being notified of the flood event under
division (A) of this section. Within forty-eight hours after After
being notified of such a flood event by a licensor, the director
board of health shall cause an inspection to be made of the
manufactured home park named in the notice.
Sec. 3733.025 4781.34. (A) If a mobile or manufactured home
that is located in a flood plain is substantially damaged, the
owner of the home shall make all alterations, repairs, or changes
to the home, and the operator of the manufactured home park shall
make all alterations, repairs, or changes to the lot on which the
home is located, that are necessary to ensure compliance with the
flood plain management rules adopted under division (A) of section
3733.02 4781.26 of the Revised Code. Such alterations, repairs, or
changes may include, without limitation, removal of the home or
other structures.
No person shall fail to comply with this division.
(B) No person shall cause to be performed any alteration,
repair, or change required by division (A) of this section unless
the person first obtains a permit from the director of health or a
licensor authorized by the director manufactured homes commission.
The owner of the home and the operator of the manufactured home
park shall jointly obtain the permit required by this division.
Each of the persons to whom a permit is jointly issued is
responsible for compliance with the provisions of the approved
permit that are applicable to that person.
The director or a licensor authorized by the director
commission shall disapprove an application for a permit required
under this division unless the director or the licensor commission
finds that the proposed alteration, repair, or change complies
with the rules adopted under division (A) of section 3733.02
4781.26 of the Revised Code. No permit is required under this
division for the construction, erection, or manufacture of any
building to which section 3781.06 of the Revised Code applies.
The director or a licensor authorized by the director
commission may suspend or revoke a permit issued under this
division for failure to comply with the rules adopted under
division (A) of section
3733.02 4781.26 of the Revised Code
pertaining to flood plain management or for failure to comply with
the approved permit for making alterations, repairs, or changes to
the lot on which the manufactured home is located.
Any person aggrieved by the disapproval, suspension, or
revocation of a permit under this division by the director or by a
licensor authorized by the director commission may request a
hearing on the matter within thirty days after receipt of the
notice of the disapproval, suspension, or revocation. The hearing
shall be held in accordance with Chapter 119. of the Revised Code.
Thereafter, an appeal of the disapproval, suspension, or
revocation may be taken in the manner provided in section 119.12
of the Revised Code and for necessary inspections conducted to
determine compliance with those permits.
(C) The public health council commission shall establish fees
for the issuance of permits under division (B) of this section and
for necessary inspections conducted to determine compliance with
those permits for making alterations, repairs, or changes to the
lot on which the manufactured home is located.
(D) The director or a licensor authorized by the director
commission shall charge the appropriate fee established under
division (C) of this section for the issuance of a permit under
division (B) of this section or for conducting any necessary
inspection to determine compliance with the permit. If the
director commission issues such a permit or conducts such an
inspection, the fee for the permit or inspection shall be
transmitted to the treasurer of state and shall be credited to the
general operations occupational licensing and regulatory fund
created in section 3701.83 4743.05 of the Revised Code. Moneys so
credited to the fund shall be used by the director only for the
purpose of administering and enforcing sections 3733.01 4781.26 to
3733.08 4781.35 of the Revised Code and rules adopted under those
sections. If the licensor is a board of health, the permit or
inspection fee shall be deposited to the credit of the special
fund of the health district created in section 3733.04 of the
Revised Code and shall be used only for the purpose set forth in
that section.
Sec. 3733.08 4781.35. (A) No person shall violate sections
3733.01 4781.26 to 3733.08 4781.35 of the Revised Code or the
rules adopted thereunder.
(B) The prosecuting attorney of the county, the city director
of law, or the attorney general, upon complaint of the licensor or
the director of health manufactured homes commission, shall
prosecute to termination or bring an action for injunction against
any person violating sections 3733.01 4781.26 to 3733.08 4781.35
of the Revised Code or the rules adopted thereunder.
Sec. 3733.09 4781.36. (A) Subject to section 3733.091
4781.37 of the Revised Code, a park operator shall not retaliate
against a resident by increasing the resident's rent, decreasing
services that are due to the resident, refusing to renew or
threatening to refuse to renew the rental agreement with the
resident, or bringing or threatening to bring an action for
possession of the resident's premises because:
(1) The resident has complained to an appropriate
governmental agency of a violation of a building, housing, health,
or safety code that is applicable to the premises, and the
violation materially affects health and safety;
(2) The resident has complained to the park operator of any
violation of section 3733.10 4781.38 of the Revised Code;
(3) The resident joined with other residents for the purpose
of negotiating or dealing collectively with the park operator on
any of the terms and conditions of a rental agreement.
(B) If a park operator acts in violation of division (A) of
this section, the resident may:
(1) Use the retaliatory action of the park operator as a
defense to an action by the park operator to recover possession of
the premises;
(2) Recover possession of the premises;
(3) Terminate the rental agreement.
In addition, the resident may recover from the park operator
any actual damages together with reasonable attorneys fees.
(C) Nothing in division (A) of this section prohibits a park
operator from increasing the rent to reflect the cost of
improvements installed by the park operator in or about the
premises or to reflect an increase in other costs of operation of
the premises.
Sec. 3733.091 4781.37. (A) Notwithstanding section 3733.09
4781.36 of the Revised Code, a park operator may bring an action
under Chapter 1923. of the Revised Code for possession of the
premises if any of the following applies:
(1) The resident is in default in the payment of rent.
(2) The violation of the applicable building, housing,
health, or safety code that the resident complained of was
primarily caused by any act or lack of reasonable care by the
resident, by any other person in the resident's household, or by
anyone on the premises with the consent of the resident.
(3) The resident is holding over the resident's term.
(4) The resident is in violation of rules of the public
health council manufactured homes commission adopted pursuant to
section 3733.02 4781.26 of the Revised Code or rules of the
manufactured home park adopted pursuant to the rules of the public
health council manufactured homes commission.
(5) The resident has been absent from the manufactured home
park for a period of thirty consecutive days prior to the
commencement of the action, and the resident's manufactured home,
mobile home, or recreational vehicle parked in the manufactured
home park has been left unoccupied for that thirty-day period,
without notice to the park operator and without payment of rent
due under the rental agreement.
(B) The maintenance of an action by the park operator under
this section does not prevent the resident from recovering damages
for any violation by the park operator of the rental agreement or
of section 3733.10 4781.38 of the Revised Code.
Sec. 3733.10 4781.38. (A) A park operator who is a party to
a rental agreement shall:
(1) Comply with the requirements of all applicable building,
housing, health, and safety codes which materially affect health
and safety, and comply with rules of the public health council
manufactured homes commission;
(2) Make all repairs and do whatever is reasonably necessary
to put and keep the premises in a fit and habitable condition;
(3) Keep all common areas of the premises in a safe and
sanitary condition;
(4) Maintain in good and safe working order and condition all
electrical and plumbing fixtures and appliances, and septic
systems, sanitary and storm sewers, refuse receptacles, and well
and water systems that are supplied or required to be supplied by
him the park operator;
(5) Not abuse the right of access conferred by division (B)
of section 3733.101 4781.39 of the Revised Code;
(6) Except in the case of emergency or if it is impracticable
to do so, give the resident reasonable notice of
his the park
operator's intent to enter onto the residential premises and enter
only at reasonable times. Twenty-four hours' notice shall be
presumed to be a reasonable notice in the absence of evidence to
the contrary.
(B) If the park operator violates any provision of this
section, makes a lawful entry onto the residential premises in an
unreasonable manner, or makes repeated demands for entry otherwise
lawful which demands have the effect of harassing the resident,
the resident may recover actual damages resulting from the
violation, entry, or demands and injunctive relief to prevent the
recurrence of the conduct, and if he the resident obtains a
judgment, reasonable attorneys' fees, or terminate the rental
agreement.
Sec. 3733.101 4781.39. (A) A resident who is a party to a
rental agreement shall:
(1) Keep that part of the premises that the resident occupies
and uses safe and sanitary;
(2) Dispose of all rubbish, garbage, and other waste in a
clean, safe, and sanitary manner;
(3) Comply with the requirements imposed on residents by all
applicable state and local housing, health, and safety codes,
rules of the public health council manufactured homes commission,
and rules of the manufactured home park;
(4) Personally refrain, and forbid any other person who is on
the premises with the resident's permission, from intentionally or
negligently destroying, defacing, damaging, or removing any
fixture, appliance, or other part of the residential premises;
(5) Conduct self and require other persons on the premises
with the resident's consent to conduct themselves in a manner that
will not disturb the resident's neighbors' peaceful enjoyment of
the manufactured home park.
(B) The resident shall not unreasonably withhold consent for
the park operator to enter the home to inspect utility
connections, or enter onto the premises in order to inspect the
premises, make ordinary, necessary, or agreed repairs,
decorations, alterations, or improvements, deliver parcels which
are too large for the resident's mail facilities, or supply
necessary or agreed services.
(C) If the resident violates any provision of this section,
the park operator may recover any actual damages which result from
the violation and reasonable attorneys' fees. This remedy is in
addition to any right of the park operator to terminate the rental
agreement, to maintain an action for the possession of the
premises, or injunctive relief to compel access under division (B)
of this section.
Sec. 3733.11 4781.40. (A)(1) The A manufactured home park
operator shall offer each home owner a written rental agreement
for a manufactured home park lot for a term of one year or more
that contains terms essentially the same as any alternative
month-to-month rental agreement offered to current and prospective
tenants and owners. The park operator shall offer the minimum
one-year rental agreement to the owner prior to installation of
the home in the manufactured home park or, if the home is in the
manufactured home park, prior to the expiration of the owner's
existing rental agreement.
(2) The park operator shall deliver the offer to the owner by
certified mail, return receipt requested, or in person. If the
park operator delivers the offer to the owner in person, the owner
shall complete a return showing receipt of the offer. If the owner
does not accept the offer, the park operator is discharged from
any obligation to make any further such offers. If the owner
accepts the offer, the park operator shall, at the expiration of
each successive rental agreement, offer the owner another rental
agreement, for a term that is mutually agreed upon, and that
contains terms essentially the same as the alternative
month-to-month agreement. The park operator shall deliver
subsequent rental offers by ordinary mail or personal delivery. If
the park operator sells the manufactured home park to another
manufactured home park operator, the purchaser is bound by the
rental agreements entered into by the purchaser's predecessor.
(3) If the park operator sells the manufactured home park for
a use other than as a manufactured home park, the park operator
shall give each tenant and owner a written notification by
certified mail, return receipt requested, or by handing it to the
tenant or owner in person. If the park operator delivers the
notification in person, the recipient shall complete a return
showing receipt of the notification. This notification shall
contain notice of the sale of the manufactured home park, and
notice of the date by which the tenant or owner shall vacate. The
date by which the tenant shall vacate shall be at least one
hundred twenty days after receipt of the written notification, and
the date by which the owner shall vacate shall be at least one
hundred eighty days after receipt of the written notification.
(B) A park operator shall fully disclose in writing all fees,
charges, assessments, including rental fees, and rules prior to a
tenant or owner executing a rental agreement and assuming
occupancy in the manufactured home park. No fees, charges,
assessments, or rental fees so disclosed may be increased nor
rules changed by a park operator without specifying the date of
implementation of the changed fees, charges, assessments, rental
fees, or rules, which date shall be not less than thirty days
after written notice of the change and its effective date to all
tenants or owners in the manufactured home park, and no fee,
charge, assessment, or rental fee shall be increased during the
term of any tenant's or owner's rental agreement. Failure on the
part of the park operator to fully disclose all fees, charges, or
assessments shall prevent the park operator from collecting the
undisclosed fees, charges, or assessments. If a tenant or owner
refuses to pay any undisclosed fees, charges, or assessments, the
refusal shall not be used by the park operator as a cause for
eviction in any court.
(C) A park operator shall promulgate rules governing the
rental or occupancy of a lot in the manufactured home park. The
rules shall not be unreasonable, arbitrary, or capricious. A copy
of the rules and any amendments to them shall be delivered by the
park operator to the tenant or owner prior to signing the rental
agreement. A copy of the rules and any amendments to them shall be
posted in a conspicuous place upon the manufactured home park
grounds.
(D) No park operator shall require an owner to purchase from
the park operator any personal property. The park operator may
determine by rule the style or quality of skirting, equipment for
tying down homes, manufactured or mobile home accessories, or
other equipment to be purchased by an owner from a vendor of the
owner's choosing, provided that the equipment is readily available
to the owner. Any such equipment shall be installed in accordance
with the manufactured home park rules.
(E) No park operator shall charge any owner who chooses to
install an electric or gas appliance in a home an additional fee
solely on the basis of the installation, unless the installation
is performed by the park operator at the request of the owner, nor
shall the park operator restrict the installation, service, or
maintenance of the appliance, restrict the ingress or egress of
repairpersons to the manufactured home park for the purpose of
installation, service, or maintenance of the appliance, nor
restrict the making of any interior improvement in a home, if the
installation or improvement is in compliance with applicable
building codes and other provisions of law and if adequate utility
services are available for the installation or improvement.
(F) No park operator shall require a tenant to lease or an
owner to purchase a manufactured or mobile home from the park
operator or any specific person as a condition of or prerequisite
to entering into a rental agreement.
(G) No park operator shall require an owner to use the
services of the park operator or any other specific person for
installation of the manufactured or mobile home on the residential
premises or for the performance of any service.
(H) No park operator shall:
(1) Deny any owner the right to sell the owner's manufactured
home within the manufactured home park if the owner gives the park
operator ten days' notice of the intention to sell the home;
(2) Require the owner to remove the home from the
manufactured home park solely on the basis of the sale of the
home;
(3) Unreasonably refuse to enter into a rental agreement with
a purchaser of a home located within the operator's manufactured
home park;
(4) Charge any tenant or owner any fee, charge, or
assessment, including a rental fee, that is not set forth in the
rental agreement or, if the rental agreement is oral, is not set
forth in a written disclosure given to the tenant or owner prior
to the tenant or owner entering into a rental agreement;
(5) Charge any owner any fee, charge, or assessment because
of the transfer of ownership of a home or because a home is moved
out of or into the manufactured home park, except a charge for the
actual costs and expenses that are incurred by the park operator
in moving the home out of or into the manufactured home park, or
in installing the home in the manufactured home park and that have
not been reimbursed by another tenant or owner.
(I) If the park operator violates any provision of divisions
(A) to (H) of this section, the tenant or owner may recover actual
damages resulting from the violation, and, if the tenant or owner
obtains a judgment, reasonable attorneys' fees, or terminate the
rental agreement.
(J) No rental agreement shall require a tenant or owner to
sell, lease, or sublet the tenant's or owner's interest in the
rental agreement or the manufactured or mobile home that is or
will be located on the lot that is the subject of the rental
agreement to any specific person or through any specific person as
the person's agent.
(K) No park operator shall enter into a rental agreement with
the owner of a manufactured or mobile home for the use of
residential premises, if the rental agreement requires the owner
of the home, as a condition to the owner's renting, occupying, or
remaining on the residential premises, to pay the park operator or
any other person specified in the rental agreement a fee or any
sum of money based on the sale of the home, unless the owner of
the home uses the park operator or other person as the owner's
agent in the sale of the home.
(L) A park operator and a tenant or owner may include in a
rental agreement any terms and conditions, including any term
relating to rent, the duration of an agreement, and any other
provisions governing the rights and obligations of the parties
that are not inconsistent with or prohibited by sections 3733.09
to 3733.20 of the Revised Code or any other rule of law.
(M) Notwithstanding any other provision of the Revised Code,
the owner of a manufactured or mobile home that was previously
titled by a dealer may utilize the services of a manufactured home
housing dealer or broker licensed under Chapter 4517. of the
Revised Code this chapter or a person properly licensed under
Chapter 4735. of the Revised Code this chapter to sell or lease
the home.
Sec. 3733.12 4781.41. (A) If a park operator fails to
fulfill any obligation imposed upon him the park operator by
section 3733.10 4781.38 of the Revised Code or by the rental
agreement, or the conditions of the premises are such that the
resident reasonably believes that a park operator has failed to
fulfill any such obligations, or a governmental agency has found
that the premises are not in compliance with building, housing,
health, or safety codes which apply to any condition of the
residential premises that could materially affect the health and
safety of an occupant, the resident may give notice in writing to
the park operator specifying the acts, omissions, or code
violations that constitute noncompliance with such provisions. The
notice shall be sent to the person or place where rent is normally
paid.
(B) If a park operator receives the notice described in
division (A) of this section and after receipt of the notice fails
to remedy the condition within a reasonable time, considering the
severity of the condition and the time necessary to remedy such
condition, or within thirty days, whichever is sooner, and if the
resident is current in rent payments due under the rental
agreement, the resident may do one of the following:
(1) Deposit all rent that is due and thereafter becomes due
the park operator with the clerk of court of the municipal or
county court having jurisdiction in the territory in which the
residential premises are located;
(2) Apply to the court for an order directing the park
operator to remedy the condition. As part thereof, the resident
may deposit rent pursuant to division (B)(1) of this section, and
may apply for an order reducing the periodic rent due the park
operator until such time as the park operator does remedy the
condition, and may apply for an order to use the rent deposited to
remedy the condition. In any order issued pursuant to this
division, the court may require the resident to deposit rent with
the clerk of court as provided in division (B)(1) of this section.
Sec. 3733.121 4781.42. (A) Whenever a resident deposits rent
with the clerk of a court as provided in section 3733.12 4781.41
of the Revised Code, the clerk shall give written notice of this
fact to the park operator and to his the park operator's agent, if
any.
(B) The clerk shall place all rent deposited with him the
clerk in a separate rent escrow account in the name of the clerk
in a bank or building and loan association domiciled in this
state.
(C) The clerk shall keep in a separate docket an account of
each deposit, with the name and address of the resident, and the
name and address of the park operator and of his the park
operator's agent, if any.
(D) For his the clerk's costs, the clerk may charge a fee of
one per cent of the amount of the rent deposited, which shall be
assessed as court costs.
(E) All interest that has accrued on the rent deposited by
the clerk of a county court under division (B) of this section
shall be paid into the treasury of the political subdivision for
which the clerk performs his the clerk's duties. All interest that
has accrued on the rent deposited by the clerk of a municipal
court under division (B) of this section shall be paid into the
city treasury as defined in division (B) of section 1901.03 of the
Revised Code.
Sec. 3733.122 4781.43. (A) A park operator who receives
notice that rent due him the park operator has been deposited with
a clerk of court pursuant to section 3733.12 4781.41 of the
Revised Code, may:
(1) Apply to the clerk of court for release of the rent on
the ground that the condition contained in the notice given
pursuant to division (A) of section 3733.12 4781.41 of the Revised
Code has been remedied. The clerk shall forthwith release the
rent, less costs, to the park operator if the resident gives
written notice to the clerk that the condition has been remedied.
(2) Apply to the court for release of the rent on the grounds
that the resident did not comply with the notice requirement of
division (A) of section 3733.12 4781.41 of the Revised Code, or
that the resident was not current in rent payments due under the
rental agreement at the time the resident initiated rent deposits
with the clerk of courts under division (B)(1) of section 3733.12
4781.41 of the Revised Code;
(3) Apply to the court for release of the rent on the grounds
that there was no violation of any obligation imposed upon the
park operator by section 3733.10 4781.38 of the Revised Code or by
the rental agreement, or by any building, housing, health, or
safety code, or that the condition contained in the notice given
pursuant to division (A) of section 3733.12 4781.41 of the Revised
Code has been remedied.
(B) The resident shall be named as a party to any action
filed by the park operator under this section, and shall have the
right to file an answer and counterclaim, as in other civil cases.
A trial shall be held within sixty days of the date of filing of
the park operator's complaint, unless for good cause shown the
court grants a continuance.
(C) If the court finds that there was no violation of any
obligation imposed upon the park operator by section 3733.10
4781.38 of the Revised Code or by the rental agreement, or by any
building, housing, health, or safety code, or that the condition
contained in the notice given pursuant to division (A) of section
3733.12 4781.41 of the Revised Code has been remedied, or that the
resident did not comply with the notice requirement of division
(A) of section
3733.12 4781.41 of the Revised Code, or that the
resident was not current in rent payments at the time the resident
initiated rent deposits with the clerk of court under division
(B)(1) of section 3733.12 4781.41 of the Revised Code, the court
shall order the release to the park operator of rent on deposit
with the clerk, less costs.
(D) If the court finds that the condition contained in the
notice given pursuant to division (A) of section 3733.12 4781.41
of the Revised Code was the result of an act or omission of the
resident, or that the resident intentionally acted in bad faith in
proceeding under section 3733.12 4781.41 of the Revised Code, the
resident shall be liable for damages caused to the park operator,
and for costs, together with reasonable attorneys' fees if the
resident intentionally acted in bad faith.
Sec. 3733.123 4781.44. (A) If a park operator brings an
action for the release of rent deposited with a clerk of court,
the court may, during the pendency of the action, upon application
of the park operator, release part of the rent on deposit for
payment of the periodic interest on a mortgage on the premises,
the periodic principal payments on a mortgage on the premises, the
insurance premiums for the premises, real estate taxes on the
premises, utility services, repairs, and other customary and usual
costs of operating the premises.
(B) In determining whether to release rent for the payments
described in division (A) of this section, the court shall
consider the amount of rent the park operator receives from other
lots, the cost of operating these lots, and the costs which may be
required to remedy the condition contained in the notice given
pursuant to division (A) of section 3733.12 4781.41 of the Revised
Code.
Sec. 3733.13 4781.45. If a resident commits a material
violation of the rules of the manufactured home park, of the
public health council manufactured homes commission, or of
applicable state and local health and safety codes, the park
operator may deliver a written notification of the violation to
the resident. The notification shall contain all of the following:
(A) A description of the violation;
(B) A statement that the rental agreement will terminate upon
a date specified in the written notice not less than thirty days
after receipt of the notice unless the resident remedies the
violation;
(C) A statement that the violation was material and that if a
second material violation of any park or public health council
commission rule, or any health and safety code, occurs within six
months after the date of this notice, the rental agreement will
terminate immediately;
(D) A statement that a defense available to termination of
the rental agreement for two material violations of park or
public
health council commission rules, or of health and safety codes, is
that the park rule is unreasonable, or that the park or public
health council rule commission, or health or safety code, is not
being enforced against other manufactured home park residents, or
that the two violations were not willful and not committed in bad
faith.
If the resident remedies the condition described in the
notice, whether by repair, the payment of damages, or otherwise,
the rental agreement shall not terminate. The park operator may
terminate the rental agreement immediately if the resident commits
a second material violation of the park or public health council
commission rules, or of applicable state and local health and
safety codes, subject to the defense that the park rule is
unreasonable, that the park or public health council commission
rule, or health or safety code, is not being enforced against
other manufactured home park residents, or that the two violations
were not willful and not committed in bad faith.
Sec. 3733.14 4781.46. In any action under sections 3733.09
4781.36 to 3733.20 4781.52 of the Revised Code, any party may
recover damages for the breach of contract or the breach of any
duty that is imposed by law.
Sec. 3733.15 4781.47. (A) No provision of sections 3733.09
4781.36 to
3733.20 4781.52 of the Revised Code may be modified or
waived by any oral or written agreement except as provided in
division (F) of this section.
(B) No warrant of attorney to confess judgment shall be
recognized in any rental agreement or in any other agreement
between a park operator and resident for the recovery of rent or
damages to the residential premises.
(C) No agreement to pay the park operator's or resident's
attorney fees shall be recognized in any rental agreement for
residential premises or in any other agreement between a park
operator and resident.
(D) No agreement by a resident to the exculpation or
limitation of any liability of the park operator arising under law
or to indemnify the park operator for that liability or its
related costs shall be recognized in any rental agreement or in
any other agreement between a park operator and resident.
(E) A rental agreement, or the assignment, conveyance, trust
deed, or security instrument of the park operator's interest in
the rental agreement may not permit the receipt of rent free of
the obligation to comply with section 3733.10 4781.38 of the
Revised Code.
(F) The park operator may agree to assume responsibility for
fulfilling any duty or obligation imposed on a resident by section
3733.101 4781.39 of the Revised Code.
Sec. 3733.16 4781.48. (A) If the court as a matter of law
finds a rental agreement, or any clause of it, to have been
unconscionable at the time it was made, it may refuse to enforce
the rental agreement or it may enforce the remainder of the rental
agreement without the unconscionable clause, or it may so limit
the application of any unconscionable clause as to avoid any
unconscionable result.
(B) When it is claimed or appears to the court that the
rental agreement, or any clause of it, may be unconscionable, the
parties shall be afforded a reasonable opportunity to present
evidence as to its setting, purpose, and effect to aid the court
in making the determination.
Sec. 3733.17 4781.49. (A) No park operator of residential
premises shall initiate any act, including termination of
utilities or services, exclusion from the premises, or threat of
any unlawful act, against a resident, or a resident whose right to
possession has terminated, for the purpose of recovering
possession of residential premises, other than as provided in
Chapters 1923., 3733. 4781., and 5303. of the Revised Code.
(B) No park operator of residential premises shall seize the
furnishings or possessions of a resident, or of a resident whose
right to possession was terminated, for the purpose of recovering
rent payments, other than in accordance with an order issued by a
court of competent jurisdiction.
(C) A park operator who violates this section is liable in a
civil action for all damages caused to a resident, or to a
resident whose right to possession has terminated, together with
reasonable attorneys' fees.
Sec. 3733.18 4781.50. (A) Any security deposit in excess of
fifty dollars or one month's periodic rent, whichever is greater,
shall bear interest on the excess at the rate of five per cent per
annum if the resident remains in possession of the premises for
six months or more, and shall be computed and paid annually by the
park operator to the resident.
(B) Upon termination of the rental agreement any property or
money held by the park operator as a security deposit may be
applied to the payment of past due rent and to the payment of the
amount of damages that the park operator has suffered by reason of
the resident's noncompliance with section 3733.101 4781.39 of the
Revised Code or the rental agreement. Any deduction from the
security deposit shall be itemized and identified by the park
operator in a written notice delivered to the resident together
with the amount due, within thirty days after termination of the
rental agreement and delivery of possession. The resident shall
provide the park operator in writing with a forwarding address or
new address to which the written notice and amount due from the
park operator may be sent. If the resident fails to provide the
park operator with the forwarding or new address as required, the
resident shall not be entitled to damages or attorneys' fees under
division (C) of this section.
(C) If the park operator fails to comply with division (B) of
this section, the resident may recover the property and money due
him the resident, together with damages in an amount equal to the
amount wrongfully withheld, and reasonable attorneys' fees.
Sec. 3733.19 4781.51. (A) Every written rental agreement for
residential premises shall contain the name and address of the
owner of the residential premises and the name and address of the
owner's agent, if any. If the owner or the owner's agent is a
corporation, partnership, limited partnership, association, trust,
or other entity, the address shall be the principal place of
business in the county in which the residential premises are
situated or if there is no place of business in such county then
its principal place of business in this state, and shall include
the name of the person in charge thereof.
(B) If the rental agreement is oral, the park operator, at
the commencement of the term of occupancy, shall deliver to the
resident a written notice containing the information required in
division (A) of this section.
(C) If the park operator fails to provide the notice of the
name and address of the owner and owner's agent, if any, as
required under division (A) or (B) of this section, the notices to
the park operator required under division (A) of sections
3733.12
4781.41 and 3733.121 4781.42 of the Revised Code are waived by the
park operator and the operator's agent.
(D) Every written rental agreement for residential premises
shall contain the following notice in ten-point boldface type:
"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS 3733.09 4781.36 TO
3733.20 4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL
AGREEMENTS IN MANUFACTURED HOME PARKS."
If the rental agreement is oral, the park operator, at the
commencement of the term of occupancy, shall deliver the notice to
the resident in writing.
Sec. 3733.20 4781.52. No municipal corporation may adopt or
continue in existence any ordinance and no township may adopt or
continue in existence any resolution that is in conflict with
sections 3733.09 4781.36 to 3733.20 4781.52 of the Revised Code,
or that regulates those rights and obligations of parties to a
rental agreement that are regulated by sections 3733.09 4781.36 to
3733.20 4781.52 of the Revised Code. Sections 3733.09 4781.36 to
3733.20 4781.52 of the Revised Code do not preempt any housing,
building, health, or safety codes of any municipal corporation or
township.
Sec. 4781.99. (A) Whoever violates division (A) of section
4781.16 of the Revised Code is guilty of a minor misdemeanor on a
first offense and shall be subject to a mandatory fine of one
hundred dollars. On a second offense, the person is guilty of a
misdemeanor of the first degree and shall be subject to a
mandatory fine of one thousand dollars.
(B) Whoever violates section 4781.20 of the Revised Code is
guilty of a minor misdemeanor.
(C) Whoever violates any of the following is guilty of a
misdemeanor of the fourth degree:
(1) Division (B) or (C) of section 4781.16 of the Revised
Code;
(2) Section 4781.22 of the Revised Code;
(3) Section 4781.23 of the Revised Code;
(4) Division (A) of section 4781.24 of the Revised Code;
(5) Section 4781.25 of the Revised Code;
(6) Division (A) of section 4781.35 of the Revised Code.
Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the
Revised Code:
(A) "Contiguous property" includes, but is not limited to, a
manufactured home park as defined in section 3733.01 4781.01 of
the Revised Code; a public or publicly subsidized housing project;
an apartment complex; a condominium complex; a college or
university; an office complex; a shopping center; a hotel; an
industrial park; and a race track.
(B) "Gas" means natural gas, flammable gas, or gas which is
toxic or corrosive.
(C) "Gathering lines" and the "gathering of gas" have the
same meaning as in the Natural Gas Pipeline Safety Act and the
rules adopted by the United States department of transportation
pursuant to the Natural Gas Pipeline Safety Act, including 49
C.F.R. part 192, as amended.
(D) "Intrastate pipe-line transportation" has the same
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as
amended, but excludes the gathering of gas exempted by the Natural
Gas Pipeline Safety Act.
(E) "Master-meter system" means a pipe-line system that
distributes gas within a contiguous property for which the system
operator purchases gas for resale to consumers, including tenants.
Such pipe-line system supplies consumers who purchase the gas
directly through a meter, or by paying rent, or by other means.
The term includes a master-meter system as defined in 49 C.F.R.
191.3, as amended. The term excludes a pipeline within a
manufactured home, mobile home, or a building.
(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671
et seq., as amended.
(G) "Operator" means any of the following:
(1) A gas company or natural gas company as defined in
section 4905.03 of the Revised Code, except that division (A)(5)
of that section does not authorize the public utilities commission
to relieve any producer of gas, as a gas company or natural gas
company, of compliance with sections 4905.90 to 4905.96 of the
Revised Code or the pipe-line safety code created under section
4905.91 of the Revised Code;
(2) A pipe-line company, as defined in section 4905.03 of the
Revised Code, when engaged in the business of transporting gas by
pipeline;
(3) A public utility that is excepted from the definition of
"public utility" under division (B) or (C) of section 4905.02 of
the Revised Code, when engaged in supplying or transporting gas by
pipeline within this state;
(4) Any person that owns, operates, manages, controls, or
leases any of the following:
(a) Intrastate pipe-line transportation facilities within
this state;
(b) Gas gathering lines within this state which are not
exempted by the Natural Gas Pipeline Safety Act;
(c) A master-meter system within this state.
"Operator" does not include an ultimate consumer who owns a
service line, as defined in 49 C.F.R. 192.3, as amended, on the
real property of that ultimate consumer.
(H) "Operator of a master-meter system" means a person
described under division (F)(G)(4)(c) of this section. An operator
of a master-meter system is not a public utility under section
4905.02 or a gas or natural gas company under section 4905.03 of
the Revised Code.
(1) In addition to those defined in division (C) of section
1.59 of the Revised Code, a joint venture or a municipal
corporation;
(2) Any trustee, receiver, assignee, or personal
representative of persons defined in division (H)(I)(1) of this
section.
(J) "Safety audit" means the public utilities commission's
audit of the premises, pipe-line facilities, and the records,
maps, and other relevant documents of a master-meter system to
determine the operator's compliance with sections 4905.90 to
4905.96 of the Revised Code and the pipe-line safety code.
(K) "Safety inspection" means any inspection, survey, or
testing of a master-meter system which is authorized or required
by sections 4905.90 to 4905.96 of the Revised Code and the
pipe-line safety code. The term includes, but is not limited to,
leak surveys, inspection of regulators and critical valves, and
monitoring of cathodic protection systems, where applicable.
(L) "Safety-related condition" means any safety-related
condition defined in 49 C.F.R. 191.23, as amended.
(M) "Total Mcfs of gas it supplied or delivered" means the
sum of the following volumes of gas that an operator supplied or
delivered, measured in units per one thousand cubic feet:
(2) Commercial and industrial sales;
(3) Other sales to public authorities;
(4) Interdepartmental sales;
(6) Transportation of gas.
Sec. 4909.15. (A) The public utilities commission, when
fixing and determining just and reasonable rates, fares, tolls,
rentals, and charges, shall determine:
(1) The valuation as of the date certain of the property of
the public utility used and useful in rendering the public utility
service for which rates are to be fixed and determined. The
valuation so determined shall be the total value as set forth in
division (J) of section 4909.05 of the Revised Code, and a
reasonable allowance for materials and supplies and cash working
capital, as determined by the commission.
The commission, in its discretion, may include in the
valuation a reasonable allowance for construction work in progress
but, in no event, may such an allowance be made by the commission
until it has determined that the particular construction project
is at least seventy-five per cent complete.
In determining the percentage completion of a particular
construction project, the commission shall consider, among other
relevant criteria, the per cent of time elapsed in construction;
the per cent of construction funds, excluding allowance for funds
used during construction, expended, or obligated to such
construction funds budgeted where all such funds are adjusted to
reflect current purchasing power; and any physical inspection
performed by or on behalf of any party, including the commission's
staff.
A reasonable allowance for construction work in progress
shall not exceed ten per cent of the total valuation as stated in
this division, not including such allowance for construction work
in progress.
Where the commission permits an allowance for construction
work in progress, the dollar value of the project or portion
thereof included in the valuation as construction work in progress
shall not be included in the valuation as plant in service until
such time as the total revenue effect of the construction work in
progress allowance is offset by the total revenue effect of the
plant in service exclusion. Carrying charges calculated in a
manner similar to allowance for funds used during construction
shall accrue on that portion of the project in service but not
reflected in rates as plant in service, and such accrued carrying
charges shall be included in the valuation of the property at the
conclusion of the offset period for purposes of division (J) of
section 4909.05 of the Revised Code.
From and after April 10, 1985, no allowance for construction
work in progress as it relates to a particular construction
project shall be reflected in rates for a period exceeding
forty-eight consecutive months commencing on the date the initial
rates reflecting such allowance become effective, except as
otherwise provided in this division.
The applicable maximum period in rates for an allowance for
construction work in progress as it relates to a particular
construction project shall be tolled if, and to the extent, a
delay in the in-service date of the project is caused by the
action or inaction of any federal, state, county, or municipal
agency having jurisdiction, where such action or inaction relates
to a change in a rule, standard, or approval of such agency, and
where such action or inaction is not the result of the failure of
the utility to reasonably endeavor to comply with any rule,
standard, or approval prior to such change.
In the event that such period expires before the project goes
into service, the commission shall exclude, from the date of
expiration, the allowance for the project as construction work in
progress from rates, except that the commission may extend the
expiration date up to twelve months for good cause shown.
In the event that a utility has permanently canceled,
abandoned, or terminated construction of a project for which it
was previously permitted a construction work in progress
allowance, the commission immediately shall exclude the allowance
for the project from the valuation.
In the event that a construction work in progress project
previously included in the valuation is removed from the valuation
pursuant to this division, any revenues collected by the utility
from its customers after April 10, 1985, that resulted from such
prior inclusion shall be offset against future revenues over the
same period of time as the project was included in the valuation
as construction work in progress. The total revenue effect of such
offset shall not exceed the total revenues previously collected.
In no event shall the total revenue effect of any offset or
offsets provided under division (A)(1) of this section exceed the
total revenue effect of any construction work in progress
allowance.
(2) A fair and reasonable rate of return to the utility on
the valuation as determined in division (A)(1) of this section;
(3) The dollar annual return to which the utility is entitled
by applying the fair and reasonable rate of return as determined
under division (A)(2) of this section to the valuation of the
utility determined under division (A)(1) of this section;
(4) The cost to the utility of rendering the public utility
service for the test period less the total of any interest on cash
or credit refunds paid, pursuant to section 4909.42 of the Revised
Code, by the utility during the test period.
(a) Federal, state, and local taxes imposed on or measured by
net income may, in the discretion of the commission, be computed
by the normalization method of accounting, provided the utility
maintains accounting reserves that reflect differences between
taxes actually payable and taxes on a normalized basis, provided
that no determination as to the treatment in the rate-making
process of such taxes shall be made that will result in loss of
any tax depreciation or other tax benefit to which the utility
would otherwise be entitled, and further provided that such tax
benefit as redounds to the utility as a result of such a
computation may not be retained by the company, used to fund any
dividend or distribution, or utilized for any purpose other than
the defrayal of the operating expenses of the utility and the
defrayal of the expenses of the utility in connection with
construction work.
(b) The amount of any tax credits granted to an electric
light company under section 5727.391 of the Revised Code for Ohio
coal burned prior to January 1, 2000, shall not be retained by the
company, used to fund any dividend or distribution, or utilized
for any purposes other than the defrayal of the allowable
operating expenses of the company and the defrayal of the
allowable expenses of the company in connection with the
installation, acquisition, construction, or use of a compliance
facility. The amount of the tax credits granted to an electric
light company under that section for Ohio coal burned prior to
January 1, 2000, shall be returned to its customers within three
years after initially claiming the credit through an offset to the
company's rates or fuel component, as determined by the
commission, as set forth in schedules filed by the company under
section 4905.30 of the Revised Code. As used in division
(A)(4)(c)(b) of this section, "compliance facility" has the same
meaning as in section 5727.391 of the Revised Code.
(B) The commission shall compute the gross annual revenues to
which the utility is entitled by adding the dollar amount of
return under division (A)(3) of this section to the cost of
rendering the public utility service for the test period under
division (A)(4) of this section.
(C) The test period, unless otherwise ordered by the
commission, shall be the twelve-month period beginning six months
prior to the date the application is filed and ending six months
subsequent to that date. In no event shall the test period end
more than nine months subsequent to the date the application is
filed. The revenues and expenses of the utility shall be
determined during the test period. The date certain shall be not
later than the date of filing.
(D) When the (1) The commission shall fix and determine the
just and reasonable rate, fare, charge, toll, rental, or service
to be rendered, charged, demanded, exacted, or collected for the
performance or rendition of a service that will provide a public
utility the allowable gross annual revenues under division (B) of
this section, and order such just and reasonable rate, fare,
charge, toll, rental, or service to be substituted for the
existing one, when either of the following apply:
(a) The commission is of the opinion, after hearing and after
making the determinations under divisions (A) and (B) of this
section, that any of the following apply:
(i) Any rate, fare, charge, toll, rental, schedule,
classification, or service, or any joint rate, fare, charge, toll,
rental, schedule, classification, or service rendered, charged,
demanded, exacted, or proposed to be rendered, charged, demanded,
or exacted, is, or will be, unjust, unreasonable, unjustly
discriminatory, unjustly preferential, or in violation of law,
that the.
(ii) The service is, or will be, inadequate, or that the.
(iii) The maximum rates, charges, tolls, or rentals
chargeable by any such public utility are insufficient to yield
reasonable compensation for the service rendered, and are unjust
and unreasonable, the commission shall.
(b) A public utility's rate, fare, charge, toll, rental, or
schedule, or joint rate, fare, charge, toll, rental, or schedule,
charged, demanded, exacted, or proposed to be charged, demanded,
or exacted, was, or will be, determined in part based on the
utility's payments of assessments under section 4911.18 of the
Revised Code that were based on an appropriation to the office of
the consumers' counsel for fiscal year 2011 or a prior fiscal year
and that exceeded the minimum assessment under that section.
(2) The commission shall make the fixations and
determinations under division (D)(1)(a) of this section:
(1)(a) With due regard among other things to the value of all
property of the public utility actually used and useful for the
convenience of the public as determined under division (A)(1) of
this section, excluding from such value the value of any franchise
or right to own, operate, or enjoy the same in excess of the
amount, exclusive of any tax or annual charge, actually paid to
any political subdivision of the state or county, as the
consideration for the grant of such franchise or right, and
excluding any value added to such property by reason of a monopoly
or merger, with due regard in determining the dollar annual return
under division (A)(3) of this section to the necessity of making
reservation out of the income for surplus, depreciation, and
contingencies, and;
(2)(b) With due regard to all such other matters as are
proper, according to the facts in each case,
(a)(i) Including a fair and reasonable rate of return
determined by the commission with reference to a cost of debt
equal to the actual embedded cost of debt of such public utility,
(b)(ii) But not including the portion of any periodic rental
or use payments representing that cost of property that is
included in the valuation report under divisions (F) and (G) of
section 4909.05 of the Revised Code, fix and determine the just
and reasonable rate, fare, charge, toll, rental, or service to be
rendered, charged, demanded, exacted, or collected for the
performance or rendition of the service that will provide the
public utility the allowable gross annual revenues under division
(B) of this section, and order such just and reasonable rate,
fare, charge, toll, rental, or service to be substituted for the
existing one. After such determination.
(3) The commission shall make the fixations and
determinations under division (D)(1)(b) of this section
exclusively with regard to the payments of assessments that are
required to be calculated based on the appropriation to the office
of the consumers' counsel for fiscal year 2012. The commission
shall make all such fixations and determinations on or before
December 31, 2011, unless the public utility has filed an
application with the commission under section 4909.18 of the
Revised Code and the application is pending on the effective date
of this section.
(4) After a determination and order made under division (D)
of this section, no change in the rate, fare, toll, charge,
rental, schedule, classification, or service shall be made,
rendered, charged, demanded, exacted, or changed by such public
utility without the order of the commission, and any other rate,
fare, toll, charge, rental, classification, or service is
prohibited.
(E) Upon application of any person or any public utility, and
after notice to the parties in interest and opportunity to be
heard as provided in Chapters 4901., 4903., 4905., 4907., 4909.,
4921., and 4923. of the Revised Code for other hearings, has been
given, the commission may rescind, alter, or amend an order fixing
any rate, fare, toll, charge, rental, classification, or service,
or any other order made by the commission. Certified copies of
such orders shall be served and take effect as provided for
original orders.
Sec. 4911.02. (A) The consumers' counsel shall be appointed
by the consumers' counsel governing board, and shall hold office
at the pleasure of the board.
(B)(1) The counsel may sue or be sued and has the powers and
duties granted him the counsel under this chapter, and all
necessary powers to carry out the purposes of this chapter.
(2) Without limitation because of enumeration, the counsel:
(a) Shall have all the rights and powers of any party in
interest appearing before the public utilities commission
regarding examination and cross-examination of witnesses,
presentation of evidence, and other matters;
(b) May take appropriate action with respect to residential
consumer complaints concerning quality of service, service
charges, and the operation of the public utilities commission;
(c) May institute, intervene in, or otherwise participate in
proceedings in both state and federal courts and administrative
agencies on behalf of the residential consumers concerning review
of decisions rendered by, or failure to act by, the public
utilities commission;
(d) May conduct long range studies concerning various topics
relevant to the rates charged to residenial residential consumers.
(C) The counsel shall not advocate or otherwise promote any
position contrary to development of competitive markets in this
state, including the policies of this state as set forth in
Chapter 4929. of the Revised Code.
Sec. 4911.021. The consumers' counsel shall not operate a
telephone call center for consumer complaints. Any calls received
by the consumers' counsel concerning consumer complaints shall be
forwarded to the public utilities commission's call center.
Sec. 4927.17. (A) Except as provided in sections 4927.07 and
4927.12 of the Revised Code and, if applicable, under rules
adopted by the public utilities commission for the pilot program
for community-voicemail service created in S.B. 162 of the 128th
general assembly, a telephone company shall provide at least
fifteen days' advance notice to its affected customers of any
material change in the rates, terms, and conditions of a service
and any change in the company's operations that are not
transparent to customers and may impact service.
(B) A telephone company shall inform its customers of the
commission's toll-free number and e-mail address on all bills and
disconnection notices and any residential customers of the office
of the consumers' counsel's toll-free number and e-mail address on
all residential bills and disconnection notices.
Sec. 4928.10. For the protection of consumers in this state,
the public utilities commission shall adopt rules under division
(A) of section 4928.06 of the Revised Code specifying the
necessary minimum service requirements, on or after the starting
date of competitive retail electric service, of an electric
utility, electric services company, electric cooperative, or
governmental aggregator subject to certification under section
4928.08 of the Revised Code regarding the provision directly or
through its billing and collection agent of competitive retail
electric services for which it is subject to certification. Rules
adopted under this section shall include a prohibition against
unfair, deceptive, and unconscionable acts and practices in the
marketing, solicitation, and sale of such a competitive retail
electric service and in the administration of any contract for
service, and also shall include additional consumer protections
concerning all of the following:
(A) Contract disclosure. The rules shall include requirements
that an electric utility, electric services company, electric
cooperative, or governmental aggregator subject to certification
under section 4928.08 of the Revised Code do both of the
following:
(1) Provide consumers with adequate, accurate, and
understandable pricing and terms and conditions of service,
including any switching fees, and with a document containing the
terms and conditions of pricing and service before the consumer
enters into the contract for service;
(2) Disclose the conditions under which a customer may
rescind a contract without penalty.
(B) Service termination. The rules shall include disclosure
of the terms identifying how customers may switch or terminate
service, including any required notice and any penalties.
(C) Minimum content of customer bills. The rules shall
include all of the following requirements, which shall be
standardized:
(1) Price disclosure and disclosures of total billing units
for the billing period and historical annual usage;
(2) To the maximum extent practicable, separate listing of
each service component to enable a customer to recalculate its
bill for accuracy;
(3) Identification of the supplier of each service;
(4) Statement of where and how payment may be made and
provision of a toll-free or local customer assistance and
complaint number for the electric utility, electric services
company, electric cooperative, or governmental aggregator, as well
as a consumer assistance telephone number or numbers for state
agencies, such as the commission, the office of the consumers'
counsel, and the attorney general's office, with the available
hours noted;
(5) Other than for the first billing after the starting date
of competitive retail electric service, highlighting and clear
explanation on each customer bill, for two consecutive billing
periods, of any changes in the rates, terms, and conditions of
service.
(D) Disconnection and service termination, including
requirements with respect to master-metered buildings. The rules
shall include policies and procedures that are consistent with
sections 4933.121 and 4933.122 of the Revised Code and the
commission's rules adopted under those sections, and that provide
for all of the following:
(1) Coordination between suppliers for the purpose of
maintaining service;
(2) The allocation of partial payments between suppliers when
service components are jointly billed;
(3) A prohibition against blocking, or authorizing the
blocking of, customer access to a noncompetitive retail electric
service when a customer is delinquent in payments to the electric
utility or electric services company for a competitive retail
electric service;
(4) A prohibition against switching, or authorizing the
switching of, a customer's supplier of competitive retail electric
service without the prior consent of the customer in accordance
with appropriate confirmation practices, which may include
independent, third-party verification procedures.
(5) A requirement of disclosure of the conditions under which
a customer may rescind a decision to switch its supplier without
penalty;
(6) Specification of any required notice and any penalty for
early termination of contract.
(E) Minimum service quality, safety, and reliability.
However, service quality, safety, and reliability requirements for
electric generation service shall be determined primarily through
market expectations and contractual relationships.
(F) Generation resource mix and environmental characteristics
of power supplies. The rules shall include requirements for
determination of the approximate generation resource mix and
environmental characteristics of the power supplies and disclosure
to the customer prior to the customer entering into a contract to
purchase and four times per year under the contract. The rules
also shall require that the electric utility, electric services
company, electric cooperative, or governmental aggregator provide,
or cause its billing and collection agent to provide, a customer
with standardized information comparing the projected, with the
actual and verifiable, resource mix and environmental
characteristics. This disclosure shall occur not less than
annually or not less than once during the contract period if the
contract period is less than one year, and prior to any renewal of
a contract.
(G) Customer information. The rules shall include
requirements that the electric utility, electric services company,
electric cooperative, or governmental aggregator make generic
customer load pattern information available to other electric
light companies on a comparable and nondiscriminatory basis, and
make customer-specific information available to other electric
light companies on a comparable and nondiscriminatory basis
unless, as to customer-specific information, the customer objects.
The rules shall ensure that each such utility, company,
cooperative, or aggregator provide clear and frequent notice to
its customers of the right to object and of applicable procedures.
The rules shall establish the exact language that shall be used in
all such notices.
Sec. 4928.18. (A) Notwithstanding division (D)(2)(a)(b)(i)
of section 4909.15 of the Revised Code, nothing in this chapter
prevents the public utilities commission from exercising its
authority under Title XLIX of the Revised Code to protect
customers of retail electric service supplied by an electric
utility from any adverse effect of the utility's provision of a
product or service other than retail electric service.
(B) The commission has jurisdiction under section 4905.26 of
the Revised Code, upon complaint of any person or upon complaint
or initiative of the commission on or after the starting date of
competitive retail electric service, to determine whether an
electric utility or its affiliate has violated any provision of
section 4928.17 of the Revised Code or an order issued or rule
adopted under that section. For this purpose, the commission may
examine such books, accounts, or other records kept by an electric
utility or its affiliate as may relate to the businesses for which
corporate separation is required under section 4928.17 of the
Revised Code, and may investigate such utility or affiliate
operations as may relate to those businesses and investigate the
interrelationship of those operations. Any such examination or
investigation by the commission shall be governed by Chapter 4903.
of the Revised Code.
(C) In addition to any remedies otherwise provided by law,
the commission, regarding a determination of a violation pursuant
to division (B) of this section, may do any of the following:
(1) Issue an order directing the utility or affiliate to
comply;
(2) Modify an order as the commission finds reasonable and
appropriate and order the utility or affiliate to comply with the
modified order;
(3) Suspend or abrogate an order, in whole or in part;
(4) Issue an order that the utility or affiliate pay
restitution to any person injured by the violation or failure to
comply;
(D) In addition to any remedies otherwise provided by law,
the commission, regarding a determination of a violation pursuant
to division (B) of this section and commensurate with the severity
of the violation, the source of the violation, any pattern of
violations, or any monetary damages caused by the violation, may
do either of the following:
(1) Impose a forfeiture on the utility or affiliate of up to
twenty-five thousand dollars per day per violation. The recovery
and deposit of any such forfeiture shall be subject to sections
4905.57 and 4905.59 of the Revised Code.
(2) Regarding a violation by an electric utility relating to
a corporate separation plan involving competitive retail electric
service, suspend or abrogate all or part of an order, to the
extent it is in effect, authorizing an opportunity for the utility
to receive transition revenues under a transition plan approved by
the commission under section 4928.33 of the Revised Code.
Corporate separation under this section does not prohibit the
common use of employee benefit plans, facilities, equipment, or
employees, subject to proper accounting and the code of conduct
ordered by the commission as provided in division (A)(1) of this
section.
(E) Section 4905.61 of the Revised Code applies in the case
of any violation of section 4928.17 of the Revised Code or of any
rule adopted or order issued under that section.
Sec. 4929.22. For the protection of consumers in this state,
the public utilities commission shall adopt rules under section
4929.10 of the Revised Code specifying the necessary minimum
service requirements of a retail natural gas supplier or
governmental aggregator subject to certification under section
4929.20 of the Revised Code regarding the marketing, solicitation,
sale, or provision, directly or through its billing and collection
agent, of any competitive retail natural gas service for which it
is subject to certification. Rules adopted under this section
shall include additional consumer protections concerning all of
the following:
(A) Contract disclosure. The rules shall include requirements
that a retail natural gas supplier or governmental aggregator
subject to certification under section 4929.20 of the Revised Code
do both of the following:
(1) Provide consumers with adequate, accurate, and
understandable pricing and terms and conditions of service,
including any switching fees, and with a document containing the
terms and conditions of pricing and service before the consumer
enters into the contract for service;
(2) Disclose the conditions under which a customer may
rescind a contract without penalty.
(B) Service qualification and termination. The rules shall
include a requirement that, before a consumer is eligible for
service from a retail natural gas supplier or governmental
aggregator subject to certification under section 4929.20 of the
Revised Code, the consumer shall discharge, or enter into a plan
to discharge, all existing arrearages owed to or being billed by
the natural gas company from which the consumer presently is
receiving service. The rules also shall provide for disclosure of
the terms identifying how customers may switch or terminate
service, including any required notice and any penalties.
(C) Minimum content of customer bills. The rules shall
include all of the following requirements, which shall be
standardized:
(1) Price disclosure and disclosures of total billing units
for the billing period and historical annual usage;
(2) To the maximum extent practicable, separate listing of
each service component to enable a customer to recalculate its
bill for accuracy;
(3) Identification of the supplier of each service;
(4) Statement of where and how payment may be made and
provision of a toll-free or local customer assistance and
complaint number for the retail natural gas supplier or
governmental aggregator, as well as a consumer assistance
telephone number or numbers for state agencies, such as the
commission, the office of the consumers' counsel, and the attorney
general's office, with the available hours noted;
(5) Other than for the first billing after the effective date
of initial rules adopted pursuant to division (A) of section
4929.20 of the Revised Code, highlighting and clear explanation on
each customer bill, for two consecutive billing periods, of any
changes in the rates, terms, and conditions of service.
(D) Disconnection and service termination, including
requirements with respect to master-metered buildings. The rules
shall include policies and procedures that are consistent with
sections 4933.12 and 4933.122 of the Revised Code and the
commission's rules adopted under those sections, and that provide
for all of the following:
(1) Coordination between suppliers for the purpose of
maintaining service;
(2) The allocation of partial payments between suppliers when
service components are jointly billed;
(3) A prohibition against switching, or authorizing the
switching of, a customer's supplier of competitive retail natural
gas service without the prior consent of the customer in
accordance with appropriate confirmation practices, which may
include independent, third-party verification procedures;
(4) A requirement of disclosure of the conditions under which
a customer may rescind a decision to switch its supplier without
penalty;
(5) Specification of any required notice and any penalty for
early termination of contract.
(E) Minimum service quality, safety, and reliability.
(F) Customer information. The rules shall include
requirements that a natural gas company make generic customer load
pattern information available to a retail natural gas supplier or
governmental aggregator as defined in division (K)(1) or (2) of
section 4929.01 of the Revised Code on a comparable and
nondiscriminatory basis, and make customer information available
to a retail natural gas supplier or governmental aggregator as
defined in division (K)(1) or (2) of section 4929.01 of the
Revised Code on a comparable and nondiscriminatory basis unless,
as to customer information, the customer objects. The rules shall
ensure that each natural gas company provide clear and frequent
notice to its customers of the right to object and of applicable
procedures. The rules shall establish the exact language that
shall be used in all such notices. The rules also shall require
that, upon the request of a governmental aggregator defined in
division (K)(1) of section 4929.01 of the Revised Code, solely for
purposes of the disclosure required by division (D) of section
4929.26 of the Revised Code, or for purposes of a governmental
aggregator defined in division (K)(2) of section 4929.01 of the
Revised Code, a natural gas company or retail natural gas supplier
must provide the governmental aggregator, in a timely manner and
at such cost as the commission shall provide for in the rules,
with the billing names and addresses of the customers of the
company or supplier whose retail natural gas loads are to be
included in the governmental aggregation.
(G) Ohio office. The rules shall require that a retail
natural gas supplier maintain an office and an employee in this
state.
Sec. 5101.16. (A) As used in this section and sections
5101.161 and 5101.162 of the Revised Code:
(1) "Disability financial assistance" means the financial
assistance program established under Chapter 5115. of the Revised
Code.
(2) " Supplemental nutrition assistance program" means the
program administered by the department of job and family services
pursuant to section 5101.54 of the Revised Code.
(3) "Medicaid" means the medical assistance program
established by Chapter 5111. of the Revised Code, excluding
transportation services provided under that chapter.
(4) "Ohio works first" means the program established by
Chapter 5107. of the Revised Code.
(5) "Prevention, retention, and contingency" means the
program established by Chapter 5108. of the Revised Code.
(6) "Public assistance expenditures" means expenditures for
all of the following:
(b) County administration of Ohio works first;
(c) Prevention, retention, and contingency;
(d) County administration of prevention, retention, and
contingency;
(e) Disability financial assistance;
(f) County administration of disability financial assistance;
(g) County administration of the supplemental nutrition
assistance program;
(h) County administration of medicaid.
(7) "Title IV-A program" has the same meaning as in section
5101.80 of the Revised Code.
(B) Each board of county commissioners shall pay the county
share of public assistance expenditures in accordance with section
5101.161 of the Revised Code. Except as provided in division (C)
of this section, a county's share of public assistance
expenditures is the sum of all of the following for state fiscal
year 1998 and each state fiscal year thereafter:
(1) The amount that is twenty-five per cent of the county's
total expenditures for disability financial assistance and county
administration of that program during the state fiscal year ending
in the previous calendar year that the department of job and
family services determines are allowable.
(2) The amount that is ten per cent, or other percentage
determined under division (D) of this section, of the county's
total expenditures for county administration of the supplemental
nutrition assistance program and medicaid during the state fiscal
year ending in the previous calendar year that the department
determines are allowable, less the amount of federal reimbursement
credited to the county under division (E) of this section for the
state fiscal year ending in the previous calendar year;
(3) A percentage of the actual amount of the county share of
program and administrative expenditures during federal fiscal year
1994 for assistance and services, other than child care, provided
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as those titles existed prior to the
enactment of the "Personal Responsibility and Work Opportunity
Reconciliation Act of 1996," 110 Stat. 2105. The department of job
and family services shall determine the actual amount of the
county share from expenditure reports submitted to the United
States department of health and human services. The percentage
shall be the percentage established in rules adopted under
division (F) of this section.
(C)(1) If a county's share of public assistance expenditures
determined under division (B) of this section for a state fiscal
year exceeds one hundred ten five per cent of the county's share
for those expenditures for the immediately preceding state fiscal
year, the department of job and family services shall reduce the
county's share for expenditures under divisions (B)(1) and (2) of
this section so that the total of the county's share for
expenditures under division (B) of this section equals one hundred
ten five per cent of the county's share of those expenditures for
the immediately preceding state fiscal year.
(2) A county's share of public assistance expenditures
determined under division (B) of this section may be increased
pursuant to section 5101.163 of the Revised Code and a sanction
under section 5101.24 of the Revised Code. An increase made
pursuant to section 5101.163 of the Revised Code may cause the
county's share to exceed the limit established by division (C)(1)
of this section.
(D)(1) If the per capita tax duplicate of a county is less
than the per capita tax duplicate of the state as a whole and
division (D)(2) of this section does not apply to the county, the
percentage to be used for the purpose of division (B)(2) of this
section is the product of ten multiplied by a fraction of which
the numerator is the per capita tax duplicate of the county and
the denominator is the per capita tax duplicate of the state as a
whole. The department of job and family services shall compute the
per capita tax duplicate for the state and for each county by
dividing the tax duplicate for the most recent available year by
the current estimate of population prepared by the department of
development.
(2) If the percentage of families in a county with an annual
income of less than three thousand dollars is greater than the
percentage of such families in the state and division (D)(1) of
this section does not apply to the county, the percentage to be
used for the purpose of division (B)(2) of this section is the
product of ten multiplied by a fraction of which the numerator is
the percentage of families in the state with an annual income of
less than three thousand dollars a year and the denominator is the
percentage of such families in the county. The department of job
and family services shall compute the percentage of families with
an annual income of less than three thousand dollars for the state
and for each county by multiplying the most recent estimate of
such families published by the department of development, by a
fraction, the numerator of which is the estimate of average annual
personal income published by the bureau of economic analysis of
the United States department of commerce for the year on which the
census estimate is based and the denominator of which is the most
recent such estimate published by the bureau.
(3) If the per capita tax duplicate of a county is less than
the per capita tax duplicate of the state as a whole and the
percentage of families in the county with an annual income of less
than three thousand dollars is greater than the percentage of such
families in the state, the percentage to be used for the purpose
of division (B)(2) of this section shall be determined as follows:
(a) Multiply ten by the fraction determined under division
(D)(1) of this section;
(b) Multiply the product determined under division (D)(3)(a)
of this section by the fraction determined under division (D)(2)
of this section.
(4) The department of job and family services shall
determine, for each county, the percentage to be used for the
purpose of division (B)(2) of this section not later than the
first day of July of the year preceding the state fiscal year for
which the percentage is used.
(E) The department of job and family services shall credit to
a county the amount of federal reimbursement the department
receives from the United States departments of agriculture and
health and human services for the county's expenditures for
administration of the supplemental nutrition assistance program
and medicaid that the department determines are allowable
administrative expenditures.
(F)(1) The director of job and family services shall adopt
rules in accordance with section 111.15 of the Revised Code to
establish all of the following:
(a) The method the department is to use to change a county's
share of public assistance expenditures determined under division
(B) of this section as provided in division (C) of this section;
(b) The allocation methodology and formula the department
will use to determine the amount of funds to credit to a county
under this section;
(c) The method the department will use to change the payment
of the county share of public assistance expenditures from a
calendar-year basis to a state fiscal year basis;
(d) The percentage to be used for the purpose of division
(B)(3) of this section, which shall, except as provided in section
5101.163 of the Revised Code, meet both of the following
requirements:
(i) The percentage shall not be less than seventy-five per
cent nor more than eighty-two per cent;
(ii) The percentage shall not exceed the percentage that the
state's qualified state expenditures is of the state's historic
state expenditures as those terms are defined in 42 U.S.C.
609(a)(7).
(e) Other procedures and requirements necessary to implement
this section.
(2) The director of job and family services may amend the
rule adopted under division (F)(1)(d) of this section to modify
the percentage on determination that the amount the general
assembly appropriates for Title IV-A programs makes the
modification necessary. The rule shall be adopted and amended as
if an internal management rule and in consultation with the
director of budget and management.
Sec. 5101.181. (A) As used in this section and section
5101.182 of the Revised Code, "public:
(1) "Public assistance" includes, in addition to Ohio works
first, means any or all of the following:
(b) Prevention, retention, and contingency;
(3)(c) Disability financial assistance;
(4)(d) General assistance provided prior to July 17, 1995,
under former Chapter 5113. of the Revised Code.
(2) "Medical assistance" means medical assistance provided
pursuant to, or under programs established by, section 5101.49,
sections 5101.50 to 5101.529, Chapter 5111., or any other
provision of the Revised Code.
(B) As part of the procedure for the determination of
overpayment to a recipient of public assistance under Chapter
5107., 5108., 5111., or 5115. of the Revised Code, the director of
job and family services shall may furnish quarterly the name and
social security number of each individual who receives public
assistance to the director of administrative services, the
administrator of the bureau of workers' compensation, and each of
the state's retirement boards. Within fourteen days after
receiving the name and social security number of an individual who
receives public assistance, the director of administrative
services, administrator, or board shall inform the auditor of
state as to whether such individual is receiving wages or
benefits, the amount of any wages or benefits being received, the
social security number, and the address of the individual. The
director of administrative services, administrator, boards, and
any agent or employee of those officials and boards shall comply
with the rules of the director of job and family services
restricting the disclosure of information regarding recipients of
public assistance. Any person who violates this provision shall
thereafter be disqualified from acting as an agent or employee or
in any other capacity under appointment or employment of any state
board, commission, or agency.
(C) The auditor of state may enter into a reciprocal
agreement with the director of job and family services or
comparable officer of any other state for the exchange of names,
current or most recent addresses, or social security numbers of
persons receiving public assistance under Title IV-A or under
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C. 301, as amended.
(D)(1) The auditor of state shall retain, for not less than
two years, at least one copy of all information received under
this section and sections 145.27, 742.41, 3307.20, 3309.22,
4123.27, 5101.182, and 5505.04 of the Revised Code. The
(E) On the request of the director of job and family
services, the auditor of state may conduct an audit of an
individual who receives medical assistance. If the auditor decides
to conduct an audit, the auditor shall enter into an interagency
agreement with the department of job and family services that
specifies that the auditor agrees to comply with section 5101.271
of the Revised Code with respect to any information the auditor
receives pursuant to the audit.
(F) The auditor shall review the information described in
division (D) of this section to determine whether overpayments
were made to recipients of public assistance under Chapters 5107.,
5108., 5111., and 5115. of the Revised Code. The auditor of state
shall initiate action leading to prosecution, where warranted, of
recipients who received overpayments by forwarding the name of
each recipient who received overpayment, together with other
pertinent information, to the director of job and family services
and, the attorney general, to the district director of job and
family services of the district through which public assistance
was received, and to the county director of job and family
services and county prosecutor of the county through which public
assistance was received.
(2)(G) The auditor of state and the attorney general or their
designees may examine any records, whether in computer or printed
format, in the possession of the director of job and family
services or any county director of job and family services. They
shall provide safeguards which restrict access to such records to
purposes directly connected with an audit or investigation,
prosecution, or criminal or civil proceeding conducted in
connection with the administration of the programs and shall
comply with the sections 5101.27 and 5101.271 of the Revised Code
and adopts rules of the director of job and family services
restricting the disclosure of information regarding recipients of
public assistance or medical assistance. Any person who violates
this provision shall thereafter be disqualified from acting as an
agent or employee or in any other capacity under appointment or
employment of any state board, commission, or agency.
(3)(H) Costs incurred by the auditor of state in carrying out
the auditor of state's duties under this division section shall be
borne by the auditor of state.
Sec. 5101.182. As part of the procedure for the
determination of overpayment to a recipient of public assistance
under Chapter 5107., 5111., or 5115. pursuant to section 5101.181
of the Revised Code, the director of job and family services shall
may semiannually, at times determined jointly by the auditor of
state and the tax commissioner, furnish to the tax commissioner in
computer format the name and social security number of each
individual who receives public assistance. Within sixty days after
receiving the name and social security number of a recipient of
public assistance, the commissioner shall inform the auditor of
state whether the individual filed an Ohio individual income tax
return, separate or joint, as provided by section 5747.08 of the
Revised Code, for either or both of the two taxable years
preceding the year in which the director furnished the names and
social security numbers to the commissioner. If the individual did
so file, at the same time the commissioner shall also inform the
auditor of state of the amount of the federal adjusted gross
income as reported on such returns and of the addresses on such
returns. The commissioner shall also advise the auditor of state
whether such returns were filed on a joint basis, as provided in
section 5747.08 of the Revised Code, in which case the federal
adjusted gross income as reported may be that of the individual or
the individual's spouse.
If the auditor of state determines that further investigation
is needed, the auditor of state may request the commissioner to
determine whether the individual filed income tax returns for any
previous taxable years in which the individual received public
assistance and for which the tax department retains income tax
returns. Within fourteen days of receipt of the request, the
commissioner shall inform the auditor of state whether the
individual filed an individual income tax return for the taxable
years in question, of the amount of the federal adjusted gross
income as reported on such returns, of the addresses on such
returns, and whether the returns were filed on a joint or separate
basis.
If the auditor of state determines that further investigation
is needed of a recipient of public assistance who filed an Ohio
individual income tax return, the auditor of state may request a
certified copy of the Ohio individual income tax return or returns
of that person for the taxable years described above, together
with any other documents the commissioner has concerning the
return or returns. Within fourteen days of receipt of such a
request in writing, the commissioner shall forward the returns and
documents to the auditor of state.
The director of job and family services, district director of
job and family services, county director of job and family
services, county prosecutor, attorney general, auditor of state,
or any agent or employee of those officials having access to any
information or documents furnished by the commissioner pursuant to
this section shall not divulge or use any such information except
for the purpose of determining overpayment of public assistance,
or for an audit, investigation, or prosecution, or in accordance
with a proper judicial order. Any person who violates this
provision shall thereafter be disqualified from acting as an agent
or employee or in any other capacity under appointment or
employment of any state or county board, commission, or agency.
Sec. 5101.183. (A) The Except as provided in section 5111.12
of the Revised Code, the director of job and family services, in
accordance with section 111.15 of the Revised Code, may adopt
rules under which county departments of job and family services or
public children services agencies shall take action to recover the
cost of
social the following benefits and services:
(1) Benefits or services provided to any of the following:
(1)(a) Persons who were not eligible for social the benefits
or services but who secured social the benefits or services
through fraud or misrepresentation;
(2)(b) Persons who were eligible for social the benefits or
services but who intentionally diverted the benefits or services
to other persons who were not eligible for the benefits or
services.
(2) Any benefits or services provided by a county family
services agency for which recovery is required or permitted by
federal law for the federal programs administered by the agency.
(B) A county department of job and family services or public
children services agency may bring a civil action against a
recipient of social benefits or services to recover any costs
described in division (A) of this section.
(C) A county department of job and family services or public
children services agency shall retain any money it recovers under
division (A) of this section and shall use the money for the
provision of social to meet a family services duty, except that,
if federal law requires the department of job and family services
to return any portion of the money so recovered to the federal
government, the county
department or family services agency shall
pay that portion to the department of job and family services.
Sec. 5101.244. (A) If the department of job and family
services determines that a grant awarded to a county grantee in a
grant agreement entered into under section 5101.21 of the Revised
Code, an allocation, advance, or reimbursement the department
makes to a county family services agency, or a cash draw a county
family services agency makes exceeds the allowable amount for the
grant, allocation, advance, reimbursement, or cash draw, the
department may adjust take one or more of the following actions to
recover the excess amount:
(1) The department may adjust, offset, withhold, or reduce an
allocation, cash draw, advance, reimbursement, or other financial
assistance to the county grantee or county family services agency
as necessary to recover the excess amount of the excess grant,
allocation, advance, reimbursement, or cash draw.
(2) The department may require the county grantee or county
family services agency to enter into an agreement with the
department for repayment of the excess amount. The department may
require that the repayment include interest on the excess amount,
calculated from the day that the excess occurred at a rate not
exceeding the rate per annum prescribed by section 5703.47 of the
Revised Code.
(3) The department may certify a claim to the attorney
general under section 131.02 of the Revised Code for the attorney
general to take action under that section against the county
grantee or county family services agency to recover the excess
amount. The
(B) In taking an action authorized under this section, the
department is not required to
make the adjustment, offset,
withholding, or reduction take the action in accordance with
section 5101.24 of the Revised Code.
(C) The director of job and family services may adopt rules
under section 111.15 of the Revised Code as necessary to implement
this section. The director shall adopt the rules as if they were
internal management rules.
Sec. 5101.26. As used in this section and in sections
5101.27 to 5101.30 of the Revised Code:
(A) "County agency" means a county department of job and
family services or a public children services agency.
(B) "Fugitive felon" means an individual who is fleeing to
avoid prosecution, or custody or confinement after conviction,
under the laws of the place from which the individual is fleeing,
for a crime or an attempt to commit a crime that is a felony under
the laws of the place from which the individual is fleeing or, in
the case of New Jersey, a high misdemeanor, regardless of whether
the individual has departed from the individual's usual place of
residence.
(C) "Information" means records as defined in section 149.011
of the Revised Code, any other documents in any format, and data
derived from records and documents that are generated, acquired,
or maintained by the department of job and family services, a
county agency, or an entity performing duties on behalf of the
department or a county agency.
(D) "Law enforcement agency" means the state highway patrol,
an agency that employs peace officers as defined in section 109.71
of the Revised Code, the adult parole authority, a county
department of probation, a prosecuting attorney, the attorney
general, similar agencies of other states, federal law enforcement
agencies, and postal inspectors. "Law enforcement agency" includes
the peace officers and other law enforcement officers employed by
the agency.
(E) "Medical assistance provided under a public assistance
program" means medical assistance provided pursuant to, or under
the programs established under sections by, section 5101.49,
sections 5101.50, 5101.51, 5101.52, and 5101.5211 to 5101.5216 to
5101.529, Chapter 5111., or any other provision of the Revised
Code.
(F) "Medical assistance recipient" means an applicant for or
recipient or former recipient of medical assistance.
(G) "Public assistance" means financial assistance, medical
assistance, or social services that are not medical assistance
provided under a program administered by the department of job and
family services or a county agency pursuant to Chapter 329.,
5101., 5104., 5107., 5108., 5111., or 5115. of the Revised Code or
an executive order issued under section 107.17 of the Revised
Code.
(G)(H) "Public assistance recipient" means an applicant for
or recipient or former recipient of public assistance.
Sec. 5101.27. (A) Except as permitted by this section,
section 5101.272 5101.273, 5101.28, or 5101.29 of the Revised
Code, or the rules adopted under division (A) of section 5101.30
of the Revised Code, or when required by federal law, no person or
government entity shall solicit, disclose, receive, use, or
knowingly permit, or participate in the use of any information
regarding a public assistance recipient for any purpose not
directly connected with the administration of a public assistance
program.
(B) To the extent permitted by federal law, the department of
job and family services and county agencies shall do all of the
following:
(1) Release information regarding a public assistance
recipient for purposes directly connected to the administration of
the program to a government entity responsible for administering
that public assistance program;
(2) Provide information regarding a public assistance
recipient to a law enforcement agency for the purpose of any
investigation, prosecution, or criminal or civil proceeding
relating to the administration of that public assistance program;
(3) Provide, for purposes directly connected to the
administration of a program that assists needy individuals with
the costs of public utility services, information regarding a
recipient of financial assistance provided under a program
administered by the department or a county agency pursuant to
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to
5115.07 of the Revised Code to an entity administering the public
utility services program.
(C) To the extent permitted by federal law and section
1347.08 of the Revised Code, the department and county agencies
shall provide access to information regarding a public assistance
recipient to all of the following:
(2) The authorized representative;
(3) The legal guardian of the recipient;
(4) The attorney of the recipient, if the attorney has
written authorization that complies with section 5101.271 5101.272
of the Revised Code from the recipient.
(D) To the extent permitted by federal law and subject to
division (E) of this section, the department and county agencies
may do both of the following:
(1) Release information about a public assistance recipient
if the recipient gives voluntary, written authorization that
complies with section 5101.271 5101.272 of the Revised Code;
(2) Release information regarding a public assistance
recipient to a state, federal, or federally assisted program that
provides cash or in-kind assistance or services directly to
individuals based on need or for the purpose of protecting
children to a government entity responsible for administering a
children's protective services program.
(E) Except when the release is required by division (B), (C),
or (D)(2) of this section, the department or county agency shall
release the information only in accordance with the authorization.
The department or county agency shall provide, at no cost, a copy
of each written authorization to the individual who signed it.
(F) The department or county agency may release information
under division (D) of this section concerning the receipt of
medical assistance provided under a public assistance program only
if all of the following conditions are met:
(1) The release of information is for purposes directly
connected to the administration of or provision of medical
assistance provided under a public assistance program;
(2) The information is released to persons or government
entities that are subject to standards of confidentiality and
safeguarding information substantially comparable to those
established for medical assistance provided under a public
assistance program;
(3) The department or county agency has obtained an
authorization consistent with section 5101.271 of the Revised
Code.
(G) Information concerning the receipt of medical assistance
provided under a public assistance program may be released only if
the release complies with this section and rules adopted by the
department pursuant to section 5101.30 of the Revised Code or, if
more restrictive, the Health Insurance Portability and
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955,
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by
the United States department of health and human services to
implement the act.
(H) The department of job and family services may adopt rules
defining "authorized representative" for purposes of division
(C)(2) of this section.
Sec. 5101.271. (A) Except as permitted by this section,
section 5101.273, or rules adopted under section 5101.30 of the
Revised Code, or when required by federal law, no person or
government entity shall use or disclose information regarding a
medical assistance recipient for any purpose not directly
connected with the administration of the medical assistance
program.
(B) Both of the following shall be considered to be purposes
directly connected with the administration of the medical
assistance program:
(1) Treatment, payment, or other operations or activities
authorized by 42 C.F.R. Chapter IV;
(2) Any administrative function or duty the department of job
and family services performs alone or jointly with a federal
government entity, another state government entity, or a local
government entity implementing a provision of federal law.
(C) The department or a county agency may disclose
information regarding a medical assistance recipient to any of the
following:
(1) The recipient or the recipient's authorized
representative;
(2) The recipient's legal guardian in accordance with
division (C) of section 2111.13 of the Revised Code;
(3) The attorney of the recipient, if the department or
county agency has obtained authorization from the recipient, the
recipient's authorized representative, or the recipient's legal
guardian that meets all requirements of the Health Insurance
Portability and Accountability Act of 1996, Pub. L. 104-191, 110
Stat. 1955, 42 U.S.C. 1320d et seq., as amended, regulations
promulgated by the United States department of health and human
services to implement the act, section 5101.272 of the Revised
Code, and any rules the director of job and family services adopts
under section 5101.30 of the Revised Code;
(4) A health information or health records management entity
that has executed with the department a business associate
agreement required by 45 C.F.R 164.502(e)(2) and has been
authorized by the recipient, the recipient's authorized
representative, or the recipient's legal guardian to receive the
recipient's electronic health records in accordance with rules the
director of job and family services adopts under section 5101.30
of the Revised Code;
(5) A court if pursuant to a written order of the court.
(D) The department may receive from county departments of job
and family services information regarding any medical assistance
recipient for purposes of training and verifying the accuracy of
eligibility determinations for medical assistance. The department
may assemble information received under this division into a
report if the report is in a form specified by the department.
Information received and assembled into a report under this
division shall remain confidential and not be subject to
disclosure pursuant to section 149.43 or 1347.08 of the Revised
Code.
(E) The department shall notify courts in this state
regarding its authority, under division (C)(5) of this section, to
disclose information regarding a medical assistance recipient
pursuant to a written court order.
Sec. 5101.271 5101.272. (A) For the purposes of section
sections 5101.27 and 5101.271 of the Revised Code, an
authorization shall be made on a form that uses language
understandable to the average person and contains all of the
following:
(1) A description of the information to be used or disclosed
that identifies the information in a specific and meaningful
fashion;
(2) The name or other specific identification of the person
or class of persons authorized to make the requested use or
disclosure;
(3) The name or other specific identification of the person
or governmental entity to which the information may be released;
(4) A description of each purpose of the requested use or
disclosure of the information;
(5) The date on which the authorization expires or an event
related either to the individual who is the subject of the request
or to the purposes of the requested use or disclosure, the
occurrence of which will cause the authorization to expire;
(6) A statement that the information used or disclosed
pursuant to the authorization may be disclosed by the recipient of
the information and may no longer be protected from disclosure;
(7) The signature of the individual or the individual's
authorized representative and the date on which the authorization
was signed;
(8) If signed by an authorized representative, a description
of the representative's authority to act for the individual;
(9) A statement of the individual or authorized
representative's right to prospectively revoke the written
authorization in writing, along with one of the following:
(a) A description of how the individual or authorized
representative may revoke the authorization;
(b) If the department of job and family services' privacy
notice contains a description of how the individual or authorized
representative may revoke the authorization, a reference to that
privacy notice.
(10) A statement that treatment, payment, enrollment, or
eligibility for public assistance or medical assistance cannot be
conditioned on signing the authorization unless the authorization
is necessary for determining eligibility for the public assistance
or medical assistance program.
(B) An authorization for the release of information regarding
a medical assistance recipient to the recipient's attorney under
division (C)(3) of section 5101.271 of the Revised Code may
include a provision specifically authorizing the release of the
recipient's electronic health records, if any, in accordance with
rules the director of job and family services adopts under section
5101.30 of the Revised Code.
(C) When an individual requests information pursuant to
section 5101.27 or 5101.271 of the Revised Code regarding the
individual's receipt of public assistance or medical assistance
and does not wish to provide a statement of purpose, the statement
"at request of the individual" is a sufficient description for
purposes of division (A)(4) of this section.
Sec. 5101.272 5101.273. Not later than August 31, 2007, the
director of job and family services shall submit a report to the
general assembly on the costs and potential three-year cost
savings associated with participation in the
federally-administered public assistance reporting information
system. If cost savings are indicated in the report, not later
than October 1, 2007, the The department of job and family
services shall enter into any necessary agreements with the United
States department of health and human services and neighboring
states to join and participate as an active member in the public
assistance reporting information system. The department may
disclose information regarding a public assistance recipient or
medical assistance recipient to the extent necessary to
participate as an active member in the public assistance reporting
information system.
Sec. 5101.28. (A)(1) On request of the department of job and
family services or a county agency, a law enforcement agency shall
provide information regarding public assistance recipients to
enable the department or county agency to determine, for
eligibility purposes, whether a recipient or a member of a
recipient's assistance group is a fugitive felon or violating a
condition of probation, a community control sanction, parole, or a
post-release control sanction imposed under state or federal law.
(2) A county agency may enter into a written agreement with a
local law enforcement agency establishing procedures concerning
access to information and providing for compliance with division
(F) of this section.
(B) To the extent permitted by federal law, the department
and county agencies shall provide information, except information
directly related to the receipt of medical assistance or medical
services, regarding recipients of public assistance under a
program administered by the state department or a county agency
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to
law enforcement agencies on request for the purposes of
investigations, prosecutions, and criminal and civil proceedings
that are within the scope of the law enforcement agencies'
official duties.
(C) Information about a public assistance recipient shall be
exchanged, obtained, or shared only if the department, county
agency, or law enforcement agency requesting the information gives
sufficient information to specifically identify the recipient. In
addition to the recipient's name, identifying information may
include the recipient's current or last known address, social
security number, other identifying number, age, gender, physical
characteristics, any information specified in an agreement entered
into under division (A) of this section, or any information
considered appropriate by the department or agency.
(D)(1) The department and its officers and employees are not
liable in damages in a civil action for any injury, death, or loss
to person or property that allegedly arises from the release of
information in accordance with divisions (A), (B), and (C) of this
section. This section does not affect any immunity or defense that
the department and its officers and employees may be entitled to
under another section of the Revised Code or the common law of
this state, including section 9.86 of the Revised Code.
(2) The county agencies and their employees are not liable in
damages in a civil action for any injury, death, or loss to person
or property that allegedly arises from the release of information
in accordance with divisions (A), (B), and (C) of this section.
"Employee" has the same meaning as in division (B) of section
2744.01 of the Revised Code. This section does not affect any
immunity or defense that the county agencies and their employees
may be entitled to under another section of the Revised Code or
the common law of this state, including section 2744.02 and
division (A)(6) of section 2744.03 of the Revised Code.
(E) To the extent permitted by federal law, the department
and county agencies shall provide access to information to the
auditor of state acting pursuant to Chapter 117. or sections
5101.181 and 5101.182 of the Revised Code and to any other
government entity authorized by federal law to conduct an audit
of, or similar activity involving, a public assistance program.
(F) The auditor of state shall prepare an annual report on
the outcome of the agreements required under division (A) of this
section. The report shall include the number of fugitive felons,
probation and parole violators, and violators of community control
sanctions and post-release control sanctions apprehended during
the immediately preceding year as a result of the exchange of
information pursuant to that division. The auditor of state shall
file the report with the governor, the president and minority
leader of the senate, and the speaker and minority leader of the
house of representatives. The state department, county agencies,
and law enforcement agencies shall cooperate with the auditor of
state's office in gathering the information required under this
division.
(G) To the extent permitted by federal law, the department of
job and family services, county departments of job and family
services, and employees of the departments may report to a public
children services agency or other appropriate agency information
on known or suspected physical or mental injury, sexual abuse or
exploitation, or negligent treatment or maltreatment, of a child
receiving public assistance, if circumstances indicate that the
child's health or welfare is threatened.
(H) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Sec. 5101.30. (A) The director of job and family services
shall adopt rules in accordance with Chapter 119. of the Revised
Code implementing sections 5101.26 to 5101.30 of the Revised Code
and governing the custody, use, disclosure, and preservation of
the information generated or received by the department of job and
family services, county agencies, other state and county entities,
contractors, grantees, private entities, or officials
participating in the administration of public assistance or
medical assistance programs. The rules shall comply with
applicable federal statutes and regulations. The
(1) The rules shall specify conditions and procedures for the
release of information. The rules shall comply with applicable
federal statutes and regulations. To the extent permitted by
federal law which may include, among other conditions and
procedures, both of the following:
(1) The rules may permit (a) Permitting providers of services
or assistance under public assistance programs limited access to
information that is essential for the providers to render services
or assistance or to bill for services or assistance rendered. The
department of aging, when investigating a complaint under section
173.20 of the Revised Code, shall be granted any limited access
permitted in the rules pursuant to division (A)(1) of this
section.
(2) The rules may permit (b) Permitting a contractor,
grantee, or other state or county entity limited access to
information that is essential for the contractor, grantee, or
entity to perform administrative or other duties on behalf of the
department or county agency. A contractor, grantee, or entity
given access to information pursuant to division (A)(2) of this
section is bound by the director's rules, and disclosure of the
information by the contractor, grantee, or entity in a manner not
authorized by the rules is a violation of section 5101.27 of the
Revised Code.
(2) The rules may define who is an "authorized
representative" for purposes of sections 5101.27, 5101.271, and
5101.272 of the Revised Code.
(B) Whenever names, addresses, or other information relating
to public assistance recipients is held by any agency other than
the department or a county agency, that other agency shall adopt
rules consistent with sections 5101.26 to 5101.30 of the Revised
Code to prevent the publication or disclosure of names, lists, or
other information concerning those recipients.
Sec. 5101.35. (A) As used in this section:
(1) "Agency" means the following entities that administer a
family services program:
(a) The department of job and family services;
(b) A county department of job and family services;
(c) A public children services agency;
(d) A private or government entity administering, in whole or
in part, a family services program for or on behalf of the
department of job and family services or a county department of
job and family services or public children services agency.
(2) "Appellant" means an applicant, participant, former
participant, recipient, or former recipient of a family services
program who is entitled by federal or state law to a hearing
regarding a decision or order of the agency that administers the
program.
(3) "Family services program" means assistance provided under
a Title IV-A program as defined in section 5101.80 of the Revised
Code or under Chapter 5104., 5111., or 5115. or section
173.35
5119.69, 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or
5153.165 of the Revised Code, other than assistance provided under
section 5101.46 of the Revised Code by the department of mental
health, the department of developmental disabilities, a board of
alcohol, drug addiction, and mental health services, or a county
board of developmental disabilities.
(B) Except as provided by divisions (G) and (H) of this
section, an appellant who appeals under federal or state law a
decision or order of an agency administering a family services
program shall, at the appellant's request, be granted a state
hearing by the department of job and family services. This state
hearing shall be conducted in accordance with rules adopted under
this section. The state hearing shall be recorded, but neither the
recording nor a transcript of the recording shall be part of the
official record of the proceeding. A state hearing decision is
binding upon the agency and department, unless it is reversed or
modified on appeal to the director of job and family services or a
court of common pleas.
(C) Except as provided by division (G) of this section, an
appellant who disagrees with a state hearing decision may make an
administrative appeal to the director of job and family services
in accordance with rules adopted under this section. This
administrative appeal does not require a hearing, but the director
or the director's designee shall review the state hearing decision
and previous administrative action and may affirm, modify, remand,
or reverse the state hearing decision. Any person designated to
make an administrative appeal decision on behalf of the director
shall have been admitted to the practice of law in this state. An
administrative appeal decision is the final decision of the
department and is binding upon the department and agency, unless
it is reversed or modified on appeal to the court of common pleas.
(D) An agency shall comply with a decision issued pursuant to
division (B) or (C) of this section within the time limits
established by rules adopted under this section. If a county
department of job and family services or a public children
services agency fails to comply within these time limits, the
department may take action pursuant to section 5101.24 of the
Revised Code. If another agency fails to comply within the time
limits, the department may force compliance by withholding funds
due the agency or imposing another sanction established by rules
adopted under this section.
(E) An appellant who disagrees with an administrative appeal
decision of the director of job and family services or the
director's designee issued under division (C) of this section may
appeal from the decision to the court of common pleas pursuant to
section 119.12 of the Revised Code. The appeal shall be governed
by section 119.12 of the Revised Code except that:
(1) The person may appeal to the court of common pleas of the
county in which the person resides, or to the court of common
pleas of Franklin county if the person does not reside in this
state.
(2) The person may apply to the court for designation as an
indigent and, if the court grants this application, the appellant
shall not be required to furnish the costs of the appeal.
(3) The appellant shall mail the notice of appeal to the
department of job and family services and file notice of appeal
with the court within thirty days after the department mails the
administrative appeal decision to the appellant. For good cause
shown, the court may extend the time for mailing and filing notice
of appeal, but such time shall not exceed six months from the date
the department mails the administrative appeal decision. Filing
notice of appeal with the court shall be the only act necessary to
vest jurisdiction in the court.
(4) The department shall be required to file a transcript of
the testimony of the state hearing with the court only if the
court orders the department to file the transcript. The court
shall make such an order only if it finds that the department and
the appellant are unable to stipulate to the facts of the case and
that the transcript is essential to a determination of the appeal.
The department shall file the transcript not later than thirty
days after the day such an order is issued.
(F) The department of job and family services shall adopt
rules in accordance with Chapter 119. of the Revised Code to
implement this section, including rules governing the following:
(1) State hearings under division (B) of this section. The
rules shall include provisions regarding notice of eligibility
termination and the opportunity of an appellant appealing a
decision or order of a county department of job and family
services to request a county conference with the county department
before the state hearing is held.
(2) Administrative appeals under division (C) of this
section;
(3) Time limits for complying with a decision issued under
division (B) or (C) of this section;
(4) Sanctions that may be applied against an agency under
division (D) of this section.
(G) The department of job and family services may adopt rules
in accordance with Chapter 119. of the Revised Code establishing
an appeals process for an appellant who appeals a decision or
order regarding a Title IV-A program identified under division
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code
that is different from the appeals process established by this
section. The different appeals process may include having a state
agency that administers the Title IV-A program pursuant to an
interagency agreement entered into under section 5101.801 of the
Revised Code administer the appeals process.
(H) If an appellant receiving medicaid through a health
insuring corporation that holds a certificate of authority under
Chapter 1751. of the Revised Code is appealing a denial of
medicaid services based on lack of medical necessity or other
clinical issues regarding coverage by the health insuring
corporation, the person hearing the appeal may order an
independent medical review if that person determines that a review
is necessary. The review shall be performed by a health care
professional with appropriate clinical expertise in treating the
recipient's condition or disease. The department shall pay the
costs associated with the review.
A review ordered under this division shall be part of the
record of the hearing and shall be given appropriate evidentiary
consideration by the person hearing the appeal.
(I) The requirements of Chapter 119. of the Revised Code
apply to a state hearing or administrative appeal under this
section only to the extent, if any, specifically provided by rules
adopted under this section.
Sec. 5101.37. (A) The department of job and family services
and each county department of job and family services and child
support enforcement agency may make conduct any audits or
investigations that are necessary in the performance of their
duties, and to that end they shall have the same power as a judge
of a county court to administer oaths and to enforce the
attendance and testimony of witnesses and the production of books
or papers.
The department and each county department and agency shall
keep a record of their audits and investigations stating the time,
place, charges, or subject,; witnesses summoned and examined,; and
their conclusions.
Witnesses shall be paid the fees and mileage provided for
under section 119.094 of the Revised Code.
(B) In conducting hearings pursuant to Chapters 3119., 3121.,
and 3123. or pursuant to division (B) of section 5101.35 of the
Revised Code, the department and each child support enforcement
agency have the same power as a judge of a county court to
administer oaths and to enforce the attendance and testimony of
witnesses and the production of books or papers. The department
and each agency shall keep a record of those hearings stating the
time, place, charges, or subject,; witnesses summoned and
examined,; and their conclusions.
The issuance of a subpoena by the department or a child
support enforcement agency to enforce attendance and testimony of
witnesses and the production of books or papers at a hearing is
discretionary and the department or agency is not required to pay
the fees of witnesses for attendance and travel.
(C) Any judge of any division of the court of common pleas,
upon application of the department or a county department or child
support enforcement agency, may compel the attendance of
witnesses, the production of books or papers, and the giving of
testimony before the department, county department, or agency, by
a judgment for contempt or otherwise, in the same manner as in
cases before those courts.
(D) Until an audit report is formally released by the
department of job and family services, the audit report or any
working paper or other document or record prepared by the
department and related to the audit that is the subject of the
audit report is not a public record under section 149.43 of the
Revised Code.
(E) The director of job and family services may adopt rules
as necessary to implement this section. The rules shall be adopted
in accordance with section 111.15 of the Revised Code as if they
were internal management rules.
Sec. 5101.46. (A) As used in this section:
(1) "Title XX" means Title XX of the "Social Security Act,"
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.
(2) "Respective local agency" means, with respect to the
department of job and family services, a county department of job
and family services; with respect to the department of mental
health, a board of alcohol, drug addiction, and mental health
services; and with respect to the department of developmental
disabilities, a county board of developmental disabilities.
(3) "Federal poverty guidelines" means the poverty guidelines
as revised annually by the United States department of health and
human services in accordance with section 673(2) of the "Omnibus
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.
9902, as amended, for a family size equal to the size of the
family of the person whose income is being determined.
(B) The departments of job and family services, mental
health, and developmental disabilities, with their respective
local agencies, shall administer the provision of social services
funded through grants made under Title XX. The social services
furnished with Title XX funds shall be directed at the following
goals:
(1) Achieving or maintaining economic self-support to
prevent, reduce, or eliminate dependency;
(2) Achieving or maintaining self-sufficiency, including
reduction or prevention of dependency;
(3) Preventing or remedying neglect, abuse, or exploitation
of children and adults unable to protect their own interests, or
preserving, rehabilitating, or reuniting families;
(4) Preventing or reducing inappropriate institutional care
by providing for community-based care, home-based care, or other
forms of less intensive care;
(5) Securing referral or admission for institutional care
when other forms of care are not appropriate, or providing
services to individuals in institutions.
(C)(1) All federal funds received under Title XX shall be
appropriated as follows:
(a) Seventy-two and one-half per cent to the department of
job and family services;
(b) Twelve and ninety-three one-hundreths per cent to the
department of mental health;
(c) Fourteen and fifty-seven one-hundreths per cent to the
department of developmental disabilities.
(2) Each of the state department departments shall, subject
to the approval of the controlling board, develop formulas a
formula for the distribution of
their the Title XX appropriations
funds appropriated to the department to their its respective local
agencies. The formulas formula developed by each state department
shall take into account all of the following for each of its
respective local agencies:
(a) The total population of the area that is served by the
respective local agency, the;
(b) The percentage of the population in the area served that
falls below the federal poverty guidelines, and the;
(c) The respective local agency's history of and ability to
utilize Title XX funds.
(3) Each of the state departments shall expend no for state
administrative costs not more than three per cent of its the Title
XX appropriation for state administrative costs funds appropriated
to the department. Each of the department's respective local
agencies shall expend no more than fourteen per cent of its Title
XX appropriation
Each state department shall establish for each of its
respective local agencies the maximum percentage of the Title XX
funds distributed to the respective local agency that the
respective local agency may expend for local administrative costs.
The percentage shall be established by rule and shall comply with
federal law governing the use of Title XX funds. The rules shall
be adopted in accordance with section 111.15 of the Revised Code
as if they were internal management rules.
(4) The department of job and family services shall expend no
for the training of the following not more than two per cent of
its the Title XX appropriation for the training of the following
funds appropriated to the department:
(a) Employees of county departments of job and family
services;
(b) Providers of services under contract with the state
departments' respective local agencies;
(c) Employees of a public children services agency directly
engaged in providing Title XX services.
(D) The department of job and family services shall prepare a
biennial comprehensive Title XX social services plan on the
intended use of Title XX funds. The department shall develop a
method for obtaining public comment during the development of the
plan and following its completion.
For each state fiscal year, the department of job and family
services shall prepare a report on the actual use of Title XX
funds. The department shall make the annual report available for
public inspection.
The departments of mental health and developmental
disabilities shall prepare and submit to the department of job and
family services the portions of each biennial plan and annual
report that apply to services for mental health and mental
retardation and developmental disabilities. Each respective local
agency of the three state departments shall submit information as
necessary for the preparation of biennial plans and annual
reports.
(E) Each county department shall adopt a county profile for
the administration and provision of Title XX social services in
the county. In developing its county profile, the county
department shall take into consideration the comments and
recommendations received from the public by the county family
services planning committee pursuant to section 329.06 of the
Revised Code. As part of its preparation of the county profile,
the county department may prepare a local needs report analyzing
the need for Title XX social services.
The county department shall submit the county profile to the
board of county commissioners for its review. Once the county
profile has been approved by the board, the county department
shall file a copy of the county profile with the department of job
and family services. The department shall approve the county
profile if the department determines the profile provides for the
Title XX social services to meet the goals specified in division
(B) of this section.
(F) Any of the three state departments and their respective
local agencies may require that an entity under contract to
provide social services with Title XX funds submit to an audit on
the basis of alleged misuse or improper accounting of funds. If an
audit is required, the social services provider shall reimburse
the state department or respective local agency for the cost it
incurred in conducting the audit or having the audit conducted.
If an audit demonstrates that a social services provider is
responsible for one or more adverse findings, the provider shall
reimburse the appropriate state department or its respective local
agency the amount of the adverse findings. The amount shall not be
reimbursed with Title XX funds received under this section. The
three state departments and their respective local agencies may
terminate or refuse to enter into a Title XX contract with a
social services provider if there are adverse findings in an audit
that are the responsibility of the provider.
(G) The Except with respect to the matters for which each of
the state departments must adopt rules under division (C)(3) of
this section, the department of job and family services may adopt
any rules
it considers necessary to implement and carry out the
purposes of this section. Rules governing financial and
operational matters of the department or matters between the
department and county departments of job and family services shall
be adopted as internal management rules in accordance with section
111.15 of the Revised Code. Rules governing eligibility for
services, program participation, and other matters pertaining to
applicants and participants shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 5101.47. (A) Except as provided in division divisions
(B) and (C) of this section, the director department of job and
family services may accept applications, determine eligibility,
redetermine eligibility, and perform related administrative
activities for one or more of the following:
(1) The medicaid program established by Chapter 5111. of the
Revised Code;
(2) The children's health insurance program parts I, II, and
III provided for under sections 5101.50, 5101.51, and 5101.52 to
5101.529 of the Revised Code;
(3) Publicly funded child care provided under Chapter 5104.
of the Revised Code;
(4) The supplemental nutrition assistance program
administered by the department of job and family services pursuant
to section 5101.54 of the Revised Code;
(5) Other programs the director of job and family services
determines are supportive of children, adults, or families;
(6) Other programs regarding which the director determines
administrative cost savings and efficiency may be achieved through
the department accepting applications, determining eligibility,
redetermining eligibility, or performing related administrative
activities.
(B) To the extent permitted by federal law, the department
may enter into agreements with one or more other state agencies,
local government entities, or political subdivisions to accept
applications, determine eligibility, redetermine eligibility, and
perform related administrative activities on behalf of the
department with respect to the medicaid program and the children's
health insurance program.
(C) If federal law requires a face-to-face interview to
complete an eligibility determination for a program specified in
or pursuant to division (A) of this section, the face-to-face
interview shall not be conducted by the department of job and
family services.
(C)(D) Subject to division (B)(C) of this section, if the
director department elects to accept applications, determine
eligibility, redetermine eligibility, and perform related
administrative activities for a program specified in or pursuant
to division (A) of this section, both of the following apply:
(1) An individual seeking services under the program may
apply for the program to the director department or to the entity
that state law governing the program authorizes to accept
applications for the program.
(2) The director department is subject to federal statutes
and regulations and state statutes and rules that require, permit,
or prohibit an action regarding accepting applications,
determining or redetermining eligibility, and performing related
administrative activities for the program.
(D)(E) The director may adopt rules as necessary to implement
this section.
Sec. 5101.571. As used in sections 5101.571 to 5101.591 of
the Revised Code:
(A) "Information" means all of the following:
(1) An individual's name, address, date of birth, and social
security number;
(2) The group or plan number, or other identifier, assigned
by a third party to a policy held by an individual or a plan in
which the individual participates and the nature of the coverage;
(3) Any other data the director of job and family services
specifies in rules adopted under section 5101.591 of the Revised
Code.
(B) "Medical assistance" means medical items or services
provided under any of the following:
(1) Medicaid, as defined in section 5111.01 of the Revised
Code;
(2) The children's health insurance program part I, part II,
and part III established under sections 5101.50, 5101.51, and
5101.52 of the Revised Code;
(3) The children's buy-in program established under sections
5101.5211 to 5101.5216 of the Revised Code.
(C) "Medical support" means support specified as support for
the purpose of medical care by order of a court or administrative
agency.
(D) "Public assistance" means medical assistance or
assistance under the Ohio works first program established under
Chapter 5107. of the Revised Code.
(E)(1) Subject to division (E)(2) of this section, and except
as provided in division (E)(3) of this section, "third party"
means all of the following:
(a) A person authorized to engage in the business of sickness
and accident insurance under Title XXXIX of the Revised Code;
(b) A person or governmental entity providing coverage for
medical services or items to individuals on a self-insurance
basis;
(c) A health insuring corporation as defined in section
1751.01 of the Revised Code;
(d) A group health plan as defined in 29 U.S.C. 1167;
(e) A service benefit plan as referenced in 42 U.S.C.
1396a(a)(25);
(f) A managed care organization;
(g) A pharmacy benefit manager;
(h) A third party administrator;
(i) Any other person or governmental entity that is, by law,
contract, or agreement, responsible for the payment or processing
of a claim for a medical item or service for a public assistance
recipient or participant.
(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a
person or governmental entity listed in division (E)(1) of this
section is a third party even if the person or governmental entity
limits or excludes payments for a medical item or service in the
case of a public assistance recipient.
(3) "Third party" does not include the program for medically
handicapped children established under section 3701.023 of the
Revised Code.
Sec. 5101.573. (A) Subject to divisions (B) and (C) of this
section, a third party shall do all of the following:
(1) Accept the department of job and family services' right
of recovery under section 5101.58 of the Revised Code and the
assignment of rights to the department that are described in
section 5101.59 of the Revised Code;
(2) Respond to an inquiry by the department regarding a claim
for payment of a medical item or service that was submitted to the
third party not later than three six years after the date of the
provision of such medical item or service;
(3) Not charge a fee to do either of the following for a
claim described in division (A)(2) of this section:
(a) Determine whether the claim should be paid;
(4) Pay a claim described in division (A)(2) of this section;
(4)(5) Not deny a claim submitted by the department solely on
the basis of the date of submission of the claim, type or format
of the claim form, or a failure by the medical assistance
recipient who is the subject of the claim to present proper
documentation of coverage at the time of service, if both of the
following are true:
(a) The claim was submitted by the department not later than
three six years after the date of the provision of the medical
item or service.
(b) An action by the department to enforce its right of
recovery under section 5101.58 of the Revised Code on the claim
was commenced not later than six years after the department's
submission of the claim.
(5)(6) Consider the department's payment of a claim for a
medical item or service to be the equivalent of the medical
assistance recipient having obtained prior authorization for the
item or service from the third party;
(6)(7) Not deny a claim described in division (A)(5)(6) of
this section that is submitted by the department solely on the
basis of the medical assistance recipient's failure to obtain
prior authorization for the medical item or service.
(B) For purposes of the requirements in division (A) of this
section, a third party shall treat a managed care organization as
the department for a claim in which both of the following are
true:
(1) The individual who is the subject of the claim received a
medical item or service through a managed care organization that
has entered into a contract with the department of job and family
services under section 5111.17 of the Revised Code;
(2) The department has assigned its right of recovery for the
claim to the managed care organization.
(C) The time limitations associated with the requirements in
divisions (A)(2) and (A)(4)(5) of this section apply only to
submissions of claims to, and payments of claims by, a health
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.
Sec. 5101.58. (A) The acceptance of public assistance gives
an automatic right of recovery to the department of job and family
services and a county department of job and family services
against the liability of a third party for the cost of medical
assistance paid on behalf of the public assistance recipient or
participant. When an action or claim is brought against a third
party by a public assistance recipient or participant, any
payment, settlement or compromise of the action or claim, or any
court award or judgment, is subject to the recovery right of the
department of job and family services or county department of job
and family services. Except in the case of a recipient or
participant who receives medical assistance through a managed care
organization, the department's or county department's claim shall
not exceed the amount of medical assistance paid by a department
on behalf of the recipient or participant. A payment, settlement,
compromise, judgment, or award that excludes the cost of medical
assistance paid for by a department shall not preclude a
department from enforcing its rights under this section.
(B) In the case of a recipient or participant who receives
medical assistance through a managed care organization, the amount
of the department's or county department's claim shall be the
amount the managed care organization pays for medical assistance
rendered to the recipient or participant, even if that amount is
more than the amount a department pays to the managed care
organization for the recipient's or participant's medical
assistance.
(C) A recipient or participant, and the recipient's or
participant's attorney, if any, shall cooperate with the
departments. In furtherance of this requirement, the recipient or
participant, or the recipient's or participant's attorney, if any,
shall, not later than thirty days after initiating informal
recovery activity or filing a legal recovery action against a
third party, provide written notice of the activity or action to
the department of job and family services when medical assistance
under medicaid or the children's buy-in program has been paid.
(D) The written notice that must be given under division (C)
of this section shall disclose the identity and address of any
third party against whom the recipient or participant has or may
have a right of recovery.
(E) No settlement, compromise, judgment, or award or any
recovery in any action or claim by a recipient or participant
where the departments have a right of recovery shall be made final
without first giving the appropriate departments written notice as
described in division (C) of this section and a reasonable
opportunity to perfect their rights of recovery. If the
departments are not given the appropriate written notice, the
recipient or participant and, if there is one, the recipient's or
participant's attorney, are liable to reimburse the departments
for the recovery received to the extent of medical payments made
by the departments.
(F) The departments shall be permitted to enforce their
recovery rights against the third party even though they accepted
prior payments in discharge of their rights under this section if,
at the time the departments received such payments, they were not
aware that additional medical expenses had been incurred but had
not yet been paid by the departments. The third party becomes
liable to the department of job and family services or county
department of job and family services as soon as the third party
is notified in writing of the valid claims for recovery under this
section.
(G)(1) Subject to division (G)(2) of this section, the right
of recovery of a department does not apply to that portion of any
judgment, award, settlement, or compromise of a claim, to the
extent of attorneys' fees, costs, or other expenses incurred by a
recipient or participant in securing the judgment, award,
settlement, or compromise, or to the extent of medical, surgical,
and hospital expenses paid by such recipient or participant from
the recipient's or participant's own resources.
(2) Reasonable attorneys' fees, not to exceed one-third of
the total judgment, award, settlement, or compromise, plus costs
and other expenses incurred by the recipient or participant in
securing the judgment, award, settlement, or compromise, shall
first be deducted from the total judgment, award, settlement, or
compromise. After fees, costs, and other expenses are deducted
from the total judgment, award, settlement, or compromise, the
department of job and family services or appropriate county
department of job and family services shall receive no less than
one-half of the remaining amount, or the actual amount of medical
assistance paid, whichever is less.
(H) A right of recovery created by this section may be
enforced separately or jointly by the department of job and family
services or the appropriate county department of job and family
services. To enforce their recovery rights, the departments may do
any of the following:
(1) Intervene or join in any action or proceeding brought by
the recipient or participant or on the recipient's or
participant's behalf against any third party who may be liable for
the cost of medical assistance paid;
(2) Institute and pursue legal proceedings against any third
party who may be liable for the cost of medical assistance paid;
(3) Initiate legal proceedings in conjunction with any
injured, diseased, or disabled recipient or participant or the
recipient's or participant's attorney or representative.
(I) A recipient or participant shall not assess attorney
fees, costs, or other expenses against the department of job and
family services or a county department of job and family services
when the department or county department enforces its right of
recovery created by this section.
(J) The right of recovery given to the department under this
section does not include rights to support from any other person
assigned to the state under sections 5107.20 and 5115.07 of the
Revised Code, but includes payments made by a third party under
contract with a person having a duty to support.
Sec. 5101.60. As used in sections 5101.60 to 5101.71 of the
Revised Code:
(A) "Abuse" means the infliction upon an adult by self or
others of injury, unreasonable confinement, intimidation, or cruel
punishment with resulting physical harm, pain, or mental anguish.
(B) "Adult" means any person sixty years of age or older
within this state who is handicapped by the infirmities of aging
or who has a physical or mental impairment which prevents the
person from providing for the person's own care or protection, and
who resides in an independent living arrangement. An "independent
living arrangement" is a domicile of a person's own choosing,
including, but not limited to, a private home, apartment, trailer,
or rooming house. An "independent living arrangement" includes an
adult care facility licensed pursuant to Chapter 3722. 5119. of
the Revised Code, but does not include other institutions or
facilities licensed by the state or facilities in which a person
resides as a result of voluntary, civil, or criminal commitment.
(C) "Caretaker" means the person assuming the responsibility
for the care of an adult on a voluntary basis, by contract,
through receipt of payment for care, as a result of a family
relationship, or by order of a court of competent jurisdiction.
(D) "Court" means the probate court in the county where an
adult resides.
(E) "Emergency" means that the adult is living in conditions
which present a substantial risk of immediate and irreparable
physical harm or death to self or any other person.
(F) "Emergency services" means protective services furnished
to an adult in an emergency.
(G) "Exploitation" means the unlawful or improper act of a
caretaker using an adult or an adult's resources for monetary or
personal benefit, profit, or gain.
(H) "In need of protective services" means an adult known or
suspected to be suffering from abuse, neglect, or exploitation to
an extent that either life is endangered or physical harm, mental
anguish, or mental illness results or is likely to result.
(I) "Incapacitated person" means a person who is impaired for
any reason to the extent that the person lacks sufficient
understanding or capacity to make and carry out reasonable
decisions concerning the person's self or resources, with or
without the assistance of a caretaker. Refusal to consent to the
provision of services shall not be the sole determinative that the
person is incapacitated. "Reasonable decisions" are decisions made
in daily living which facilitate the provision of food, shelter,
clothing, and health care necessary for life support.
(J) "Mental illness" means a substantial disorder of thought,
mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to
meet the ordinary demands of life.
(K) "Neglect" means the failure of an adult to provide for
self the goods or services necessary to avoid physical harm,
mental anguish, or mental illness or the failure of a caretaker to
provide such goods or services.
(L) "Peace officer" means a peace officer as defined in
section 2935.01 of the Revised Code.
(M) "Physical harm" means bodily pain, injury, impairment, or
disease suffered by an adult.
(N) "Protective services" means services provided by the
county department of job and family services or its designated
agency to an adult who has been determined by evaluation to
require such services for the prevention, correction, or
discontinuance of an act of as well as conditions resulting from
abuse, neglect, or exploitation. Protective services may include,
but are not limited to, case work services, medical care, mental
health services, legal services, fiscal management, home health
care, homemaker services, housing-related services, guardianship
services, and placement services as well as the provision of such
commodities as food, clothing, and shelter.
(O) "Working day" means Monday, Tuesday, Wednesday, Thursday,
and Friday, except when such day is a holiday as defined in
section 1.14 of the Revised Code.
Sec. 5101.61. (A) As used in this section:
(1) "Senior service provider" means any person who provides
care or services to a person who is an adult as defined in
division (B) of section 5101.60 of the Revised Code.
(2) "Ambulatory health facility" means a nonprofit, public or
proprietary freestanding organization or a unit of such an agency
or organization that:
(a) Provides preventive, diagnostic, therapeutic,
rehabilitative, or palliative items or services furnished to an
outpatient or ambulatory patient, by or under the direction of a
physician or dentist in a facility which is not a part of a
hospital, but which is organized and operated to provide medical
care to outpatients;
(b) Has health and medical care policies which are developed
with the advice of, and with the provision of review of such
policies, an advisory committee of professional personnel,
including one or more physicians, one or more dentists, if dental
care is provided, and one or more registered nurses;
(c) Has a medical director, a dental director, if dental care
is provided, and a nursing director responsible for the execution
of such policies, and has physicians, dentists, nursing, and
ancillary staff appropriate to the scope of services provided;
(d) Requires that the health care and medical care of every
patient be under the supervision of a physician, provides for
medical care in a case of emergency, has in effect a written
agreement with one or more hospitals and other centers or clinics,
and has an established patient referral system to other resources,
and a utilization review plan and program;
(e) Maintains clinical records on all patients;
(f) Provides nursing services and other therapeutic services
in accordance with programs and policies, with such services
supervised by a registered professional nurse, and has a
registered professional nurse on duty at all times of clinical
operations;
(g) Provides approved methods and procedures for the
dispensing and administration of drugs and biologicals;
(h) Has established an accounting and record keeping system
to determine reasonable and allowable costs;
(i) "Ambulatory health facilities" also includes an
alcoholism treatment facility approved by the joint commission on
accreditation of healthcare organizations as an alcoholism
treatment facility or certified by the department of alcohol and
drug addiction services, and such facility shall comply with other
provisions of this division not inconsistent with such
accreditation or certification.
(3) "Community mental health facility" means a facility which
provides community mental health services and is included in the
comprehensive mental health plan for the alcohol, drug addiction,
and mental health service district in which it is located.
(4) "Community mental health service" means services, other
than inpatient services, provided by a community mental health
facility.
(5) "Home health agency" means an institution or a distinct
part of an institution operated in this state which:
(a) Is primarily engaged in providing home health services;
(b) Has home health policies which are established by a group
of professional personnel, including one or more duly licensed
doctors of medicine or osteopathy and one or more registered
professional nurses, to govern the home health services it
provides and which includes a requirement that every patient must
be under the care of a duly licensed doctor of medicine or
osteopathy;
(c) Is under the supervision of a duly licensed doctor of
medicine or doctor of osteopathy or a registered professional
nurse who is responsible for the execution of such home health
policies;
(d) Maintains comprehensive records on all patients;
(e) Is operated by the state, a political subdivision, or an
agency of either, or is operated not for profit in this state and
is licensed or registered, if required, pursuant to law by the
appropriate department of the state, county, or municipality in
which it furnishes services; or is operated for profit in this
state, meets all the requirements specified in divisions (A)(5)(a)
to (d) of this section, and is certified under Title XVIII of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as
amended.
(6) "Home health service" means the following items and
services, provided, except as provided in division (A)(6)(g) of
this section, on a visiting basis in a place of residence used as
the patient's home:
(a) Nursing care provided by or under the supervision of a
registered professional nurse;
(b) Physical, occupational, or speech therapy ordered by the
patient's attending physician;
(c) Medical social services performed by or under the
supervision of a qualified medical or psychiatric social worker
and under the direction of the patient's attending physician;
(d) Personal health care of the patient performed by aides in
accordance with the orders of a doctor of medicine or osteopathy
and under the supervision of a registered professional nurse;
(e) Medical supplies and the use of medical appliances;
(f) Medical services of interns and residents-in-training
under an approved teaching program of a nonprofit hospital and
under the direction and supervision of the patient's attending
physician;
(g) Any of the foregoing items and services which:
(i) Are provided on an outpatient basis under arrangements
made by the home health agency at a hospital or skilled nursing
facility;
(ii) Involve the use of equipment of such a nature that the
items and services cannot readily be made available to the patient
in the patient's place of residence, or which are furnished at the
hospital or skilled nursing facility while the patient is there to
receive any item or service involving the use of such equipment.
Any attorney, physician, osteopath, podiatrist, chiropractor,
dentist, psychologist, any employee of a hospital as defined in
section 3701.01 of the Revised Code, any nurse licensed under
Chapter 4723. of the Revised Code, any employee of an ambulatory
health facility, any employee of a home health agency, any
employee of an adult care facility as defined in section 3722.01
5119.70 of the Revised Code, any employee of a nursing home,
residential care facility, or home for the aging, as defined in
section 3721.01 of the Revised Code, any senior service provider,
any peace officer, coroner, clergyman, any employee of a community
mental health facility, and any person engaged in social work or
counseling having reasonable cause to believe that an adult is
being abused, neglected, or exploited, or is in a condition which
is the result of abuse, neglect, or exploitation shall immediately
report such belief to the county department of job and family
services. This section does not apply to employees of any hospital
or public hospital as defined in section 5122.01 of the Revised
Code.
(B) Any person having reasonable cause to believe that an
adult has suffered abuse, neglect, or exploitation may report, or
cause reports to be made of such belief to the department.
(C) The reports made under this section shall be made orally
or in writing except that oral reports shall be followed by a
written report if a written report is requested by the department.
Written reports shall include:
(1) The name, address, and approximate age of the adult who
is the subject of the report;
(2) The name and address of the individual responsible for
the adult's care, if any individual is, and if the individual is
known;
(3) The nature and extent of the alleged abuse, neglect, or
exploitation of the adult;
(4) The basis of the reporter's belief that the adult has
been abused, neglected, or exploited.
(D) Any person with reasonable cause to believe that an adult
is suffering abuse, neglect, or exploitation who makes a report
pursuant to this section or who testifies in any administrative or
judicial proceeding arising from such a report, or any employee of
the state or any of its subdivisions who is discharging
responsibilities under section 5101.62 of the Revised Code shall
be immune from civil or criminal liability on account of such
investigation, report, or testimony, except liability for perjury,
unless the person has acted in bad faith or with malicious
purpose.
(E) No employer or any other person with the authority to do
so shall discharge, demote, transfer, prepare a negative work
performance evaluation, or reduce benefits, pay, or work
privileges, or take any other action detrimental to an employee or
in any way retaliate against an employee as a result of the
employee's having filed a report under this section.
(F) Neither the written or oral report provided for in this
section nor the investigatory report provided for in section
5101.62 of the Revised Code shall be considered a public record as
defined in section 149.43 of the Revised Code. Information
contained in the report shall upon request be made available to
the adult who is the subject of the report, to agencies authorized
by the department to receive information contained in the report,
and to legal counsel for the adult.
Sec. 5104.32. (A) Except as provided in division (C) of this
section, all purchases of publicly funded child care shall be made
under a contract entered into by a licensed child day-care center,
licensed type A family day-care home, certified type B family
day-care home, certified in-home aide, approved child day camp,
licensed preschool program, licensed school child program, or
border state child care provider and the county department of job
and family services. A county department of job and family
services may enter into a contract with a provider for publicly
funded child care for a specified period of time or upon a
continuous basis for an unspecified period of time. All contracts
for publicly funded child care shall be contingent upon the
availability of state and federal funds. The department
of job and
family services shall prescribe a standard form to be used for all
contracts for the purchase of publicly funded child care,
regardless of the source of public funds used to purchase the
child care. To the extent permitted by federal law and
notwithstanding any other provision of the Revised Code that
regulates state or county contracts or contracts involving the
expenditure of state, county, or federal funds, all contracts for
publicly funded child care shall be entered into in accordance
with the provisions of this chapter and are exempt from any other
provision of the Revised Code that regulates state or county
contracts or contracts involving the expenditure of state, county,
or federal funds.
(B) Each contract for publicly funded child care shall
specify at least the following:
(1) That the provider of publicly funded child care agrees to
be paid for rendering services at the lowest lower of the rate
customarily charged by the provider for children enrolled for
child care, or the reimbursement ceiling or rate of payment
established pursuant to section 5104.30 of the Revised Code, or a
rate the county department negotiates with the provider;
(2) That, if a provider provides child care to an individual
potentially eligible for publicly funded child care who is
subsequently determined to be eligible, the
county department
agrees to pay for all child care provided between the date the
county department of job and family services receives the
individual's completed application and the date the individual's
eligibility is determined;
(3) Whether the county department of job and family services,
the provider, or a child care resource and referral service
organization will make eligibility determinations, whether the
provider or a child care resource and referral service
organization will be required to collect information to be used by
the county department to make eligibility determinations, and the
time period within which the provider or child care resource and
referral service organization is required to complete required
eligibility determinations or to transmit to the county department
any information collected for the purpose of making eligibility
determinations;
(4) That the provider, other than a border state child care
provider, shall continue to be licensed, approved, or certified
pursuant to this chapter and shall comply with all standards and
other requirements in this chapter and in rules adopted pursuant
to this chapter for maintaining the provider's license, approval,
or certification;
(5) That, in the case of a border state child care provider,
the provider shall continue to be licensed, certified, or
otherwise approved by the state in which the provider is located
and shall comply with all standards and other requirements
established by that state for maintaining the provider's license,
certificate, or other approval;
(6) Whether the provider will be paid by the county
department of job and family services, the state department of job
and family services, or in some other manner as prescribed by
rules adopted under section 5104.42 of the Revised Code;
(7) That the contract is subject to the availability of state
and federal funds;
(8) That, in the case of a certified type B family day-care
home, the provider will be paid according to an hourly
reimbursement rate when day care is provided for one-tenth of an
hour to nine and nine-tenths hours per week. For the purpose of
the hourly reimbursement rate, a part-time week shall be
considered ten hours to twenty-four and nine-tenths hours of day
care.
(C) Unless specifically prohibited by federal law or by rules
adopted under section 5104.42 of the Revised Code, the county
department of job and family services shall give individuals
eligible for publicly funded child care the option of obtaining
certificates for payment that the individual may use to purchase
services from any provider qualified to provide publicly funded
child care under section 5104.31 of the Revised Code. Providers of
publicly funded child care may present these certificates for
payment for reimbursement in accordance with rules that the
director of job and family services shall adopt. Only providers
may receive reimbursement payment for certificates for payment.
The value of the certificate for payment shall be based on the
lowest lower of the rate customarily charged by the provider, the
reimbursement ceiling or the rate of payment established pursuant
to section 5104.30 of the Revised Code, or a rate the county
department negotiates with the provider. The county department may
provide the certificates for payment to the individuals or may
contract with child care providers or child care resource and
referral service organizations that make determinations of
eligibility for publicly funded child care pursuant to contracts
entered into under section 5104.34 of the Revised Code for the
providers or resource and referral service organizations to
provide the certificates for payment to individuals whom they
determine are eligible for publicly funded child care.
For each six-month period a provider of publicly funded child
care provides publicly funded child day-care to the child of an
individual given certificates for payment, the individual shall
provide the provider certificates for days the provider would have
provided publicly funded child care to the child had the child
been present. The maximum number of days providers shall be
provided certificates shall not exceed ten days in a six-month
period during which publicly funded child care is provided to the
child regardless of the number of providers that provide publicly
funded child care to the child during that period.
Sec. 5104.341. (A) Except as provided in division (B) of
this section, both of the following apply:
(1) An eligibility determination made under section 5104.34
of the Revised Code for publicly funded child care is valid for
one year;
(2) The county department of job and family services shall
adjust the appropriate level of a fee charged under division (B)
of section 5104.34 of the Revised Code if a caretaker parent
reports changes in income, family size, or both.
(B) Division (A) of this section does not apply in either of
the following circumstances:
(1) The publicly funded child care is provided under division
(B)(4) of section 5104.35 of the Revised Code;
(2) The if the recipient of the publicly funded child care
ceases to be eligible for publicly funded child care.
Sec. 5104.35. (A) The Each county department of job and
family services shall do all of the following:
(1) Accept any gift, grant, or other funds from either public
or private sources offered unconditionally or under conditions
which are, in the judgment of the department, proper and
consistent with this chapter and deposit the funds in the county
public assistance fund established by section 5101.161 of the
Revised Code;
(2) Recruit individuals and groups interested in
certification as in-home aides or in developing and operating
suitable licensed child day-care centers, type A family day-care
homes, or certified type B family day-care homes, especially in
areas with high concentrations of recipients of public assistance,
and for that purpose provide consultation to interested
individuals and groups on request;
(3) Inform clients of the availability of child care
services;
(4) Pay to a child day-care center, type A family day-care
home, certified type B family day-care home, in-home aide,
approved child day camp, licensed preschool program, licensed
school child program, or border state child care provider for
child care services, the amount provided for in division (B) of
section 5104.32 of the Revised Code. If part of the cost of care
of a child is paid by the child's parent or any other person, the
amount paid shall be subtracted from the amount the provider is
paid.
(5) In accordance with rules adopted pursuant to section
5104.39 of the Revised Code, provide monthly reports to the
director of job and family services and the director of budget and
management regarding expenditures for the purchase of publicly
funded child care.
(B) The A county department of job and family services may
do
any of the following:
(1) To, to the extent permitted by federal law, use public
child care funds to extend the hours of operation of the county
department to accommodate the needs of working caretaker parents
and enable those parents to apply for publicly funded child care;
(2) In accordance with rules adopted by the director of job
and family services, request a waiver of the reimbursement ceiling
established pursuant to section 5104.30 of the Revised Code for
the purpose of paying a higher rate for publicly funded child care
based upon the special needs of a child;
(3) To the extent permitted by federal law, use state and
federal funds to pay deposits and other advance payments that a
provider of child care customarily charges all children who
receive child care from that provider;
(4) To the extent permitted by federal law, pay for up to
thirty days of child care for a child whose caretaker parent is
seeking employment, taking part in employment orientation
activities, or taking part in activities in anticipation of
enrollment or attendance in an education or training program or
activity, if the employment or education or training program or
activity is expected to begin within the thirty-day period.
Sec. 5104.37. The department of job and family services
and
a county department of job and family services may withhold any
money due, and recover through any appropriate method any money
erroneously paid, under this chapter if evidence exists of less
than full compliance with this chapter and any rules adopted under
it.
Sec. 5104.38. In addition to any other rules adopted under
this chapter, the director of job and family services shall adopt
rules in accordance with Chapter 119. of the Revised Code
governing financial and administrative requirements for publicly
funded child care and establishing all of the following:
(A) Procedures and criteria to be used in making
determinations of eligibility for publicly funded child care that
give priority to children of families with lower incomes and
procedures and criteria for eligibility for publicly funded
protective child care. The rules shall specify the maximum amount
of income a family may have for initial and continued eligibility.
The maximum amount shall not exceed two hundred per cent of the
federal poverty line. The rules may specify exceptions to the
eligibility requirements in the case of a family that previously
received publicly funded child care and is seeking to have the
child care reinstated after the family's eligibility was
terminated.
(B) Procedures under which a county department of job and
family services may, if the department, under division (A) of this
section, specifies a maximum amount of income a family may have
for eligibility for publicly funded child care that is less than
the maximum amount specified in that division, specify a maximum
amount of income a family residing in the county the county
department serves may have for initial and continued eligibility
for publicly funded child care that is higher than the amount
specified by the department but does not exceed the maximum amount
specified in division (A) of this section;
(C) A schedule of fees requiring all eligible caretaker
parents to pay a fee for publicly funded child care according to
income and family size, which shall be uniform for all types of
publicly funded child care, except as authorized by rule, and, to
the extent permitted by federal law, shall permit the use of state
and federal funds to pay the customary deposits and other advance
payments that a provider charges all children who receive child
care from that provider. The schedule of fees may not provide for
a caretaker parent to pay a fee that exceeds ten per cent of the
parent's family income.
(D) A formula based upon a percentage of the county's total
expenditures for publicly funded child care for determining the
maximum amount of state and federal funds appropriated for
publicly funded child care that may be allocated to a county
department may to use for administrative purposes;
(E) Procedures to be followed by the department and county
departments in recruiting individuals and groups to become
providers of child care;
(F) Procedures to be followed in establishing state or local
programs designed to assist individuals who are eligible for
publicly funded child care in identifying the resources available
to them and to refer the individuals to appropriate sources to
obtain child care;
(G) Procedures to deal with fraud and abuse committed by
either recipients or providers of publicly funded child care;
(H) Procedures for establishing a child care grant or loan
program in accordance with the child care block grant act;
(I) Standards and procedures for applicants to apply for
grants and loans, and for the department to make grants and loans;
(J) A definition of "person who stands in loco parentis" for
the purposes of division (II)(1) of section 5104.01 of the Revised
Code;
(K) Procedures for a county department of job and family
services to follow in making eligibility determinations and
redeterminations for publicly funded child care available through
telephone, computer, and other means at locations other than the
county department;
(L) If the director establishes a different reimbursement
ceiling under division (E)(3)(d) of section 5104.30 of the Revised
Code, standards and procedures for determining the amount of the
higher payment that is to be issued to a child care provider based
on the special needs of the child being served;
(M) To the extent permitted by federal law, procedures for
paying for up to thirty days of child care for a child whose
caretaker parent is seeking employment, taking part in employment
orientation activities, or taking part in activities in
anticipation of enrolling in or attending an education or training
program or activity, if the employment or the education or
training program or activity is expected to begin within the
thirty-day period;
(N) Any other rules necessary to carry out sections 5104.30
to 5104.39 5104.43 of the Revised Code.
Sec. 5104.39. (A) The director of job and family services
shall adopt rules in accordance with Chapter 119. of the Revised
Code establishing a procedure for monitoring the expenditures of
county departments of job and family services for publicly funded
child care to ensure that expenditures do not exceed the available
federal and state funds for publicly funded child care. The
department of job and family services, with the assistance of the
office of budget and management and the child care advisory
council created pursuant to section 5104.08 of the Revised Code,
shall monitor the anticipated future expenditures of county
departments for publicly funded child care and shall compare those
anticipated future expenditures to available federal and state
funds for publicly funded child care. Whenever the department
determines that the anticipated future expenditures of the county
departments will exceed the available federal and state funds for
publicly funded child care and the department reimburses the
county departments in accordance with rules adopted under section
5104.42 of the Revised Code will exceed the available federal and
state funds, the department shall promptly notify the county
departments of job and family services and, before the available
state and federal funds are used, the director shall issue and
implement an administrative order that shall specify both of the
following:
(1) Priorities for expending the remaining available federal
and state funds for publicly funded child care;
(2) Instructions and procedures to be used by the county
departments regarding eligibility determinations.
(B) The order may do any or all of the following:
(1) Suspend enrollment of all new participants in any program
of publicly funded child care;
(2) Limit enrollment of new participants to those with
incomes at or below a specified percentage of the federal poverty
line;
(3) Disenroll existing participants with income above a
specified percentage of the federal poverty line;
(4) Change the schedule of fees paid by eligible caretaker
parents that has been established pursuant to section 5104.38 of
the Revised Code;
(5) Change the rate of payment for providers of publicly
funded child care that has been established pursuant to section
5104.30 of the Revised Code.
(C) Each county department shall comply with the order no
later than thirty days after it is issued. If the department fails
to notify the county departments and to implement the reallocation
priorities specified in the order before the available federal and
state funds for publicly funded child care are used, the state
department shall provide sufficient funds to the county
departments for publicly funded child care to enable each county
department to pay for all publicly funded child care that was
provided by providers pursuant to contract prior to the date that
the county department received notice under this section and the
state department implemented in that county the priorities.
(D) If after issuing an order under this section to suspend
or limit enrollment of new participants or disenroll existing
participants the department determines that available state and
federal funds for publicly funded child care exceed the
anticipated future expenditures of the county departments for
publicly funded child care, the director may issue and implement
another administrative order increasing income eligibility levels
to a specified percentage of the federal poverty line. The order
shall include instructions and procedures to be used by the county
departments. Each county department shall comply with the order
not later than thirty days after it is issued.
(E) The department of job and family services shall do all of
the following:
(1) Conduct a quarterly evaluation of the program of publicly
funded child care that is operated pursuant to sections 5104.30 to
5104.39 5104.43 of the Revised Code;
(2) Prepare reports based upon the evaluations that specify
for each county the number of participants and amount of
expenditures;
(3) Provide copies of the reports to both houses of the
general assembly and, on request, to interested parties.
Sec. 5104.42. (A) The director of job and family services
shall adopt rules pursuant to section 111.15 of the Revised Code
establishing a payment procedure for publicly funded child care.
The rules may provide that the department of job and family
services will reimburse county departments of job and family
services for payments made to providers of publicly funded child
care, make direct payments to providers, or establish another
system for the payment of publicly funded child care.
Alternately, the (B) The director, by rule adopted in
accordance with section 111.15 of the Revised Code, may establish
a methodology for allocating
among the county departments the
state and federal funds appropriated for all publicly funded child
care
services. If the department chooses to allocate funds for
publicly funded child care, it may provide the funds to each
county department, up to the limit of the county's allocation, by
advancing the funds or reimbursing county care expenditures. The
rules adopted under this section may prescribe procedures for
making the advances or reimbursements. The rules may establish a
method under which the department may determine which county
expenditures for child care services are allowable for use of and
federal funds.
The rules may establish procedures that a county department
shall follow when the county department determines that its
anticipated future expenditures for publicly funded child care
services will exceed the amount of state and federal funds
allocated by the state department. The procedures may include
suspending or limiting enrollment of new participants.
Sec. 5104.43. Each county department of job and family
services shall deposit all funds received from any source for
child care services into the public assistance fund established
under section 5101.161 of the Revised Code. All expenditures by a
county department for publicly funded child care shall be made
from the public assistance fund.
Sec. 5111.012. The (A) Except as provided in division (B) of
this section, the county department of job and family services of
each county shall establish the eligibility for medical assistance
of persons living in the county, and shall notify the department
of job and family services in the manner prescribed by the
department. The county shall be reimbursed for administrative
expenditures in accordance with sections 5101.16, 5101.161, and
5701.01 of the Revised Code. Expenditures for medical assistance
shall be made from funds appropriated to the department of job and
family services for public assistance subsidies. The program shall
conform to the requirements of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C.A. 301, as amended.
(B) If the department of job and family services elects to
enter into agreements with county departments of job and family
services pursuant to division (B) of section 5101.47 of the
Revised Code, a county department of job and family services shall
establish eligibility for medical assistance only if authorized to
do so under such an agreement.
Sec. 5111.013. (A) The provision of medical assistance to
pregnant women and young children who are eligible for medical
assistance under division (A)(3) of section 5111.01 of the Revised
Code, but who are not otherwise eligible for medical assistance
under that section, shall be known as the healthy start program.
(B) The department of job and family services shall do all of
the following with regard to the application procedures for the
healthy start program:
(1) Establish a short application form for the program that
requires the applicant to provide no more information than is
necessary for making determinations of eligibility for the healthy
start program, except that the form may require applicants to
provide their social security numbers. The form shall include a
statement, which must be signed by the applicant, indicating that
she does not choose at the time of making application for the
program to apply for assistance provided under any other program
administered by the department and that she understands that she
is permitted at any other time to apply at the county department
of job and family services of the county in which she resides for
any other assistance administered by the department.
(2) To the extent permitted by federal law, do one or both of
the following:
(a) Distribute the application form for the program to each
public or private entity that serves as a women, infants, and
children clinic or as a child and family health clinic and to each
administrative body for such clinics and train employees of each
such agency or entity to provide applicants assistance in
completing the form;
(b) In cooperation with the department of health, develop
arrangements under which employees of county departments of job
and family services are stationed at public or private agencies or
entities selected by the department of job and family services
that serve as women, infants, and children clinics; child and
family health clinics; or administrative bodies for such clinics
for the purpose both of assisting applicants for the program in
completing the application form and of making determinations at
that location of eligibility for the program.
(3) Establish performance standards by which a county
department of job and family services' level of enrollment of
persons potentially eligible for the program can be measured, and
establish acceptable levels of enrollment for each county
department.
(4) Direct any county department of job and family services
whose rate of enrollment of potentially eligible enrollees in the
program is below acceptable levels established under division
(B)(3) of this section to implement corrective action. Corrective
action may include but is not limited to any one or more of the
following to the extent permitted by federal law:
(a) Establishing formal referral and outreach methods with
local health departments and local entities receiving funding
through the bureau of maternal and child health;
(b) Designating a specialized intake unit within the county
department for healthy start applicants;
(c) Establishing abbreviated timeliness requirements to
shorten the time between receipt of an application and the
scheduling of an initial application interview;
(d) Establishing a system for telephone scheduling of intake
interviews for applicants;
(e) Establishing procedures to minimize the time an applicant
must spend in completing the application and eligibility
determination process, including permitting applicants to complete
the process at times other than the regular business hours of the
county department and at locations other than the offices of the
county department.
(C) To the extent permitted by federal law, local funds,
whether from public or private sources, expended by a county
department for administration of the healthy start program shall
be considered to have been expended by the state for the purpose
of determining the extent to which the state has complied with any
federal requirement that the state provide funds to match federal
funds for medical assistance, except that this division shall not
affect the amount of funds the county is entitled to receive under
section 5101.16, 5101.161, or 5111.012 of the Revised Code.
(D) The director of job and family services shall do one or
both of the following:
(1) To the extent that federal funds are provided for such
assistance, adopt a plan for granting presumptive eligibility for
pregnant women applying for healthy start;
(2) To the extent permitted by federal medicaid regulations,
adopt a plan for making same-day determinations of eligibility for
pregnant women applying for healthy start.
(E) A county department of job and family services that
maintains offices at more than one location shall accept
applications for the healthy start program at all of those
locations.
(F)(E) The director of job and family services shall adopt
rules in accordance with section 111.15 of the Revised Code as
necessary to implement this section.
Sec. 5111.0112. (A) The director of job and family services
shall institute a cost-sharing program under the medicaid program.
In instituting the cost-sharing program, the director shall comply
with federal law.
In the case of an individual participating in
the children's buy-in program established under sections 5101.5211
to 5101.5216 of the Revised Code, the cost-sharing program shall
be consistent with sections 5101.5213 and 5101.5214 of the Revised
Code if the children's buy-in program is a component of the
medicaid program. The cost-sharing program shall establish a
copayment requirement for at least dental services, vision
services, nonemergency emergency department services, and
prescription drugs, other than generic drugs. The cost-sharing
program shall establish requirements regarding premiums,
enrollment fees, deductions, and similar charges. The director
shall adopt rules under section 5111.02 of the Revised Code
governing the cost-sharing program.
(B) The cost-sharing program shall, to the extent permitted
by federal law, provide for all of the following with regard to
any providers participating in the medicaid program:
(1) No provider shall refuse to provide a service to a
medicaid recipient who is unable to pay a required copayment for
the service.
(2) Division (B)(1) of this section shall not be considered
to do either of the following with regard to a medicaid recipient
who is unable to pay a required copayment:
(a) Relieve the medicaid recipient from the obligation to pay
a copayment;
(b) Prohibit the provider from attempting to collect an
unpaid copayment.
(3) Except as provided in division (C) of this section, no
provider shall waive a medicaid recipient's obligation to pay the
provider a copayment.
(4) No provider or drug manufacturer, including the
manufacturer's representative, employee, independent contractor,
or agent, shall pay any copayment on behalf of a medicaid
recipient.
(5) If it is the routine business practice of the provider to
refuse service to any individual who owes an outstanding debt to
the provider, the provider may consider an unpaid copayment
imposed by the cost-sharing program as an outstanding debt and may
refuse service to a medicaid recipient who owes the provider an
outstanding debt. If the provider intends to refuse service to a
medicaid recipient who owes the provider an outstanding debt, the
provider shall notify the individual of the provider's intent to
refuse services.
(C) In the case of a provider that is a hospital, the
cost-sharing program shall permit the hospital to take action to
collect a copayment by providing, at the time services are
rendered to a medicaid recipient, notice that a copayment may be
owed. If the hospital provides the notice and chooses not to take
any further action to pursue collection of the copayment, the
prohibition against waiving copayments specified in division
(B)(3) of this section does not apply.
(D) The department of job and family services may work with a
state agency that is administering, pursuant to a contract entered
into under section 5111.91 of the Revised Code, one or more
components of the medicaid program or one or more aspects of a
component as necessary for the state agency to apply the
cost-sharing program to the components or aspects of the medicaid
program that the state agency administers.
Sec. 5111.0122. As used in this section, "maintenance of
effort requirement" means the requirement established by section
1902(gg) of the "Social Security Act," 124 Stat. 275 (2010), 42
U.S.C. 1396a(gg), as amended, regarding medicaid eligibility
standards, methodologies, and procedures.
Except to the extent, if any, otherwise authorized by the
United States secretary of health and human services, the
department of job and family services shall comply with the
maintenance of effort requirement while the requirement is in
effect.
Sec. 5111.0123. (A) Subject to division (B) of this section,
the director of job and family services may adopt rules under
sections 5111.011 and 5111.85 of the Revised Code to reduce the
complexity of the eligibility determination processes for the
medicaid program caused by the different income and resource
standards for the numerous medicaid eligibility categories.
(B) In implementing division (A) of this section, both of the
following apply:
(1) Before implementing a revision to an eligibility
determination process, the director shall obtain, to the extent
necessary, the approval of the United States secretary of health
and human services in the form of a federal medicaid waiver,
medicaid state plan amendment, or demonstration grant.
(2) The director shall comply with section 5111.0122 of the
Revised Code.
Sec. 5111.0124. (A) As used in this section:
"Children's hospital" has the same meaning as in section
2151.86 of the Revised Code.
"Federally-qualified health center" has the same meaning as
in 42 U.S.C. 1396d(l)(2)(B).
"Presumptive eligibility for pregnant women option" means the
option available under 42 U.S.C. 1396r-1 to make ambulatory
prenatal care available to pregnant women under the medicaid
program during presumptive eligibility periods.
(B) The director of job and family services shall submit a
state medicaid plan amendment to the United States secretary of
health and human services to implement the presumptive eligibility
for pregnant women option. Children's hospitals and
federally-qualified health centers that are eligible to be
qualified providers under section 42 U.S.C. 1396r-1(b)(2) may
serve as qualified providers for purposes of the presumptive
eligibility for pregnant women option.
Sec. 5111.0125. (A) As used in this section:
"Children's hospital" has the same meaning as in section
2151.86 of the Revised Code.
"Federally-qualified health center" has the same meaning as
in 42 U.S.C. 1396d(l)(2)(B).
"Presumptive eligibility for children option" means the
option available under 42 U.S.C. 1396r-1a to make medical
assistance with respect to health care items and services
available to children under the medicaid program during
presumptive eligibility periods.
(B) The director of job and family services shall retain the
presumptive eligibility for children option in the state medicaid
plan. Children's hospitals and federally-qualified health centers
that are eligible to be qualified entities under section 42 U.S.C.
1396r-1a(b)(3) may serve as qualified entities for purposes of the
presumptive eligibility for children option.
Sec. 5111.021. Under the medicaid program:
(A)
Except as otherwise permitted by federal statute or
regulation and at the department's discretion, reimbursement by
the The department of job and family services to shall not
reimburse a medical provider for any medical service assistance
rendered under the program shall not exceed an amount that exceeds
the following:
(1) If the provider is a hospital, nursing facility, or
intermediate care facility for the mentally retarded, the limits
established under Subpart C of 42 C.F.R. Part 447;
(2) If the provider is other than a provider described in
division (A)(1) of this section, the authorized reimbursement
level limits for the same service under the medicare program
established under Title XVIII of the "Social Security Act," 79
Stat. 286 (1965), 42 U.S.C. 1395, as amended.
(B) Reimbursement for freestanding medical laboratory charges
shall not exceed the customary and usual fee for laboratory
profiles.
(C) The department may deduct from payments for services
rendered by a medicaid provider under the medicaid program any
amounts the provider owes the state as the result of incorrect
medicaid payments the department has made to the provider.
(D) The department may conduct final fiscal audits in
accordance with the applicable requirements set forth in federal
laws and regulations and determine any amounts the provider may
owe the state. When conducting final fiscal audits, the department
shall consider generally accepted auditing standards, which
include the use of statistical sampling.
(E) The number of days of inpatient hospital care for which
reimbursement is made on behalf of a medicaid recipient to a
hospital that is not paid under a diagnostic-related-group
prospective payment system shall not exceed thirty days during a
period beginning on the day of the recipient's admission to the
hospital and ending sixty days after the termination of that
hospital stay, except that the department may make exceptions to
this limitation. The limitation does not apply to children
participating in the program for medically handicapped children
established under section 3701.023 of the Revised Code.
(F) The division of any reimbursement between a collaborating
physician or podiatrist and a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner for services
performed by the nurse shall be determined and agreed on by the
nurse and collaborating physician or podiatrist. In no case shall
reimbursement exceed the payment that the physician or podiatrist
would have received had the physician or podiatrist provided the
entire service.
Sec. 5111.0212. As necessary to comply with section
1902(a)(13)(A) of the "Social Security Act," 111 Stat. 507 (1997),
42 U.S.C. 1396a(a)(13)(A), as amended, and any other federal law
that requires public notice of proposed changes to reimbursement
rates for medical assistance provided under the medicaid program,
the director of job and family services shall give public notice
in the register of Ohio of any change to a method or standard used
to determine the medicaid reimbursement rate for medical
assistance.
Sec. 5111.0213. (A) As used in this section:
(1) "Aide services" means all of the following:
(a) Home health aide services available under the home health
services benefit pursuant to 42 C.F.R. 440.70(b)(2);
(b) Home care attendant services available under a home and
community-based services medicaid waiver component;
(c) Personal care aide services available under a home and
community-based services medicaid waiver component.
(2) "Home and community-based services medicaid waiver
component" has the same meaning as in section 5111.85 of the
Revised Code.
(3) "Nursing services" means all of the following:
(a) Nursing services available under the home health services
benefit pursuant to 42 C.F.R. 440.70(b)(1);
(b) Private duty nursing services as defined in 42 C.F.R.
440.80;
(c) Nursing services available under a home and
community-based services medicaid waiver component.
(B) The department of job and family services shall do both
of the following:
(1) Effective not later than October 1, 2011, reduce the
medicaid program's first-hour-unit price for aide services and
nursing services in a manner that reflects, at a minimum, labor
market data that shows the medicaid and non-medicaid reimbursement
rates for such services or similar services;
(2) Not sooner than July 1, 2012, adjust the medicaid
reimbursement rates for aide services and nursing services in a
manner that reflects, at a minimum, labor market data, education
and licensure status, home health agency and non-agency provider
status, and length of service visit.
(C) The department shall strive to have the adjustment made
under division (B)(2) of this section go into effect on July 1,
2012. The reduction made under division (B)(1) of this section
shall remain in effect until the adjustment made under division
(B)(2) of this section goes into effect.
(D) The director of job and family services shall adopt rules
under sections 5111.02 and 5111.85 of the Revised Code as
necessary to implement this section.
Sec. 5111.0214. The department of job and family services
shall not knowingly make a medicaid payment for a
provider-preventable condition for which federal financial
participation is prohibited by regulations adopted under section
2702 of the "Patient Protection and Affordable Care Act," 124
Stat. 318 (2010), 42 U.S.C. 1396b-1. The director of job and
family services shall adopt rules under section 5111.02 of the
Revised Code as necessary to implement this section.
Sec. 5111.0215. (A) The department of job and family services
may establish a program under which it provides incentive
payments, as authorized by the "Health Information Technology for
Economic and Clinical Health Act," 123 Stat. 489 (2009), 42 U.S.C.
1396b(a)(3)(F) and 1396b(t), as amended, to encourage the adoption
and use of electronic health record technology by medicaid
providers who are identified under that federal law as eligible
professionals.
(B) After the department has made a determination regarding
the amount of a medicaid provider's electronic health record
incentive payment or the denial of an incentive payment, the
department shall notify the provider. The provider may request
that the department reconsider its determination.
A request for reconsideration shall be submitted in writing
to the department not later than fifteen days after the provider
receives notification of the determination. The request shall be
accompanied by written materials setting forth the basis for, and
supporting, the reconsideration request.
On receipt of a timely request, the department shall
reconsider the determination. On the basis of the written
materials accompanying the request, the department may uphold,
reverse, or modify its original determination. The department
shall mail to the provider by certified mail a written notice of
the reconsideration decision.
In accordance with Chapter 2505. of the Revised Code, the
medicaid provider may appeal the reconsideration decision by
filing a notice of appeal with the court of common pleas of
Franklin county. The notice shall identify the decision being
appealed and the specific grounds for the appeal. The notice of
appeal shall be filed not later than fifteen days after the
department mails its notice of the reconsideration decision. A
copy of the notice of appeal shall be filed with the department
not later than three days after the notice is filed with the
court.
(C) The director of job and family services may adopt rules
in accordance with Chapter 119. of the Revised Code as necessary
to implement this section.
Sec. 5111.023. (A) As used in this section:
(1) "Community mental health agency or facility" means a
community mental health agency or facility that has a quality
assurance program accredited by the joint commission on
accreditation of healthcare organizations or is its community
mental health services certified by the department of mental
health under section 5119.611 of the Revised Code or by the
department of job and family services.
(2) "Mental health professional" means a person qualified to
work with mentally ill persons under the standards established by
the director of mental health pursuant to section 5119.611 of the
Revised Code.
(B) The state medicaid plan shall may include provision of
the following mental health services when provided by community
mental health agencies or facilities:
(1) Outpatient mental health services, including, but not
limited to, preventive, diagnostic, therapeutic, rehabilitative,
and palliative interventions rendered to individuals in an
individual or group setting by a mental health professional in
accordance with a plan of treatment appropriately established,
monitored, and reviewed;
(2) Partial-hospitalization mental health services rendered
by persons directly supervised by a mental health professional;
(3) Unscheduled, emergency mental health services of a kind
ordinarily provided to persons in crisis when rendered by persons
supervised by a mental health professional;
(4) Subject to receipt of federal approval, assertive
community treatment and intensive home-based mental health
services.
(C) The comprehensive annual plan shall certify the
availability of sufficient unencumbered community mental health
state subsidy and local funds to match federal medicaid
reimbursement funds earned by community mental health facilities.
(D) The department of job and family services shall enter
into a separate contract with the department of mental health
under section 5111.91 of the Revised Code with regard to the
component of the medicaid program provided for by this section.
(E) Not later than July 21, 2006, the department of job and
family services shall request federal approval to provide
assertive community treatment and intensive home-based mental
health services under medicaid pursuant to this section.
(F) On receipt of federal approval sought under division (E)
of this section, the director of job and family services shall
adopt rules in accordance with Chapter 119. of the Revised Code
for assertive community treatment and intensive home-based mental
health services provided under medicaid pursuant to this section.
The director shall consult with the department of mental health in
adopting the rules.
Sec. 5111.025. (A) In rules adopted under section 5111.02 of
the Revised Code, the director of job and family services shall
modify the manner or establish a new manner in which the following
are paid under medicaid:
(1) Community mental health agencies or facilities for
providing
community mental health services included in the state
medicaid plan pursuant to section 5111.023 of the Revised Code;
(2) Providers of alcohol and drug addiction services for
providing alcohol and drug addiction services included in the
medicaid program pursuant to rules adopted under section 5111.02
of the Revised Code.
(B) The director's authority to modify the manner, or to
establish a new manner, for medicaid to pay for the services
specified in division (A) of this section is not limited by any
rules adopted under section 5111.02 or 5119.61 of the Revised Code
that are in effect on June 26, 2003, and govern the way medicaid
pays for those services. This is the case regardless of what state
agency adopted the rules.
Sec. 5111.031. (A) As used in this section:
(1) "Independent provider" has the same meaning as in section
5111.034 of the Revised Code.
(2) "Intermediate care facility for the mentally retarded"
and "nursing facility" have the same meanings as in section
5111.20 of the Revised Code.
(3) "Noninstitutional medicaid provider" means any person or
entity with a medicaid provider agreement other than a hospital,
nursing facility, or intermediate care facility for the mentally
retarded.
(4) "Owner" means any person having at least five per cent
ownership in a noninstitutional medicaid provider.
(B) Notwithstanding any provision of this chapter to the
contrary, the department of job and family services shall take
action under this section against a noninstitutional medicaid
provider or its owner, officer, authorized agent, associate,
manager, or employee.
(C) Except as provided in division (D) of this section and in
rules adopted by the department under division (H) of this
section, on receiving notice and a copy of an indictment that is
issued on or after the effective date of this section September
29, 2007, and charges a noninstitutional medicaid provider or its
owner, officer, authorized agent, associate, manager, or employee
with committing an offense specified in division (E) of this
section, the department shall suspend the provider agreement held
by the noninstitutional medicaid provider. Subject to division (D)
of this section, the department shall also terminate medicaid
reimbursement to the provider for services rendered.
The suspension shall continue in effect until the proceedings
in the criminal case are completed through conviction, dismissal
of the indictment, or through conviction, entry of a guilty plea,
or finding of not guilty. If the department commences a process to
terminate the suspended provider agreement, the suspension shall
also continue in effect until the termination process is
concluded. Pursuant
Pursuant to section 5111.06 of the Revised Code, the
department is not required to take action under this division by
issuing an order pursuant to an adjudication conducted in
accordance with Chapter 119. of the Revised Code.
When subject to a suspension under this division, a provider,
owner, officer, authorized agent, associate, manager, or employee
shall not own or provide services to any other medicaid provider
or risk contractor or arrange for, render, or order services for
medicaid recipients during the period of suspension. During the
period of suspension, the provider, owner, officer, authorized
agent, associate, manager, or employee shall not receive
reimbursement in the form of direct payments from the department
or indirect payments of medicaid funds in the form of salary,
shared fees, contracts, kickbacks, or rebates from or through any
participating provider or risk contractor.
(D)(1) The department shall not suspend a provider agreement
or terminate medicaid reimbursement under division (C) of this
section if the provider or owner can demonstrate through the
submission of written evidence that the provider or owner did not
directly or indirectly sanction the action of its authorized
agent, associate, manager, or employee that resulted in the
indictment.
(2) The termination of medicaid reimbursement applies only to
payments for medicaid services rendered subsequent to the date on
which the notice required under division (F) of this section is
sent. Claims for reimbursement for medicaid services rendered by
the provider prior to the issuance of the notice may be subject to
prepayment review procedures whereby the department reviews claims
to determine whether they are supported by sufficient
documentation, are in compliance with state and federal statutes
and rules, and are otherwise complete.
(E)(1) In the case of a noninstitutional medicaid provider
that is not an independent provider, the suspension of a provider
agreement under division (C) of this section applies when an
indictment charges a person with committing an act that would be a
felony or misdemeanor under the laws of this state and the act
relates to or results from either of the following:
(a) Furnishing or billing for medical care, services, or
supplies under the medicaid program;
(b) Participating in the performance of management or
administrative services relating to furnishing medical care,
services, or supplies under the medicaid program.
(2) In the case of a noninstitutional medicaid provider that
is an independent provider, the suspension of a provider agreement
under division (C) of this section applies when an indictment
charges a person with committing an act that would constitute one
of the offenses specified in division (D) of section 5111.034 of
the Revised Code.
(F) Not later than five days after suspending a provider
agreement under division (C) of this section, the department shall
send notice of the suspension to the affected provider or owner.
In providing the notice, the department shall do all of the
following:
(1) Describe the indictment that was the cause of the
suspension, without necessarily disclosing specific information
concerning any ongoing civil or criminal investigation;
(2) State that the suspension will continue in effect until
the proceedings in the criminal case are completed through
conviction, dismissal of the indictment, or through conviction,
entry of a guilty plea, or finding of not guilty and, if the
department commences a process to terminate the suspended provider
agreement, until the termination process is concluded;
(3) Inform the provider or owner of the opportunity to submit
to the department, not later than thirty days after receiving the
notice, a request for a reconsideration pursuant to division (G)
of this section.
(G)(1) A Pursuant to the procedure specified in division
(G)(2) of this section, a noninstitutional medicaid provider or
owner subject to a suspension under this section may request a
reconsideration. The request shall be made not later than thirty
days after receipt of the notice provided under division (F) of
this section. The reconsideration is not subject to an
adjudication hearing pursuant to Chapter 119. of the Revised Code.
(2) In requesting a reconsideration, the provider or owner
shall submit written information and documents to the department.
The information and documents may pertain to any of the following
issues:
(a) Whether the determination to suspend the provider
agreement was based on a mistake of fact, other than the validity
of the indictment;
(b) Whether any offense charged in the indictment resulted
from an offense specified in division (E) of this section;
(c) Whether the provider or owner can demonstrate that the
provider or owner did not directly or indirectly sanction the
action of its authorized agent, associate, manager, or employee
that resulted in the indictment.
(3) The department shall review the information and documents
submitted in a request for reconsideration. After the review, the
suspension may be affirmed, reversed, or modified, in whole or in
part. The department shall notify the affected provider or owner
of the results of the review. The review and notification of its
results shall be completed not later than forty-five days after
receiving the information and documents submitted in a request for
reconsideration.
(H) The department may adopt rules in accordance with Chapter
119. of the Revised Code to implement this section. The rules may
specify circumstances under which the department would not suspend
a provider agreement pursuant to this section.
Sec. 5111.035. (A) As used in this section:
(1) "Creditable allegation of fraud" has the same meaning as
in 42 C.F.R. 455.2, except that for purposes of this section any
reference in that regulation to the "state" or the "state medicaid
agency" means the department of job and family services.
(2) "Provider" has the same meaning as in section 5111.032 of
the Revised Code.
(3) "Owner" has the same meaning as in section 5111.031 of
the Revised Code.
(B)(1) Except as provided in division (C) of this section and
in rules adopted by the department of job and family services
under division (J) of this section, on determining there is a
creditable allegation of fraud for which an investigation is
pending under the medicaid program against a provider, the
department shall suspend the provider agreement held by the
provider. Subject to division (C) of this section, the department
shall also terminate medicaid reimbursement to the provider for
services rendered.
(2)(a) The suspension shall continue in effect until either
of the following is the case:
(i) The department or a prosecuting authority determines that
there is insufficient evidence of fraud by the provider;
(ii) The proceedings in any related criminal case are
completed through dismissal of the indictment or through
conviction, entry of a guilty plea, or finding of not guilty.
(b) If the department commences a process to terminate the
suspended provider agreement, the suspension shall also continue
in effect until the termination process is concluded.
(3) Pursuant to section 5111.06 of the Revised Code, the
department is not required to take action under division (B)(1) of
this section by issuing an order pursuant to an adjudication in
accordance with Chapter 119. of the Revised Code.
(4) When subject to a suspension under this section, a
provider, owner, officer, authorized agent, associate, manager, or
employee shall not own or provide services to any other medicaid
provider or risk contractor or arrange for, render, or order
services to any other medicaid provider or risk contractor or
arrange for, render, or order services for medicaid recipients
during the period of suspension. During the period of suspension,
the provider, owner, officer, authorized agent, associate,
manager, or employee shall not receive reimbursement in the form
of direct payments from the department or indirect payments of
medicaid funds in the form of salary, shared fees, contracts,
kickbacks, or rebates from or through any participating provider
or risk contractor.
(C) The department shall not suspend a provider agreement or
terminate medicaid reimbursement under division (B) of this
section if the provider or owner can demonstrate through the
submission of written evidence that the provider or owner did not
directly or indirectly sanction the action of its authorized
agent, associate, manager, or employee that resulted in the
creditable allegation of fraud.
(D) The termination of medicaid reimbursement under division
(B) of this section applies only to payments for medicaid services
rendered subsequent to the date on which the notice required by
division (E) of this section is sent. Claims for reimbursement of
medicaid services rendered by the provider prior to the issuance
of the notice may be subject to prepayment review procedures
whereby the department reviews claims to determine whether they
are supported by sufficient documentation, are in compliance with
state and federal statutes and rules, and are otherwise complete.
(E) After suspending a provider agreement under division (B)
of this section, the department shall, as specified in 42 C.F.R.
455.23(b), send notice of the suspension to the affected provider
or owner in accordance with the following timeframes:
(1) Not later than five days after the suspension, unless a
law enforcement agency makes a written request to temporarily
delay the notice;
(2) If a law enforcement agency makes a written request to
temporarily delay the notice, not later than thirty days after the
suspension occurs subject to the conditions specified in division
(F) of this section.
(F) A written request for a temporary delay described in
division (E)(2) of this section may be renewed in writing by a law
enforcement agency not more than two times except that under no
circumstances shall the notice be issued more than ninety days
after the suspension occurs.
(G) The notice required by division (E) of this section shall
do all of the following:
(1) State that payments are being suspended in accordance
with this section and 42 C.F.R. 455.23;
(2) Set forth the general allegations related to the nature
of the conduct leading to the suspension, except that it is not
necessary to disclose any specific information concerning an
ongoing investigation;
(3) State that the suspension continues to be in effect until
either of the following is the case:
(a) The department or a prosecuting authority determines that
there is insufficient evidence of fraud by the provider;
(b) The proceedings in any related criminal case are
completed through dismissal of the indictment or through
conviction, entry of a guilty plea, or finding of not guilty and,
if the department commences a process to terminate the suspended
provider agreement, until the termination process is concluded.
(4) Specify, if applicable, the type or types of medicaid
claims or business units of the provider that are affected by the
suspension;
(5) Inform the provider or owner of the opportunity to submit
to the department, not later than thirty days after receiving the
notice, a request for reconsideration of the suspension in
accordance with division (H) of this section.
(H)(1) Pursuant to the procedure specified in division (H)(2)
of this section, a provider or owner subject to a suspension under
this section may request a reconsideration of the suspension. The
request shall be made not later than thirty days after receipt of
a notice required by division (E) of this section. The
reconsideration is not subject to an adjudication hearing pursuant
to Chapter 119. of the Revised Code.
(2) In requesting a reconsideration, the provider or owner
shall submit written information and documents to the department.
The information and documents may pertain to any of the following
issues:
(a) Whether the determination to suspend the provider
agreement was based on a mistake of fact, other than the validity
of an indictment in a related criminal case.
(b) If there has been an indictment in a related criminal
case, whether any offense charged in the indictment resulted from
an offense specified in division (E) of section 5111.031 of the
Revised Code.
(c) Whether the provider or owner can demonstrate that the
provider or owner did not directly or indirectly sanction the
action of its authorized agent, associate, manager, or employee
that resulted in the suspension under this section or an
indictment in a related criminal case.
(I) The department shall review the information and documents
submitted in a request made under division (H) of this section for
reconsideration of a suspension. After the review, the suspension
may be affirmed, reversed, or modified, in whole or in part. The
department shall notify the affected provider or owner of the
results of the review. The review and notification of its results
shall be completed not later than forty-five days after receiving
the information and documents submitted in a request for
reconsideration.
(J) The department may adopt rules in accordance with Chapter
119. of the Revised Code to implement this section. The rules may
specify circumstances under which the department would not suspend
a provider agreement pursuant to this section.
Sec. 5111.051. The director of job and family services may
submit a medicaid state plan amendment or request for a federal
waiver to the United States secretary of health and human services
as necessary to implement, at the director's discretion, a system
under which payments for medical assistance provided under the
medicaid program are made to an organization on behalf of the
providers of the medical assistance. The system may not provide
for an organization to receive an amount that exceeds, in
aggregate, the amount the department would have paid directly to
the providers if not for this section.
Sec. 5111.052. (A) As used in this section, "electronic
claims submission process" means any of the following:
(1) Electronic interchange of data;
(2) Direct entry of data through an internet-based mechanism
implemented by the department of job and family services;
(3) Any other process for the electronic submission of claims
that is specified in rules adopted under this section.
(B) Not later than January 1, 2013, and except as provided
in division (C) of this section, each provider of services to
medicaid recipients shall do both of the following:
(1) Use only an electronic claims submission process to
submit to the department of job and family services claims for
medicaid reimbursement for services provided to medicaid
recipients;
(2) Arrange to receive medicaid reimbursement from the
department by means of electronic funds transfer.
(C) Division (B) of this section does not apply to any of the
following:
(1) A nursing facility, as defined in section 5111.20 of the
Revised Code;
(2) An intermediate care facility for the mentally retarded,
as defined in section 5111.20 of the Revised Code;
(3) A medicaid managed care organization under contract with
the department pursuant to section 5111.17 of the Revised Code;
(4) Any other provider or type of provider designated in
rules adopted under this section.
(D) The department shall not process a medicaid claim
submitted on or after January 1, 2013, unless the claim is
submitted through an electronic claims submission process in
accordance with this section.
(E) The director of job and family services may adopt rules
in accordance with Chapter 119. of the Revised Code as the
director considers necessary to implement this section.
Sec. 5111.06. (A)(1) As used in this section and in sections
5111.061 and 5111.062 5111.063 of the Revised Code:
(a) "Provider" means any person, institution, or entity that
furnishes medicaid services under a provider agreement with the
department of job and family services pursuant to Title XIX of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended.
(b) "Party" has the same meaning as in division (G) of
section 119.01 of the Revised Code.
(c) "Adjudication" has the same meaning as in division (D) of
section 119.01 of the Revised Code.
(2) This section does not apply to any action taken by the
department of job and family services under sections 5111.35 to
5111.62 of the Revised Code.
(B) Except as provided in division (D) of this section and
section 5111.914 of the Revised Code, the department shall do
either of the following by issuing an order pursuant to an
adjudication conducted in accordance with Chapter 119. of the
Revised Code:
(1) Enter into or refuse to enter into a provider agreement
with a provider, or suspend, terminate, renew, or refuse to renew
an existing provider agreement with a provider;
(2) Take any action based upon a final fiscal audit of a
provider.
(C) Any party who is adversely affected by the issuance of an
adjudication order under division (B) of this section may appeal
to the court of common pleas of Franklin county in accordance with
section 119.12 of the Revised Code.
(D) The department is not required to comply with division
(B)(1) of this section whenever any of the following occur:
(1) The terms of a provider agreement require the provider to
hold a license, permit, or certificate or maintain a certification
issued by an official, board, commission, department, division,
bureau, or other agency of state or federal government other than
the department of job and family services, and the license,
permit, certificate, or certification has been denied, revoked,
not renewed, suspended, or otherwise limited.
(2) The terms of a provider agreement require the provider to
hold a license, permit, or certificate or maintain certification
issued by an official, board, commission, department, division,
bureau, or other agency of state or federal government other than
the department of job and family services, and the provider has
not obtained the license, permit, certificate, or certification.
(3) The provider agreement is denied, terminated, or not
renewed due to the termination, refusal to renew, or denial of a
license, permit, certificate, or certification by an official,
board, commission, department, division, bureau, or other agency
of this state other than the department of job and family
services, notwithstanding the fact that the provider may hold a
license, permit, certificate, or certification from an official,
board, commission, department, division, bureau, or other agency
of another state.
(4) The provider agreement is denied, terminated, or not
renewed pursuant to division (C) or (F) of section 5111.03 of the
Revised Code.
(5) The provider agreement is denied, terminated, or not
renewed due to the provider's termination, suspension, or
exclusion from the medicare program established under Title XVIII
of the "Social Security Act," or from another state's medicaid
program and, in either case, the termination, suspension, or
exclusion is binding on the provider's participation in the
medicaid program in this state.
(6) The provider agreement is denied, terminated, or not
renewed due to the provider's pleading guilty to or being
convicted of a criminal activity materially related to either the
medicare or medicaid program.
(7) The provider agreement is denied, terminated, or
suspended as a result of action by the United States department of
health and human services and that action is binding on the
provider's participation in the medicaid program.
(8) The Pursuant to either section 5111.031 or 5111.035 of
the Revised Code, the provider agreement is suspended pursuant to
section 5111.031 of the Revised Code and payments to the provider
are suspended pending indictment of the provider.
(9) The provider agreement is denied, terminated, or not
renewed because the provider or its owner, officer, authorized
agent, associate, manager, or employee has been convicted of one
of the offenses that caused the provider agreement to be suspended
pursuant to section 5111.031 of the Revised Code.
(10) The provider agreement is converted under section
5111.028 of the Revised Code from a provider agreement that is not
time-limited to a provider agreement that is time-limited.
(11) The provider agreement is terminated or an application
for re-enrollment is denied because the provider has failed to
apply for re-enrollment within the time or in the manner specified
for re-enrollment pursuant to section 5111.028 of the Revised
Code.
(12) The provider agreement is suspended or terminated, or an
application for enrollment or re-enrollment is denied, for any
reason authorized or required by one or more of the following: 42
C.F.R. 455.106, 455.23, 455.416, 455.434, or 455.450.
(13) The provider agreement is terminated or not renewed
because the provider has not billed or otherwise submitted a
medicaid claim to the department for two years or longer.
(13)(14) The provider agreement is denied, terminated, or not
renewed because the provider fails to provide to the department
the national provider identifier assigned the provider by the
national provider system pursuant to 45 C.F.R. 162.408.
In the case of a provider described in division (D)(12)(13)
or
(13)(14) of this section, the department may take its proposed
action against a provider agreement by sending a notice explaining
the proposed action to the provider. The notice shall be sent to
the provider's address on record with the department. The notice
may be sent by regular mail.
(E) The department may withhold payments for services
rendered by a medicaid provider under the medicaid program during
the pendency of proceedings initiated under division (B)(1) of
this section. If the proceedings are initiated under division
(B)(2) of this section, the department may withhold payments only
to the extent that they equal amounts determined in a final fiscal
audit as being due the state. This division does not apply if the
department fails to comply with section 119.07 of the Revised
Code, requests a continuance of the hearing, or does not issue a
decision within thirty days after the hearing is completed. This
division does not apply to nursing facilities and intermediate
care facilities for the mentally retarded as defined in section
5111.20 of the Revised Code.
Sec. 5111.063. For the purpose of raising funds necessary to
pay the expenses of implementing the provider screening
requirements of subpart E of 42 C.F.R. Part 455, the department of
job and family services shall charge an application fee to a
provider seeking to enter into or renew a medicaid provider
agreement, unless the provider is exempt from paying the
application fee under 42 C.F.R. 455.460(a). The application fees
shall be deposited into the health care services administration
fund created under section 5111.94 of the Revised Code.
The director of job and family services shall adopt rules in
accordance with Chapter 119. of the Revised Code as necessary to
implement this section, including a rule establishing the amount
of the application fee that is charged under this section. The
amount of the application fee shall not be set at an amount that
is more than necessary to pay for the expenses of implementing the
provider screening requirements.
Sec. 5111.085. As used in this section, "federal upper
reimbursement limit" means the limit established pursuant to
section 1927(e) of the "Social Security Act," 104 Stat. 1388-151
(1990), 42 U.S.C. 1396r-8(e), as amended.
The medicaid payment for a drug that is subject to a federal
upper reimbursement limit shall not exceed, in the aggregate, the
federal upper reimbursement limit for the drug. The director of
job and family services shall adopt rules under section 5111.02 of
the Revised Code as necessary to implement this section.
Sec. 5111.113. (A) As used in this section:
(1) "Adult care facility" has the same meaning as in section
3722.01 5119.70 of the Revised Code.
(2) "Commissioner" means a person appointed by a probate
court under division (B) of section 2113.03 of the Revised Code to
act as a commissioner.
(3) "Home" has the same meaning as in section 3721.10 of the
Revised Code.
(4) "Personal needs allowance account" means an account or
petty cash fund that holds the money of a resident of an adult
care facility or home and that the facility or home manages for
the resident.
(B) Except as provided in divisions (C) and (D) of this
section, the owner or operator of an adult care facility or home
shall transfer to the department of job and family services the
money in the personal needs allowance account of a resident of the
facility or home who was a recipient of the medical assistance
program no earlier than sixty days but not later than ninety days
after the resident dies. The adult care facility or home shall
transfer the money even though the owner or operator of the
facility or home has not been issued letters testamentary or
letters of administration concerning the resident's estate.
(C) If funeral or burial expenses for a resident of an adult
care facility or home who has died have not been paid and the only
resource the resident had that could be used to pay for the
expenses is the money in the resident's personal needs allowance
account, or all other resources of the resident are inadequate to
pay the full cost of the expenses, the money in the resident's
personal needs allowance account shall be used to pay for the
expenses rather than being transferred to the department of job
and family services pursuant to division (B) of this section.
(D) If, not later than sixty days after a resident of an
adult care facility or home dies, letters testamentary or letters
of administration are issued, or an application for release from
administration is filed under section 2113.03 of the Revised Code,
concerning the resident's estate, the owner or operator of the
facility or home shall transfer the money in the resident's
personal needs allowance account to the administrator, executor,
commissioner, or person who filed the application for release from
administration.
(E) The transfer or use of money in a resident's personal
needs allowance account in accordance with division (B), (C), or
(D) of this section discharges and releases the adult care
facility or home, and the owner or operator of the facility or
home, from any claim for the money from any source.
(F) If, sixty-one or more days after a resident of an adult
care facility or home dies, letters testamentary or letters of
administration are issued, or an application for release from
administration under section 2113.03 of the Revised Code is filed,
concerning the resident's estate, the department of job and family
services shall transfer the funds to the administrator, executor,
commissioner, or person who filed the application, unless the
department is entitled to recover the money under the medicaid
estate recovery program instituted under section 5111.11 of the
Revised Code.
Sec. 5111.13. (A) As used in this section, "cost-effective"
and "group health plan" have the same meanings as in section 1906
of the "Social Security Act," 49 104 Stat. 620 (1935) 1388-161
(1990), 42 U.S.C.A. 1396e, as amended, and any regulations adopted
under that section.
(B) The department of job and family services, pursuant to
guidelines issued by may submit a medicaid state plan amendment to
the United States secretary of health and human services, shall
identify cases in which enrollment of an individual otherwise
eligible for medical assistance under this chapter in a group
health plan in which the individual is eligible to enroll and
payment of the individual's premiums, deductibles, coinsurance,
and other cost-sharing expenses is cost effective.
The department shall require, as a condition of eligibility
for medical assistance, individuals identified under this
division, or in the case of a child, the child's parent, to apply
for enrollment in the group health plan, except that the failure
of a parent to enroll self or the parent's child in a group health
plan does not affect the child's eligibility under the medical
assistance program.
The department shall pay enrollee premiums and deductibles,
coinsurance, and other cost-sharing obligations for services and
items otherwise covered under the medical assistance program. The
department shall treat coverage under the group health plan in the
same manner as any other third-party liability under the program.
If not all members of a family are eligible for medical assistance
and enrollment of the eligible members in a group health plan is
not possible without also enrolling the members who are ineligible
for medical assistance, the department shall pay the premiums for
the ineligible members if the payments are cost effective. The
department shall not pay deductibles, coinsurance, or other
cost-sharing obligations of enrolled members who are not eligible
for medical assistance.
The department may make payments under this section to
employers, insurers, or other entities. The department may make
the payments without entering into a contract with employers,
insurers, or other entities.
(C) To the extent permitted by federal law and regulations,
the department of job and family services shall coordinate the
medical assistance program with group health plans in such a
manner that the medical assistance program serves as a supplement
to the group health plans. In its coordination efforts, the
department shall consider cost-effectiveness and quality of care.
The department may enter into agreements with group health plans
as necessary to implement this division for the purpose of
implementing a program pursuant to section 1906 of the "Social
Security Act," 104 Stat. 1388-161 (1990), 42 U.S.C. 1396e, as
amended, for the enrollment of medicaid-eligible individuals in
group health plans when the department determines that enrollment
is cost-effective.
(D)(C) The director of job and family services shall may
adopt rules in accordance with Chapter 119. of the Revised Code as
necessary to implement this section.
Sec. 5111.14. The director of job and family services may
submit to the United States secretary of health and human services
an amendment to the medicaid state plan in order to implement
within the medicaid program a system under which medicaid
recipients with chronic conditions are provided with coordinated
care through health homes, as authorized by section 1945 of the
"Social Security Act," 124 Stat. 319 (2010), 42 U.S.C. 1396w-4.
The director may adopt rules under section 5111.02 of the
Revised Code to implement this section.
Sec. 5111.14 5111.141. The department of job and family
services may require county departments of job and family services
to provide case management of nonemergency transportation services
provided under the medical assistance program. County departments
shall provide the case management if required by the department in
accordance with rules adopted by the director of job and family
services.
The department shall determine, for the purposes of claiming
federal reimbursement under the medical assistance program,
whether it will claim expenditures for nonemergency transportation
services as administrative or program expenditures.
Sec. 5111.151. (A)(1) This section applies only to either of
the following:
(a) Initial eligibility determinations for all cases
involving medicaid provided pursuant to this chapter, qualified
medicare beneficiaries, specified low-income medicare
beneficiaries, qualifying individuals-1, qualifying individuals-2,
and medical assistance for covered families and children the
medicaid program made by the director of job and family services
pursuant to section 5101.47 of the Revised Code or by a county
department of job and family services pursuant to section 5111.012
of the Revised Code;
(b) An appeal from a determination described in division
(A)(1)(a) of this section pursuant to section 5101.35 of the
Revised Code.
(2)(a) Except as provided in division (A)(2)(b) of this
section, this section shall not be used by a court to determine
the effect of a trust on an individual's initial eligibility for
the medicaid program.
(b) The prohibition in division (A)(2)(a) of this section
does not apply to an appeal described in division (A)(1)(b) of
this section.
(B) As used in this section:
(1) "Trust" means any arrangement in which a grantor
transfers real or personal property to a trust with the intention
that it be held, managed, or administered by at least one trustee
for the benefit of the grantor or beneficiaries. "Trust" includes
any legal instrument or device similar to a trust.
(2) "Legal instrument or device similar to a trust" includes,
but is not limited to, escrow accounts, investment accounts,
partnerships, contracts, and other similar arrangements that are
not called trusts under state law but are similar to a trust and
to which all of the following apply:
(a) The property in the trust is held, managed, retained, or
administered by a trustee.
(b) The trustee has an equitable, legal, or fiduciary duty to
hold, manage, retain, or administer the property for the benefit
of the beneficiary.
(c) The trustee holds identifiable property for the
beneficiary.
(3) "Grantor" is a person who creates a trust, including all
of the following:
(b) An individual's spouse;
(c) A person, including a court or administrative body, with
legal authority to act in place of or on behalf of an individual
or an individual's spouse;
(d) A person, including a court or administrative body, that
acts at the direction or on request of an individual or the
individual's spouse.
(4) "Beneficiary" is a person or persons, including a
grantor, who benefits in some way from a trust.
(5) "Trustee" is a person who manages a trust's principal and
income for the benefit of the beneficiaries.
(6) "Person" has the same meaning as in section 1.59 of the
Revised Code and includes an individual, corporation, business
trust, estate, trust, partnership, and association.
(7) "Applicant" is an individual who applies for medicaid or
the individual's spouse.
(8) "Recipient" is an individual who receives medicaid or the
individual's spouse.
(9) "Revocable trust" is a trust that can be revoked by the
grantor or the beneficiary, including all of the following, even
if the terms of the trust state that it is irrevocable:
(a) A trust that provides that the trust can be terminated
only by a court;
(b) A trust that terminates on the happening of an event, but
only if the event occurs at the direction or control of the
grantor, beneficiary, or trustee.
(10) "Irrevocable trust" is a trust that cannot be revoked by
the grantor or terminated by a court and that terminates only on
the occurrence of an event outside of the control or direction of
the beneficiary or grantor.
(11) "Payment" is any disbursal from the principal or income
of the trust, including actual cash, noncash or property
disbursements, or the right to use and occupy real property.
(12) "Payments to or for the benefit of the applicant or
recipient" is a payment to any person resulting in a direct or
indirect benefit to the applicant or recipient.
(13) "Testamentary trust" is a trust that is established by a
will and does not take effect until after the death of the person
who created the trust.
(C)(1) If an applicant or recipient is a beneficiary of a
trust, the county department of job and family services shall
determine what type of trust it is and shall treat the trust in
accordance with the appropriate provisions of this section and
rules adopted by the department of job and family services
governing trusts. The county department of job and family services
may determine that the trust or portion of the trust is one of the
following:
(1) A countable (a) Is a resource available to the applicant
or recipient;
(2) Countable (b) Contains income available to the applicant
or recipient;
(3) A countable resource and countable income (c) Constitutes
both items described in divisions (C)(1)(a) and (b) of this
section;
(4) Not a countable resource or countable income (d) Is
neither an item described in division (C)(1)(a) nor (C)(1)(b) of
this section.
(2) Except as provided in division (F) of this section, a
trust or portion of a trust that is a resource available to the
applicant or recipient or contains income available to the
applicant or recipient shall be counted for purposes of
determining medicaid eligibility.
(D)(1) A trust or legal instrument or device similar to a
trust shall be considered a medicaid qualifying trust if all of
the following apply:
(a) The trust was established on or prior to August 10, 1993.
(b) The trust was not established by a will.
(c) The trust was established by an applicant or recipient.
(d) The applicant or recipient is or may become the
beneficiary of all or part of the trust.
(e) Payment from the trust is determined by one or more
trustees who are permitted to exercise any discretion with respect
to the distribution to the applicant or recipient.
(2) If a trust meets the requirement of division (D)(1) of
this section, the amount of the trust that is considered by the
county department of job and family services as an available to be
a resource available to the applicant or recipient shall be the
maximum amount of payments permitted under the terms of the trust
to be distributed to the applicant or recipient, assuming the full
exercise of discretion by the trustee or trustees. The maximum
amount shall include only amounts that are permitted to be
distributed but are not distributed from either the income or
principal of the trust.
(3) Amounts that are actually distributed from a medicaid
qualifying trust to a beneficiary for any purpose shall be treated
in accordance with rules adopted by the department of job and
family services governing income.
(4) Availability of a medicaid qualifying trust shall be
considered without regard to any of the following:
(a) Whether or not the trust is irrevocable or was
established for purposes other than to enable a grantor to qualify
for medicaid, medical assistance for covered families and
children, or as a qualified medicare beneficiary, specified
low-income medicare beneficiary, qualifying individual-1, or
qualifying individual-2;
(b) Whether or not the trustee actually exercises discretion.
(5) If any real or personal property is transferred to a
medicaid qualifying trust that is not distributable to the
applicant or recipient, the transfer shall be considered an
improper disposition of assets and shall be subject to section
5111.0116 of the Revised Code and rules to implement that section
adopted under section 5111.011 of the Revised Code.
(6) The baseline date for the look-back period for
disposition of assets involving a medicaid qualifying trust shall
be the date on which the applicant or recipient is both
institutionalized and first applies for medicaid.
(E)(1) A trust or legal instrument or device similar to a
trust shall be considered a self-settled trust if all of the
following apply:
(a) The trust was established on or after August 11, 1993.
(b) The trust was not established by a will.
(c) The trust was established by an applicant or recipient,
spouse of an applicant or recipient, or a person, including a
court or administrative body, with legal authority to act in place
of or on behalf of an applicant, recipient, or spouse, or acting
at the direction or on request of an applicant, recipient, or
spouse.
(2) A trust that meets the requirements of division (E)(1) of
this section and is a revocable trust shall be treated by the
county department of job and family services as follows:
(a) The corpus of the trust shall be considered a resource
available to the applicant or recipient.
(b) Payments from the trust to or for the benefit of the
applicant or recipient shall be considered unearned income of the
applicant or recipient.
(c) Any other payments from the trust shall be considered an
improper disposition of assets and shall be subject to section
5111.0116 of the Revised Code and rules to implement that section
adopted under section 5111.011 of the Revised Code.
(3) A trust that meets the requirements of division (E)(1) of
this section and is an irrevocable trust shall be treated by the
county department of job and family services as follows:
(a) If there are any circumstances under which payment from
the trust could be made to or for the benefit of the applicant or
recipient, including a payment that can be made only in the
future, the portion from which payments could be made shall be
considered a resource available to the applicant or recipient. The
county department of job and family services shall not take into
account when payments can be made.
(b) Any payment that is actually made to or for the benefit
of the applicant or recipient from either the corpus or income
shall be considered unearned income.
(c) If a payment is made to someone other than to the
applicant or recipient and the payment is not for the benefit of
the applicant or recipient, the payment shall be considered an
improper disposition of assets and shall be subject to section
5111.0116 of the Revised Code and rules to implement that section
adopted under section 5111.011 of the Revised Code.
(d) The date of the disposition shall be the later of the
date of establishment of the trust or the date of the occurrence
of the event.
(e) When determining the value of the disposed asset under
this provision, the value of the trust shall be its value on the
date payment to the applicant or recipient was foreclosed.
(f) Any income earned or other resources added subsequent to
the foreclosure date shall be added to the total value of the
trust.
(g) Any payments to or for the benefit of the applicant or
recipient after the foreclosure date but prior to the application
date shall be subtracted from the total value. Any other payments
shall not be subtracted from the value.
(h) Any addition of assets after the foreclosure date shall
be considered a separate disposition.
(4) If a trust is funded with assets of another person or
persons in addition to assets of the applicant or recipient, the
applicable provisions of this section and rules adopted by the
department of job and family services governing trusts shall apply
only to the portion of the trust attributable to the applicant or
recipient.
(5) The availability of a self-settled trust shall be
considered without regard to any of the following:
(a) The purpose for which the trust is established;
(b) Whether the trustees have exercised or may exercise
discretion under the trust;
(c) Any restrictions on when or whether distributions may be
made from the trust;
(d) Any restrictions on the use of distributions from the
trust.
(6) The baseline date for the look-back period for
dispositions of assets involving a self-settled trust shall be the
date on which the applicant or recipient is both institutionalized
and first applies for medicaid.
(F) The principal or income from any of the following shall
be exempt from being counted as not be a resource by a county
department of job and family services available to the applicant
or recipient:
(1)(a) A special needs trust that meets all of the following
requirements:
(i) The trust contains assets of an applicant or recipient
under sixty-five years of age and may contain the assets of other
individuals.
(ii) The applicant or recipient is disabled as defined in
rules adopted by the department of job and family services.
(iii) The trust is established for the benefit of the
applicant or recipient by a parent, grandparent, legal guardian,
or a court.
(iv) The trust requires that on the death of the applicant or
recipient the state will receive all amounts remaining in the
trust up to an amount equal to the total amount of medicaid paid
on behalf of the applicant or recipient.
(b) If a special needs trust meets the requirements of
division (F)(1)(a) of this section and has been established for a
disabled applicant or recipient under sixty-five years of age, the
exemption for the trust granted pursuant to division (F) of this
section shall continue after the disabled applicant or recipient
becomes sixty-five years of age if the applicant or recipient
continues to be disabled as defined in rules adopted by the
department of job and family services. Except for income earned by
the trust, the grantor shall not add to or otherwise augment the
trust after the applicant or recipient attains sixty-five years of
age. An addition or augmentation of the trust by the applicant or
recipient with the applicant's own assets after the applicant or
recipient attains sixty-five years of age shall be treated as an
improper disposition of assets.
(c) Cash distributions to the applicant or recipient shall be
counted as unearned income. All other distributions from the trust
shall be treated as provided in rules adopted by the department of
job and family services governing in-kind income.
(d) Transfers of assets to a special needs trust shall not be
treated as an improper transfer of resources. Assets An Asset held
prior to the transfer to the trust shall be considered as
countable assets or countable a resource available to the
applicant or recipient, income available to the applicant or
recipient, or countable assets both a resource and income
available to the individual.
(2)(a) A qualifying income trust that meets all of the
following requirements:
(i) The trust is composed only of pension, social security,
and other income to the applicant or recipient, including
accumulated interest in the trust.
(ii) The income is received by the individual and the right
to receive the income is not assigned or transferred to the trust.
(iii) The trust requires that on the death of the applicant
or recipient the state will receive all amounts remaining in the
trust up to an amount equal to the total amount of medicaid paid
on behalf of the applicant or recipient.
(b) No resources shall be used to establish or augment the
trust.
(c) If an applicant or recipient has irrevocably transferred
or assigned the applicant's or recipient's right to receive income
to the trust, the trust shall not be considered a qualifying
income trust by the county department of job and family services.
(d) Income placed in a qualifying income trust shall not be
counted in determining an applicant's or recipient's eligibility
for medicaid. The recipient of the funds may place any income
directly into a qualifying income trust without those funds
adversely affecting the applicant's or recipient's eligibility for
medicaid. Income generated by the trust that remains in the trust
shall not be considered as income to the applicant or recipient.
(e) All income placed in a qualifying income trust shall be
combined with any countable income available to the individual
that is not placed in the trust to arrive at a base income figure
to be used for spend down calculations.
(f) The base income figure shall be used for post-eligibility
deductions, including personal needs allowance, monthly income
allowance, family allowance, and medical expenses not subject to
third party payment. Any income remaining shall be used toward
payment of patient liability. Payments made from a qualifying
income trust shall not be combined with the base income figure for
post-eligibility calculations.
(g) The base income figure shall be used when determining the
spend down budget for the applicant or recipient. Any income
remaining after allowable deductions are permitted as provided
under rules adopted by the department of job and family services
shall be considered the applicant's or recipient's spend down
liability.
(3)(a) A pooled trust that meets all of the following
requirements:
(i) The trust contains the assets of the applicant or
recipient of any under sixty-five years of age who is disabled as
defined in rules adopted by the department of job and family
services.
(ii) The trust is established and managed by a nonprofit
association.
(iii) A separate account is maintained for each beneficiary
of the trust but, for purposes of investment and management of
funds, the trust pools the funds in these accounts.
(iv) Accounts in the trust are established by the applicant
or recipient, the applicant's or recipient's parent, grandparent,
or legal guardian, or a court solely for the benefit of
individuals who are disabled.
(v) The trust requires that, to the extent that any amounts
remaining in the beneficiary's account on the death of the
beneficiary are not retained by the trust, the trust pay to the
state the amounts remaining in the trust up to an amount equal to
the total amount of medicaid paid on behalf of the beneficiary.
(b) Cash distributions to the applicant or recipient shall be
counted as unearned income. All other distributions from the trust
shall be treated as provided in rules adopted by the department of
job and family services governing in-kind income.
(c) Transfers of assets to a pooled trust shall not be
treated as an improper disposition of assets. Assets An asset held
prior to the transfer to the trust shall be considered as
countable assets, countable a resource available to the applicant
or recipient, income available to the applicant or recipient, or
countable assets both a resource and income available to the
applicant or recipient.
(4) A supplemental services trust that meets the requirements
of section 5815.28 of the Revised Code and to which all of the
following apply:
(a) A person may establish a supplemental services trust
pursuant to section 5815.28 of the Revised Code only for another
person who is eligible to receive services through one of the
following agencies:
(i) The department of developmental disabilities;
(ii) A county board of developmental disabilities;
(iii) The department of mental health;
(iv) A board of alcohol, drug addiction, and mental health
services.
(b) A county department of job and family services shall not
determine eligibility for another agency's program. An applicant
or recipient shall do one of the following:
(i) Provide documentation from one of the agencies listed in
division (F)(4)(a) of this section that establishes that the
applicant or recipient was determined to be eligible for services
from the agency at the time of the creation of the trust;
(ii) Provide an order from a court of competent jurisdiction
that states that the applicant or recipient was eligible for
services from one of the agencies listed in division (F)(4)(a) of
this section at the time of the creation of the trust.
(c) At the time the trust is created, the trust principal
does not exceed the maximum amount permitted. The maximum amount
permitted in calendar year 2006 is two hundred twenty-two thousand
dollars. Each year thereafter, the maximum amount permitted is the
prior year's amount plus two thousand dollars.
(d) A county department of job and family services shall
review the trust to determine whether it complies with the
provisions of section 5815.28 of the Revised Code.
(e) Payments from supplemental services trusts shall be
exempt as long as the payments are for supplemental services as
defined in rules adopted by the department of job and family
services. All supplemental services shall be purchased by the
trustee and shall not be purchased through direct cash payments to
the beneficiary.
(f) If a trust is represented as a supplemental services
trust and a county department of job and family services
determines that the trust does not meet the requirements provided
in division (F)(4) of this section and section 5815.28 of the
Revised Code, the county department of job and family services
shall not consider it an exempt trust.
(G)(1) A trust or legal instrument or device similar to a
trust shall be considered a trust established by an individual for
the benefit of the applicant or recipient if all of the following
apply:
(a) The trust is created by a person other than the applicant
or recipient.
(b) The trust names the applicant or recipient as a
beneficiary.
(c) The trust is funded with assets or property in which the
applicant or recipient has never held an ownership interest prior
to the establishment of the trust.
(2) Any portion of a trust that meets the requirements of
division (G)(1) of this section shall be an available a resource
available to the applicant or recipient only if the trust permits
the trustee to expend principal, corpus, or assets of the trust
for the applicant's or recipient's medical care, care, comfort,
maintenance, health, welfare, general well being, or any
combination of these purposes.
(3) A trust that meets the requirements of division (G)(1) of
this section shall be considered an available a resource available
to the applicant or recipient even if the trust contains any of
the following types of provisions:
(a) A provision that prohibits the trustee from making
payments that would supplant or replace medicaid or other public
assistance;
(b) A provision that prohibits the trustee from making
payments that would impact or have an effect on the applicant's or
recipient's right, ability, or opportunity to receive medicaid or
other public assistance;
(c) A provision that attempts to prevent the trust or its
corpus or principal from being counted as an available a resource
available to the applicant or recipient.
(4) A trust that meets the requirements of division (G)(1) of
this section shall not be counted as an available a resource
available to the applicant or recipient if at least one of the
following circumstances applies:
(a) If a trust contains a clear statement requiring the
trustee to preserve a portion of the trust for another beneficiary
or remainderman, that portion of the trust shall not be counted as
an available a resource available to the applicant or recipient.
Terms of a trust that grant discretion to preserve a portion of
the trust shall not qualify as a clear statement requiring the
trustee to preserve a portion of the trust.
(b) If a trust contains a clear statement requiring the
trustee to use a portion of the trust for a purpose other than
medical care, care, comfort, maintenance, welfare, or general well
being of the applicant or recipient, that portion of the trust
shall not be counted as an available a resource available to the
applicant or recipient. Terms of a trust that grant discretion to
limit the use of a portion of the trust shall not qualify as a
clear statement requiring the trustee to use a portion of the
trust for a particular purpose.
(c) If a trust contains a clear statement limiting the
trustee to making fixed periodic payments, the trust shall not be
counted as an available a resource available to the applicant or
recipient and payments shall be treated in accordance with rules
adopted by the department of job and family services governing
income. Terms of a trust that grant discretion to limit payments
shall not qualify as a clear statement requiring the trustee to
make fixed periodic payments.
(d) If a trust contains a clear statement that requires the
trustee to terminate the trust if it is counted as an available a
resource available to the applicant or recipient, the trust shall
not be counted as an available resource such. Terms of a trust
that grant discretion to terminate the trust do not qualify as a
clear statement requiring the trustee to terminate the trust.
(e) If a person obtains a judgment from a court of competent
jurisdiction that expressly prevents the trustee from using part
or all of the trust for the medical care, care, comfort,
maintenance, welfare, or general well being of the applicant or
recipient, the trust or that portion of the trust subject to the
court order shall not be counted as a resource available to the
applicant or recipient.
(f) If a trust is specifically exempt from being counted as
an available a resource available to the applicant or recipient by
a provision of the Revised Code, rules, or federal law, the trust
shall not be counted as a resource such.
(g) If an applicant or recipient presents a final judgment
from a court demonstrating that the applicant or recipient was
unsuccessful in a civil action against the trustee to compel
payments from the trust, the trust shall not be counted as an
available a resource available to the applicant or recipient.
(h) If an applicant or recipient presents a final judgment
from a court demonstrating that in a civil action against the
trustee the applicant or recipient was only able to compel limited
or periodic payments, the trust shall not be counted as an
available a resource available to the applicant or recipient and
payments shall be treated in accordance with rules adopted by the
department of job and family services governing income.
(i) If an applicant or recipient provides written
documentation showing that the cost of a civil action brought to
compel payments from the trust would be cost prohibitive, the
trust shall not be counted as an available a resource available to
the applicant or recipient.
(5) Any actual payments to the applicant or recipient from a
trust that meet the requirements of division (G)(1) of this
section, including trusts that are not counted as an available a
resource available to the applicant or recipient, shall be treated
as provided in rules adopted by the department of job and family
services governing income. Payments to any person other than the
applicant or recipient shall not be considered income to the
applicant or recipient. Payments from the trust to a person other
than the applicant or recipient shall not be considered an
improper disposition of assets.
Sec. 5111.16. (A) As part of the medicaid program, the
department of job and family services shall establish a care
management system. The department shall submit, if necessary,
applications to the United States department of health and human
services for waivers of federal medicaid requirements that would
otherwise be violated in the implementation of the system.
(B) The department shall implement the care management system
in some or all counties and shall designate the medicaid
recipients who are required or permitted to participate in the
system. In the department's implementation of the system and
designation of participants, all of the following apply:
(1) In the case of individuals who receive medicaid on the
basis of being included in the category identified by the
department as covered families and children, the department shall
implement the care management system in all counties. All
individuals included in the category shall be designated for
participation, except for individuals included in one or more of
the medicaid recipient groups specified in 42 C.F.R. 438.50(d).
The department shall ensure that all participants are enrolled in
health insuring corporations under contract with the department
pursuant to section 5111.17 of the Revised Code.
(2) In the case of individuals who receive medicaid on the
basis of being aged, blind, or disabled, as specified in division
(A)(2) of section 5111.01 of the Revised Code, the department
shall implement the care management system in all counties. All
Except as provided in division (C) of this section, all
individuals included in the category shall be designated for
participation, except for the individuals specified in divisions
(B)(2)(a) to (e) of this section. The department shall ensure that
all participants are enrolled in health insuring corporations
under contract with the department pursuant to section 5111.17 of
the Revised Code.
In (3) Alcohol, drug addiction, and mental health services
covered by medicaid shall not be included in any component of the
care management system when the nonfederal share of the cost of
those services is provided by a board of alcohol, drug addiction,
and mental health services or a state agency other than the
department of job and family services, but the recipients of those
services may otherwise be designated for participation in the
system.
(C)(1) In designating participants who receive medicaid on
the basis of being aged, blind, or disabled, the department shall
not include any of the following, except as provided under
division (C)(2) of this section:
(a) Individuals who are under twenty-one years of age;
(b) Individuals who are institutionalized;
(c) Individuals who become eligible for medicaid by spending
down their income or resources to a level that meets the medicaid
program's financial eligibility requirements;
(d) Individuals who are dually eligible under the medicaid
program and the medicare program established under Title XVIII of
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as
amended;
(e) Individuals to the extent that they are receiving
medicaid services through a medicaid waiver component, as defined
in section 5111.85 of the Revised Code.
(3) Alcohol, drug addiction, and mental health services
covered by medicaid shall not be included in any component of the
care management system when the nonfederal share of the cost of
those services is provided by a board of alcohol, drug addiction,
and mental health services or a state agency other than the
department of job and family services, but the recipients of those
services may otherwise be designated for participation in the
system.
(C)(2) If any necessary waiver of federal medicaid
requirements is granted, the department may designate any of the
following individuals who receive medicaid on the basis of being
aged, blind, or disabled as individuals who are permitted or
required to participate in the care management system:
(a) Individuals who are under twenty-one years of age;
(b) Individuals who reside in a nursing facility, as defined
in section 5111.20 of the Revised Code;
(c) Individuals who, as an alternative to receiving nursing
facility services, are participating in a home and community-based
services medicaid waiver component, as defined in section 5111.85
of the Revised Code;
(d) Individuals who are dually eligible under the medicaid
program and the medicare program.
(D) Subject to division (B) of this section, the department
may do both of the following under the care management system:
(1) Require or permit participants in the system to obtain
health care services from providers designated by the department;
(2) Require or permit participants in the system to obtain
health care services through managed care organizations under
contract with the department pursuant to section 5111.17 of the
Revised Code.
(D)(E)(1) The department shall prepare an annual report on
the care management system. The report shall address the
department's ability to implement the system, including all of the
following components:
(a) The required designation of participants included in the
category identified by the department as covered families and
children;
(b) The required designation of participants included in the
aged, blind, or disabled category of medicaid recipients;
(c) The use of any programs for enhanced care management.
(2) The department shall submit each annual report to the
general assembly. The first report shall be submitted not later
than October 1, 2007.
(E)(F) The director of job and family services may adopt
rules in accordance with Chapter 119. of the Revised Code to
implement this section.
Sec. 5111.161. (A) This section applies if the department of
job and family services includes in the care management system,
pursuant to section 5111.16 of the Revised Code, individuals under
twenty-one years of age who receive medicaid on the basis of being
aged, blind, or disabled.
(B) For the purpose of developing a system for the provision
of care management services to the individuals specified in
division (A) of this section, the department may do either of the
following:
(1) Enter into contracts with health insuring corporations to
serve as pediatric accountable care organizations;
(2) Require that a managed care organization under contract
with the department pursuant to section 5111.17 of the Revised
Code enter into a subcontract with an intermediary organization,
as defined in section 1751.01 of the Revised Code, to provide the
care management services.
(C)(1) To qualify for a contract with the department under
division (B)(1) of this section, a health insuring corporation
shall meet both of the following:
(a) The same financial, network, filing, reporting, and
disclosure requirements and accreditation standards that health
insuring corporations are required to meet to be eligible for a
contract with the department pursuant to section 5111.17 of the
Revised Code;
(b) The criteria specified in rules adopted under this
section to qualify for the contract.
(2) To qualify for a subcontract with a managed care
organization under division (B)(2) of this section, an
intermediary organization shall meet both of the following:
(a) The requirements of division (H) of section 1751.02 of
the Revised Code to certify to the superintendent of insurance
annually, and to provide a signed statement that includes, the
information specified in that division;
(b) The criteria specified in rules adopted under this
section to qualify for the subcontract.
(D) On determining that a health insuring corporation seeking
a contract to serve as a pediatric accountable care organization
is qualified for the contract, as provided under division (C)(1)
of this section, the department may contract with the health
insuring corporation to serve in that capacity. The department's
determination of whether to enter into a contract with the health
insuring corporation shall be based on evidence or other
documentation submitted by the health insuring corporation, as
required by the department under rules adopted under this section.
The department's determination to refuse to enter into a
contract with a health insuring corporation may not be appealed. A
health insuring corporation that is denied a contract may seek
another contract to serve as a pediatric accountable care
organization, but not earlier than six months after the most
recent contract denial.
(E) The department shall adopt rules as necessary to
implement this section. The rules shall be adopted in accordance
with Chapter 119. of the Revised Code. In adopting the rules, the
department shall specify the following:
(1) The minimum criteria that a health insuring corporation
must meet to qualify for a contract with the department to serve
as a pediatric accountable care organization, including criteria
that incorporates the minimum criteria established by federal law;
(2) The evidence or other documentation that a health
insuring corporation must submit to the department when seeking a
contract to serve as an accountable care organization;
(3) The minimum criteria that an intermediary organization
must meet to qualify for a subcontract with a managed care
organization to provide care management services to the
individuals specified in division (A) of this section who are
enrolled in the organization.
Sec. 5111.162. (A) As used in this section:
(1) "Emergency services" has the same meaning as in section
1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42
U.S.C. 1396u-2(b)(2), as amended.
(2) "Medicaid managed care organization" means a managed care
organization that has entered into a contract with the department
of job and family services pursuant to section 5111.17 of the
Revised Code.
(3) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(4) "Hospital system" means one or more hospitals owned or
controlled by the same organization for the purposes of
coordinating and delivering health services within a geographic
area selected by the organization.
(5) "Hospital system provider" means a health care provider
that is employed, owned, leased, managed, or otherwise controlled
by a hospital system, including a physician, a business entity
under which one or more physicians practice, a provider of
ancillary health services, and any other type of provider
specified in rules adopted under this section.
(B) Except as provided in division (C) of this section, when
a participant in the care management system established under
section 5111.16 of the Revised Code is enrolled in a medicaid
managed care organization and the organization refers the
participant to receive services, other than emergency services
provided on or after January 1, 2007, at a hospital that
participates in the medicaid program but is not under contract
with the organization, the hospital shall provide the service for
which the referral was made and shall accept from the
organization, as payment in full, the amount derived from the
reimbursement rate used by the department to reimburse other
hospitals of the same type for providing the same service to a
medicaid recipient who is not enrolled in a medicaid managed care
organization.
(C) A hospital is not subject to division (B) of this section
if all of the following are the case:
(1) The hospital is located in a county in which participants
in the care management system are required before January 1, 2006,
to be enrolled in a medicaid managed care organization that is a
health insuring corporation;
(2) The hospital has entered into a contract before January
1, 2006, with at least one health insuring corporation serving the
participants specified in division (C)(1) of this section;
(3) The hospital remains under contract with at least one
health insuring corporation serving participants in the care
management system who are required to be enrolled in a health
insuring corporation.
(D) The director of job and family services shall adopt rules
specifying the circumstances under which a medicaid managed care
organization is permitted to refer a participant in the care
management system to a hospital that is not under contract with
the organization. The If a hospital or hospital system provider
participates in the medicaid program but is not under contract
with a particular medicaid managed care organization, all of the
following apply with respect to that managed care organization and
that hospital or hospital system provider:
(1) When the organization authorizes a service or services to
be provided to an individual who is enrolled in the organization
as a participant in the care management system established under
section 5111.16 of the Revised Code, the hospital or hospital
system provider shall provide to the individual the service or
services authorized by the organization, including inpatient and
outpatient services, as long as the service or services are
medically necessary and covered by medicaid.
(2) Except as provided in division (B)(3) of this section,
the hospital or hospital system provider shall accept from the
organization, as payment in full for providing the authorized
service or services, the same amount that the department of job
and family services would reimburse the hospital or hospital
system provider for providing the authorized service or services
to a medicaid recipient who is not enrolled in a medicaid managed
care organization.
(3) Emergency services provided to the individual are subject
to reimbursement under section 5111.163 of the Revised Code.
(C) The director of job and family services may adopt any
other rules as necessary to implement this section. All rules
adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 5111.17. (A) The department of job and family services
may enter into contracts with managed care organizations,
including health insuring corporations, under which the
organizations are authorized to provide, or arrange for the
provision of, health care services to medical assistance
recipients who are required or permitted to obtain health care
services through managed care organizations as part of the care
management system established under section 5111.16 of the Revised
Code.
(B) The department or its actuary shall base the hospital
inpatient capital payment portion of the payment made to managed
care organizations on data for services provided to all recipients
enrolled in managed care organizations with which the department
contracts, as reported by hospitals on relevant cost reports
submitted pursuant to rules adopted under this section.
(C)
The director of job and family services may adopt rules
in accordance with Chapter 119. of the Revised Code to implement
this section.
(C)(D) The department of job and family services shall allow
a managed care
plans organization to use providers to render care
upon completion of the managed care plan's organization's
credentialing process.
Sec. 5111.172. (A) When contracting under section 5111.17 of
the Revised Code with a managed care organization that is a health
insuring corporation, the department of job and family services
may shall require the health insuring corporation to provide
coverage of prescription drugs for medicaid recipients enrolled in
the health insuring corporation. In providing the required
coverage, the health insuring corporation may, subject to the
department's approval and the limitations specified in division
(B) of this section, use strategies for the management of drug
utilization.
(B) The department shall not permit a health insuring
corporation to impose a prior authorization requirement in the
case of a drug to which all of the following apply:
(1) The drug is an antidepressant or antipsychotic.
(2) The drug is administered or dispensed in a standard
tablet or capsule form, except that in the case of an
antipsychotic, the drug also may be administered or dispensed in a
long-acting injectable form.
(3) The drug is prescribed by a
physician whom the health
insuring corporation, pursuant to division (C) of section 5111.17
of the Revised Code, has credentialed to provide care as a
psychiatrist.
(C) As used in this division, "controlled substance" has the
same meaning as in section 3719.01 of the Revised Code.
If The department shall permit a health insuring corporation
is required under this section to provide coverage of prescription
drugs, the department shall permit the health insuring corporation
to develop and implement a pharmacy utilization management program
under which prior authorization through the program is established
as a condition of obtaining a controlled substance pursuant to a
prescription. The program may include processes for requiring
medicaid recipients at high risk for fraud or abuse involving
controlled substances to have their prescriptions for controlled
substances filled by a pharmacy, medical provider, or health care
facility designated by the program.
Sec. 5111.179. (A) The department of job and family services
shall establish a managed care performance payment program. Under
the program, the department may provide payments to managed care
organizations under contract with the department pursuant to
section 5111.17 of the Revised Code that meet performance
standards established by the department.
In establishing performance standards, the department shall
use the most recent healthcare effectiveness data and information
set and quality measurement tool established by the national
committee for quality assurance.
The standards that must be met to receive the payments may be
specified in the contract the department enters into with a
managed care organization.
If a managed care organization meets the performance
standards established by the department, the department shall make
one or more performance payments to the organization. The number
of payments and the schedule for making the payments shall be
established by the department. The payments shall be discontinued
if the department determines that the organization no longer meets
the performance standards. The department shall not make or
discontinue payments based on any performance standard that has
been in effect as part of the organization's contract for less
than six months.
(B) For purposes of the program, the department shall
establish an amount that is to be withheld each time a premium
payment is made to a managed care organization. The amount shall
be established as a percentage of each premium payment. The
percentage shall be the same for all managed care organizations
under contract with the department. The sum of all withholdings
under this division shall not exceed one per cent of the total of
all premium payments made to all managed care organizations under
contract with the department.
Each managed care organization shall agree to the withholding
as a condition of receiving or maintaining its medicaid provider
agreement with the department.
When the amount is established and each time the amount is
modified thereafter, the department shall certify the amount to
the director of budget and management and begin withholding the
amount from each premium the department pays to a managed care
organization.
(C) There is hereby created in the state treasury the managed
care performance payment fund. The fund shall consist of amounts
transferred to it by the director of budget and management for the
purpose of the program. All investment earnings of the fund shall
be credited to the fund. Amounts in the fund shall be used solely
to make performance payments to managed care organizations in
accordance with this section.
(D) The department may adopt rules as necessary to implement
this section. The rules shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec. 5111.20. As used in sections 5111.20 to 5111.34 5111.33
of the Revised Code:
(A) "Allowable costs" are those costs determined by the
department of job and family services to be reasonable and do not
include fines paid under sections 5111.35 to 5111.61 and section
5111.99 of the Revised Code.
(B) "Ancillary and support costs" means all reasonable costs
incurred by a nursing facility other than direct care costs or
capital costs. "Ancillary and support costs" includes, but is not
limited to, costs of activities, social services, pharmacy
consultants, habilitation supervisors, qualified mental
retardation professionals, program directors, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, medical equipment,
utilities, liability insurance, bookkeeping, purchasing
department, human resources, communications, travel, dues, license
fees, subscriptions, home office costs not otherwise allocated,
legal services, accounting services, minor equipment, wheelchairs,
resident transportation, maintenance and repairs, help-wanted
advertising, informational advertising, start-up costs,
organizational expenses, other interest, property insurance,
employee training and staff development, employee benefits,
payroll taxes, and workers' compensation premiums or costs for
self-insurance claims and related costs as specified in rules
adopted by the director of job and family services under section
5111.02 of the Revised Code, for personnel listed in this
division. "Ancillary and support costs" also means the cost of
equipment, including vehicles, acquired by operating lease
executed before December 1, 1992, if the costs are reported as
administrative and general costs on the facility's cost report for
the cost reporting period ending December 31, 1992.
(C) "Capital costs" means costs of ownership and, in the case
of an intermediate care facility for the mentally retarded, costs
of nonextensive renovation.
(1) "Cost of ownership" means the actual expense incurred for
all of the following:
(a) Depreciation and interest on any capital assets that cost
five hundred dollars or more per item, including the following:
(ii) Building improvements that are not approved as
nonextensive renovations under section 5111.251 of the Revised
Code;
(iii) Except as provided in division (B) of this section,
equipment;
(iv) In the case of an intermediate care facility for the
mentally retarded, extensive renovations;
(v) Transportation equipment.
(b) Amortization and interest on land improvements and
leasehold improvements;
(c) Amortization of financing costs;
(d) Except as provided in division (K) of this section, lease
and rent of land, building, and equipment.
The costs of capital assets of less than five hundred dollars
per item may be considered capital costs in accordance with a
provider's practice.
(2) "Costs of nonextensive renovation" means the actual
expense incurred by an intermediate care facility for the mentally
retarded for depreciation or amortization and interest on
renovations that are not extensive renovations.
(D) "Capital lease" and "operating lease" shall be construed
in accordance with generally accepted accounting principles.
(E) "Case-mix score" means the measure determined under
section 5111.232 of the Revised Code of the relative direct-care
resources needed to provide care and habilitation to a resident of
a nursing facility or intermediate care facility for the mentally
retarded.
(F)(1) "Date of licensure," for a facility originally
licensed as a nursing home under Chapter 3721. of the Revised
Code, means the date specific beds were originally licensed as
nursing home beds under that chapter, regardless of whether they
were subsequently licensed as residential facility beds under
section 5123.19 of the Revised Code. For a facility originally
licensed as a residential facility under section 5123.19 of the
Revised Code, "date of licensure" means the date specific beds
were originally licensed as residential facility beds under that
section.
If nursing home beds licensed under Chapter 3721. of the
Revised Code or residential facility beds licensed under section
5123.19 of the Revised Code were not required by law to be
licensed when they were originally used to provide nursing home or
residential facility services, "date of licensure" means the date
the beds first were used to provide nursing home or residential
facility services, regardless of the date the present provider
obtained licensure.
If a facility adds nursing home beds or residential facility
beds or extensively renovates all or part of the facility after
its original date of licensure, it will have a different date of
licensure for the additional beds or extensively renovated portion
of the facility, unless the beds are added in a space that was
constructed at the same time as the previously licensed beds but
was not licensed under Chapter 3721. or section 5123.19 of the
Revised Code at that time.
(2) The definition of "date of licensure" in this section
applies in determinations of the medicaid reimbursement rate for a
nursing facility or intermediate care facility for the mentally
retarded but does not apply in determinations of the franchise
permit fee for a nursing facility or intermediate care facility
for the mentally retarded.
(G) "Desk-reviewed" means that costs as reported on a cost
report submitted under section 5111.26 of the Revised Code have
been subjected to a desk review under division (A) of section
5111.27 of the Revised Code and preliminarily determined to be
allowable costs.
(H) "Direct care costs" means all of the following:
(1)(a) Costs for registered nurses, licensed practical
nurses, and nurse aides employed by the facility;
(b) Costs for direct care staff, administrative nursing
staff, medical directors, respiratory therapists, and except as
provided in division (H)(2) of this section, other persons holding
degrees qualifying them to provide therapy;
(c) Costs of purchased nursing services;
(d) Costs of quality assurance;
(e) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted by the director of job and family services in
accordance with Chapter 119. of the Revised Code, for personnel
listed in divisions (H)(1)(a), (b), and (d) of this section;
(f) Costs of consulting and management fees related to direct
care;
(g) Allocated direct care home office costs.
(2) In addition to the costs specified in division (H)(1) of
this section, for nursing facilities only, direct care costs
include costs of habilitation staff (other than habilitation
supervisors), medical supplies, oxygen, over-the-counter pharmacy
products, physical therapists, physical therapy assistants,
occupational therapists, occupational therapy assistants, speech
therapists, audiologists, habilitation supplies, and universal
precautions supplies.
(3) In addition to the costs specified in division (H)(1) of
this section, for intermediate care facilities for the mentally
retarded only, direct care costs include both of the following:
(a) Costs for physical therapists and physical therapy
assistants, occupational therapists and occupational therapy
assistants, speech therapists, audiologists, habilitation staff
(including habilitation supervisors), qualified mental retardation
professionals, program directors, social services staff,
activities staff, off-site day programming, psychologists and
psychology assistants, and social workers and counselors;
(b) Costs of training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or
costs for self-insurance claims and related costs as specified in
rules adopted under section 5111.02 of the Revised Code, for
personnel listed in division (H)(3)(a) of this section.
(4) Costs of other direct-care resources that are specified
as direct care costs in rules adopted under section 5111.02 of the
Revised Code.
(I) "Fiscal year" means the fiscal year of this state, as
specified in section 9.34 of the Revised Code.
(J) "Franchise permit fee" means the following:
(1) In the context of nursing facilities, the fee imposed by
sections 3721.50 to 3721.58 of the Revised Code;
(2) In the context of intermediate care facilities for the
mentally retarded, the fee imposed by sections 5112.30 to 5112.39
of the Revised Code.
(K) "Indirect care costs" means all reasonable costs incurred
by an intermediate care facility for the mentally retarded other
than direct care costs, other protected costs, or capital costs.
"Indirect care costs" includes but is not limited to costs of
habilitation supplies, pharmacy consultants, medical and
habilitation records, program supplies, incontinence supplies,
food, enterals, dietary supplies and personnel, laundry,
housekeeping, security, administration, liability insurance,
bookkeeping, purchasing department, human resources,
communications, travel, dues, license fees, subscriptions, home
office costs not otherwise allocated, legal services, accounting
services, minor equipment, maintenance and repairs, help-wanted
advertising, informational advertising, start-up costs,
organizational expenses, other interest, property insurance,
employee training and staff development, employee benefits,
payroll taxes, and workers' compensation premiums or costs for
self-insurance claims and related costs as specified in rules
adopted under section 5111.02 of the Revised Code, for personnel
listed in this division. Notwithstanding division (C)(1) of this
section, "indirect care costs" also means the cost of equipment,
including vehicles, acquired by operating lease executed before
December 1, 1992, if the costs are reported as administrative and
general costs on the facility's cost report for the cost reporting
period ending December 31, 1992.
(L) "Inpatient days" means all days during which a resident,
regardless of payment source, occupies a bed in a nursing facility
or intermediate care facility for the mentally retarded that is
included in the facility's certified capacity under Title XIX.
Therapeutic or hospital leave days for which payment is made under
section 5111.33 of the Revised Code are considered inpatient days
proportionate to the percentage of the facility's per resident per
day rate paid for those days.
(M) "Intermediate care facility for the mentally retarded"
means an intermediate care facility for the mentally retarded
certified as in compliance with applicable standards for the
medicaid program by the director of health in accordance with
Title XIX.
(N) "Maintenance and repair expenses" means, except as
provided in division (BB)(2) of this section, expenditures that
are necessary and proper to maintain an asset in a normally
efficient working condition and that do not extend the useful life
of the asset two years or more. "Maintenance and repair expenses"
includes but is not limited to the cost of ordinary repairs such
as painting and wallpapering.
(O) "Medicaid days" means all days during which a resident
who is a Medicaid medicaid recipient eligible for nursing facility
services occupies a bed in a nursing facility that is included in
the nursing facility's certified capacity under Title XIX.
Therapeutic or hospital leave days for which payment is made under
section 5111.33 of the Revised Code are considered Medicaid
medicaid days proportionate to the percentage of the nursing
facility's per resident per day rate paid for those days.
(P) "Nursing facility" means a facility, or a distinct part
of a facility, that is certified as a nursing facility by the
director of health in accordance with Title XIX and is not an
intermediate care facility for the mentally retarded. "Nursing
facility" includes a facility, or a distinct part of a facility,
that is certified as a nursing facility by the director of health
in accordance with Title XIX and is certified as a skilled nursing
facility by the director in accordance with Title XVIII.
(Q) "Operator" means the person or government entity
responsible for the daily operating and management decisions for a
nursing facility or intermediate care facility for the mentally
retarded.
(R) "Other protected costs" means costs incurred by an
intermediate care facility for the mentally retarded for medical
supplies; real estate, franchise, and property taxes; natural gas,
fuel oil, water, electricity, sewage, and refuse and hazardous
medical waste collection; allocated other protected home office
costs; and any additional costs defined as other protected costs
in rules adopted under section 5111.02 of the Revised Code.
(S)(1) "Owner" means any person or government entity that has
at least five per cent ownership or interest, either directly,
indirectly, or in any combination, in any of the following
regarding a nursing facility or intermediate care facility for the
mentally retarded:
(a) The land on which the facility is located;
(b) The structure in which the facility is located;
(c) Any mortgage, contract for deed, or other obligation
secured in whole or in part by the land or structure on or in
which the facility is located;
(d) Any lease or sublease of the land or structure on or in
which the facility is located.
(2) "Owner" does not mean a holder of a debenture or bond
related to the nursing facility or intermediate care facility for
the mentally retarded and purchased at public issue or a regulated
lender that has made a loan related to the facility unless the
holder or lender operates the facility directly or through a
subsidiary.
(T) "Patient" includes "resident."
(U) Except as provided in divisions (U)(1) and (2) of this
section, "per diem" means a nursing facility's or intermediate
care facility for the mentally retarded's actual, allowable costs
in a given cost center in a cost reporting period, divided by the
facility's inpatient days for that cost reporting period.
(1) When calculating indirect care costs for the purpose of
establishing rates under section 5111.241 of the Revised Code,
"per diem" means an intermediate care facility for the mentally
retarded's actual, allowable indirect care costs in a cost
reporting period divided by the greater of the facility's
inpatient days for that period or the number of inpatient days the
facility would have had during that period if its occupancy rate
had been eighty-five per cent.
(2) When calculating capital costs for the purpose of
establishing rates under section 5111.251 of the Revised Code,
"per diem" means a facility's actual, allowable capital costs in a
cost reporting period divided by the greater of the facility's
inpatient days for that period or the number of inpatient days the
facility would have had during that period if its occupancy rate
had been ninety-five per cent.
(V) "Provider" means an operator with a provider agreement.
(W) "Provider agreement" means a contract between the
department of job and family services and the operator of a
nursing facility or intermediate care facility for the mentally
retarded for the provision of nursing facility services or
intermediate care facility services for the mentally retarded
under the medicaid program.
(X) "Purchased nursing services" means services that are
provided in a nursing facility by registered nurses, licensed
practical nurses, or nurse aides who are not employees of the
facility.
(Y) "Reasonable" means that a cost is an actual cost that is
appropriate and helpful to develop and maintain the operation of
patient care facilities and activities, including normal standby
costs, and that does not exceed what a prudent buyer pays for a
given item or services. Reasonable costs may vary from provider to
provider and from time to time for the same provider.
(Z) "Related party" means an individual or organization that,
to a significant extent, has common ownership with, is associated
or affiliated with, has control of, or is controlled by, the
provider.
(1) An individual who is a relative of an owner is a related
party.
(2) Common ownership exists when an individual or individuals
possess significant ownership or equity in both the provider and
the other organization. Significant ownership or equity exists
when an individual or individuals possess five per cent ownership
or equity in both the provider and a supplier. Significant
ownership or equity is presumed to exist when an individual or
individuals possess ten per cent ownership or equity in both the
provider and another organization from which the provider
purchases or leases real property.
(3) Control exists when an individual or organization has the
power, directly or indirectly, to significantly influence or
direct the actions or policies of an organization.
(4) An individual or organization that supplies goods or
services to a provider shall not be considered a related party if
all of the following conditions are met:
(a) The supplier is a separate bona fide organization.
(b) A substantial part of the supplier's business activity of
the type carried on with the provider is transacted with others
than the provider and there is an open, competitive market for the
types of goods or services the supplier furnishes.
(c) The types of goods or services are commonly obtained by
other nursing facilities or intermediate care facilities for the
mentally retarded from outside organizations and are not a basic
element of patient care ordinarily furnished directly to patients
by the facilities.
(d) The charge to the provider is in line with the charge for
the goods or services in the open market and no more than the
charge made under comparable circumstances to others by the
supplier.
(AA) "Relative of owner" means an individual who is related
to an owner of a nursing facility or intermediate care facility
for the mentally retarded by one of the following relationships:
(2) Natural parent, child, or sibling;
(3) Adopted parent, child, or sibling;
(4) Stepparent, stepchild, stepbrother, or stepsister;
(5) Father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, or sister-in-law;
(6) Grandparent or grandchild;
(7) Foster caregiver, foster child, foster brother, or foster
sister.
(BB) "Renovation" and "extensive renovation" mean:
(1) Any betterment, improvement, or restoration of an
intermediate care facility for the mentally retarded started
before July 1, 1993, that meets the definition of a renovation or
extensive renovation established in rules adopted by the director
of job and family services in effect on December 22, 1992.
(2) In the case of betterments, improvements, and
restorations of intermediate care facilities for the mentally
retarded started on or after July 1, 1993:
(a) "Renovation" means the betterment, improvement, or
restoration of an intermediate care facility for the mentally
retarded beyond its current functional capacity through a
structural change that costs at least five hundred dollars per
bed. A renovation may include betterment, improvement,
restoration, or replacement of assets that are affixed to the
building and have a useful life of at least five years. A
renovation may include costs that otherwise would be considered
maintenance and repair expenses if they are an integral part of
the structural change that makes up the renovation project.
"Renovation" does not mean construction of additional space for
beds that will be added to a facility's licensed or certified
capacity.
(b) "Extensive renovation" means a renovation that costs more
than sixty-five per cent and no more than eighty-five per cent of
the cost of constructing a new bed and that extends the useful
life of the assets for at least ten years.
For the purposes of division (BB)(2) of this section, the
cost of constructing a new bed shall be considered to be forty
thousand dollars, adjusted for the estimated rate of inflation
from January 1, 1993, to the end of the calendar year during which
the renovation is completed, using the consumer price index for
shelter costs for all urban consumers for the north central
region, as published by the United States bureau of labor
statistics.
The department of job and family services may treat a
renovation that costs more than eighty-five per cent of the cost
of constructing new beds as an extensive renovation if the
department determines that the renovation is more prudent than
construction of new beds.
(CC) "Title XIX" means Title XIX of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.
(DD) "Title XVIII" means Title XVIII of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.
Sec. 5111.21. (A) In order to be eligible for medicaid
payments, the operator of a nursing facility or intermediate care
facility for the mentally retarded shall do all of the following:
(1) Enter into a provider agreement with the department as
provided in section 5111.22, 5111.671, or 5111.672 of the Revised
Code;
(2) Apply for and maintain a valid license to operate if so
required by law;
(3) Subject to division (B) of this section, comply with all
applicable state and federal laws and rules.
(B) A state rule that requires the operator of an
intermediate care facility for the mentally retarded to have
received approval of a plan for the proposed facility pursuant to
section 5123.042 of the Revised Code as a condition of the
operator being eligible for medicaid payments for the facility
does not apply if, under former section 5123.193 of the Revised
Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly
or section 5123.197 of the Revised Code, a residential facility
license was obtained or modified for the facility without
obtaining approval of such a plan.
(C)(1) Except as provided in division (C)(2) of this section,
the operator of a nursing facility that elects to obtain and
maintain eligibility for payments under the medicaid program shall
qualify all of the facility's medicaid-certified beds in the
medicare program established by Title XVIII. The director of job
and family services may adopt rules under section 5111.02 of the
Revised Code to establish the time frame in which a nursing
facility must comply with this requirement.
(2) The department of veterans services is not required to
qualify all of the medicaid-certified beds in a nursing facility
the agency maintains and operates under section 5907.01 of the
Revised Code in the medicare program.
Sec. 5111.211. (A) Except as provided in division (C) of
this section, the department of developmental disabilities is
responsible for the nonfederal share of claims submitted for
services that are covered by the medicaid program and provided to
an eligible medicaid recipient by an intermediate care facility
for the mentally retarded if all of the following are the case:
(1) The services are provided on or after July 1, 2003;
(2) The facility receives initial certification by the
director of health as an intermediate care facility for the
mentally retarded on or after June 1, 2003;
(3) The facility, or a portion of the facility, is licensed
by the director of developmental disabilities as a residential
facility under section 5123.19 of the Revised Code;
(4) There is a valid provider agreement for the facility.
(B) Each month, the department of job and family services
shall invoice the department of developmental disabilities by
interagency transfer voucher for the claims for which the
department of developmental disabilities is responsible pursuant
to this section.
(C) Division (A) of this section does not apply to claims
submitted for an intermediate care facility for the mentally
retarded if, under former section 5123.193 of the Revised Code as
enacted by Am. Sub. H.B. 1 of the 128th general assembly or
section 5123.197 of the Revised Code, a residential facility
license was obtained or modified for the facility without
obtaining approval of a plan for the proposed residential facility
pursuant to section 5123.042 of the Revised Code.
Sec. 5111.222. (A) Except as otherwise provided by sections
5111.20 to 5111.33 of the Revised Code and by division (B) of this
section, the payments that the department of job and family
services shall agree to make to the provider of a nursing facility
pursuant to a provider agreement shall equal the sum of all of the
following:
(1) The rate for direct care costs determined for the nursing
facility under section 5111.231 of the Revised Code;
(2) The rate for ancillary and support costs determined for
the nursing facility's ancillary and support cost peer group under
section 5111.24 of the Revised Code;
(3) The rate for tax costs determined for the nursing
facility under section 5111.242 of the Revised Code;
(4) The rate for franchise permit fees determined for the
nursing facility under section 5111.243 of the Revised Code;
(5) The quality incentive payment, if any, paid to the
nursing facility under section 5111.244 of the Revised Code;
(6)(5) The median rate for capital costs determined for the
nursing facilities in the nursing facility's capital costs peer
group as determined under section 5111.25 of the Revised Code.
(B) The department shall adjust the rates otherwise
determined under divisions division (A)(1), (2), (3), and (6) of
this section as directed by the general assembly through the
enactment of law governing medicaid payments to providers of
nursing facilities, including any law that does either of the
following:
(1) Establishes establishes factors by which the rates are to
be adjusted;
(2) Establishes a methodology for phasing in the rates
determined for fiscal year 2006 under uncodified law the general
assembly enacts to rates determined for subsequent fiscal years
under sections 5111.20 to 5111.33 of the Revised Code.
Sec. 5111.224. (A) Except as otherwise provided by sections
5111.20 to 5111.33 of the Revised Code and by division (B) of this
section, the payments that the department of job and family
services shall agree to make to the provider of an intermediate
care facility for the mentally retarded pursuant to a provider
agreement shall equal the sum of all of the following:
(1) The rate for direct care costs determined for the
facility under section 5111.23 of the Revised Code;
(2) The rate for other protected costs determined for the
facility under section 5111.235 of the Revised Code;
(3) The rate for indirect care costs determined for the
facility under section 5111.241 of the Revised Code;
(4) The rate for capital costs determined for the facility
under section 5111.251 of the Revised Code.
(B) The department shall adjust the total rate otherwise
determined under division (A) of this section as directed by the
general assembly through the enactment of law governing medicaid
payments to providers of intermediate care facilities for the
mentally retarded.
Sec. 5111.225. (A) As used in this section:
"Dual eligible individual" has the same meaning as in section
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),
42 U.S.C. 1396n(h)(2)(B).
"Medicaid maximum allowable amount" means one hundred per
cent of a nursing facility's per diem rate for a medicaid day.
(B) The department of job and family services shall pay the
provider of a nursing facility the lesser of the following for
nursing facility services the nursing facility provides on or
after January 1, 2012, to a dual eligible individual who is
eligible for nursing facility services under the medicaid program
and post-hospital extended care services under Part A of Title
XVIII:
(1) The coinsurance amount for the services as provided under
Part A of Title XVIII;
(2) The medicaid maximum allowable amount for the services,
less the amount paid under Part A of Title XVIII for the services.
Sec. 5111.23. (A) The department of job and family services
shall pay a provider for each of the provider's eligible
intermediate care facilities for the mentally retarded a per
resident per day rate for direct care costs established
prospectively for each facility. The department shall establish
each facility's rate for direct care costs quarterly.
(B) Each facility's rate for direct care costs shall be based
on the facility's cost per case-mix unit, subject to the maximum
costs per case-mix unit established under division (B)(2) of this
section, from the calendar year preceding the fiscal year in which
the rate is paid. To determine the rate, the department shall do
all of the following:
(1) Determine each facility's cost per case-mix unit for the
calendar year preceding the fiscal year in which the rate will be
paid by dividing the facility's desk-reviewed, actual, allowable,
per diem direct care costs for that year by its average case-mix
score determined under section 5111.232 of the Revised Code for
the same calendar year.
(2)(a) Set the maximum cost per case-mix unit for each peer
group of intermediate care facilities for the mentally retarded
with more than eight beds specified in rules adopted under
division (E)(F) of this section at a percentage above the cost per
case-mix unit of the facility in the group that has the group's
median medicaid inpatient day for the calendar year preceding the
fiscal year in which the rate will be paid, as calculated under
division (B)(1) of this section, that is no less than the
percentage calculated under division (D)(E)(2) of this section.
(b) Set the maximum cost per case-mix unit for each peer
group of intermediate care facilities for the mentally retarded
with eight or fewer beds specified in rules adopted under division
(E)(F) of this section at a percentage above the cost per case-mix
unit of the facility in the group that has the group's median
medicaid inpatient day for the calendar year preceding the fiscal
year in which the rate will be paid, as calculated under division
(B)(1) of this section, that is no less than the percentage
calculated under division (D)(E)(3) of this section.
(c) In calculating the maximum cost per case-mix unit under
divisions (B)(2)(a) to and (b) of this section for each peer
group, the department shall exclude from its calculations the cost
per case-mix unit of any facility in the group that participated
in the medicaid program under the same operator for less than
twelve months during the calendar year preceding the fiscal year
in which the rate will be paid.
(3) Estimate the rate of inflation for the eighteen-month
period beginning on the first day of July of the calendar year
preceding the fiscal year in which the rate will be paid and
ending on the thirty-first day of December of the fiscal year in
which the rate will be paid, using the employment cost index for
total compensation, health services component, published by the
United States bureau of labor statistics specified in division (C)
of this section. If the estimated inflation rate for the
eighteen-month period is different from the actual inflation rate
for that period, as measured using the same index, the difference
shall be added to or subtracted from the inflation rate estimated
under division (B)(3) of this section for the following fiscal
year.
(4) The department shall not recalculate a maximum cost per
case-mix unit under division (B)(2) of this section or a
percentage under division (D)(E) of this section based on
additional information that it receives after the maximum costs
per case-mix unit or percentages are set. The department shall
recalculate a maximum cost per case-mix units or percentage only
if it made an error in computing the maximum cost per case-mix
unit or percentage based on information available at the time of
the original calculation.
(C) The department shall use the following index for the
purpose of division (B)(3) of this section:
(1) The employment cost index for total compensation, health
services component, published by the United States bureau of labor
statistics;
(2) If the United States bureau of labor statistics ceases to
publish the index specified in division (C)(1) of this section,
the index that is subsequently published by the bureau and covers
nursing facilities' staff costs.
(D) Each facility's rate for direct care costs shall be
determined as follows for each calendar quarter within a fiscal
year:
(1) Multiply the lesser of the following by the facility's
average case-mix score determined under section 5111.232 of the
Revised Code for the calendar quarter that preceded the
immediately preceding calendar quarter:
(a) The facility's cost per case-mix unit for the calendar
year preceding the fiscal year in which the rate will be paid, as
determined under division (B)(1) of this section;
(b) The maximum cost per case-mix unit established for the
fiscal year in which the rate will be paid for the facility's peer
group under division (B)(2) of this section;
(2) Adjust the product determined under division
(C)(D)(1) of
this section by the inflation rate estimated under division (B)(3)
of this section.
(D)(E)(1) The department shall calculate the percentage above
the median cost per case-mix unit determined under division (B)(1)
of this section for the facility that has the median medicaid
inpatient day for calendar year 1992 for all intermediate care
facilities for the mentally retarded with more than eight beds
that would result in payment of all desk-reviewed, actual,
allowable direct care costs for eighty and one-half per cent of
the medicaid inpatient days for such facilities for calendar year
1992.
(2) The department shall calculate the percentage above the
median cost per case-mix unit determined under division (B)(1) of
this section for the facility that has the median medicaid
inpatient day for calendar year 1992 for all intermediate care
facilities for the mentally retarded with eight or fewer beds that
would result in payment of all desk-reviewed, actual, allowable
direct care costs for eighty and one-half per cent of the medicaid
inpatient days for such facilities for calendar year 1992.
(E)(F) The director of job and family services shall adopt
rules under section 5111.02 of the Revised Code that specify peer
groups of intermediate care facilities for the mentally retarded
with more than eight beds and intermediate care facilities for the
mentally retarded with eight or fewer beds, based on findings of
significant per diem direct care cost differences due to geography
and facility bed-size. The rules also may specify peer groups
based on findings of significant per diem direct care cost
differences due to other factors which may include case-mix.
(F)(G) The department, in accordance with division (D) of
section 5111.232 of the Revised Code and rules adopted under
division (E)(F) of that section, may assign case-mix scores or
costs per case-mix unit if a provider fails to submit assessment
data necessary to calculate an intermediate care facility for the
mentally retarded's case-mix score in accordance with that
section.
Sec. 5111.231. (A) As used in this section, "applicable:
(1) "Applicable calendar year" means the following:
(1)(a) For the purpose of the department of job and family
services' initial determination under division (D) of this section
of each peer group's cost per case-mix unit, calendar year 2003;
(2)(b) For the purpose of the department's subsequent
determinations under division (D) of this section of each peer
group's cost per case-mix unit rebasings, the calendar year the
department selects.
(2) "Rebasing" means a redetermination under division (D) of
this section of each peer groups' cost per case-mix unit using
information from cost reports for an applicable calendar year that
is later than the applicable calendar year used for the previous
determination of such costs.
(B) The department of job and family services shall pay a
provider for each of the provider's eligible nursing facilities a
per resident per day rate for direct care costs determined
semiannually by multiplying the cost per case-mix unit determined
under division (D) of this section for the facility's peer group
by the facility's semiannual case-mix score determined under
section 5111.232 of the Revised Code.
(C) For the purpose of determining nursing facilities' rate
for direct care costs, the department shall establish three peer
groups.
Each nursing facility located in any of the following
counties shall be placed in peer group one: Brown, Butler,
Clermont, Clinton, Hamilton, and Warren.
Each nursing facility located in any of the following
counties shall be placed in peer group two: Ashtabula, Champaign,
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain,
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union,
and Wood.
Each nursing facility located in any of the following
counties shall be placed in peer group three: Adams, Allen,
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,
Washington, Wayne, Williams, and Wyandot.
(D)(1) At least once every ten years, the The department
shall determine a cost per case-mix unit for each peer group
established under division (C) of this section. A The department
is not required to conduct a rebasing more than once every ten
years. Except as necessary to implement the amendments made by
this act to this section, the cost per case-mix unit determined
under this division for a peer group shall be used for subsequent
years until the department
redetermines it conducts a rebasing.
To determine a peer group's cost per case-mix unit, the department
shall do all of the following:
(a) Determine the cost per case-mix unit for each nursing
facility in the peer group for the applicable calendar year by
dividing each facility's desk-reviewed, actual, allowable, per
diem direct care costs for the applicable calendar year by the
facility's annual average case-mix score determined under section
5111.232 of the Revised Code for the applicable calendar year.;
(b) Subject to division (D)(2) of this section, identify
which nursing facility in the peer group is at the twenty-fifth
percentile of the cost per case-mix units determined under
division (D)(1)(a) of this section.;
(c) Calculate the amount that is seven per cent above the
cost per case-mix unit determined under division (D)(1)(a) of this
section for the nursing facility identified under division
(D)(1)(b) of this section.
(d) Multiply the amount calculated under division (D)(1)(c)
of this section by Using the index specified in division (D)(3) of
this section, multiply the rate of inflation for the
eighteen-month period beginning on the first day of July of the
applicable calendar year and ending the last day of December of
the calendar year immediately following the applicable calendar
year using the following:
(i) In the case of the initial calculation made under
division (D)(1)(d) of this section, the employment cost index for
total compensation, health services component, published by the
United States bureau of labor statistics, as the index existed on
July 1, 2005;
(ii) In the case of subsequent calculations made under
division (D)(1)(d) of this section and except as provided in
division (D)(1)(d)(iii) of this section, the employment cost index
for total compensation, nursing and residential care facilities
occupational group, published by the United States bureau of labor
statistics;
(iii) If the United States bureau of labor statistics ceases
to publish the index specified in division (D)(1)(d)(ii) of this
section, the index the bureau subsequently publishes that covers
nursing facilities' staff costs by the cost per case-mix unit
determined under division (D)(1)(a) of this section for the
nursing facility identified under division (D)(1)(b) of this
section;
(d) Until the first rebasing occurs, add one dollar and
eighty-eight cents to the amount calculated under division
(D)(1)(c) of this section.
(2) In making the identification under division (D)(1)(b) of
this section, the department shall exclude both of the following:
(a) Nursing facilities that participated in the medicaid
program under the same provider for less than twelve months in the
applicable calendar year;
(b) Nursing facilities whose cost per case-mix unit is more
than one standard deviation from the mean cost per case-mix unit
for all nursing facilities in the nursing facility's peer group
for the applicable calendar year.
(3) The following index shall be used for the purpose of the
calculation made under division (D)(1)(c) of this section:
(a) Until the first rebasing occurs, the employment cost
index for total compensation, health services component, published
by the United States bureau of labor statistics, as the index
existed on July 1, 2005;
(b) Effective with the first rebasing and except as provided
in division (D)(3)(c) of this section, the employment cost index
for total compensation, nursing and residential care facilities
occupational group, published by the United States bureau of labor
statistics;
(c) If the United States bureau of labor statistics ceases to
publish the index specified in division (D)(3)(b) of this section,
the index the bureau subsequently publishes that covers nursing
facilities' staff costs.
(4) The department shall not redetermine a peer group's cost
per case-mix unit under this division based on additional
information that it receives after the peer group's per case-mix
unit is determined. The department shall redetermine a peer
group's cost per case-mix unit only if it made an error in
determining the peer group's cost per case-mix unit based on
information available to the department at the time of the
original determination.
Sec. 5111.235. (A) The department of job and family services
shall pay a provider for each of the provider's eligible
intermediate care facilities for the mentally retarded a per
resident per day rate for other protected costs established
prospectively each fiscal year for each facility. The rate for
each facility shall be the facility's desk-reviewed, actual,
allowable, per diem other protected costs from the calendar year
preceding the fiscal year in which the rate will be paid, all
adjusted for the estimated inflation rate for the eighteen-month
period beginning on the first day of July of the calendar year
preceding the fiscal year in which the rate will be paid and
ending on the thirty-first day of December of that fiscal year.
The department shall estimate inflation using the consumer price
index for all urban consumers for nonprescription drugs and
medical supplies, as published by the United States bureau of
labor statistics specified in division (B) of this section. If the
estimated inflation rate for the eighteen-month period is
different from the actual inflation rate for that period, the
difference shall be added to or subtracted from the inflation rate
estimated for the following year.
(B) The department shall use the following index for the
purpose of division (A) of this section:
(1) The consumer price index for all urban consumers for
nonprescription drugs and medical supplies, as published by the
United States bureau of labor statistics;
(2) If the United States bureau of labor statistics ceases to
publish the index specified in division (B)(1) of this section,
the index that is subsequently published by the bureau and covers
nonprescription drugs and medical supplies.
Sec. 5111.24. (A) As used in this section, "applicable:
(1) "Applicable calendar year" means the following:
(1)(a) For the purpose of the department of job and family
services' initial determination under division (D) of this section
of each peer group's rate for ancillary and support costs,
calendar year 2003;
(2)(b) For the purpose of the department's subsequent
determinations under division (D) of this section of each peer
group's rate for ancillary and support costs rebasings, the
calendar year the department selects.
(2) "Rebasing" means a redetermination under division (D) of
this section of each peer groups' rate for ancillary and support
costs using information from cost reports for an applicable
calendar year that is later than the applicable calendar year used
for the previous determination of such rates.
(B) The department of job and family services shall pay a
provider for each of the provider's eligible nursing facilities a
per resident per day rate for ancillary and support costs
determined for the nursing facility's peer group under division
(D) of this section.
(C) For the purpose of determining nursing facilities' rate
for ancillary and support costs, the department shall establish
six peer groups.
Each nursing facility located in any of the following
counties shall be placed in peer group one or two: Brown, Butler,
Clermont, Clinton, Hamilton, and Warren. Each nursing facility
located in any of those counties that has fewer than one hundred
beds shall be placed in peer group one. Each nursing facility
located in any of those counties that has one hundred or more beds
shall be placed in peer group two.
Each nursing facility located in any of the following
counties shall be placed in peer group three or four: Ashtabula,
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,
Union, and Wood. Each nursing facility located in any of those
counties that has fewer than one hundred beds shall be placed in
peer group three. Each nursing facility located in any of those
counties that has one hundred or more beds shall be placed in peer
group four.
Each nursing facility located in any of the following
counties shall be placed in peer group five or six: Adams, Allen,
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,
Washington, Wayne, Williams, and Wyandot. Each nursing facility
located in any of those counties that has fewer than one hundred
beds shall be placed in peer group five. Each nursing facility
located in any of those counties that has one hundred or more beds
shall be placed in peer group six.
(D)(1) At least once every ten years, the The department
shall determine the rate for ancillary and support costs for each
peer group established under division (C) of this section. The
department is not required to conduct a rebasing more than once
every ten years. Except as necessary to implement the amendments
made by this act to this section, the rate for ancillary and
support costs determined under this division for a peer group
shall be used for subsequent years until the department
redetermines it conducts a rebasing. To determine a peer group's
rate for ancillary and support costs, the department shall do all
of the following:
(a) Determine Subject to division (D)(2) of this section,
determine the rate for ancillary and support costs for each
nursing facility in the peer group for the applicable calendar
year by using the greater of the nursing facility's actual
inpatient days for the applicable calendar year or the inpatient
days the nursing facility would have had for the applicable
calendar year if its occupancy rate had been ninety per cent. For
the purpose of determining a nursing facility's occupancy rate
under division (D)(1)(a) of this section, the department shall
include any beds that the nursing facility removes from its
medicaid-certified capacity unless the nursing facility also
removes the beds from its licensed bed capacity.;
(b) Subject to division (D)(2)(3) of this section, identify
which nursing facility in the peer group is at the twenty-fifth
percentile of the rate for ancillary and support costs for the
applicable calendar year determined under division (D)(1)(a) of
this section.;
(c) Calculate the amount that is three per cent above the
rate for ancillary and support costs determined under division
(D)(1)(a) of this section for the nursing facility identified
under division (D)(1)(b) of this section.
(d) Multiply the amount calculated rate for ancillary and
support costs determined under division (D)(1)(c)(a) of this
section for the nursing facility identified under division
(D)(1)(b) of this section by the rate of inflation for the
eighteen-month period beginning on the first day of July of the
applicable calendar year and ending the last day of December of
the calendar year immediately following the applicable calendar
year using the following:
(i) In the case of the initial calculation made under
division (D)(1)(d) of this section Until the first rebasing
occurs, the consumer price index for all items for all urban
consumers for the north central region, published by the United
States bureau of labor statistics, as that index existed on July
1, 2005;
(ii) In the case of subsequent calculations made under
division (D)(1)(d) of this section Effective with the first
rebasing and except as provided in division (D)(1)(d)(c)(iii) of
this section, the consumer price index for all items for all urban
consumers for the midwest region, published by the United States
bureau of labor statistics;
(iii) If the United States bureau of labor statistics ceases
to publish the index specified in division (D)(1)(d)(c)(ii) of
this section, the index the bureau subsequently publishes that
covers urban consumers' prices for items for the region that
includes this state.
(2) For the purpose of determining a nursing facility's
occupancy rate under division (D)(1)(a) of this section, the
department shall include any beds that the nursing facility
removes from its medicaid-certified capacity unless the nursing
facility also removes the beds from its licensed bed capacity.
(3) In making the identification under division (D)(1)(b) of
this section, the department shall exclude both of the following:
(a) Nursing facilities that participated in the medicaid
program under the same provider for less than twelve months in the
applicable calendar year;
(b) Nursing facilities whose ancillary and support costs are
more than one standard deviation from the mean desk-reviewed,
actual, allowable, per diem ancillary and support cost for all
nursing facilities in the nursing facility's peer group for the
applicable calendar year.
(3)(4) The department shall not redetermine a peer group's
rate for ancillary and support costs under this division based on
additional information that it receives after the rate is
determined. The department shall redetermine a peer group's rate
for ancillary and support costs only if it the department made an
error in determining the rate based on information available to
the department at the time of the original determination.
Sec. 5111.241. (A) The department of job and family services
shall pay a provider for each of the provider's eligible
intermediate care facilities for the mentally retarded a per
resident per day rate for indirect care costs established
prospectively each fiscal year for each facility. The rate for
each intermediate care facility for the mentally retarded shall be
the sum of the following, but shall not exceed the maximum rate
established for the facility's peer group under division (B) of
this section:
(1) The facility's desk-reviewed, actual, allowable, per diem
indirect care costs from the calendar year preceding the fiscal
year in which the rate will be paid, adjusted for the inflation
rate estimated under division (C)(1) of this section;
(2) An efficiency incentive in the following amount:
(a) For fiscal years ending in even-numbered calendar years:
(i) In the case of intermediate care facilities for the
mentally retarded with more than eight beds, seven and one-tenth
per cent of the maximum rate established for the facility's peer
group under division (B) of this section;
(ii) In the case of intermediate care facilities for the
mentally retarded with eight or fewer beds, seven per cent of the
maximum rate established for the facility's peer group under
division (B) of this section;
(b) For fiscal years ending in odd-numbered calendar years,
the amount calculated for the preceding fiscal year under division
(A)(2)(a) of this section.
(B)(1) The maximum rate for indirect care costs for each peer
group of intermediate care facilities for the mentally retarded
with more than eight beds specified in rules adopted under
division (D) of this section shall be determined as follows:
(a) For fiscal years ending in even-numbered calendar years,
the maximum rate for each peer group shall be the rate that is no
less than twelve and four-tenths per cent above the median
desk-reviewed, actual, allowable, per diem indirect care cost for
all intermediate care facilities for the mentally retarded with
more than eight beds in the group, excluding facilities in the
group whose indirect care costs for that period are more than
three standard deviations from the mean desk-reviewed, actual,
allowable, per diem indirect care cost for all intermediate care
facilities for the mentally retarded with more than eight beds,
for the calendar year preceding the fiscal year in which the rate
will be paid, adjusted by the inflation rate estimated under
division (C)(1) of this section.
(b) For fiscal years ending in odd-numbered calendar years,
the maximum rate for each peer group is the group's maximum rate
for the previous fiscal year, adjusted for the inflation rate
estimated under division (C)(2) of this section.
(2) The maximum rate for indirect care costs for each peer
group of intermediate care facilities for the mentally retarded
with eight or fewer beds specified in rules adopted under division
(D) of this section shall be determined as follows:
(a) For fiscal years ending in even-numbered calendar years,
the maximum rate for each peer group shall be the rate that is no
less than ten and three-tenths per cent above the median
desk-reviewed, actual, allowable, per diem indirect care cost for
all intermediate care facilities for the mentally retarded with
eight or fewer beds in the group, excluding facilities in the
group whose indirect care costs are more than three standard
deviations from the mean desk-reviewed, actual, allowable, per
diem indirect care cost for all intermediate care facilities for
the mentally retarded with eight or fewer beds, for the calendar
year preceding the fiscal year in which the rate will be paid,
adjusted by the inflation rate estimated under division (C)(1) of
this section.
(b) For fiscal years that end in odd-numbered calendar years,
the maximum rate for each peer group is the group's maximum rate
for the previous fiscal year, adjusted for the inflation rate
estimated under division (C)(2) of this section.
(3) The department shall not recalculate a maximum rate for
indirect care costs under division (B)(1) or (2) of this section
based on additional information that it receives after the maximum
rate is set. The department shall recalculate the maximum rate for
indirect care costs only if it made an error in computing the
maximum rate based on the information available at the time of the
original calculation.
(C)(1) When adjusting rates for inflation under divisions
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department
shall estimate the rate of inflation for the eighteen-month period
beginning on the first day of July of the calendar year preceding
the fiscal year in which the rate will be paid and ending on the
thirty-first day of December of the fiscal year in which the rate
will be paid, using the. To estimate the rate of inflation, the
department shall use the following:
(a) The consumer price index for all items for all urban
consumers for the north central region, published by the United
States bureau of labor statistics;
(b) If the United States bureau of labor statistics ceases to
publish the index specified in division (C)(1)(a) of this section,
a comparable index that the bureau publishes and the department
determines is appropriate.
(2) When adjusting rates for inflation under divisions
(B)(1)(b) and (B)(2)(b) of this section, the department shall
estimate the rate of inflation for the twelve-month period
beginning on the first day of January of the fiscal year preceding
the fiscal year in which the rate will be paid and ending on the
thirty-first day of December of the fiscal year in which the rate
will be paid, using the. To estimate the rate of inflation, the
department shall use the following:
(a) The consumer price index for all items for all urban
consumers for the north central region, published by the United
States bureau of labor statistics;
(b) If the United States bureau of labor statistics ceases to
publish the index specified in division (C)(2)(a) of this section,
a comparable index that the bureau publishes and the department
determines is appropriate.
(3) If an inflation rate estimated under division (C)(1) or
(2) of this section is different from the actual inflation rate
for the relevant time period, as measured using the same index,
the difference shall be added to or subtracted from the inflation
rate estimated pursuant to this division for the following fiscal
year.
(D) The director of job and family services shall adopt rules
under section 5111.02 of the Revised Code that specify peer groups
of intermediate care facilities for the mentally retarded with
more than eight beds, and peer groups of intermediate care
facilities for the mentally retarded with eight or fewer beds,
based on findings of significant per diem indirect care cost
differences due to geography and facility bed-size. The rules also
may specify peer groups based on findings of significant per diem
indirect care cost differences due to other factors, including
case-mix.
Sec. 5111.244. (A) As used in this section, "deficiency" and
"standard survey" have the same meanings as in section 5111.35 of
the Revised Code.
(B) Each fiscal year Subject to division (D) of this section,
the department of job and family services shall pay the provider
of each nursing facility a quality incentive payment. The amount
of a quality incentive payment paid to a provider
for a fiscal
year shall be based on the number of points the provider's nursing
facility is awarded under division (C) of this section for
that
fiscal year meeting accountability measures. The amount of a
quality incentive payment paid to a provider of a nursing facility
that is awarded no points may be zero. The mean payment for fiscal
year 2007, weighted by medicaid days, shall be three dollars per
medicaid day. The department shall adjust the mean payment for
subsequent fiscal years by the same adjustment factors the
department uses to adjust, pursuant to division (B) of section
5111.222 of the Revised Code, nursing facilities' rates otherwise
determined under divisions (A)(1), (2), (3), and (6) of that
section.
(C)(1) Except as provided by
division divisions (C)(2) and
(D) of this section, the department shall annually award each
nursing facility participating in the medicaid program one point
for each of the following accountability measures the facility
meets:
(a) The facility had no health deficiencies on the facility's
most recent standard survey.
(b) The facility had no health deficiencies with a scope and
severity level greater than E, as determined under nursing
facility certification standards established under Title XIX, on
the facility's most recent standard survey.
(c) The facility's resident satisfaction is above the
statewide average.
(d) The facility's family satisfaction is above the statewide
average.
(e) The number of hours the facility employs nurses is above
the statewide average.
(f) The facility's employee retention rate is above the
average for the facility's peer group established in division (C)
of section 5111.231 of the Revised Code.
(g) The facility's occupancy rate is above the statewide
average.
(h) The facility's medicaid utilization rate is above the
statewide average.
(i) The facility's case-mix score is above the statewide
average.
(2) The department shall award points pursuant to division
(C)(1)(c) or (d) of this section to a nursing facility only for a
fiscal year immediately following a calendar year for which if a
survey of resident or family satisfaction has been was conducted
under section 173.47 of the Revised Code for the nursing facility
in calendar year 2010.
(D) The department shall cease to award points to nursing
facilities under division (C) of this section on the earlier of
the effective date of the rules adopted under division (E) of this
section establishing new accountability measures and July 1, 2012.
If the effective date of the rules establishing the new
accountability measures is after July 1, 2012, the department
shall not award any points, and therefore not pay quality
incentive payments, for the period beginning July 1, 2012, and
ending on the effective date of the rules. Once the rules are in
effect, the department shall award each nursing facility
participating in the medicaid program points in accordance with
the new accountability measures established in the rules.
(E) The director of job and family services shall adopt rules
under section 5111.02 of the Revised Code as necessary to
implement this section. The rules shall include, including rules
governing the methodology for converting points awarded under this
section into quality incentive payments and rules establishing the
system for awarding points under division (C) of this section. The
director shall strive to have in effect not later than July 1,
2012, rules establishing new accountability measures for the
purpose of division (D) of this section. In adopting those rules,
the director shall collaborate with persons interested in the
issue of medicaid coverage of nursing facility services. The new
accountability measures shall include measures relating to the
quality of care that nursing facilities provide their residents
and the residents' quality of life.
Sec. 5111.25. (A) As used in this section, "applicable:
(1) "Applicable calendar year" means the following:
(1)(a) For the purpose of the department of job and family
services' initial determination under division (D) of this section
of each peer group's median rate for capital costs, calendar year
2003;
(2)(b) For the purpose of the department's subsequent
determinations under division (D) of this section of each peer
group's median rate for capital costs rebasings, the calendar year
the department selects.
(2) "Rebasing" means a redetermination under division (D) of
this section of each peer groups' rate for capital costs using
information from cost reports for an applicable calendar year that
is later than the applicable calendar year used for the previous
determination of such rates.
(B) The department of job and family services shall pay a
provider for each of the provider's eligible nursing facilities a
per resident per day rate for capital costs. A nursing facility's
rate for capital costs shall be the median rate for capital costs
for the nursing facilities in determined for the nursing
facility's peer group as determined under division (D) of this
section.
(C) For the purpose of determining nursing facilities' rate
for capital costs, the department shall establish six peer groups.
Each nursing facility located in any of the following
counties shall be placed in peer group one or two: Brown, Butler,
Clermont, Clinton, Hamilton, and Warren. Each nursing facility
located in any of those counties that has fewer than one hundred
beds shall be placed in peer group one. Each nursing facility
located in any of those counties that has one hundred or more beds
shall be placed in peer group two.
Each nursing facility located in any of the following
counties shall be placed in peer group three or four: Ashtabula,
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette,
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking,
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow,
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit,
Union, and Wood. Each nursing facility located in any of those
counties that has fewer than one hundred beds shall be placed in
peer group three. Each nursing facility located in any of those
counties that has one hundred or more beds shall be placed in peer
group four.
Each nursing facility located in any of the following
counties shall be placed in peer group five or six: Adams, Allen,
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana,
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin,
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson,
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe,
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland,
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton,
Washington, Wayne, Williams, and Wyandot. Each nursing facility
located in any of those counties that has fewer than one hundred
beds shall be placed in peer group five. Each nursing facility
located in any of those counties that has one hundred or more beds
shall be placed in peer group six.
(D)(1) At least once every ten years, the The department
shall determine the median rate for capital costs for each peer
group established under division (C) of this section. The median
department is not required to conduct a rebasing more than once
every ten years. Except as necessary to implement the amendments
made by this act to this section, the rate for capital costs
determined under this division for a peer group shall be used for
subsequent years until the department
redetermines it conducts a
rebasing. To determine a A peer group's median rate for capital
costs shall be the rate for capital costs determined for the
nursing facility in the peer group that is at the twenty-fifth
percentile of the rate for capital costs for the applicable
calendar year. In identifying that nursing facility, the
department shall do both of the following:
(a) Subject to division (D)(2) of this section, use the
greater of each nursing facility's actual inpatient days for the
applicable calendar year or the inpatient days the nursing
facility would have had for the applicable calendar year if its
occupancy rate had been one hundred per cent.;
(b) Exclude both of the following:
(i) Nursing facilities that participated in the medicaid
program under the same provider for less than twelve months in the
applicable calendar year;
(ii) Nursing facilities whose capital costs are more than one
standard deviation from the mean desk-reviewed, actual, allowable,
per diem capital cost for all nursing facilities in the nursing
facility's peer group for the applicable calendar year.
(2) For the purpose of determining a nursing facility's
occupancy rate under division (D)(1)(a) of this section, the
department shall include any beds that the nursing facility
removes from its medicaid-certified capacity after June 30, 2005,
unless the nursing facility also removes the beds from its
licensed bed capacity.
(3) The department shall not redetermine a peer group's rate
for capital costs under this division based on additional
information that it receives after the rate is determined. The
department shall redetermine a peer group's rate for capital costs
only if the department made an error in determining the rate based
on information available to the department at the time of the
original determination.
(E) Buildings shall be depreciated using the straight line
method over forty years or over a different period approved by the
department. Components and equipment shall be depreciated using
the straight-line method over a period designated in rules adopted
under section 5111.02 of the Revised Code, consistent with the
guidelines of the American hospital association, or over a
different period approved by the department. Any rules authorized
by this division that specify useful lives of buildings,
components, or equipment apply only to assets acquired on or after
July 1, 1993. Depreciation for costs paid or reimbursed by any
government agency shall not be included in capital costs unless
that part of the payment under sections 5111.20 to 5111.33 of the
Revised Code is used to reimburse the government agency.
(F) The capital cost basis of nursing facility assets shall
be determined in the following manner:
(1) Except as provided in division (F)(3) of this section,
for purposes of calculating the rates to be paid for facilities
with dates of licensure on or before June 30, 1993, the capital
cost basis of each asset shall be equal to the desk-reviewed,
actual, allowable, capital cost basis that is listed on the
facility's cost report for the calendar year preceding the fiscal
year during which the rate will be paid.
(2) For facilities with dates of licensure after June 30,
1993, the capital cost basis shall be determined in accordance
with the principles of the medicare program established under
Title XVIII, except as otherwise provided in sections 5111.20 to
5111.33 of the Revised Code.
(3) Except as provided in division (F)(4) of this section, if
a provider transfers an interest in a facility to another provider
after June 30, 1993, there shall be no increase in the capital
cost basis of the asset if the providers are related parties or
the provider to which the interest is transferred authorizes the
provider that transferred the interest to continue to operate the
facility under a lease, management agreement, or other
arrangement. If the previous sentence does not prohibit the
adjustment of the capital cost basis under this division, the
basis of the asset shall be adjusted by the lesser of the
following:
(a) One-half of the change in construction costs during the
time that the transferor held the asset, as calculated by the
department of job and family services using the "Dodge building
cost indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half one-half of the change in the consumer price
index for all items for all urban consumers, as published by the
United States bureau of labor statistics, during the time that the
transferor held the asset.
(4) If a provider transfers an interest in a facility to
another provider who is a related party, the capital cost basis of
the asset shall be adjusted as specified in division (F)(3) of
this section if all of the following conditions are met:
(a) The related party is a relative of owner;
(b) Except as provided in division (F)(4)(c)(ii) of this
section, the provider making the transfer retains no ownership
interest in the facility;
(c) The department of job and family services determines that
the transfer is an arm's length transaction pursuant to rules
adopted under section 5111.02 of the Revised Code. The rules shall
provide that a transfer is an arm's length transaction if all of
the following apply:
(i) Once the transfer goes into effect, the provider that
made the transfer has no direct or indirect interest in the
provider that acquires the facility or the facility itself,
including interest as an owner, officer, director, employee,
independent contractor, or consultant, but excluding interest as a
creditor.
(ii) The provider that made the transfer does not reacquire
an interest in the facility except through the exercise of a
creditor's rights in the event of a default. If the provider
reacquires an interest in the facility in this manner, the
department shall treat the facility as if the transfer never
occurred when the department calculates its reimbursement rates
for capital costs.
(iii) The transfer satisfies any other criteria specified in
the rules.
(d) Except in the case of hardship caused by a catastrophic
event, as determined by the department, or in the case of a
provider making the transfer who is at least sixty-five years of
age, not less than twenty years have elapsed since, for the same
facility, the capital cost basis was adjusted most recently under
division (F)(4) of this section or actual, allowable cost of
ownership was determined most recently under division (G)(9) of
this section.
(G) As used in this division:
"Imputed interest" means the lesser of the prime rate plus
two per cent or ten per cent.
"Lease expense" means lease payments in the case of an
operating lease and depreciation expense and interest expense in
the case of a capital lease.
"New lease" means a lease, to a different lessee, of a
nursing facility that previously was operated under a lease.
(1) Subject to division (B) of this section, for a lease of a
facility that was effective on May 27, 1992, the entire lease
expense is an actual, allowable capital cost during the term of
the existing lease. The entire lease expense also is an actual,
allowable capital cost if a lease in existence on May 27, 1992, is
renewed under either of the following circumstances:
(a) The renewal is pursuant to a renewal option that was in
existence on May 27, 1992;
(b) The renewal is for the same lease payment amount and
between the same parties as the lease in existence on May 27,
1992.
(2) Subject to division (B) of this section, for a lease of a
facility that was in existence but not operated under a lease on
May 27, 1992, actual, allowable capital costs shall include the
lesser of the annual lease expense or the annual depreciation
expense and imputed interest expense that would be calculated at
the inception of the lease using the lessor's entire historical
capital asset cost basis, adjusted by the lesser of the following
amounts:
(a) One-half of the change in construction costs during the
time the lessor held each asset until the beginning of the lease,
as calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half one-half of the change in the consumer price
index for all items for all urban consumers, as published by the
United States bureau of labor statistics, during the time the
lessor held each asset until the beginning of the lease.
(3) Subject to division (B) of this section, for a lease of a
facility with a date of licensure on or after May 27, 1992, that
is initially operated under a lease, actual, allowable capital
costs shall include the annual lease expense if there was a
substantial commitment of money for construction of the facility
after December 22, 1992, and before July 1, 1993. If there was not
a substantial commitment of money after December 22, 1992, and
before July 1, 1993, actual, allowable capital costs shall include
the lesser of the annual lease expense or the sum of the
following:
(a) The annual depreciation expense that would be calculated
at the inception of the lease using the lessor's entire historical
capital asset cost basis;
(b) The greater of the lessor's actual annual amortization of
financing costs and interest expense at the inception of the lease
or the imputed interest expense calculated at the inception of the
lease using seventy per cent of the lessor's historical capital
asset cost basis.
(4) Subject to division (B) of this section, for a lease of a
facility with a date of licensure on or after May 27, 1992, that
was not initially operated under a lease and has been in existence
for ten years, actual, allowable capital costs shall include the
lesser of the annual lease expense or the annual depreciation
expense and imputed interest expense that would be calculated at
the inception of the lease using the entire historical capital
asset cost basis of the lessor, adjusted by the lesser of the
following:
(a) One-half of the change in construction costs during the
time the lessor held each asset until the beginning of the lease,
as calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half one-half of the change in the consumer price
index for all items for all urban consumers, as published by the
United States bureau of labor statistics, during the time the
lessor held each asset until the beginning of the lease.
(5) Subject to division (B) of this section, for a new lease
of a facility that was operated under a lease on May 27, 1992,
actual, allowable capital costs shall include the lesser of the
annual new lease expense or the annual old lease payment. If the
old lease was in effect for ten years or longer, the old lease
payment from the beginning of the old lease shall be adjusted by
the lesser of the following:
(a) One-half of the change in construction costs from the
beginning of the old lease to the beginning of the new lease, as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half one-half of the change in the consumer price
index for all items for all urban consumers, as published by the
United States bureau of labor statistics, from the beginning of
the old lease to the beginning of the new lease.
(6) Subject to division (B) of this section, for a new lease
of a facility that was not in existence or that was in existence
but not operated under a lease on May 27, 1992, actual, allowable
capital costs shall include the lesser of annual new lease expense
or the annual amount calculated for the old lease under division
(G)(2), (3), (4), or (6) of this section, as applicable. If the
old lease was in effect for ten years or longer, the lessor's
historical capital asset cost basis shall be adjusted by the
lesser of the following, for purposes of calculating the annual
amount under division (G)(2), (3), (4), or (6) of this section:
(a) One-half of the change in construction costs from the
beginning of the old lease to the beginning of the new lease, as
calculated by the department using the "Dodge building cost
indexes, northeastern and north central states," published by
Marshall and Swift;
(b) One-half, adjusted by one-half of the change in the
consumer price index for all items for all urban consumers, as
published by the United States bureau of labor statistics, from
the beginning of the old lease to the beginning of the new lease.
In the case of a lease under division (G)(3) of this section
of a facility for which a substantial commitment of money was made
after December 22, 1992, and before July 1, 1993, the old lease
payment shall be adjusted for the purpose of determining the
annual amount.
(7) For any revision of a lease described in division (G)(1),
(2), (3), (4), (5), or (6) of this section, or for any subsequent
lease of a facility operated under such a lease, other than
execution of a new lease, the portion of actual, allowable capital
costs attributable to the lease shall be the same as before the
revision or subsequent lease.
(8) Except as provided in division (G)(9) of this section, if
a provider leases an interest in a facility to another provider
who is a related party or previously operated the facility, the
related party's or previous operator's actual, allowable capital
costs shall include the lesser of the annual lease expense or the
reasonable cost to the lessor.
(9) If a provider leases an interest in a facility to another
provider who is a related party, regardless of the date of the
lease, the related party's actual, allowable capital costs shall
include the annual lease expense, subject to the limitations
specified in divisions (G)(1) to (7) of this section, if all of
the following conditions are met:
(a) The related party is a relative of owner;
(b) If the lessor retains an ownership interest, it is,
except as provided in division (G)(9)(c)(ii) of this section, in
only the real property and any improvements on the real property;
(c) The department of job and family services determines that
the lease is an arm's length transaction pursuant to rules adopted
under section 5111.02 of the Revised Code. The rules shall provide
that a lease is an arm's length transaction if all of the
following apply:
(i) Once the lease goes into effect, the lessor has no direct
or indirect interest in the lessee or, except as provided in
division (G)(9)(b) of this section, the facility itself, including
interest as an owner, officer, director, employee, independent
contractor, or consultant, but excluding interest as a lessor.
(ii) The lessor does not reacquire an interest in the
facility except through the exercise of a lessor's rights in the
event of a default. If the lessor reacquires an interest in the
facility in this manner, the department shall treat the facility
as if the lease never occurred when the department calculates its
reimbursement rates for capital costs.
(iii) The lease satisfies any other criteria specified in the
rules.
(d) Except in the case of hardship caused by a catastrophic
event, as determined by the department, or in the case of a lessor
who is at least sixty-five years of age, not less than twenty
years have elapsed since, for the same facility, the capital cost
basis was adjusted most recently under division (F)(4) of this
section or actual, allowable capital costs were determined most
recently under division (G)(9) of this section.
(10) This division does not apply to leases of specific items
of equipment.
Sec. 5111.251. (A) The department of job and family services
shall pay a provider for each of the provider's eligible
intermediate care facilities for the mentally retarded for its
reasonable capital costs, a per resident per day rate established
prospectively each fiscal year for each intermediate care facility
for the mentally retarded. Except as otherwise provided in
sections 5111.20 to 5111.33 of the Revised Code, the rate shall be
based on the facility's capital costs for the calendar year
preceding the fiscal year in which the rate will be paid. The rate
shall equal the sum of the following:
(1) The facility's desk-reviewed, actual, allowable, per diem
cost of ownership for the preceding cost reporting period, limited
as provided in divisions (C) and (F) of this section;
(2) Any efficiency incentive determined under division (B) of
this section;
(3) Any amounts for renovations determined under division (D)
of this section;
(4) Any amounts for return on equity determined under
division (I)(H) of this section.
Buildings shall be depreciated using the straight line method
over forty years or over a different period approved by the
department. Components and equipment shall be depreciated using
the straight line method over a period designated by the director
of job and family services in rules adopted under section 5111.02
of the Revised Code, consistent with the guidelines of the
American hospital association, or over a different period approved
by the department of job and family services. Any rules authorized
by this division that specify useful lives of buildings,
components, or equipment apply only to assets acquired on or after
July 1, 1993. Depreciation for costs paid or reimbursed by any
government agency shall not be included in costs of ownership or
renovation unless that part of the payment under sections 5111.20
to 5111.33 of the Revised Code is used to reimburse the government
agency.
(B) The department of job and family services shall pay to a
provider for each of the provider's eligible intermediate care
facilities for the mentally retarded an efficiency incentive equal
to fifty per cent of the difference between any desk-reviewed,
actual, allowable cost of ownership and the applicable limit on
cost of ownership payments under division (C) of this section. For
purposes of computing the efficiency incentive, depreciation for
costs paid or reimbursed by any government agency shall be
considered as a cost of ownership, and the applicable limit under
division (C) of this section shall apply both to facilities with
more than eight beds and facilities with eight or fewer beds. The
efficiency incentive paid to a provider for a facility with eight
or fewer beds shall not exceed three dollars per patient day,
adjusted annually for the inflation rate for the twelve-month
period beginning on the first day of July of the calendar year
preceding the calendar year that precedes the fiscal year for
which the efficiency incentive is determined and ending on the
thirtieth day of the following June, using the consumer price
index for shelter costs for all urban consumers for the north
central region, as published by the United States bureau of labor
statistics.
(C) Cost of ownership payments for intermediate care
facilities for the mentally retarded with more than eight beds
shall not exceed the following limits:
(1) For facilities with dates of licensure prior to January
1, l958, not exceeding two dollars and fifty cents per patient
day;
(2) For facilities with dates of licensure after December 31,
l957, but prior to January 1, l968, not exceeding:
(a) Three dollars and fifty cents per patient day if the cost
of construction was three thousand five hundred dollars or more
per bed;
(b) Two dollars and fifty cents per patient day if the cost
of construction was less than three thousand five hundred dollars
per bed.
(3) For facilities with dates of licensure after December 31,
l967, but prior to January 1, l976, not exceeding:
(a) Four dollars and fifty cents per patient day if the cost
of construction was five thousand one hundred fifty dollars or
more per bed;
(b) Three dollars and fifty cents per patient day if the cost
of construction was less than five thousand one hundred fifty
dollars per bed, but exceeds three thousand five hundred dollars
per bed;
(c) Two dollars and fifty cents per patient day if the cost
of construction was three thousand five hundred dollars or less
per bed.
(4) For facilities with dates of licensure after December 31,
l975, but prior to January 1, l979, not exceeding:
(a) Five dollars and fifty cents per patient day if the cost
of construction was six thousand eight hundred dollars or more per
bed;
(b) Four dollars and fifty cents per patient day if the cost
of construction was less than six thousand eight hundred dollars
per bed but exceeds five thousand one hundred fifty dollars per
bed;
(c) Three dollars and fifty cents per patient day if the cost
of construction was five thousand one hundred fifty dollars or
less per bed, but exceeds three thousand five hundred dollars per
bed;
(d) Two dollars and fifty cents per patient day if the cost
of construction was three thousand five hundred dollars or less
per bed.
(5) For facilities with dates of licensure after December 31,
l978, but prior to January 1, l980, not exceeding:
(a) Six dollars per patient day if the cost of construction
was seven thousand six hundred twenty-five dollars or more per
bed;
(b) Five dollars and fifty cents per patient day if the cost
of construction was less than seven thousand six hundred
twenty-five dollars per bed but exceeds six thousand eight hundred
dollars per bed;
(c) Four dollars and fifty cents per patient day if the cost
of construction was six thousand eight hundred dollars or less per
bed but exceeds five thousand one hundred fifty dollars per bed;
(d) Three dollars and fifty cents per patient day if the cost
of construction was five thousand one hundred fifty dollars or
less but exceeds three thousand five hundred dollars per bed;
(e) Two dollars and fifty cents per patient day if the cost
of construction was three thousand five hundred dollars or less
per bed.
(6) For facilities with dates of licensure after December 31,
1979, but prior to January 1, 1981, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally licensed as residential facility beds by the department
of developmental disabilities;
(b) Six dollars per patient day if the beds were originally
licensed as nursing home beds by the department of health.
(7) For facilities with dates of licensure after December 31,
1980, but prior to January 1, 1982, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally licensed as residential facility beds by the department
of developmental disabilities;
(b) Six dollars and forty-five cents per patient day if the
beds were originally licensed as nursing home beds by the
department of health.
(8) For facilities with dates of licensure after December 31,
1981, but prior to January 1, 1983, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally licensed as residential facility beds by the department
of developmental disabilities;
(b) Six dollars and seventy-nine cents per patient day if the
beds were originally licensed as nursing home beds by the
department of health.
(9) For facilities with dates of licensure after December 31,
1982, but prior to January 1, 1984, not exceeding:
(a) Twelve dollars per patient day if the beds were
originally licensed as residential facility beds by the department
of developmental disabilities;
(b) Seven dollars and nine cents per patient day if the beds
were originally licensed as nursing home beds by the department of
health.
(10) For facilities with dates of licensure after December
31, 1983, but prior to January 1, 1985, not exceeding:
(a) Twelve dollars and twenty-four cents per patient day if
the beds were originally licensed as residential facility beds by
the department of developmental disabilities;
(b) Seven dollars and twenty-three cents per patient day if
the beds were originally licensed as nursing home beds by the
department of health.
(11) For facilities with dates of licensure after December
31, 1984, but prior to January 1, 1986, not exceeding:
(a) Twelve dollars and fifty-three cents per patient day if
the beds were originally licensed as residential facility beds by
the department of developmental disabilities;
(b) Seven dollars and forty cents per patient day if the beds
were originally licensed as nursing home beds by the department of
health.
(12) For facilities with dates of licensure after December
31, 1985, but prior to January 1, 1987, not exceeding:
(a) Twelve dollars and seventy cents per patient day if the
beds were originally licensed as residential facility beds by the
department of developmental disabilities;
(b) Seven dollars and fifty cents per patient day if the beds
were originally licensed as nursing home beds by the department of
health.
(13) For facilities with dates of licensure after December
31, 1986, but prior to January 1, 1988, not exceeding:
(a) Twelve dollars and ninety-nine cents per patient day if
the beds were originally licensed as residential facility beds by
the department of developmental disabilities;
(b) Seven dollars and sixty-seven cents per patient day if
the beds were originally licensed as nursing home beds by the
department of health.
(14) For facilities with dates of licensure after December
31, 1987, but prior to January 1, 1989, not exceeding thirteen
dollars and twenty-six cents per patient day;
(15) For facilities with dates of licensure after December
31, 1988, but prior to January 1, 1990, not exceeding thirteen
dollars and forty-six cents per patient day;
(16) For facilities with dates of licensure after December
31, 1989, but prior to January 1, 1991, not exceeding thirteen
dollars and sixty cents per patient day;
(17) For facilities with dates of licensure after December
31, 1990, but prior to January 1, 1992, not exceeding thirteen
dollars and forty-nine cents per patient day;
(18) For facilities with dates of licensure after December
31, 1991, but prior to January 1, 1993, not exceeding thirteen
dollars and sixty-seven cents per patient day;
(19) For facilities with dates of licensure after December
31, 1992, not exceeding fourteen dollars and twenty-eight cents
per patient day.
(D) Beginning January 1, 1981, regardless of the original
date of licensure, the department of job and family services shall
pay a rate for the per diem capitalized costs of renovations to
intermediate care facilities for the mentally retarded made after
January 1, l981, not exceeding six dollars per patient day using
1980 as the base year and adjusting the amount annually until June
30, 1993, for fluctuations in construction costs calculated by the
department using the "Dodge building cost indexes, northeastern
and north central states," published by Marshall and Swift. The
payment provided for in this division is the only payment that
shall be made for the capitalized costs of a nonextensive
renovation of an intermediate care facility for the mentally
retarded. Nonextensive renovation costs shall not be included in
cost of ownership, and a nonextensive renovation shall not affect
the date of licensure for purposes of division (C) of this
section. This division applies to nonextensive renovations
regardless of whether they are made by an owner or a lessee. If
the tenancy of a lessee that has made renovations ends before the
depreciation expense for the renovation costs has been fully
reported, the former lessee shall not report the undepreciated
balance as an expense.
For a nonextensive renovation to qualify for payment under
this division, both of the following conditions must be met:
(1) At least five years have elapsed since the date of
licensure or date of an extensive renovation of the portion of the
facility that is proposed to be renovated, except that this
condition does not apply if the renovation is necessary to meet
the requirements of federal, state, or local statutes, ordinances,
rules, or policies.
(2) The provider has obtained prior approval from the
department of job and family services. The provider shall submit a
plan that describes in detail the changes in capital assets to be
accomplished by means of the renovation and the timetable for
completing the project. The time for completion of the project
shall be no more than eighteen months after the renovation begins.
The director of job and family services shall adopt rules under
section 5111.02 of the Revised Code that specify criteria and
procedures for prior approval of renovation projects. No provider
shall separate a project with the intent to evade the
characterization of the project as a renovation or as an extensive
renovation. No provider shall increase the scope of a project
after it is approved by the department of job and family services
unless the increase in scope is approved by the department.
(E) The amounts specified in divisions (C) and (D) of this
section shall be adjusted beginning July 1, 1993, for the
estimated inflation for the twelve-month period beginning on the
first day of July of the calendar year preceding the calendar year
that precedes the fiscal year for which rate will be paid and
ending on the thirtieth day of the following June, using the
consumer price index for shelter costs for all urban consumers for
the north central region, as published by the United States bureau
of labor statistics.
(F)(1) For facilities of eight or fewer beds that have dates
of licensure or have been granted project authorization by the
department of developmental disabilities before July 1, 1993, and
for facilities of eight or fewer beds that have dates of licensure
or have been granted project authorization after that date if the
providers of the facilities demonstrate that they made substantial
commitments of funds on or before that date, cost of ownership
shall not exceed eighteen dollars and thirty cents per resident
per day. The eighteen-dollar and thirty-cent amount shall be
increased by the change in the "Dodge building cost indexes,
northeastern and north central states," published by Marshall and
Swift, during the period beginning June 30, 1990, and ending July
1, 1993, and by the change in the consumer price index for shelter
costs for all urban consumers for the north central region, as
published by the United States bureau of labor statistics,
annually thereafter.
(2) For facilities with eight or fewer beds that have dates
of licensure or have been granted project authorization by the
department of developmental disabilities on or after July 1, 1993,
for which substantial commitments of funds were not made before
that date, cost of ownership payments shall not exceed the
applicable amount calculated under division (F)(1) of this
section, if the department of job and family services gives prior
approval for construction of the facility. If the department does
not give prior approval, cost of ownership payments shall not
exceed the amount specified in division (C) of this section.
(3) Notwithstanding divisions (D) and (F)(1) and (2) of this
section, the total payment for cost of ownership, cost of
ownership efficiency incentive, and capitalized costs of
renovations for an intermediate care facility for the mentally
retarded with eight or fewer beds shall not exceed the sum of the
limitations specified in divisions (C) and (D) of this section.
(G) Notwithstanding any provision of this section or section
5111.241 of the Revised Code, the director of job and family
services may adopt rules under section 5111.02 of the Revised Code
that provide for a calculation of a combined maximum payment limit
for indirect care costs and cost of ownership for intermediate
care facilities for the mentally retarded with eight or fewer
beds.
(H)
After the date on which a transaction of sale is closed,
the provider shall refund to the department the amount of excess
depreciation paid to the provider for the facility by the
department for each year the provider has operated the facility
under a provider agreement and prorated according to the number of
medicaid patient days for which the provider has received payment
for the facility. For the purposes of this division, "depreciation
paid to the provider for the facility" means the amount paid to
the provider for the intermediate care facility for the mentally
retarded for cost of ownership pursuant to this section less any
amount paid for interest costs. For the purposes of this division,
"excess depreciation" is the intermediate care facility for the
mentally retarded's depreciated basis, which is the provider's
cost less accumulated depreciation, subtracted from the purchase
price but not exceeding the amount of depreciation paid to the
provider for the facility.
(I) The department of job and family services shall pay a
provider for each of the provider's eligible proprietary
intermediate care facilities for the mentally retarded a return on
the facility's net equity computed at the rate of one and one-half
times the average of interest rates on special issues of public
debt obligations issued to the federal hospital insurance trust
fund for the cost reporting period. No facility's return on net
equity paid under this division shall exceed one dollar per
patient day.
In calculating the rate for return on net equity, the
department shall use the greater of the facility's inpatient days
during the applicable cost reporting period or the number of
inpatient days the facility would have had during that period if
its occupancy rate had been ninety-five per cent.
(J)(I)(1) Except as provided in division
(J)(I)(2) of this
section, if a provider leases or transfers an interest in a
facility to another provider who is a related party, the related
party's allowable cost of ownership shall include the lesser of
the following:
(a) The annual lease expense or actual cost of ownership,
whichever is applicable;
(b) The reasonable cost to the lessor or provider making the
transfer.
(2) If a provider leases or transfers an interest in a
facility to another provider who is a related party, regardless of
the date of the lease or transfer, the related party's allowable
cost of ownership shall include the annual lease expense or actual
cost of ownership, whichever is applicable, subject to the
limitations specified in divisions (B) to
(I)(H) of this section,
if all of the following conditions are met:
(a) The related party is a relative of owner;
(b) In the case of a lease, if the lessor retains any
ownership interest, it is, except as provided in division
(J)(I)(2)(d)(ii) of this section, in only the real property and
any improvements on the real property;
(c) In the case of a transfer, the provider making the
transfer retains, except as provided in division (J)(I)(2)(d)(iv)
of this section, no ownership interest in the facility;
(d) The department of job and family services determines that
the lease or transfer is an arm's length transaction pursuant to
rules adopted under section 5111.02 of the Revised Code. The rules
shall provide that a lease or transfer is an arm's length
transaction if all of the following, as applicable, apply:
(i) In the case of a lease, once the lease goes into effect,
the lessor has no direct or indirect interest in the lessee or,
except as provided in division (J)(I)(2)(b) of this section, the
facility itself, including interest as an owner, officer,
director, employee, independent contractor, or consultant, but
excluding interest as a lessor.
(ii) In the case of a lease, the lessor does not reacquire an
interest in the facility except through the exercise of a lessor's
rights in the event of a default. If the lessor reacquires an
interest in the facility in this manner, the department shall
treat the facility as if the lease never occurred when the
department calculates its reimbursement rates for capital costs.
(iii) In the case of a transfer, once the transfer goes into
effect, the provider that made the transfer has no direct or
indirect interest in the provider that acquires the facility or
the facility itself, including interest as an owner, officer,
director, employee, independent contractor, or consultant, but
excluding interest as a creditor.
(iv) In the case of a transfer, the provider that made the
transfer does not reacquire an interest in the facility except
through the exercise of a creditor's rights in the event of a
default. If the provider reacquires an interest in the facility in
this manner, the department shall treat the facility as if the
transfer never occurred when the department calculates its
reimbursement rates for capital costs.
(v) The lease or transfer satisfies any other criteria
specified in the rules.
(e) Except in the case of hardship caused by a catastrophic
event, as determined by the department, or in the case of a lessor
or provider making the transfer who is at least sixty-five years
of age, not less than twenty years have elapsed since, for the
same facility, allowable cost of ownership was determined most
recently under this division.
Sec. 5111.254. (A) The department of job and family services
shall establish initial rates for a nursing facility with a first
date of licensure that is on or after July 1, 2006, including a
facility that replaces one or more existing facilities, or for a
nursing facility with a first date of licensure before that date
that was initially certified for the medicaid program on or after
that date, in the following manner:
(1) The rate for direct care costs shall be the product of
the cost per case-mix unit determined under division (D) of
section 5111.231 of the Revised Code for the facility's peer group
and the nursing facility's case-mix score. For the purpose of
division (A)(1) of this section, the nursing facility's case-mix
score shall be the following:
(a) Unless the nursing facility replaces an existing nursing
facility that participated in the medicaid program immediately
before the replacement nursing facility begins participating in
the medicaid program, the median annual average case-mix score for
the nursing facility's peer group;
(b) If the nursing facility replaces an existing nursing
facility that participated in the medicaid program immediately
before the replacement nursing facility begins participating in
the medicaid program, the semiannual case-mix score most recently
determined under section 5111.232 of the Revised Code for the
replaced nursing facility as adjusted, if necessary, to reflect
any difference in the number of beds in the replaced and
replacement nursing facilities.
(2) The rate for ancillary and support costs shall be the
rate for the facility's peer group determined under division (D)
of section 5111.24 of the Revised Code.
(3) The rate for capital costs shall be the median rate for
the facility's peer group determined under division (D) of section
5111.25 of the Revised Code.
(4) The rate for tax costs as defined in section 5111.242 of
the Revised Code shall be the median rate for tax costs for the
facility's peer group in which the facility is placed under
division (C) of section 5111.24 of the Revised Code.
(5) The quality incentive payment, if any, shall be the mean
payment specified in division (B) of made to nursing facilities
under section 5111.244 of the Revised Code.
(B) Subject to division (C) of this section, the department
shall adjust the rates established under division (A) of this
section effective the first day of July, to reflect new rate
calculations for all nursing facilities under sections 5111.20 to
5111.33 of the Revised Code.
(C) If a rate for direct care costs is determined under this
section for a nursing facility using the median annual average
case-mix score for the nursing facility's peer group, the rate
shall be redetermined to reflect the replacement nursing
facility's actual semiannual case-mix score determined under
section 5111.232 of the Revised Code after the nursing facility
submits its first two quarterly assessment data that qualify for
use in calculating a case-mix score in accordance with rules
authorized by division (E) of section 5111.232 of the Revised
Code. If the nursing facility's quarterly submissions do not
qualify for use in calculating a case-mix score, the department
shall continue to use the median annual average case-mix score for
the nursing facility's peer group in lieu of the nursing
facility's semiannual case-mix score until the nursing facility
submits two consecutive quarterly assessment data that qualify for
use in calculating a case-mix score.
Sec. 5111.258. (A) Notwithstanding sections 5111.20 to
5111.33 of the Revised Code (except section 5111.259 of the
Revised Code), the director of job and family services shall adopt
rules under section 5111.02 of the Revised Code that establish a
methodology for calculating the prospective rates that will be
paid each fiscal year to a provider for each of the provider's
eligible nursing facilities and intermediate care facilities for
the mentally retarded, and discrete units of the provider's
nursing facilities or intermediate care facilities for the
mentally retarded, that serve residents who have diagnoses or
special care needs that require direct care resources that are not
measured adequately by the applicable assessment instrument
specified in rules authorized by section 5111.232 of the Revised
Code, or who have diagnoses or special care needs specified in the
rules as otherwise qualifying for consideration under this
section. The facilities and units of facilities whose rates are
established under this division may include, but shall not be
limited to, any of the following:
(1) In the case of nursing facilities, facilities and units
of facilities that serve medically fragile pediatric residents,
residents who are dependent on ventilators, or residents who have
severe traumatic brain injury, end-stage Alzheimer's disease, or
end-stage acquired immunodeficiency syndrome;
(2) In the case of intermediate care facilities for the
mentally retarded, facilities and units of facilities that serve
residents who have complex medical conditions or severe behavioral
problems.
The department shall use the methodology established under
this division to pay for services rendered by such facilities and
units after June 30, 1993.
The rules authorized by this division shall specify the
criteria and procedures the department will apply when designating
facilities and units that qualify for calculation of rates under
this division. The criteria shall include consideration of whether
all of the allowable costs of the facility or unit would be paid
by rates established under sections 5111.20 to 5111.33 of the
Revised Code, and shall establish a minimum bed size for a
facility or unit to qualify to have its rates established under
this division. The criteria shall not be designed to require that
residents be served only in facilities located in large cities.
The methodology established by the rules shall consider the
historical costs of providing care to the residents of the
facilities or units.
The rules may require that a facility designated under this
division or containing a unit designated under this division
receive authorization from the department to admit or retain a
resident to the facility or unit and shall specify the criteria
and procedures the department will apply when granting that
authorization.
Notwithstanding any other provision of sections 5111.20 to
5111.33 of the Revised Code (except section 5111.259 of the
Revised Code), the costs incurred by facilities or units whose
rates are established under this division shall not be considered
in establishing payment rates for other facilities or units.
(B) The director may adopt rules under section 5111.02 of the
Revised Code under which the department, notwithstanding any other
provision of sections 5111.20 to 5111.33 of the Revised Code
(except section 5111.259 of the Revised Code), may adjust the
rates determined under sections 5111.20 to 5111.33 of the Revised
Code for a facility that serves a resident who has a diagnosis or
special care need that, in the rules authorized by division (A) of
this section, would qualify a facility or unit of a facility to
have its rate determined under that division, but who is not in
such a unit. The rules may require that a facility that qualifies
for a rate adjustment under this division receive authorization
from the department to admit or retain a resident who qualifies
the facility for the rate adjustment and shall specify the
criteria and procedures the department will apply when granting
that authorization.
Sec. 5111.259. The director of job and family services may
submit a request to the United States secretary of health and
human services for approval to establish a centers of excellence
component of the medicaid program. The purpose of the centers of
excellence component is to increase the efficiency and quality of
nursing facility services provided to medicaid recipients with
complex nursing facility service needs. If federal approval for
the centers of excellence component is granted, the director may
adopt rules under section 5111.02 of the Revised Code governing
the component, including rules that establish a method of
determining the medicaid reimbursement rates for nursing
facilities providing nursing facility services to medicaid
recipients participating in the component. The rules may specify
the extent to which, if any, of the provisions of section 5111.258
of the Revised Code are to apply to the centers of excellence
component. If such rules are adopted, the nursing facilities that
provide nursing facility services to medicaid recipients
participating in the centers of excellence component shall be paid
for those services in accordance with the method established in
the rules notwithstanding anything to the contrary in sections
5111.20 to 5111.33 of the Revised Code.
Sec. 5111.261. (A) Except as provided in division (B) of
this section and not later than three years after a provider files
a cost report with the department of job and family services under
section 5111.26 of the Revised Code, the provider may amend the
cost report if the provider discovers a material error in the cost
report or additional information to be included in the cost
report. The department shall review the amended cost report for
accuracy and notify the provider of its determination.
(B) A provider may not amend a cost report if the department
has notified the provider that an audit of the cost report or a
cost report of the provider for a subsequent cost reporting period
is to be conducted under section 5111.27 of the Revised Code. The
provider may, however, provide the department information that
affects the costs included in the cost report. Such information
may not be provided after the adjudication of the final settlement
of the cost report.
Sec. 5111.261 5111.263. Except as otherwise provided in
section 5111.264 of the Revised Code, the department of job and
family services, in determining whether an intermediate care
facility for the mentally retarded's direct care costs and
indirect care costs are allowable, shall place no limit on
specific categories of reasonable costs other than compensation of
owners, compensation of relatives of owners, and compensation of
administrators.
Compensation cost limits for owners and relatives of owners
shall be based on compensation costs for individuals who hold
comparable positions but who are not owners or relatives of
owners, as reported on facility cost reports. As used in this
section, "comparable position" means the position that is held by
the owner or the owner's relative, if that position is listed
separately on the cost report form, or if the position is not
listed separately, the group of positions that is listed on the
cost report form and that includes the position held by the owner
or the owner's relative. In the case of an owner or owner's
relative who serves the facility in a capacity such as corporate
officer, proprietor, or partner for which no comparable position
or group of positions is listed on the cost report form, the
compensation cost limit shall be based on civil service
equivalents and shall be specified in rules adopted under section
5111.02 of the Revised Code.
Compensation cost limits for administrators shall be based on
compensation costs for administrators who are not owners or
relatives of owners, as reported on facility cost reports.
Compensation cost limits for administrators of four or more
intermediate care facilities for the mentally retarded shall be
the same as the limits for administrators of intermediate care
facilities for the mentally retarded with one hundred fifty or
more beds.
Sec. 5111.27. (A) The department of job and family services
shall conduct a desk review of each cost report it receives under
section 5111.26 of the Revised Code. Based on the desk review, the
department shall make a preliminary determination of whether the
reported costs are allowable costs. The department shall notify
each provider of whether any of the reported costs are
preliminarily determined not to be allowable, the rate calculation
under sections 5111.20 to 5111.33 of the Revised Code that results
from that determination, and the reasons for the determination and
resulting rate. The department shall allow the provider to verify
the calculation and submit additional information.
(B) The department may conduct an audit, as defined by rule
adopted under section 5111.02 of the Revised Code, of any cost
report and shall notify the provider of its findings.
Audits shall be conducted by auditors under contract with or
employed by the department. The decision whether to conduct an
audit and the scope of the audit, which may be a desk or field
audit, shall may be determined based on prior performance of the
provider and may be based on, a risk analysis, or other evidence
that gives the department reason to believe that the provider has
reported costs improperly. A desk or field audit may be performed
annually, but is required whenever a provider does not pass the
risk analysis tolerance factors. An audit shall be conducted by
auditors under contract with or employed by the department. The
department shall notify a provider of the findings of an audit by
issuing an audit report. An audit report regarding a nursing
facility shall include notice of any fine imposed under section
5111.271 of the Revised Code. The department shall issue the audit
report no later than three years after the cost report is filed,
or upon the completion of a desk or field audit on the report or a
report for a subsequent cost reporting period, whichever is
earlier. During the time within which the department may issue an
audit report, the provider may amend the cost report upon
discovery of a material error or material additional information.
The department shall review the amended cost report for accuracy
and notify the provider of its determination.
The department may establish a contract for the auditing of
facilities by outside firms. Each contract entered into by bidding
shall be effective for one to two years. The department shall
establish an audit manual and program which shall require that all
field audits, conducted either pursuant to a contract or by
department employees:
(1) Comply with the applicable rules prescribed pursuant to
Titles XVIII and XIX;
(2) Consider generally accepted auditing standards prescribed
by the American institute of certified public accountants;
(3) Include a written summary as to whether the costs
included in the report examined during the audit are allowable and
are presented fairly in accordance with generally accepted
accounting principles and department rules state and federal laws
and regulations, and whether, in all material respects, allowable
costs are documented, reasonable, and related to patient care;
(4) Are conducted by accounting firms or auditors who, during
the period of the auditors' professional engagement or employment
and during the period covered by the cost reports, do not have nor
are committed to acquire any direct or indirect financial interest
in the ownership, financing, or operation of a nursing facility or
intermediate care facility for the mentally retarded in this
state;
(5) Are conducted by accounting firms or auditors who, as a
condition of the contract or employment, shall not audit any
facility that has been a client of the firm or auditor;
(6) Are conducted by auditors who are otherwise independent
as determined by the standards of independence
established by
included in the American institute of certified public accountants
government auditing standards produced by the United States
government accountability office;
(7) Are completed within the time period specified by the
department;
(8) Provide to the provider complete written interpretations
that explain in detail the application of all relevant contract
provisions, regulations, auditing standards, rate formulae, and
departmental policies, with explanations and examples, that are
sufficient to permit the provider to calculate with reasonable
certainty those costs that are allowable and the rate to which the
provider's facility is entitled.
For the purposes of division (B)(4) of this section,
employment of a member of an auditor's family by a nursing
facility or intermediate care facility for the mentally retarded
that the auditor does not review does not constitute a direct or
indirect financial interest in the ownership, financing, or
operation of the facility.
(C) The department, pursuant to rules adopted under section
5111.02 of the Revised Code, may conduct an exception review of
assessment data submitted under section 5111.232 of the Revised
Code. The department may conduct an exception review based on the
findings of a certification survey conducted by the department of
health, a risk analysis, or prior performance of the provider.
Exception reviews shall be conducted at the facility by
appropriate health professionals under contract with or employed
by the department of job and family services. The professionals
may review resident assessment forms and supporting documentation,
conduct interviews, and observe residents to identify any patterns
or trends of inaccurate assessments and resulting inaccurate
case-mix scores.
The rules shall establish an exception review program that
requires that exception reviews do all of the following:
(1) Comply with Titles XVIII and XIX;
(2) Provide a written summary that states whether the
resident assessment forms have been completed accurately;
(3) Are conducted by health professionals who, during the
period of their professional engagement or employment with the
department, neither have nor are committed to acquire any direct
or indirect financial interest in the ownership, financing, or
operation of a nursing facility or intermediate care facility for
the mentally retarded in this state;
(4) Are conducted by health professionals who, as a condition
of their engagement or employment with the department, shall not
review any provider that has been a client of the professional.
For the purposes of division (C)(3) of this section,
employment of a member of a health professional's family by a
nursing facility or intermediate care facility for the mentally
retarded that the professional does not review does not constitute
a direct or indirect financial interest in the ownership,
financing, or operation of the facility.
If an exception review is conducted before the effective date
of the rate that is based on the case-mix data subject to the
review and the review results in findings that exceed tolerance
levels specified in the rules adopted under this division, the
department, in accordance with those rules, may use the findings
to recalculate individual resident case-mix scores, quarterly
average facility case-mix scores, and annual average facility
case-mix scores. The department may use the recalculated quarterly
and annual facility average case-mix scores to calculate the
facility's rate for direct care costs for the appropriate calendar
quarter or quarters.
(D) The department shall prepare a written summary of any
audit disallowance or exception review finding that is made after
the effective date of the rate that is based on the cost or
case-mix data. Where the provider is pursuing judicial or
administrative remedies in good faith regarding the disallowance
or finding, the department shall not withhold from the provider's
current payments any amounts the department claims to be due from
the provider pursuant to section 5111.28 of the Revised Code.
(E) The department shall not reduce rates calculated under
sections 5111.20 to 5111.33 of the Revised Code on the basis that
the provider charges a lower rate to any resident who is not
eligible for the medicaid program.
(F) The department shall adjust the rates calculated under
sections 5111.20 to 5111.33 of the Revised Code to account for
reasonable additional costs that must be incurred by intermediate
care facilities for the mentally retarded to comply with
requirements of federal or state statutes, rules, or policies
enacted or amended after January 1, 1992, or with orders issued by
state or local fire authorities.
Sec. 5111.271. (A) Subject to division (D) of this section,
the department of job and family services shall fine the provider
of a nursing facility if the report of an audit conducted under
division (B) of section 5111.27 of the Revised Code regarding a
cost report for the nursing facility includes either of the
following:
(1) Adverse findings that exceed three per cent of the total
amount of medicaid-reimbursable costs reported in the cost report;
(2) Adverse findings that exceed twenty per cent of
medicaid-reimbursable costs for a particular cost center reported
in the cost report.
(B) A fine issued under this section shall equal the
following:
(1) If the adverse findings exceed three per cent but do not
exceed ten per cent of the total amount of medicaid-reimbursable
costs reported in the cost report, the greater of three per cent
of those reported costs or ten thousand dollars;
(2) If the adverse findings exceed ten per cent but do not
exceed twenty per cent of the total amount of
medicaid-reimbursable costs reported in the cost report, the
greater of six per cent of those reported costs or twenty-five
thousand dollars;
(3) If the adverse findings exceed twenty per cent of the
total amount of medicaid-reimbursable costs reported in the cost
report, the greater of ten per cent of those reported costs or
fifty thousand dollars;
(4) If the adverse findings exceed twenty per cent but do not
exceed twenty-five per cent of medicaid-reimbursable costs for a
particular cost center reported in the cost report, the greater of
three per cent of those reported costs or ten thousand dollars;
(5) If the adverse findings exceed twenty-five per cent but
do not exceed thirty per cent of medicaid-reimbursable costs for a
particular cost center reported in the cost report, the greater of
six per cent of those reported costs or twenty-five thousand
dollars;
(6) If the adverse findings exceed thirty per cent of
medicaid-reimbursable costs for a particular cost center reported
in the cost report, the greater of ten per cent of those reported
costs or fifty thousand dollars.
(C) The department shall transmit fines paid under this
section to the treasurer of state for deposit in the general
revenue fund.
(D) The department may not issue a fine under this section
until all appeal rights relating to the audit report that is the
basis for the fine are exhausted.
Sec. 5111.28. (A) If a provider properly amends its cost
report under section 5111.27 5111.261 of the Revised Code and the
amended report shows that the provider received a lower rate under
the original cost report than it was entitled to receive, the
department of job and family services shall adjust the provider's
rate prospectively to reflect the corrected information. The
department shall pay the adjusted rate beginning two months after
the first day of the month after the provider files the amended
cost report. If the department finds, from an exception review of
resident assessment information conducted after the effective date
of the rate for direct care costs that is based on the assessment
information, that inaccurate assessment information resulted in
the provider receiving a lower rate than it was entitled to
receive, the department prospectively shall adjust the provider's
rate accordingly and shall make payments using the adjusted rate
for the remainder of the calendar quarter for which the assessment
information is used to determine the rate, beginning one month
after the first day of the month after the exception review is
completed.
(B) If the provider properly amends its cost report under
section 5111.27 5111.261 of the Revised Code, the department makes
a finding based on an audit under that section 5111.27 of the
Revised Code, or the department makes a finding based on an
exception review of resident assessment information conducted
under that section 5111.27 of the Revised Code after the effective
date of the rate for direct care costs that is based on the
assessment information, any of which results in a determination
that the provider has received a higher rate than it was entitled
to receive, the department shall recalculate the provider's rate
using the revised information. The department shall apply the
recalculated rate to the periods when the provider received the
incorrect rate to determine the amount of the overpayment. The
provider shall refund the amount of the overpayment.
In addition to requiring a refund under this division, the
department may charge the provider interest at the applicable rate
specified in this division from the time the overpayment was made.
(1) If the overpayment resulted from costs reported for
calendar year 1993, the interest shall be no greater than one and
one-half times the average bank prime rate.
(2) If the overpayment resulted from costs reported for
subsequent calendar years:
(a) The interest shall be no greater than two times the
average bank prime rate if the overpayment was equal to or less
than one per cent of the total medicaid payments to the provider
for the fiscal year for which the incorrect information was used
to establish a rate.
(b) The interest shall be no greater than two and one-half
times the current average bank prime rate if the overpayment was
greater than one per cent of the total medicaid payments to the
provider for the fiscal year for which the incorrect information
was used to establish a rate.
(C) The department also may impose the following penalties:
(1) If a provider does not furnish invoices or other
documentation that the department requests during an audit within
sixty days after the request, no more than the greater of one
thousand dollars per audit or twenty-five per cent of the
cumulative amount by which the costs for which documentation was
not furnished increased the total medicaid payments to the
provider during the fiscal year for which the costs were used to
establish a rate;
(2) If an exiting operator or owner fails to provide notice
of a facility closure, voluntary termination, or voluntary
withdrawal of participation in the medicaid program as required by
section 5111.66 of the Revised Code, or an exiting operator or
owner and entering operator fail to provide notice of a change of
operator as required by section 5111.67 of the Revised Code, no
more than the current average bank prime rate plus four per cent
of the last two monthly payments.
(D) If the provider continues to participate in the medicaid
program, the department shall deduct any amount that the provider
is required to refund under this section, and the amount of any
interest charged or penalty imposed under this section, from the
next available payment from the department to the provider. The
department and the provider may enter into an agreement under
which the amount, together with interest, is deducted in
installments from payments from the department to the provider.
(E) The department shall transmit refunds and penalties to
the treasurer of state for deposit in the general revenue fund.
(F) For the purpose of this section, the department shall
determine the average bank prime rate using statistical release
H.15, "selected interest rates," a weekly publication of the
federal reserve board, or any successor publication. If
statistical release H.15, or its successor, ceases to contain the
bank prime rate information or ceases to be published, the
department shall request a written statement of the average bank
prime rate from the federal reserve bank of Cleveland or the
federal reserve board.
Sec. 5111.33. Reimbursement to a provider under sections
5111.20 to 5111.32 of the Revised Code shall include payments to
the provider, at a rate equal to the percentage of the per
resident per day rates that the (A) The department of job and
family services
has established for the provider's nursing
facility or intermediate care facility for the mentally retarded
may make payments to a provider under sections 5111.20 to 5111.33
of the Revised Code for the fiscal year for which the cost of
services is reimbursed, to reserve a bed for a recipient during a
temporary absence under conditions prescribed by the department,
to include hospitalization for an acute condition, visits with
relatives and friends, and participation in therapeutic programs
outside the facility, when the resident's plan of care provides
for such absence and federal participation in the payments is
available. The
(B) The maximum period during for which payments may be made
to reserve a bed shall not exceed the
maximum period specified
under federal regulations, and shall not be more than following:
(1) For calendar year 2011 and in the case of a bed in a
nursing facility, thirty days during any calendar year for
hospital stays, visits with relatives and friends, and
participation in therapeutic programs;
(2) For calendar year 2012 and each calendar year thereafter
and in the case of a bed in a nursing facility, fifteen days;
(3) For any calendar year and in the case of a bed in an
intermediate care facility for the mentally retarded, the number
of days specified in rules adopted under section 5111.02 of the
Revised Code. Recipients who have been identified by the
department as requiring the level of care of an intermediate care
facility for the mentally retarded shall not be subject to a
maximum period during which payments may be made to reserve a bed
if prior authorization of the department is obtained for hospital
stays, visits with relatives and friends, and participation in
therapeutic programs. The director of job and family services
shall adopt rules under section 5111.02 of the Revised Code
establishing conditions under which prior authorization may be
obtained.
(C) The department shall establish the per diem rates to be
paid to providers for reserving beds under this section. In
establishing the per diem rates, the department shall do the
following:
(1) In the case of a payment to reserve a bed in a nursing
facility for a day during calendar year 2011, set the per diem
rate at an amount not exceeding fifty per cent of the per diem
rate the provider would be paid if the recipient were not absent
from the nursing facility that day;
(2) In the case of a payment to reserve a bed in a nursing
facility for a day during calendar year 2012 and each calendar
year thereafter, set the per diem rate at an amount not exceeding
twenty-five per cent of the per diem rate the provider would be
paid if the recipient were not absent from the nursing facility
that day;
(3) In the case of a payment to reserve a bed in an
intermediate care facility for the mentally retarded for a day
during any calendar year, set the per diem rate at an amount equal
to a percentage specified in rules adopted under section 5111.02
of the Revised Code of the per diem rate the provider would be
paid if the recipient were not absent from the facility that day.
Sec. 5111.35. As used in this section "a resident's rights"
means the rights of a nursing facility resident under sections
3721.10 to 3721.17 of the Revised Code and subsection (c) of
section 1819 or 1919 of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended, and regulations issued under
those subsections.
As used in sections 5111.35 to 5111.62 of the Revised Code:
(A) "Certification requirements" means the requirements for
nursing facilities established under sections 1819 and 1919 of the
"Social Security Act."
(B) "Compliance" means substantially meeting all applicable
certification requirements.
(C) "Contracting agency" means a state agency that has
entered into a contract with the department of job and family
services under section 5111.38 of the Revised Code.
(D)(1) "Deficiency" means a finding cited by the department
of health during a survey, on the basis of one or more actions,
practices, situations, or incidents occurring at a nursing
facility, that constitutes a severity level three finding,
severity level four finding, scope level three finding, or scope
level four finding. Whenever the finding is a repeat finding,
"deficiency" also includes any finding that is a severity level
two and scope level one finding, a severity level two and scope
level two finding, or a severity level one and scope level two
finding.
(2) "Cluster of deficiencies" means deficiencies that result
from noncompliance with two or more certification requirements and
are causing or resulting from the same action, practice,
situation, or incident.
(E) "Emergency" means either of the following:
(1) A deficiency or cluster of deficiencies that creates a
condition of immediate jeopardy;
(2) An unexpected situation or sudden occurrence of a serious
or urgent nature that creates a substantial likelihood that one or
more residents of a nursing facility may be seriously harmed if
allowed to remain in the facility, including the following:
(a) A flood or other natural disaster, civil disaster, or
similar event;
(b) A labor strike that suddenly causes the number of staff
members in a nursing facility to be below that necessary for
resident care.
(F) "Finding" means a finding of noncompliance with
certification requirements determined by the department of health
under section 5111.41 of the Revised Code.
(G) "Immediate jeopardy" means that one or more residents of
a nursing facility are in imminent danger of serious physical or
life-threatening harm.
(H) "Medicaid eligible resident" means a person who is a
resident of a nursing facility, or is applying for admission to a
nursing facility, and is eligible to receive financial assistance
under the medical assistance program for the care the person
receives in such a facility.
(I) "Noncompliance" means failure to substantially meet all
applicable certification requirements.
(J) "Nursing facility" has the same meaning as in section
5111.20 of the Revised Code.
(K) "Provider" means a person, institution, or entity that
furnishes nursing facility services under a medical assistance
program provider agreement.
(L) "Provider agreement" means a contract between the
department of job and family services and a provider for the
provision of nursing facility services under the medicaid program.
(M) "Repeat finding" or "repeat deficiency" means a finding
or deficiency cited pursuant to a survey, to which both of the
following apply:
(1) The finding or deficiency involves noncompliance with the
same certification requirement, and the same kind of actions,
practices, situations, or incidents caused by or resulting from
the noncompliance, as were cited in the immediately preceding
standard survey or another survey conducted subsequent to the
immediately preceding standard survey of the facility. For
purposes of this division, actions, practices, situations, or
incidents may be of the same kind even though they involve
different residents, staff, or parts of the facility.
(2) The finding or deficiency is cited subsequent to a
determination by the department of health that the finding or
deficiency cited on the immediately preceding standard survey, or
another survey conducted subsequent to the immediately preceding
standard survey, had been corrected.
(M)(N)(1) "Scope level one finding" means a finding of
noncompliance by a nursing facility in which the actions,
situations, practices, or incidents causing or resulting from the
noncompliance affect one or a very limited number of facility
residents and involve one or a very limited number of facility
staff members.
(2) "Scope level two finding" means a finding of
noncompliance by a nursing facility in which the actions,
situations, practices, or incidents causing or resulting from the
noncompliance affect more than a limited number of facility
residents or involve more than a limited number of facility staff
members, but the number or percentage of facility residents
affected or staff members involved and the number or frequency of
the actions, situations, practices, or incidents in short
succession does not establish any reasonable degree of
predictability of similar actions, situations, practices, or
incidents occurring in the future.
(3) "Scope level three finding" means a finding of
noncompliance by a nursing facility in which the actions,
situations, practices, or incidents causing or resulting from the
noncompliance affect more than a limited number of facility
residents or involve more than a limited number of facility staff
members, and the number or percentage of facility residents
affected or staff members involved or the number or frequency of
the actions, situations, practices, or incidents in short
succession establishes a reasonable degree of predictability of
similar actions, situations, practices, or incidents occurring in
the future.
(4) "Scope level four finding" means a finding of
noncompliance by a nursing facility causing or resulting from
actions, situations, practices, or incidents that involve a
sufficient number or percentage of facility residents or staff
members or occur with sufficient regularity over time that the
noncompliance can be considered systemic or pervasive in the
facility.
(N)(O)(1) "Severity level one finding" means a finding of
noncompliance by a nursing facility that has not caused and, if
continued, is unlikely to cause physical harm to a facility
resident, mental or emotional harm to a resident, or a violation
of a resident's rights that results in physical, mental, or
emotional harm to the resident.
(2) "Severity level two finding" means a finding of
noncompliance by a nursing facility that, if continued over time,
will cause, or is likely to cause, physical harm to a facility
resident, mental or emotional harm to a resident, or a violation
of a resident's rights that results in physical, mental, or
emotional harm to the resident.
(3) "Severity level three finding" means a finding of
noncompliance by a nursing facility that has caused physical harm
to a facility resident, mental or emotional harm to a resident, or
a violation of a resident's rights that results in physical,
mental, or emotional harm to the resident.
(4) "Severity level four finding" means a finding of
noncompliance by a nursing facility that has caused
life-threatening harm to a facility resident or caused a
resident's death.
(O)(P) "State agency" has the same meaning as in section 1.60
of the Revised Code.
(P)(Q) "Substandard care" means care furnished in a facility
in which the department of health has cited a deficiency or
deficiencies that constitute one of the following:
(1) A severity level four finding, regardless of scope;
(2) A severity level three and scope level four finding, in
the quality of care provided to residents;
(3) A severity level three and scope level three finding, in
the quality of care provided to residents.
(Q)(R)(1) "Survey" means a survey of a nursing facility
conducted under section 5111.39 of the Revised Code.
(2) "Standard survey" means a survey conducted by the
department of health under division (A) of section 5111.39 of the
Revised Code and includes an extended survey.
(3) "Follow-up survey" means a survey conducted by the
department of health to determine whether a nursing facility has
substantially corrected deficiencies cited in a previous survey.
Sec. 5111.511. (A) If the department of job and family
services determines that a nursing facility is experiencing or is
likely to experience a serious financial loss or failure that
jeopardizes or is likely to jeopardize the health, safety, and
welfare of its residents, the department may do either of the
following:
(1) Appoint, subject to the provider's consent, a temporary
fiscal emergency manager to take actions the department determines
are appropriate to ensure the health, safety, and welfare of the
residents;
(2) Apply to the court of common pleas of the county in which
the nursing facility is located for a temporary restraining order,
preliminary injunction, appointment of a temporary fiscal
emergency manager, or such other injunctive or equitable relief as
is necessary to take actions the department determines are
appropriate to ensure the health, safety, and welfare of the
residents.
(B) A temporary fiscal emergency manager appointed under this
section is vested with the authority necessary to take actions the
department of job and family services determines are appropriate
to ensure the health, safety, and welfare of the residents.
(C) A temporary fiscal emergency manager appointed under this
section may use any of the following funds to pay for costs the
manager incurs on behalf of the nursing facility:
(1) Medicaid payments made in accordance with the provider
agreement for the nursing facility;
(2) Funds from the residents protection fund that the
department provides the manager under section 5111.62 of the
Revised Code;
(3) Other funds the department determines are appropriate if
such use of the funds is consistent with the appropriations that
authorize the use of the funds and all other state and federal
laws governing the use of the funds.
(D) The provider is liable to the department for the amount
of any payments the department makes to the temporary fiscal
emergency manager, other than payments specified in division
(C)(1) of this section. The department may recover the amount the
provider owes the department by doing any of the following:
(1) Offsetting medicaid payments made to the provider in
accordance with the provider agreement;
(2) Placing a lien on any of the provider's real and personal
property;
(3) Initiating other collection actions.
(E) No action the department takes under this section is
subject to appeal under Chapter 119. of the Revised Code.
(F) In rules adopted under section 5111.36 of the Revised
Code, the director of job and family services may establish all of
the following:
(1) Qualifications persons must meet to be appointed
temporary fiscal emergency managers under this section;
(2) Procedures for maintaining a list of qualified temporary
fiscal emergency managers;
(3) Procedures for paying for the services of temporary
fiscal emergency managers;
(4) Accounting and reporting requirements for temporary
fiscal emergency managers;
(5) Other procedures and requirements the director determines
are necessary to implement this section.
Sec. 5111.52. (A) As used in this section:
(1) "Provider agreement" means a contract between the
department of job and family services and a nursing facility for
the provision of nursing facility services under the medical
assistance program.
(2) "Terminating", "terminating" includes not renewing.
(B) A nursing facility's participation in the medical
assistance program shall be terminated under sections 5111.35 to
5111.62 of the Revised Code as follows:
(1) If the department of job and family services is
terminating the facility's participation, it shall issue an order
terminating the facility's provider agreement.
(2) If the department of health, acting as a contracting
agency, is terminating the facility's participation, it shall
issue an order terminating certification of the facility's
compliance with certification requirements. When the department of
health terminates certification, the department of job and family
services shall terminate the facility's provider agreement. The
department of job and family services is not required to provide
an adjudication hearing when it terminates a provider agreement
following termination of certification by the department of
health.
(3) If a state agency other than the department of health,
acting as a contracting agency, is terminating the facility's
participation, it shall notify the department of job and family
services, and the department of job and family services shall
issue an order terminating the facility's provider agreement. The
contracting agency shall conduct any administrative proceedings
concerning the order.
(C) If the following conditions are met, the department of
job and family services may make medical assistance payments to a
nursing facility for a period not exceeding thirty days after the
effective date of termination under sections 5111.35 to 5111.62 of
the Revised Code of the facility's participation in the medical
assistance program:
(1) The payments are for medicaid eligible residents admitted
to the facility prior to the effective date of the termination;
(2) The provider is making reasonable efforts to transfer
medicaid eligible residents to other care settings.
The period during which payments may be made under this
division begins on the later of the effective date of the
termination or, if the facility has appealed a termination order,
the date of issuance of the adjudication order upholding
termination.
Sec. 5111.54. (A) A temporary manager of a nursing facility
appointed by the department of job and family services or a
contracting agency under sections 5111.35 to 5111.62 of the
Revised Code shall meet all of the following qualifications:
(1) Be licensed as a nursing home administrator under Chapter
4751. of the Revised Code;
(2) Have demonstrated competence as a nursing home
administrator;
(3) Have had no disciplinary action taken against the
temporary manager by any licensing board or professional society
in this state.
(B) The salary of a temporary manager or special master
appointed under sections 5111.35 to 5111.62 of the Revised Code
shall be paid by the facility and set by the department of job and
family services or contracting agency, in the case of a temporary
manager, or by the court, in the case of a special master, at a
rate not to exceed the maximum allowable compensation for an
administrator under the medical assistance program. The extent to
which this compensation is allowable under the medical assistance
program is subject to and limited by this chapter and rules of the
department.
Subject to division (C) of this section, any costs incurred
on behalf of a nursing facility by a temporary manager or special
master appointed under sections 5111.35 to 5111.62 of the Revised
Code shall be paid by the facility. The allowability of these
costs under the medical assistance program shall be subject to and
governed by this chapter and the rules of the department. This
division does not prohibit a facility from applying for or
receiving any waiver of cost ceilings available under rules of the
department.
(C) No temporary manager or special master appointed under
sections 5111.35 to 5111.62 of the Revised Code shall enter into
any employment contract on behalf of a facility, or purchase any
capital goods using facility funds totaling more than ten thousand
dollars, unless the temporary manager or special master has
obtained prior approval for the contract or purchase from either
the provider or the court.
(D)(1) A temporary manager appointed for a nursing facility
under section 5111.46 of the Revised Code is hereby vested,
subject to division (C) of this section, with the legal authority
necessary to correct any deficiency or cluster of deficiencies at
a facility, bring the facility into compliance with certification
requirements, and otherwise ensure the health and safety of the
residents.
(2) A temporary manager appointed under section 5111.51 of
the Revised Code is hereby vested, subject to division (C) of this
section, with the authority necessary to eliminate the emergency,
bring the facility into compliance with certification
requirements, and otherwise ensure the health and safety of the
residents.
(3) A temporary manager appointed under section 5111.53 of
the Revised Code is hereby vested, subject to division (C) of this
section, with the authority necessary to ensure the transfer of
medicaid eligible residents to other appropriate care settings
and, if applicable, the orderly closure of the facility, and to
otherwise ensure the health and safety of the residents.
(E) Prior to acting under division (A)(1)(b) or (2)(b) of
section 5111.46 of the Revised Code to appoint a temporary manager
or apply for a special master, the department of job and family
services or contracting agency shall order the facility to
substantially correct the deficiency or deficiencies within five
days after receiving the statement and inform the facility, in the
statement it provides pursuant to division (B) of section 5111.49
of the Revised Code, of the order and that it will not take that
action unless the facility fails to substantially correct the
deficiency or deficiencies within that five-day period. At the end
of the five-day period, the department of health shall conduct a
follow-up survey that focuses on the deficiency or deficiencies.
If the department of health determines that the facility has
substantially corrected the deficiency or deficiencies within that
time, the department of job and family services or contracting
agency shall not appoint a temporary manager or apply for a
special master. If the department of health determines that the
facility has failed to substantially correct the deficiency or
deficiencies within that time, the department of job and family
services or contracting agency may proceed with appointment of the
temporary manager or application for a special master. Until the
statement required under division (B) of section 5111.49 of the
Revised Code is actually delivered, no action taken by the
department or agency to appoint a temporary manager or apply for a
temporary manager under division (A)(1)(b) or (2)(b) of section
5111.46 of the Revised Code shall have any legal effect. No action
taken by a facility under this division to substantially correct a
deficiency or deficiencies shall be considered an admission by the
facility of the existence of a deficiency or deficiencies.
(F) Appointment of a temporary manager under division
(A)(1)(b) or (2)(b) of section 5111.46 or division (A)(1)(d) of
section 5111.51 of the Revised Code shall expire at the end of the
seventh day following the appointment. If the department of job
and family services or contracting agency finds that the
deficiency or deficiencies that prompted the appointment under
division (A)(1)(b) or (2)(b) of section 5111.46 of the Revised
Code cannot be substantially corrected, or the condition of
immediate jeopardy that prompted the appointment under division
(A)(1)(d) of section 5111.51 of the Revised Code cannot be
eliminated, prior to the expiration of the appointment, it may
take one of the following actions:
(1) Appoint, subject to the continuing consent of the
provider, a temporary manager for the facility;
(2) Apply to the common pleas court of the county in which
the facility is located for an order appointing a special master
who, under the authority and direct supervision of the court and
subject to divisions (B) and (C) of this section, may take such
additional actions as are necessary to correct the deficiency or
deficiencies or eliminate the condition of immediate jeopardy and
bring the facility into compliance with certification
requirements.
(G) The court, on finding that the deficiency or deficiencies
for which a special master was appointed under division (F)(2) of
this section or division (A)(1)(b) or (2)(b) of section 5111.46 of
the Revised Code has been substantially corrected, or the
emergency for which a special master was appointed under division
(F)(2) of this section or division (A)(1)(b) or (B)(2) of section
5111.51 of the Revised Code has been eliminated, that the facility
has been brought into compliance with certification requirements,
and that the provider has established the management capability to
ensure continued compliance with the certification requirements,
shall immediately terminate its jurisdiction over the facility and
return control and management of the facility to the provider. If
the deficiency or deficiencies cannot be substantially corrected,
or the emergency cannot be eliminated practicably within a
reasonable time following appointment of the special master, the
court may order the special master to close the facility and
transfer all residents to other nursing facilities or other
appropriate care settings.
(H) This section does not apply to temporary fiscal emergency
managers appointed under section 5111.511 of the Revised Code.
Sec. 5111.62. The proceeds of all fines, including interest,
collected under sections 5111.35 to 5111.62 of the Revised Code
shall be deposited in the state treasury to the credit of the
residents protection fund, which is hereby created. The proceeds
of all fines, including interest, collected under section 173.42
of the Revised Code shall be deposited in the state treasury to
the credit of the residents protection fund.
Moneys Money in the fund shall be used for the protection of
the health or property of residents of nursing facilities in which
the department of health finds deficiencies, including payment for
the costs of relocation of residents to other facilities,
maintenance of operation of a facility pending correction of
deficiencies or closure, and reimbursement of residents for the
loss of money managed by the facility under section 3721.15 of the
Revised Code. Money in the fund may also be used to make payments
to temporary fiscal emergency managers under section 5111.511 of
the Revised Code.
The fund shall be maintained and administered by the
department of job and family services under rules developed in
consultation with the departments of health and aging and adopted
by the director of job and family services under Chapter 119. of
the Revised Code.
Sec. 5111.65. As used in sections 5111.65 to 5111.689 of the
Revised Code:
(A) "Affiliated operator" means an operator affiliated with
either of the following:
(1) The exiting operator for whom the affiliated operator is
to assume liability for the entire amount of the exiting
operator's debt under the medicaid program or the portion of the
debt that represents the franchise permit fee the exiting operator
owes;
(2) The entering operator involved in the change of operator
with the exiting operator specified in division (A)(1) of this
section.
(B) "Change of operator" means an entering operator becoming
the operator of a nursing facility or intermediate care facility
for the mentally retarded in the place of the exiting operator.
(1) Actions that constitute a change of operator include the
following:
(a) A change in an exiting operator's form of legal
organization, including the formation of a partnership or
corporation from a sole proprietorship;
(b) A transfer of all the exiting operator's ownership
interest in the operation of the facility to the entering
operator, regardless of whether ownership of any or all of the
real property or personal property associated with the facility is
also transferred;
(c) A lease of the facility to the entering operator or the
exiting operator's termination of the exiting operator's lease;
(d) If the exiting operator is a partnership, dissolution of
the partnership;
(e) If the exiting operator is a partnership, a change in
composition of the partnership unless both of the following apply:
(i) The change in composition does not cause the
partnership's dissolution under state law.
(ii) The partners agree that the change in composition does
not constitute a change in operator.
(f) If the operator is a corporation, dissolution of the
corporation, a merger of the corporation into another corporation
that is the survivor of the merger, or a consolidation of one or
more other corporations to form a new corporation.
(2) The following, alone, do not constitute a change of
operator:
(a) A contract for an entity to manage a nursing facility or
intermediate care facility for the mentally retarded as the
operator's agent, subject to the operator's approval of daily
operating and management decisions;
(b) A change of ownership, lease, or termination of a lease
of real property or personal property associated with a nursing
facility or intermediate care facility for the mentally retarded
if an entering operator does not become the operator in place of
an exiting operator;
(c) If the operator is a corporation, a change of one or more
members of the corporation's governing body or transfer of
ownership of one or more shares of the corporation's stock, if the
same corporation continues to be the operator.
(C) "Effective date of a change of operator" means the day
the entering operator becomes the operator of the nursing facility
or intermediate care facility for the mentally retarded.
(D) "Effective date of a facility closure" means the last day
that the last of the residents of the nursing facility or
intermediate care facility for the mentally retarded resides in
the facility.
(E) "Effective date of an involuntary termination" means the
date the department of job and family services terminates an
operator's provider agreement for a nursing facility or
intermediate care facility for the mentally retarded or the last
day that such a provider agreement is in effect when the
department refuses to renew it.
(F) "Effective date of a voluntary termination" means the day
the intermediate care facility for the mentally retarded ceases to
accept medicaid patients.
(F)(G) "Effective date of a voluntary withdrawal of
participation" means the day the nursing facility ceases to accept
new medicaid patients other than the individuals who reside in the
nursing facility on the day before the effective date of the
voluntary withdrawal of participation.
(G)(H) "Entering operator" means the person or government
entity that will become the operator of a nursing facility or
intermediate care facility for the mentally retarded when a change
of operator occurs or following an involuntary termination.
(H)(I) "Exiting operator" means any of the following:
(1) An operator that will cease to be the operator of a
nursing facility or intermediate care facility for the mentally
retarded on the effective date of a change of operator;
(2) An operator that will cease to be the operator of a
nursing facility or intermediate care facility for the mentally
retarded on the effective date of a facility closure;
(3) An operator of an intermediate care facility for the
mentally retarded that is undergoing or has undergone a voluntary
termination;
(4) An operator of a nursing facility that is undergoing or
has undergone a voluntary withdrawal of participation;
(5) An operator of a nursing facility or intermediate care
facility for the mentally retarded that has undergone an
involuntary termination.
(I)(J)(1) "Facility Subject to division (J)(2) of this
section, "facility closure" means discontinuance of the use of the
building, or part of the building, that houses the facility as a
nursing facility or intermediate care facility for the mentally
retarded that results in the relocation of all of the facility's
residents. A facility closure occurs regardless of any of the
following:
(a) The operator completely or partially replacing the
facility by constructing a new facility or transferring the
facility's license to another facility;
(b) The facility's residents relocating to another of the
operator's facilities;
(c) Any action the department of health takes regarding the
facility's certification under Title XIX of the "Social Security
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may
result in the transfer of part of the facility's survey findings
to another of the operator's facilities;
(d) Any action the department of health takes regarding the
facility's license under Chapter 3721. of the Revised Code;
(e) Any action the department of developmental disabilities
takes regarding the facility's license under section 5123.19 of
the Revised Code.
(2) A facility closure does not occur if all either of the
following applies:
(a) All of the facility's residents are relocated due to an
emergency evacuation and one or more of the residents return to a
medicaid-certified bed in the facility not later than thirty days
after the evacuation occurs;
(b) The building, or part of the building, that houses the
facility converts to a different use, any necessary license or
other approval needed for that use is obtained, and one or more of
the facility's residents remain in the facility to receive
services under the new use.
(J)(K) "Fiscal year," "franchise permit fee," "intermediate
care facility for the mentally retarded," "nursing facility,"
"operator," "owner," and "provider agreement" have the same
meanings as in section 5111.20 of the Revised Code.
(K)(L) "Involuntary termination" means the department of job
and family services' termination of, or refusal to renew, an
operator's provider agreement for a nursing facility or
intermediate care facility for the mentally retarded when such
action is not taken at the operator's request.
(M) "Voluntary termination" means an operator's voluntary
election to terminate the participation of an intermediate care
facility for the mentally retarded in the medicaid program but to
continue to provide service of the type provided by a residential
facility as defined in section 5123.19 of the Revised Code.
(L)(N) "Voluntary withdrawal of participation" means an
operator's voluntary election to terminate the participation of a
nursing facility in the medicaid program but to continue to
provide service of the type provided by a nursing facility.
Sec. 5111.66. An exiting operator or owner of a nursing
facility or intermediate care facility for the mentally retarded
participating in the medicaid program shall provide the department
of job and family services written notice of a facility closure,
voluntary termination, or voluntary withdrawal of participation
not less than ninety days before the effective date of the
facility closure, voluntary termination, or voluntary withdrawal
of participation. The written notice shall be provided to the
department in accordance with the method specified in rules
adopted under section 5111.689 of the Revised Code.
The written notice shall include all of the following:
(A) The name of the exiting operator and, if any, the exiting
operator's authorized agent;
(B) The name of the nursing facility or intermediate care
facility for the mentally retarded that is the subject of the
written notice;
(C) The exiting operator's medicaid provider agreement number
for the facility that is the subject of the written notice;
(D) The effective date of the facility closure, voluntary
termination, or voluntary withdrawal of participation;
(E) The signature of the exiting operator's or owner's
representative.
Sec. 5111.67. (A) An exiting operator or owner and entering
operator shall provide the department of job and family services
written notice of a change of operator if the nursing facility or
intermediate care facility for the mentally retarded participates
in the medicaid program and the entering operator seeks to
continue the facility's participation. The written notice shall be
provided to the department in accordance with the method specified
in rules adopted under section 5111.689 of the Revised Code. The
written notice shall be provided to the department not later than
forty-five days before the effective date of the change of
operator if the change of operator does not entail the relocation
of residents. The written notice shall be provided to the
department not later than ninety days before the effective date of
the change of operator if the change of operator entails the
relocation of residents. The
The written notice shall include all of the following:
(1) The name of the exiting operator and, if any, the exiting
operator's authorized agent;
(2) The name of the nursing facility or intermediate care
facility for the mentally retarded that is the subject of the
change of operator;
(3) The exiting operator's medicaid provider agreement
seven-digit medicaid legacy number and ten-digit national provider
identifier number for the facility that is the subject of the
change of operator;
(4) The name of the entering operator;
(5) The effective date of the change of operator;
(6) The manner in which the entering operator becomes the
facility's operator, including through sale, lease, merger, or
other action;
(7) If the manner in which the entering operator becomes the
facility's operator involves more than one step, a description of
each step;
(8) Written authorization from the exiting operator or owner
and entering operator for the department to process a provider
agreement for the entering operator;
(9) The names and addresses of the persons to whom the
department should send initial correspondence regarding the change
of operator;
(10) If the nursing facility also participates in the
medicare program, notification of whether the entering operator
intends to accept assignment of the exiting operator's medicare
provider agreement;
(11) The signature of the exiting operator's or owner's
representative.
(B) The entering operator shall include a completed
application for a provider agreement with the written notice to
the department. The entering operator shall attach to the
application the following:
(1) If the written notice is provided to the department
before the date the exiting operator or owner and entering
operator complete the transaction for the change of operator, all
the proposed leases, management agreements, merger agreements and
supporting documents, and sales contracts and supporting documents
relating to the facility's change of operator;
(2) If the written notice is provided to the department on or
after the date the exiting operator or owner and entering operator
complete the transaction for the change of operator, copies of all
the executed leases, management agreements, merger agreements and
supporting documents, and sales contracts and supporting documents
relating to the facility's change of operator. An exiting operator
or owner and entering operator immediately shall provide the
department written notice of any changes to information included
in a written notice of a change of operator that occur after that
notice is provided to the department. The notice of the changes
shall be provided to the department in accordance with the method
specified in rules adopted under section 5111.689 of the Revised
Code.
Sec. 5111.671. The department of job and family services may
enter into a provider agreement with an entering operator that
goes into effect at 12:01 a.m. on the effective date of the change
of operator if all of the following requirements are met:
(A) The department receives a properly completed written
notice required by section 5111.67 of the Revised Code on or
before the date required by that section.
(B) The entering operator furnishes to the department copies
of all the fully executed leases, management agreements, merger
agreements and supporting documents, and sales contracts and
supporting documents relating to the change of operator not later
than ten days after the effective date of the change of operator
receives both of the following in accordance with the method
specified in rules adopted under section 5111.689 of the Revised
Code and not later than ten days after the effective date of the
change of operator:
(1) From the entering operator, a completed application for a
provider agreement and all other forms and documents specified in
rules adopted under section 5111.689 of the Revised Code;
(2) From the exiting operator or owner, all forms and
documents specified in rules adopted under section 5111.689 of the
Revised Code.
(C) The entering operator is eligible for medicaid payments
as provided in section 5111.21 of the Revised Code.
Sec. 5111.672. (A) The department of job and family services
may enter into a provider agreement with an entering operator that
goes into effect at 12:01 a.m. on the date determined under
division (B) of this section if all of the following are the case:
(1) The department receives a properly completed written
notice required by section 5111.67 of the Revised Code after the
time required by that section.
(2) The entering operator furnishes to the department copies
of all the fully executed leases, management agreements, merger
agreements and supporting documents, and sales contracts and
supporting documents relating to the change of operator receives
both of the following in accordance with the method specified in
rules adopted under section 5111.689 of the Revised Code and more
than ten days after the effective date of the change of operator:
(a) From the entering operator, a completed application for a
provider agreement and all other forms and documents specified in
rules adopted under section 5111.689 of the Revised Code;
(b) From the exiting operator or owner, all forms and
documents specified in rules adopted under section 5111.689 of the
Revised Code.
(3) The requirement of division (A)(1) of this section is met
after the time required by section 5111.67 of the Revised Code,
the requirement of division (A)(2) of this section is met more
than ten days after the effective date of the change of operator,
or both.
(4) The entering operator is eligible for medicaid payments
as provided in section 5111.21 of the Revised Code.
(B) The department shall determine the date a provider
agreement entered into under this section is to go into effect as
follows:
(1) The effective date shall give the department sufficient
time to process the change of operator, assure no duplicate
payments are made, and make the withholding required by section
5111.681 of the Revised Code, and withhold the final payment to
the exiting operator until one hundred eighty days after either of
the following:
(a) The date that the exiting operator submits to the
department a properly completed cost report under section 5111.682
of the Revised Code;
(b) The date that the department waives the cost report
requirement of section 5111.682 of the Revised Code.
(2) The effective date shall be not earlier than the later of
the effective date of the change of operator or the date that the
exiting operator or owner and entering operator comply with
section 5111.67 of the Revised Code and division (A)(2) of this
section.
(3) The effective date shall be not later than the following
after the later of the dates specified in division (B)(2) of this
section:
(a) Forty-five days if the change of operator does not entail
the relocation of residents;
(b) Ninety days if the change of operator entails the
relocation of residents.
Sec. 5111.68. (A) On receipt of a written notice under
section 5111.66 of the Revised Code of a facility closure,
voluntary termination, or voluntary withdrawal of participation
or, on receipt of a written notice under section 5111.67 of the
Revised Code of a change of operator, or on the effective date of
an involuntary termination, the department of job and family
services shall estimate the amount of any overpayments made under
the medicaid program to the exiting operator, including
overpayments the exiting operator disputes, and other actual and
potential debts the exiting operator owes or may owe to the
department and United States centers for medicare and medicaid
services under the medicaid program, including a franchise permit
fee.
(B) In estimating the exiting operator's other actual and
potential debts to the department and the United States centers
for medicare and medicaid services under the medicaid program, the
department shall use a debt estimation methodology the director of
job and family services shall establish in rules adopted under
section 5111.689 of the Revised Code. The methodology shall
provide for estimating all of the following that the department
determines are applicable:
(1) Refunds due the department under section 5111.27 of the
Revised Code;
(2) Interest owed to the department and United States centers
for medicare and medicaid services;
(3) Final civil monetary and other penalties for which all
right of appeal has been exhausted;
(4) Money owed the department and United States centers for
medicare and medicaid services from any outstanding final fiscal
audit, including a final fiscal audit for the last fiscal year or
portion thereof in which the exiting operator participated in the
medicaid program;
(5) Other amounts the department determines are applicable.
(C) The department shall provide the exiting operator written
notice of the department's estimate under division (A) of this
section not later than thirty days after the department receives
the notice under section 5111.66 of the Revised Code of the
facility closure, voluntary termination, or voluntary withdrawal
of participation or; the department receives the notice under
section 5111.67 of the Revised Code of the change of operator; or
the effective date of the involuntary termination. The
department's written notice shall include the basis for the
estimate.
Sec. 5111.681. (A) Except as provided in divisions (B) and,
(C), and (D) of this section, the department of job and family
services may withhold from payment due an exiting operator under
the medicaid program the total amount specified in the notice
provided under division (C) of section 5111.68 of the Revised Code
that the exiting operator owes or may owe to the department and
United States centers for medicare and medicaid services under the
medicaid program.
(B) In the case of a change of operator and subject to
division (D)(E) of this section, the following shall apply
regarding a withholding under division (A) of this section if the
exiting operator or entering operator or an affiliated operator
executes a successor liability agreement meeting the requirements
of division
(E)(F) of this section:
(1) If the exiting operator, entering operator, or affiliated
operator assumes liability for the total, actual amount of debt
the exiting operator owes the department and the United States
centers for medicare and medicaid services under the medicaid
program as determined under section 5111.685 of the Revised Code,
the department shall not make the withholding.
(2) If the exiting operator, entering operator, or affiliated
operator assumes liability for only the portion of the amount
specified in division (B)(1) of this section that represents the
franchise permit fee the exiting operator owes, the department
shall withhold not more than the difference between the total
amount specified in the notice provided under division (C) of
section 5111.68 of the Revised Code and the amount for which the
exiting operator, entering operator, or affiliated operator
assumes liability.
(C) In the case of a voluntary termination, voluntary
withdrawal of participation, or facility closure and subject to
division (D)(E) of this section, the following shall apply
regarding a withholding under division (A) of this section if the
exiting operator or an affiliated operator executes a successor
liability agreement meeting the requirements of division (E)(F) of
this section:
(1) If the exiting operator or affiliated operator assumes
liability for the total, actual amount of debt the exiting
operator owes the department and the United States centers for
medicare and medicaid services under the medicaid program as
determined under section 5111.685 of the Revised Code, the
department shall not make the withholding.
(2) If the exiting operator or affiliated operator assumes
liability for only the portion of the amount specified in division
(C)(1) of this section that represents the franchise permit fee
the exiting operator owes, the department shall withhold not more
than the difference between the total amount specified in the
notice provided under division (C) of section 5111.68 of the
Revised Code and the amount for which the exiting operator or
affiliated operator assumes liability.
(D) In the case of an involuntary termination and subject to
division (E) of this section, the following shall apply regarding
a withholding under division (A) of this section if the exiting
operator, the entering operator, or an affiliated operator
executes a successor liability agreement meeting the requirements
of division (F) of this section and the department approves the
successor liability agreement:
(1) If the exiting operator, entering operator, or affiliated
operator assumes liability for the total, actual amount of debt
the exiting operator owes the department and the United States
centers for medicare and medicaid services under the medicaid
program as determined under section 5111.685 of the Revised Code,
the department shall not make the withholding.
(2) If the exiting operator, entering operator, or affiliated
operator assumes liability for only the portion of the amount
specified in division (D)(1) of this section that represents the
franchise permit fee the exiting operator owes, the department
shall withhold not more than the difference between the total
amount specified in the notice provided under division (C) of
section 5111.68 of the Revised Code and the amount for which the
exiting operator, entering operator, or affiliated operator
assumes liability.
(E)
For an exiting operator or affiliated operator to be
eligible to enter into a successor liability agreement under
division (B) or, (C), or (D) of this section, both of the
following must apply:
(1) The exiting operator or affiliated operator must have one
or more valid provider agreements, other than the provider
agreement for the nursing facility or intermediate care facility
for the mentally retarded that is the subject of the involuntary
termination, voluntary termination, voluntary withdrawal of
participation, facility closure, or change of operator;
(2) During the twelve-month period preceding either the
effective date of the involuntary termination or the month in
which the department receives the notice of the voluntary
termination, voluntary withdrawal of participation, or facility
closure under section 5111.66 of the Revised Code or the notice of
the change of operator under section 5111.67 of the Revised Code,
the average monthly medicaid payment made to the exiting operator
or affiliated operator pursuant to the exiting operator's or
affiliated operator's one or more provider agreements, other than
the provider agreement for the nursing facility or intermediate
care facility for the mentally retarded that is the subject of the
involuntary termination, voluntary termination, voluntary
withdrawal of participation, facility closure, or change of
operator, must equal at least ninety per cent of the sum of the
following:
(a) The average monthly medicaid payment made to the exiting
operator pursuant to the exiting operator's provider agreement for
the nursing facility or intermediate care facility for the
mentally retarded that is the subject of the involuntary
termination, voluntary termination, voluntary withdrawal of
participation, facility closure, or change of operator;
(b) Whichever of the following apply:
(i) If the exiting operator or affiliated operator has
assumed liability under one or more other successor liability
agreements, the total amount for which the exiting operator or
affiliated operator has assumed liability under the other
successor liability agreements;
(ii) If the exiting operator or affiliated operator has not
assumed liability under any other successor liability agreements,
zero.
(E)(F) A successor liability agreement executed under this
section must comply with all of the following:
(1) It must provide for the operator who executes the
successor liability agreement to assume liability for either of
the following as specified in the agreement:
(a) The total, actual amount of debt the exiting operator
owes the department and the United States centers for medicare and
medicaid services under the medicaid program as determined under
section 5111.685 of the Revised Code;
(b) The portion of the amount specified in division
(E)(F)(1)(a) of this section that represents the franchise permit
fee the exiting operator owes.
(2) It may not require the operator who executes the
successor liability agreement to furnish a surety bond.
(3) It must provide that the department, after determining
under section 5111.685 of the Revised Code the actual amount of
debt the exiting operator owes the department and United States
centers for medicare and medicaid services under the medicaid
program, may deduct the lesser of the following from medicaid
payments made to the operator who executes the successor liability
agreement:
(a) The total, actual amount of debt the exiting operator
owes the department and the United States centers for medicare and
medicaid services under the medicaid program as determined under
section 5111.685 of the Revised Code;
(b) The amount for which the operator who executes the
successor liability agreement assumes liability under the
agreement.
(4) It must provide that the deductions authorized by
division (E)(F)(3) of this section are to be made for a number of
months, not to exceed six, agreed to by the operator who executes
the successor liability agreement and the department or, if the
operator who executes the successor liability agreement and
department cannot agree on a number of months that is less than
six, a greater number of months determined by the attorney general
pursuant to a claims collection process authorized by statute of
this state.
(5) It must provide that, if the attorney general determines
the number of months for which the deductions authorized by
division (E)(F)(3) of this section are to be made, the operator
who executes the successor liability agreement shall pay, in
addition to the amount collected pursuant to the attorney
general's claims collection process, the part of the amount so
collected that, if not for division (G)(H) of this section, would
be required by section 109.081 of the Revised Code to be paid into
the attorney general claims fund.
(F)(G) Execution of a successor liability agreement does not
waive an exiting operator's right to contest the amount specified
in the notice the department provides the exiting operator under
division (C) of section 5111.68 of the Revised Code.
(G)(H) Notwithstanding section 109.081 of the Revised Code,
the entire amount that the attorney general, whether by employees
or agents of the attorney general or by special counsel appointed
pursuant to section 109.08 of the Revised Code, collects under a
successor liability agreement, other than the additional amount
the operator who executes the agreement is required by division
(E)(F)(5) of this section to pay, shall be paid to the department
of job and family services for deposit into the appropriate fund.
The additional amount that the operator is required to pay shall
be paid into the state treasury to the credit of the attorney
general claims fund created under section 109.081 of the Revised
Code.
Sec. 5111.687. The department of job and family services, at
its sole discretion, may release the amount withheld under
division (A) of section 5111.681 of the Revised Code if the
exiting operator submits to the department written notice of a
postponement of a change of operator, facility closure, voluntary
termination, or voluntary withdrawal of participation and the
transactions leading to the change of operator, facility closure,
voluntary termination, or voluntary withdrawal of participation
are postponed for at least thirty days but less than ninety days
after the date originally proposed for the change of operator,
facility closure, voluntary termination, or voluntary withdrawal
of participation as reported in the written notice required by
section 5111.66 or 5111.67 of the Revised Code. The department
shall release the amount withheld if the exiting operator submits
to the department written notice of a cancellation or postponement
of a change of operator, facility closure, voluntary termination,
or voluntary withdrawal of participation and the transactions
leading to the change of operator, facility closure, voluntary
termination, or voluntary withdrawal of participation are canceled
or postponed for more than ninety days after the date originally
proposed for the change of operator, facility closure, voluntary
termination, or voluntary withdrawal of participation as reported
in the written notice required by section 5111.66 or 5111.67 of
the Revised Code. A written notice shall be provided to the
department in accordance with the method specified in rules
adopted under section 5111.689 of the Revised Code.
After the department receives a written notice regarding a
cancellation or postponement of a facility closure, voluntary
termination, or voluntary withdrawal of participation, the exiting
operator or owner shall provide new written notice to the
department under section 5111.66 of the Revised Code regarding any
transactions leading to a facility closure, voluntary termination,
or voluntary withdrawal of participation at a future time. After
the department receives a written notice regarding a cancellation
or postponement of a change of operator, the exiting operator or
owner and entering operator shall provide new written notice to
the department under section 5111.67 of the Revised Code regarding
any transactions leading to a change of operator at a future time.
Sec. 5111.689. The director of job and family services shall
adopt rules under section 5111.02 of the Revised Code to implement
sections 5111.65 to 5111.689 of the Revised Code, including rules
applicable to an exiting operator that provides written
notification under section 5111.66 of the Revised Code of a
voluntary withdrawal of participation. Rules adopted under this
section shall comply with section 1919(c)(2)(F) of the "Social
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F),
regarding restrictions on transfers or discharges of nursing
facility residents in the case of a voluntary withdrawal of
participation. The rules may prescribe a medicaid reimbursement
methodology and other procedures that are applicable after the
effective date of a voluntary withdrawal of participation that
differ from the reimbursement methodology and other procedures
that would otherwise apply.
The rules shall specify all of the
following:
(A) The method by which written notices to the department
required by sections 5111.65 to 5111.689 of the Revised Code are
to be provided;
(B) The forms and documents that are to be provided to the
department under sections 5111.671 and 5111.672 of the Revised
Code, which shall include, in the case of such forms and documents
provided by entering operators, all the fully executed leases,
management agreements, merger agreements and supporting documents,
and fully executed sales contracts and any other supporting
documents culminating in the change of operator;
(C) The method by which the forms and documents identified in
division (B) of this section are to be provided to the department.
Sec. 5111.709. (A) There is hereby created the medicaid
buy-in advisory council. The council shall consist of all of the
following:
(1) The following voting members:
(a) The executive director of assistive technology of Ohio or
the executive director's designee;
(b) The director of the axis center for public awareness of
people with disabilities or the director's designee;
(c) The executive director of the cerebral palsy association
of Ohio or the executive director's designee;
(d) The chief executive officer of Ohio advocates for mental
health or the chief executive officer's designee;
(e) The state director of the Ohio chapter of AARP or the
state director's designee;
(f) The director of the Ohio developmental disabilities
council created under section 5123.35 of the Revised Code or the
director's designee;
(g) The executive director of the governor's council on
people with disabilities created under section 3303.41 of the
Revised Code or the executive director's designee;
(h) The administrator of the legal rights service created
under section 5123.60 of the Revised Code or the administrator's
designee;
(i) The chairperson of the Ohio Olmstead task force or the
chairperson's designee;
(j)(i) The executive director of the Ohio statewide
independent living council or the executive director's designee;
(k)(j) The president of the Ohio chapter of the national
multiple sclerosis society or the president's designee;
(l)(k) The executive director of the arc of Ohio or the
executive director's designee;
(m)(l) The executive director of the commission on minority
health or the executive director's designee;
(n)(m) The executive director of the brain injury association
of Ohio or the executive director's designee;
(o)(n) The executive officer of any other advocacy
organization who volunteers to serve on the council, or such an
executive officer's designee, if the other voting members, at a
meeting called by the chairperson elected under division (C) of
this section, determine it is appropriate for the advocacy
organization to be represented on the council;
(p)(o) One or more participants who volunteer to serve on the
council and are selected by the other voting members at a meeting
the chairperson calls after the medicaid buy-in for workers with
disabilities program is implemented.
(2) The following non-voting members:
(a) The director of job and family services or the director's
designee;
(b) The administrator of the rehabilitation services
commission or the administrator's designee;
(c) The director of alcohol and drug addiction services or
the director's designee;
(d) The director of developmental disabilities or the
director's designee;
(e) The director of mental health or the director's designee;
(f) The executive officer of any other government entity, or
the executive officer's designee, if the voting members, at a
meeting called by the chairperson, determine it is appropriate for
the government entity to be represented on the council.
(B) All members of the medicaid buy-in advisory council shall
serve without compensation or reimbursement, except as serving on
the council is considered part of their usual job duties.
(C) The voting members of the medicaid buy-in advisory
council shall elect one of the members of the council to serve as
the council's chairperson for a two-year term. The chairperson may
be re-elected to successive terms.
(D) The department of job and family services shall provide
the Ohio medicaid buy-in advisory council with accommodations for
the council to hold its meetings and shall provide the council
with other administrative assistance the council needs to perform
its duties.
Sec. 5111.83. (A) Not later than January 1, 2012, the
director of job and family services shall apply to the United
States secretary of health and human services for approval to
claim federal financial participation for administrative costs
incurred by the department of health and the Arthur G. James and
Richard J. Solove research institute of the Ohio state university
in analyzing and evaluating both of the following pursuant to
sections 3701.261 to 3701.236 of the Revised Code:
(1) Cancer reports under the Ohio cancer incidence
surveillance system;
(2) The incidence, prevalence, costs, and medical
consequences of cancer on medicaid recipients and other low-income
populations.
(B) The director of job and family services shall consult
with the director of health in seeking approval to claim federal
financial participation, as described in division (A) of this
section. The directors shall cooperate in seeking the approval to
the extent they find the approval necessary for the effective and
efficient administration of the medicaid program.
Sec. 5111.85. (A) As used in this section and sections
5111.851 to 5111.856 of the Revised Code:
"Home and community-based services medicaid waiver component"
means a medicaid waiver component under which home and
community-based services are provided as an alternative to
hospital, nursing facility, or intermediate care facility for the
mentally retarded services.
"Hospital" has the same meaning as in section 3727.01 of the
Revised Code.
"Intermediate care facility for the mentally retarded" has
the same meaning as in section 5111.20 of the Revised Code.
"Medicaid waiver component" means a component of the medicaid
program authorized by a waiver granted by the United States
department of health and human services under section 1115 or 1915
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.
1315 or 1396n. "Medicaid waiver component" does not include a care
management system established under section 5111.16 of the Revised
Code.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
(B) The director of job and family services may adopt rules
under Chapter 119. of the Revised Code governing medicaid waiver
components that establish all of the following:
(1) Eligibility requirements for the medicaid waiver
components;
(2) The type, amount, duration, and scope of services the
medicaid waiver components provide;
(3) The conditions under which the medicaid waiver components
cover services;
(4) The amount the medicaid waiver components pay for
services or the method by which the amount is determined;
(5) The manner in which the medicaid waiver components pay
for services;
(6) Safeguards for the health and welfare of medicaid
recipients receiving services under a medicaid waiver component;
(7) Procedures for both of the following:
(a) Identifying individuals who meet all of the following
requirements:
(i) Are prioritizing and approving for enrollment individuals
who are eligible for a home and community-based services medicaid
waiver component and on a waiting list for the component;
(ii) Are receiving inpatient hospital services or residing in
an intermediate care facility for the mentally retarded or nursing
facility (as appropriate for the component);
(iii) Choose choose to be enrolled in the component.
(b) Approving the enrollment of individuals identified under
the procedures established under division (B)(7)(a) of this
section into the home and community-based services medicaid waiver
component.;
(8) Procedures for enforcing the rules, including
establishing corrective action plans for, and imposing financial
and administrative sanctions on, persons and government entities
that violate the rules. Sanctions shall include terminating
medicaid provider agreements. The procedures shall include due
process protections.
(9) Other policies necessary for the efficient administration
of the medicaid waiver components.
(C) The director of job and family services may adopt
different rules for the different medicaid waiver components. The
rules shall be consistent with the terms of the waiver authorizing
the medicaid waiver component.
(D) Any procedures established under division (B)(7) of this
section for the medicaid-funded component of the PASSPORT program
shall be consistent with section 173.401 of the Revised Code. Any
procedures established under division (B)(7) of this section for
the medicaid-funded component of the assisted living program shall
be consistent with section 5111.894 of the Revised Code.
Sec. 5111.861. (A) As used in this section:
"Medicaid waiver component" has the same meaning as in
section 5111.85 of the Revised Code.
"Unified long-term services and support medicaid waiver
component" means the medicaid waiver component authorized by
section 5111.863 of the Revised Code.
(B) Subject to division (C) of this section, there is hereby
created the Ohio home care program. The program shall provide home
and community-based services. The department of job and family
services shall administer the program.
(C) If the unified long-term services and support medicaid
waiver component is created, the departments of aging and job and
family services shall work together to determine whether the Ohio
home care program should continue to operate as a separate
medicaid waiver component or be terminated. If the departments
determine that the Ohio home care program should be terminated,
the program shall cease to exist on a date the departments shall
specify.
Sec. 5111.862. (A) As used in this section:
"Medicaid waiver component" has the same meaning as in
section 5111.85 of the Revised Code.
"Unified long-term services and support medicaid waiver
component" means the medicaid waiver component authorized by
section 5111.863 of the Revised Code.
(B) Subject to division (C) of this section, there is hereby
created the Ohio transitions II aging carve-out program. The
program shall provide home and community-based services. The
department of job and family services shall administer the
program.
(C) If the unified long-term services and support medicaid
waiver component is created, the departments of aging and job and
family services shall work together to determine whether the Ohio
transitions II aging carve-out program should continue to operate
as a separate medicaid waiver component or be terminated. If the
departments determine that the Ohio transitions II aging carve-out
program should be terminated, the program shall cease to exist on
a date the departments shall specify.
Sec. 5111.863. (A) As used in this section:
"Medicaid waiver component" has the same meaning as in
section 5111.85 of the Revised Code.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
(B) The director of job and family services shall submit a
request to the United States secretary of health and human
services pursuant to section 1915n of the "Social Security Act,"
95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended, to obtain
approval to create a unified long-term services and support
medicaid waiver component to provide home and community-based
services to eligible individuals of any age who require the level
of care provided by nursing facilities. The director of job and
family services shall work with the director of aging in seeking
approval of the unified long-term services and support medicaid
waiver component and, if the approval is obtained, in creating and
implementing the component.
If the request to create the unified long-term services and
support medicaid waiver component is approved, the director of job
and family services, working with the director of aging, shall
adopt rules under section 5111.85 of the Revised Code to implement
the component. The rules may authorize the director of aging to
adopt rules in accordance with Chapter 119. of the Revised Code
governing aspects of the unified long-term services and support
medicaid waiver component.
Sec. 5111.871. The department of job and family services
shall enter into a contract with the department of developmental
disabilities under section 5111.91 of the Revised Code with regard
to one or more of the medicaid waiver components of the medicaid
program established by the department of job and family services
under
one or more of the medicaid waivers sought under section
5111.87 of the Revised Code. Subject, if needed, to the approval
of the United States secretary of health and human services, the
contract shall include the medicaid waiver component known as the
transitions developmental disabilities waiver. The contract shall
provide for the department of developmental disabilities to
administer the components in accordance with the terms of the
waivers. The contract shall include a schedule for the department
of developmental disabilities to begin administering the
transitions developmental disabilities waiver. The directors of
job and family services and developmental disabilities shall adopt
rules in accordance with Chapter 119. of the Revised Code
governing the components.
If the department of developmental disabilities or the
department of job and family services denies an individual's
application for home and community-based services provided under
any of these medicaid components, the department that denied the
services shall give timely notice to the individual that the
individual may request a hearing under section 5101.35 of the
Revised Code.
The departments of developmental disabilities and job and
family services may approve, reduce, deny, or terminate a service
included in the individualized service plan developed for a
medicaid recipient eligible for home and community-based services
provided under any of these medicaid components. The departments
shall consider the recommendations a county board of developmental
disabilities makes under division (A)(1)(c) of section 5126.055 of
the Revised Code. If either department approves, reduces, denies,
or terminates a service, that department shall give timely notice
to the medicaid recipient that the recipient may request a hearing
under section 5101.35 of the Revised Code.
If supported living, as defined in section 5126.01 of the
Revised Code, is to be provided as a service under any of these
components, any person or government entity with a current, valid
medicaid provider agreement and a current, valid certificate under
section 5123.161 of the Revised Code may provide the service.
If a service is to be provided under any of these components
by a residential facility, as defined in section 5123.19 of the
Revised Code, any person or government entity with a current,
valid medicaid provider agreement and a current, valid license
under section 5123.19 of the Revised Code may provide the service.
Sec. 5111.872. When (A) Subject to division (B) of this
section, when the department of developmental disabilities
allocates enrollment numbers to a county board of developmental
disabilities for home and community-based services specified in
division (B)(1) of section 5111.87 of the Revised Code and
provided under any of the medicaid waiver components of the
medicaid program that the department administers under section
5111.871 of the Revised Code, the department shall consider all of
the following:
(A)(1) The number of individuals with mental retardation or
other developmental disability who are on a waiting list the
county board establishes under division (C) of section 5126.042 of
the Revised Code for those services and are given priority on the
waiting list pursuant to division (D) or (E) of that section;
(B)(2) The implementation component required by division
(A)(3) of section 5126.054 of the Revised Code of the county
board's plan approved under section 5123.046 of the Revised Code;
(C)(3) Anything else the department considers necessary to
enable county boards to provide those services to individuals in
accordance with the priority requirements of divisions (D) and (E)
of for waiting lists included in the rules adopted under section
5126.042 of the Revised Code.
(B) Division (A) of this section applies to home and
community-based services provided under the medicaid waiver
component known as the transitions developmental disabilities
waiver only to the extent, if any, provided by the contract
required by section 5111.871 of the Revised Code regarding the
waiver.
Sec. 5111.873. (A) Not later than the effective date of the
first of any medicaid waivers the United States secretary of
health and human services grants pursuant to a request made under
section 5111.87 of the Revised Code Subject to division (D) of
this section, the director of job and family services shall adopt
rules in accordance with Chapter 119. of the Revised Code
establishing statewide fee schedules the amount of reimbursement
or the methods by which amounts of reimbursement are to be
determined for home and community-based services specified in
division (B)(1) of section 5111.87 of the Revised Code and
provided under the components of the medicaid program that the
department of developmental disabilities administers under section
5111.871 of the Revised Code. The With respect to these rules
shall provide for, all of the following
apply:
(1) The rules shall establish procedures for the department
of developmental disabilities to follow in arranging for the
initial and ongoing collection of cost information from a
comprehensive, statistically valid sample of persons and
government entities providing the services at the time the
information is obtained;.
(2) The rules shall establish procedures for the collection
of consumer-specific information through an assessment instrument
the department of developmental disabilities shall provide to the
department of job and family services;.
(3) With the information collected pursuant to divisions
(A)(1) and (2) of this section, an analysis of that information,
and other information the director determines relevant, methods
and the rules shall establish reimbursement standards for
calculating the fee schedules that do all of the following:
(a) Assure that the fees are reimbursement is consistent with
efficiency, economy, and quality of care;
(b) Consider the intensity of consumer resource need;
(c) Recognize variations in different geographic areas
regarding the resources necessary to assure the health and welfare
of consumers;
(d) Recognize variations in environmental supports available
to consumers.
(B) As part of the process of adopting rules under this
section, the director shall consult with the director of
developmental disabilities, representatives of county boards of
developmental disabilities, persons who provide the home and
community-based services, and other persons and government
entities the director identifies.
(C) The directors of job and family services and
developmental disabilities shall review the rules adopted under
this section at times they determine are necessary to ensure that
the methods and amount of reimbursement or the methods by which
the amounts of reimbursement are to be determined continue to meet
the reimbursement standards established by the rules for
calculating the fee schedules continue to do everything that under
division (A)(3) of this section requires.
(D) This section applies to home and community-based services
provided under the medicaid waiver component known as the
transitions developmental disabilities waiver only to the extent,
if any, provided by the contract required by section 5111.871 of
the Revised Code regarding the waiver.
Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710
of the Revised Code:
"Home and community-based services" has the same meaning as
in section 5123.01 of the Revised Code.
"ICF/MR services" means intermediate care facility for the
mentally retarded services covered by the medicaid program that an
intermediate care facility for the mentally retarded provides to a
resident of the facility who is a medicaid recipient eligible for
medicaid-covered intermediate care facility for the mentally
retarded services.
"Intermediate care facility for the mentally retarded" means
an intermediate care facility for the mentally retarded that is
certified as in compliance with applicable standards for the
medicaid program by the director of health in accordance with
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42
U.S.C. 1396, as amended, and licensed as a residential facility
under section 5123.19 of the Revised Code.
"Residential facility" has the same meaning as in section
5123.19 of the Revised Code.
(B) For the purpose of increasing the number of slots
available for home and community-based services and subject to
sections 5111.877 and 5111.878 of the Revised Code, the operator
of an intermediate care facility for the mentally retarded may
convert some or all of the beds in the facility from providing
ICF/MR services to providing home and community-based services if
all of the following requirements are met:
(1) The operator provides the directors of health, job and
family services, and developmental disabilities at least ninety
days' notice of the operator's intent to relinquish the facility's
certification as an intermediate care facility for the mentally
retarded and to begin providing home and community-based services
make the conversion.
(2) The operator complies with the requirements of sections
5111.65 to 5111.689 of the Revised Code regarding a voluntary
termination as defined in section 5111.65 of the Revised Code if
those requirements are applicable.
(3) The If the operator intends to convert all of the
facility's beds, the operator notifies each of the facility's
residents that the facility is to cease providing ICF/MR services
and inform each resident that the resident may do either of the
following:
(a) Continue to receive ICF/MR services by transferring to
another facility that is an intermediate care facility for the
mentally retarded willing and able to accept the resident if the
resident continues to qualify for ICF/MR services;
(b) Begin to receive home and community-based services
instead of ICF/MR services from any provider of home and
community-based services that is willing and able to provide the
services to the resident if the resident is eligible for the
services and a slot for the services is available to the resident.
(4) If the operator intends to convert some but not all of
the facility's beds, the operator notifies each of the facility's
residents that the facility is to convert some of its beds from
providing ICF/MR services to providing home and community-based
services and inform each resident that the resident may do either
of the following:
(a) Continue to receive ICF/MR services from any provider of
ICF/MR services that is willing and able to provide the services
to the resident if the resident continues to qualify for ICF/MR
services;
(b) Begin to receive home and community-based services
instead of ICF/MR services from any provider of home and
community-based services that is willing and able to provide the
services to the resident if the resident is eligible for the
services and a slot for the services is available to the resident.
(5) The operator meets the requirements for providing home
and community-based services, including the following:
(a) Such requirements applicable to a residential facility if
the operator maintains the facility's license as a residential
facility;
(b) Such requirements applicable to a facility that is not
licensed as a residential facility if the operator surrenders the
facility's residential facility license under section 5123.19 of
the Revised Code.
(5)(6) The director directors of developmental disabilities
approves and job and family services approve the conversion.
(C) A decision by the directors to approve or refuse to
approve a proposed conversion of beds is final. In making a
decision, the directors shall consider all of the following:
(1) The fiscal impact on the facility if some but not all of
the beds are converted;
(2) The fiscal impact on the medical assistance program;
(3) The availability of home and community-based services.
(D) The notice provided to the directors under division
(B)(1) of this section shall specify whether some or all of the
facility's beds are to be converted. If some but not all of the
beds are to be converted, the notice shall specify how many of the
facility's beds are to be converted and how many of the beds are
to continue to provide ICF/MR services. The notice to the director
of developmental disabilities
under division (B)(1) of this
section shall specify whether the operator wishes to surrender the
facility's license as a residential facility under section 5123.19
of the Revised Code.
(D)(E)(1) If the director directors of developmental
disabilities approves and job and family services approve a
conversion under division (B)(C) of this section, the director of
health shall terminate do the following:
(a) Terminate the certification of the intermediate care
facility for the mentally retarded if the notice specifies that
all of the facility's beds are to be converted;
(b) Reduce the facility's certified capacity by the number of
beds being converted if the notice specifies that some but not all
of the beds are to be converted. The
(2) The director of health shall notify the director of job
and family services of the termination or reduction. On receipt of
the director of health's notice, the director of job and family
services shall terminate do the following:
(a) Terminate the operator's medicaid provider agreement that
authorizes the operator to provide ICF/MR services at the facility
if the facility's certification was terminated;
(b) Amend the operator's medicaid provider agreement to
reflect the facility's reduced certified capacity if the
facility's certified capacity is reduced. The
(3) In the case of action taken under division (E)(2)(a) of
this section, the operator is not entitled to notice or a hearing
under Chapter 119. of the Revised Code before the director of job
and family services terminates the medicaid provider agreement.
Sec. 5111.877. The director of job and family services may
seek approval from the United States secretary of health and human
services for not more than a total of one two hundred slots for
home and community-based services for the purposes of sections
5111.874, 5111.875, and 5111.876 of the Revised Code.
Sec. 5111.88. (A) As used in sections 5111.88 to 5111.8811
of the Revised Code:
(1) "Adult" means an individual at least eighteen years of
age.
(2) "Authorized representative" means the following:
(a) In the case of a consumer who is a minor, the consumer's
parent, custodian, or guardian;
(b) In the case of a consumer who is an adult, an individual
selected by the consumer pursuant to section 5111.8810 of the
Revised Code to act on the consumer's behalf for purposes
regarding home care attendant services.
(3) "Authorizing health care professional" means a health
care professional who, pursuant to section 5111.887 of the Revised
Code, authorizes a home care attendant to assist a consumer with
self-administration of medication, nursing tasks, or both.
(4) "Consumer" means an individual to whom all of the
following apply:
(a) The individual is enrolled in a participating medicaid
waiver component.
(b) The individual has a medically determinable physical
impairment to which both of the following apply:
(i) It is expected to last for a continuous period of not
less than twelve months.
(ii) It causes the individual to require assistance with
activities of daily living, self-care, and mobility, including
either assistance with self-administration of medication or the
performance of nursing tasks, or both.
(c) In the case of an individual who is an adult, the
individual is mentally alert and is, or has an authorized
representative who is, capable of selecting, directing the actions
of, and dismissing a home care attendant.
(d) In the case of an individual who is a minor, the
individual has an authorized representative who is capable of
selecting, directing the actions of, and dismissing a home care
attendant.
(5) "Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.
(6) "Custodian" has the same meaning as in section 2151.011
of the Revised Code.
(7) "Gastrostomy tube" means a percutaneously inserted
catheter that terminates in the stomach.
(8) "Guardian" has the same meaning as in section 2111.01 of
the Revised Code.
(9) "Health care professional" means a physician or
registered nurse.
(10) "Home care attendant" means an individual holding a
valid medicaid provider agreement in accordance with section
5111.881 of the Revised Code that authorizes the individual to
provide home care attendant services to consumers.
(11) "Home care attendant services" means all of the
following as provided by a home care attendant:
(a) Personal care aide services;
(b) Assistance with the self-administration of medication;
(c) Assistance with nursing tasks.
(12) "Jejunostomy tube" means a percutaneously inserted
catheter that terminates in the jejunum.
(13) "Medicaid waiver component" has the same meaning as in
section 5111.85 of the Revised Code.
(14) "Medication" means a drug as defined in section 4729.01
of the Revised Code.
(15) "Minor" means an individual under eighteen years of age.
(16) "Participating medicaid waiver component" means both of
the following:
(a) The medicaid waiver component known as Ohio home care
that the department of job and family services administers program
created under section 5111.861 of the Revised Code;
(b) The medicaid waiver component known as Ohio transitions
II aging carve-out that the department of job and family services
administers program created under section 5111.862 of the Revised
Code.
(17) "Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.
(18) "Practice of nursing as a registered nurse," "practice
of nursing as a licensed practical nurse," and "registered nurse"
have the same meanings as in section 4723.01 of the Revised Code.
"Registered nurse" includes an advanced practice nurse, as defined
in section 4723.01 of the Revised Code.
(19) "Schedule II," "schedule III," "schedule IV," and
"schedule V" have the same meanings as in section 3719.01 of the
Revised Code.
(B) The director of job and family services may submit
requests to the United States secretary of health and human
services to amend the federal medicaid waivers authorizing the
participating medicaid waiver components to have those components
cover home care attendant services in accordance with sections
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811
of the Revised Code, those sections shall be implemented regarding
a participating medicaid waiver component only if the secretary
approves a waiver amendment for the component.
Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894 of
the Revised Code:
"Area agency on aging" has the same meaning as in section
173.14 of the Revised Code.
"Assisted living program" means the program created under
this section.
"Assisted living services" means the following home and
community-based services: personal care, homemaker, chore,
attendant care, companion, medication oversight, and therapeutic
social and recreational programming.
"Assisted living waiver" means the federal medicaid waiver
granted by the United States secretary of health and human
services that authorizes the medicaid-funded component of the
assisted living program.
"County or district home" means a county or district home
operated under Chapter 5155. of the Revised Code.
"Long-term care consultation program" means the program the
department of aging is required to develop under section 173.42 of
the Revised Code.
"Long-term care consultation program administrator" or
"administrator" means the department of aging or, if the
department contracts with an area agency on aging or other entity
to administer the long-term care consultation program for a
particular area, that agency or entity.
"Medicaid waiver component" has the same meaning as in
section 5111.85 of the Revised Code.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
"Residential care facility" has the same meaning as in
section 3721.01 of the Revised Code.
"State administrative agency" means the department of job and
family services if the department of job and family services
administers the assisted living program or the department of aging
if the department of aging administers the assisted living
program.
"Unified long-term services and support medicaid waiver
component" means the medicaid waiver component authorized by
section 5111.863 of the Revised Code.
(B) There is hereby created the assisted living program. The
program shall provide assisted living services to individuals who
meet the program's applicable eligibility requirements established
under section 5111.891 of the Revised Code. The Subject to
division (C) of this section, the program may not serve more
individuals than the number that is set by the United States
secretary of health and human services when the medicaid waiver
authorizing the program is approved shall have a medicaid-funded
component and a state-funded component.
(C)(1) Unless the medicaid-funded component of the assisted
living program is terminated under division (C)(2) of this
section, all of the following apply:
(a) The department of aging shall administer the
medicaid-funded component through a contract entered into with the
department of job and family services under section 5111.91 of the
Revised Code.
(b) The contract shall include an estimate of the
medicaid-funded component's costs. The program
(c) The medicaid-funded component shall be operated as a
separate medicaid waiver component until the United States
secretary approves the consolidated federal medicaid waiver sought
under section 5111.861 of the Revised Code. The program shall be
part of the consolidated federal medicaid waiver sought under that
section if the United States secretary approves the waiver.
If the director of budget and management approves the
contract, the department of job and family services shall enter
into a contract with the department of aging under section 5111.91
of the Revised Code that provides for the department of aging to
administer the assisted living program. The contract shall include
an estimate of the program's costs.
The (d) The medicaid-funded component may not serve more
individuals than is set by the United States secretary of health
and human services in the assisted living waiver.
(e) The director of job and family services may adopt rules
under section 5111.85 of the Revised Code regarding the assisted
living program medicaid-funded component. The
(f) The director of aging may adopt rules under Chapter 119.
of the Revised Code regarding the program
medicaid-funded
component that the rules adopted by the director of job and family
services under division (C)(1)(e) of this section authorize the
director of aging to adopt.
(2) If the unified long-term services and support medicaid
waiver component is created, the departments of aging and job and
family services shall work together to determine whether the
medicaid-funded component of the assisted living program should
continue to operate as a separate medicaid waiver component or be
terminated. If the departments determine that the medicaid-funded
component of the assisted living program should be terminated, the
medicaid-funded component shall cease to exist on a date the
departments shall specify.
(D) The department of aging shall administer the state-funded
component of the assisted living program. The state-funded
component shall not be administered as part of the medicaid
program.
An individual who is eligible for the state-funded component
may participate in the component for not more than three months.
The director of aging shall adopt rules in accordance with
section 111.15 of the Revised Code to implement the state-funded
component.
Sec. 5111.891. To be eligible for the medicaid-funded
component of the assisted living program, an individual must meet
all of the following requirements:
(A) Need an intermediate level of care as determined under
rule 5101:3-3-06 of the Administrative Code;
(B) At the time the individual applies for the assisted
living program, be one of the following:
(1) A nursing facility resident who is seeking to move to a
residential care facility and would remain in a nursing facility
for long-term care if not for the assisted living program;
(2) A participant of any of the following medicaid waiver
components who would move to a nursing facility if not for the
assisted living program:
(a) The PASSPORT program created under section 173.40 of the
Revised Code;
(b) The choices program created under section 173.403 of the
Revised Code;
(c) A medicaid waiver component that the department of job
and family services administers.
(3) A resident of a residential care facility who has resided
in a residential care facility for at least six months immediately
before the date the individual applies for the assisted living
program.
(C) At the time the individual receives While receiving
assisted living services under the assisted living program
medicaid-funded component, reside in a residential care facility
that is authorized by a valid medicaid provider agreement to
participate in the assisted living program component, including
both of the following:
(1) A residential care facility that is owned or operated by
a metropolitan housing authority that has a contract with the
United States department of housing and urban development to
receive an operating subsidy or rental assistance for the
residents of the facility;
(2) A county or district home licensed as a residential care
facility.
(D)(C) Meet all other eligibility requirements for the
assisted living program medicaid-funded component established in
rules adopted under pursuant to division (C) of section 5111.85
5111.89 of the Revised Code.
Sec. 5111.892. To be eligible for the state-funded component
of the assisted living program, an individual must meet all of the
following requirements:
(A) The individual must need an intermediate level of care as
determined under rule 5101:3-3-06 of the Administrative Code;
(B) The individual must have an application for the
medicaid-funded component of the assisted living program (or, if
the medicaid-funded component is terminated under division (C)(2)
of section 5111.89 of the Revised Code, the unified long-term
services and support medicaid waiver component) pending and the
department or the department's designee must have determined that
the individual meets the nonfinancial eligibility requirements of
the medicaid-funded component (or, if the medicaid-funded
component is terminated under division (C)(2) of section 5111.89
of the Revised Code, the unified long-term services and support
medicaid waiver component) and not have reason to doubt that the
individual meets the financial eligibility requirements of the
medicaid-funded component (or, if the medicaid-funded component is
terminated under division (C)(2) of section 5111.89 of the Revised
Code, the unified long-term services and support medicaid waiver
component).
(C) While receiving assisted living services under
state-funded component, the individual must reside in a
residential care facility that is authorized by a valid provider
agreement to participate in the component, including both of the
following:
(1) A residential care facility that is owned or operated by
a metropolitan housing authority that has a contract with the
United States department of housing and urban development to
receive an operating subsidy or rental assistance for the
residents of the facility;
(2) A county or district home licensed as a residential care
facility.
(D) The individual must meet all other eligibility
requirements for the state-funded component established in rules
adopted under division (D) of section 5111.89 of the Revised Code.
Sec. 5111.892 5111.893. A residential care facility
providing services covered by the assisted living program to an
individual enrolled in the program shall have staff on-site
twenty-four hours each day who are able to do all of the
following:
(A) Meet the scheduled and unpredicted needs of the
individuals enrolled in the assisted living program in a manner
that promotes the individuals' dignity and independence;
(B) Provide supervision services for those individuals;
(C) Help keep the individuals safe and secure.
Sec. 5111.894. (A) The state administrative agency
Subject
to division (C)(2) of section 5111.89 of the Revised Code, the
department of aging shall establish a home first component of the
assisted living program under which eligible individuals may be
enrolled in the medicaid-funded component of the assisted living
program in accordance with this section. An individual is eligible
for the assisted living program's home first component if all both
of the following apply:
(1) The individual is has been determined to be eligible for
the medicaid-funded component of the assisted living program.
(2) The individual is on the unified waiting list established
under section 173.404 of the Revised Code.
(3) At least one of the following applies:
(a) The individual has been admitted to a nursing facility.
(b) A physician has determined and documented in writing that
the individual has a medical condition that, unless the individual
is enrolled in home and community-based services such as the
assisted living program, will require the individual to be
admitted to a nursing facility within thirty days of the
physician's determination.
(c) The individual has been hospitalized and a physician has
determined and documented in writing that, unless the individual
is enrolled in home and community-based services such as the
assisted living program, the individual is to be transported
directly from the hospital to a nursing facility and admitted.
(d) Both of the following apply:
(i) The individual is the subject of a report made under
section 5101.61 of the Revised Code regarding abuse, neglect, or
exploitation or such a report referred to a county department of
job and family services under section 5126.31 of the Revised Code
or has made a request to a county department for protective
services as defined in section 5101.60 of the Revised Code.
(ii) A county department of job and family services and an
area agency on aging have jointly documented in writing that,
unless the individual is enrolled in home and community-based
services such as the assisted living program, the individual
should be admitted to a nursing facility.
(e) The individual resided in a residential care facility for
at least six months immediately before applying for the
medicaid-funded component of the assisted living program and is at
risk of imminent admission to a nursing facility because the costs
of residing in the residential care facility have depleted the
individual's resources such that the individual is unable to
continue to afford the cost of residing in the residential care
facility.
(B) Each month, each area agency on aging shall identify
individuals residing in the area that the area agency on aging
serves who are eligible for the home first component of the
assisted living program. When an area agency on aging identifies
such an individual and determines that there is a vacancy in a
residential care facility participating in the medicaid-funded
component of the assisted living program that is acceptable to the
individual, the agency shall notify the long-term care
consultation program administrator serving the area in which the
individual resides. The administrator shall determine whether the
assisted living program is appropriate for the individual and
whether the individual would rather participate in the assisted
living program than continue or begin to reside in a nursing
facility. If the administrator determines that the assisted living
program is appropriate for the individual and the individual would
rather participate in the assisted living program than continue or
begin to reside in a nursing facility, the administrator shall so
notify the state administrative agency department of aging. On
receipt of the notice from the administrator, the state
administrative agency department shall approve the individual's
enrollment in the medicaid-funded component of the assisted living
program regardless of the unified waiting list established under
section 173.404 of the Revised Code, unless the enrollment would
cause the assisted living program component to exceed any limit on
the number of individuals who may participate in the program
component as set by the United States secretary of health and
human services when the medicaid waiver authorizing in the program
is approved assisted living waiver.
(C) Each quarter, the state administrative agency shall
certify to the director of budget and management the estimated
increase in costs of the assisted living program resulting from
enrollment of individuals in the assisted living program pursuant
to this section.
Sec. 5111.911. Any contract the department of job and family
services enters into with the department of mental health or
department of alcohol and drug addiction services under section
5111.91 of the Revised Code is subject to the approval of the
director of budget and management and shall require or specify all
of the following:
(A) In the case of a contract with the department of mental
health, that section 5111.912 of the Revised Code be complied
with;
(B) In the case of a contract with the department of alcohol
and drug addiction services, that section 5111.913 of the Revised
Code be complied with;
(C) How providers will be paid for providing the services;
(D) The department of mental health's or department of
alcohol and drug addiction services' responsibilities for
reimbursing with regard to providers, including program oversight
and quality assurance.
Sec. 5111.912. If the department of job and family services
enters into a contract with the department of mental health under
section 5111.91 of the Revised Code, the department of mental
health and boards of alcohol, drug addiction, and mental health
job and family services shall pay the nonfederal share of any
medicaid payment to a provider for services under the component,
or aspect of the component, the department of mental health
administers. If necessary, the director of job and family services
shall submit a state medicaid plan amendment to the United States
secretary of health and human services regarding the department of
job and family services' duty under this section.
Sec. 5111.913. If the department of job and family services
enters into a contract with the department of alcohol and drug
addiction services under section 5111.91 of the Revised Code, the
department of alcohol and drug addiction services and boards of
alcohol, drug addiction, and mental health services shall pay the
nonfederal share of any medicaid payment to a provider for
services under the component, or aspect of the component, the
department of alcohol and drug addiction services administers. A
board shall use funds allocated to the board under section 3793.04
of the Revised Code to pay the nonfederal share.
Sec. 5111.94. (A) As used in this section, "vendor offset"
means a reduction of a medicaid payment to a medicaid provider to
correct a previous, incorrect medicaid payment to that provider.
(B) There is hereby created in the state treasury the health
care services administration fund. Except as provided in division
(C) of this section, all the following shall be deposited into the
fund:
(1) Amounts deposited into the fund pursuant to sections
5111.92 and 5111.93 of the Revised Code;
(2) The amount of the state share of all money the department
of job and family services, in fiscal year 2003 and each fiscal
year thereafter, recovers pursuant to a tort action under the
department's right of recovery under section 5101.58 of the
Revised Code that exceeds the state share of all money the
department, in fiscal year 2002, recovers pursuant to a tort
action under that right of recovery;
(3) Subject to division (D) of this section, the amount of
the state share of all money the department of job and family
services, in fiscal year 2003 and each fiscal year thereafter,
recovers through audits of medicaid providers that exceeds the
state share of all money the department, in fiscal year 2002,
recovers through such audits;
(4) Amounts from assessments on hospitals under section
5112.06 of the Revised Code and intergovernmental transfers by
governmental hospitals under section 5112.07 of the Revised Code
that are deposited into the fund in accordance with the law;
(5) Amounts that the department of education pays to the
department of job and family services, if any, pursuant to an
interagency agreement entered into under section 5111.713 of the
Revised Code;
(6) The application fees charged to providers under section
5111.063 of the Revised Code.
(C) No funds shall be deposited into the health care services
administration fund in violation of federal statutes or
regulations.
(D) In determining under division (B)(3) of this section the
amount of money the department, in a fiscal year, recovers through
audits of medicaid providers, the amount recovered in the form of
vendor offset shall be excluded.
(E) The director of job and family services shall use funds
available in the health care services administration fund to pay
for costs associated with the administration of the medicaid
program.
Sec. 5111.941. (A) The medicaid revenue and collections fund
is hereby created in the state treasury. Except as otherwise
provided by statute or as authorized by the controlling board,
both of the following shall be credited to the fund:
(1) The the nonfederal share of all medicaid-related
revenues, collections, and recoveries;
(2) The monthly premiums charged under the children's buy-in
program pursuant to section 5101.5213 of the Revised Code shall be
credited to the fund.
(B) The department of job and family services shall use money
credited to the medicaid revenue and collections fund to pay for
medicaid services and contracts and the children's buy-in program
established under sections 5101.5211 to 5101.5216 of the Revised
Code.
Sec. 5111.944. (A) As used in this section:
"Dual eligible individual" has the same meaning as in section
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),
42 U.S.C. 1396n(h)(2)(B).
"Dual eligible integrated care demonstration project" means
the demonstration project authorized by section 5111.981 of the
Revised Code.
"Medicare program" means the program created under Title
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.
1395, as amended.
(B) There is created in the state treasury the integrated
care delivery systems fund. If the terms of the federal approval
for the dual eligible integrated care demonstration project
provide for the state to receive a portion of the amounts that the
demonstration project saves the medicare program, such amounts
shall be deposited into the fund. The department of job and family
services shall use the money in the fund to further develop
integrated delivery systems and improved care coordination for
dual eligible individuals.
Sec. 5111.945. There is created in the state treasury the
health care special activities fund. The department of job and
family services shall deposit all funds it receives pursuant to
the administration of the medicaid program into the fund, other
than any such funds that are required by law to be deposited into
another fund. The department shall use the money in the fund to
pay for expenses related to the services provided under, and the
administration of, the medicaid program.
Sec. 5111.97. (A) As used in this section and in section
5111.971 of the Revised Code, "nursing facility" has the same
meaning as in section 5111.20 of the Revised Code.
(B) To the extent funds are available, the director of job
and family services may establish the Ohio access success project
to help medicaid recipients make the transition from residing in a
nursing facility to residing in a community setting. The program
project may be established as a separate non-medicaid nonmedicaid
program or integrated into a new or existing program of
medicaid-funded home and community-based services authorized by a
waiver approved by the United States department of health and
human services. The director shall permit any recipient of
medicaid-funded nursing facility services to apply for
participation in the program project, but may limit the number of
program project participants. If an application is received before
the applicant has been a recipient of medicaid-funded nursing
facility services for six months, the
The director shall ensure that an assessment of an applicant
is conducted as soon as practicable to determine whether the
applicant is eligible for participation in the program project. To
the maximum extent possible, the assessment and eligibility
determination shall be completed not later than the date that
occurs six months after the applicant became a recipient of
medicaid-funded nursing facility services.
(C) To be eligible for benefits under the project, a medicaid
recipient must satisfy all of the following requirements:
(1) Be The medicaid recipient must be a recipient of
medicaid-funded nursing facility services, at the time of applying
for the project benefits;.
(2) Need the level of care provided by nursing facilities;
(3) For participation in a non-medicaid If the project is
established as a nonmedicaid program, receive services the
medicaid recipient must be able to remain in the community with a
as a result of receiving project benefits and the projected cost
of the benefits to the project does not exceeding exceed eighty
per cent of the average monthly medicaid cost of a medicaid
recipient in a nursing facility;
(4) For participation in a program established as part of.
(3) If the project is integrated into a medicaid-funded home
and community-based services waiver program, the medicaid
recipient must meet waiver enrollment criteria.
(D) If the director establishes the Ohio access success
project, the benefits provided under the project may include
payment of all of the following:
(1) The first month's rent in a community setting;
(5) Other expenses not covered by the medicaid program that
facilitate a medicaid recipient's move from a nursing facility to
a community setting.
(E) If the project is established as a non-medicaid
nonmedicaid program, no participant may receive more than two
thousand dollars worth of benefits under the project.
(F) The director may submit a request to the United States
secretary of health and human services pursuant to section 1915 of
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,
as amended, to create a medicaid home and community-based services
waiver program to serve individuals who meet the criteria for
participation in the Ohio access success project. The director may
adopt rules under Chapter 119. of the Revised Code for the
administration and operation of the program project.
Sec. 5111.981. (A) As used in this section:
"Dual eligible individual" has the same meaning as in section
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010),
42 U.S.C. 1396n(h)(2)(B).
"Medicare program" means the program created under Title
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.
1395, as amended.
(B) Subject to division (C) of this section, the director of
job and family services may implement a demonstration project to
test and evaluate the integration of the care that dual eligible
individuals receive under the medicare and medicaid programs. No
provision of Title LI of the Revised Code applies to the
demonstration project if that provision implements or incorporates
a provision of federal law governing the medicaid program and that
provision of federal law does not apply to the demonstration
project.
(C) Before implementing the demonstration project under
division (B) of this section, the director shall obtain the
approval of the United States secretary of health and human
services in the form of a federal medicaid waiver, medicaid state
plan amendment, or demonstration grant. The director is required
to seek the federal approval only if the director seeks to
implement the demonstration project. The director shall implement
the demonstration project in accordance with the terms of the
federal approval, including the terms regarding the duration of
the demonstration project.
Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the
Revised Code:
(A) "Franchise permit fee rate" means the following:
(1) Until August 1, 2009, eleven dollars and ninety-eight
cents;
(2) For the period beginning August 1, 2009, and ending June
30, 2010, fourteen dollars and seventy-five cents;
(3) For fiscal year 2011 2012, thirteen seventeen dollars and
fifty-five ninety-nine cents;
(4)(2) For fiscal year 2012 2013 and each fiscal year
thereafter, the rate used for the immediately preceding fiscal
year as adjusted in accordance with the composite inflation factor
established in rules adopted under section 5112.39 of the Revised
Code eighteen dollars and thirty-two cents.
(B) "Indirect guarantee percentage" means the percentage
specified in section 1903(w)(4)(C)(ii) of the "Social Security
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii), as
amended, that is to be used in determining whether a class of
providers is indirectly held harmless for any portion of the costs
of a broad-based health-care-related tax. If the indirect
guarantee percentage changes during a fiscal year, the indirect
guarantee percentage is the following:
(1) For the part of the fiscal year before the change takes
effect, the percentage in effect before the change;
(2) For the part of the fiscal year beginning with the date
the indirect guarantee percentage changes, the new percentage.
(C) "Intermediate care facility for the mentally retarded"
has the same meaning as in section 5111.20 of the Revised Code,
except that, until August 1, 2009, it does not include any such
facility operated by the department of developmental disabilities.
(C)(D) "Medicaid" has the same meaning as in section 5111.01
of the Revised Code.
Sec. 5112.31. The department of job and family services
shall do all of the following:
(A) Subject to division divisions (B) and (C) of this section
and for the purposes specified in sections 5112.37 and 5112.371 of
the Revised Code, assess for each fiscal year each intermediate
care facility for the mentally retarded a franchise permit fee
equal to the franchise permit fee rate multiplied by the product
of the following:
(1) The number of beds certified under Title XIX of the
"Social Security Act" on the first day of May of the calendar year
in which the assessment is determined pursuant to division (A) of
section 5112.33 of the Revised Code;
(2) The following number of days:
(a) For fiscal year 2010, the following:
(i) For the part of fiscal year 2010 during which the
franchise permit fee rate is eleven dollars and ninety-eight
cents, the number of days during fiscal year 2010 during which the
franchise permit fee rate is that amount;
(ii) For the part of fiscal year 2010 during which the
franchise permit fee rate is fourteen dollars and seventy-five
cents, the number of days during fiscal year 2010 during which the
franchise permit fee is that amount;
(iii) For fiscal year 2011 and each fiscal year thereafter,
the number of days in the fiscal year.
(B) If the total amount of the franchise permit fee assessed
under division (A) of this section for a fiscal year exceeds five
and one-half per cent the indirect guarantee percentage of the
actual net patient revenue for all intermediate care facilities
for the mentally retarded for that fiscal year, do both of the
following:
(1) Recalculate the assessments under division (A) of this
section using a per bed per day rate equal to five and one-half
per cent the indirect guarantee percentage of actual net patient
revenue for all intermediate care facilities for the mentally
retarded for that fiscal year;
(2) Refund the difference between the amount of the franchise
permit fee assessed for that fiscal year under division (A) of
this section and the amount recalculated under division (B)(1) of
this section as a credit against the assessments imposed under
division (A) of this section for the subsequent fiscal year.
(C) If the United States secretary of health and human
services determines that the franchise permit fee established by
sections 5112.30 to 5112.39 of the Revised Code would be an
impermissible health care-related tax under section 1903(w) of the
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all
necessary actions to cease implementation of those sections in
accordance with rules adopted under section 5112.39 of the Revised
Code.
Sec. 5112.37. There is hereby created in the state treasury
the home and community-based services for the mentally retarded
and developmentally disabled fund. Eighty-four Eighty-one and two
tenths seventy-seven hundredths per cent of all installment
payments and penalties paid by an intermediate care facility for
the mentally retarded under sections 5112.33 and 5112.34 of the
Revised Code for state fiscal year 2010 2012 shall be deposited
into the fund. Seventy-nine Eighty-two and
twelve hundredths two
tenths per cent of all installment payments and penalties paid by
an intermediate care facility for the mentally retarded under
sections 5112.33 and 5112.34 of the Revised Code for state fiscal
year 2011 2013 and thereafter shall be deposited into the fund.
The department of job and family services shall distribute the
money in the fund in accordance with rules adopted under section
5112.39 of the Revised Code. The departments of job and family
services and developmental disabilities shall use the money for
the medicaid program established under Chapter 5111. of the
Revised Code and home and community-based services to mentally
retarded and developmentally disabled persons.
Sec. 5112.371. There is hereby created in the state treasury
the department of developmental disabilities operating and
services fund. Fifteen and eight tenths per cent of all All
installment payments and penalties paid by an intermediate care
facility for the mentally retarded under sections 5112.33 and
5112.34 of the Revised Code for state fiscal year 2010 that are
not deposited into the home and community-based services for the
mentally retarded and developmentally disabled fund shall be
deposited into the department of developmental disabilities
operating and services fund. Twenty and eighty-eight hundredths
per cent of all installment payments and penalties paid by an
intermediate care facility for the mentally retarded under
sections 5112.33 and 5112.34 of the Revised Code for state fiscal
year 2011 and thereafter shall be deposited into the fund. The
money in the fund shall be used for the expenses of the programs
that the department of mental retardation and developmental
disabilities administers and the department's administrative
expenses.
Sec. 5112.39. The director of job and family services shall
adopt rules in accordance with Chapter 119. of the Revised Code to
do all of the following:
(A) Establish a composite inflation factor for the purpose of
division (A)(4) of section 5112.30 of the Revised Code;
(B) Prescribe the actions the department will take to cease
implementation of sections 5112.30 to 5112.39 of the Revised Code
if the United States secretary of health and human services
determines that the franchise permit fee imposed under section
5112.31 of the Revised Code is an impermissible health
care-related tax under section 1903(w) of the "Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396b(w), as amended;
(C)(B) Establish the method of distributing the money in the
home and community-based services for the mentally retarded and
developmentally disabled fund created by section 5112.37 of the
Revised Code;
(D)(C) Establish any other requirements or procedures the
director considers necessary to implement sections 5112.30 to
5112.39 of the Revised Code.
Sec. 5112.40. As used in sections 5112.40 to 5112.48 of the
Revised Code:
(A) "Applicable assessment percentage" means the percentage
specified in rules adopted under section 5112.46 of the Revised
Code that is used in calculating a hospital's assessment under
section 5112.41 of the Revised Code.
(B) "Assessment program year" means the twelve-month period
beginning the first day of October of a calendar year and ending
the last day of September of the following calendar year.
(B)(C) "Cost reporting period" means the period of time used
by a hospital in reporting costs for purposes of the medicare
program.
(C)(D) "Federal fiscal year" means the twelve-month period
beginning the first day of October of a calendar year and ending
the last day of September of the following calendar year.
(D)(E)(1) Except as provided in division (D)(E)(2) of this
section, "hospital" means a hospital to which any of the following
applies:
(a) The hospital is registered under section 3701.07 of the
Revised Code as a general medical and surgical hospital or a
pediatric general hospital and provides inpatient hospital
services, as defined in 42 C.F.R. 440.10.
(b) The hospital is recognized under the medicare program as
a cancer hospital and is exempt from the medicare prospective
payment system.
(c) The hospital is a psychiatric hospital licensed under
section 5119.20 of the Revised Code.
(2) "Hospital" does not include either of the following:
(b) A hospital that does not charge any of its patients for
its services.
(E)(F) "Hospital care assurance program" means the program
established under sections 5112.01 to 5112.21 of the Revised Code.
(F)(G) "Medicaid" has the same meaning as in section 5111.01
of the Revised Code.
(G)(H) "Medicare" means the program established under Title
XVIII of the Social Security Act.
(H)(I) "State fiscal year" means the twelve-month period
beginning the first day of July of a calendar year and ending the
last day of June of the following calendar year.
(I)(J)(1) Except as provided in divisions (I)(J)(2) and (3)
of this section, "total facility costs" means the total costs to a
hospital for all care provided to all patients, including the
direct, indirect, and overhead costs to the hospital of all
services, supplies, equipment, and capital related to the care of
patients, regardless of whether patients are enrolled in a health
insuring corporation.
(2) "Total facility costs" excludes all of the following of a
hospital's costs as shown on the cost-reporting data used for
purposes of determining the hospital's assessment under section
5112.41 of the Revised Code:
(a) Skilled nursing services provided in distinct-part
nursing facility units;
(b) Home health services;
(e) Renting durable medical equipment;
(f) Selling durable medical equipment.
(3) "Total facility costs" excludes any costs excluded from a
hospital's total facility costs pursuant to rules, if any, adopted
under division (B)(1) of section 5112.46 of the Revised Code.
Sec. 5112.41. (A) For the purposes specified in section
5112.45 of the Revised Code and subject to section 5112.48 of the
Revised Code, there is hereby imposed an assessment on all
hospitals each assessment program year. The amount of a hospital's
assessment for an assessment program year shall equal, except as
provided in division (D) of this section, the applicable
assessment percentage specified in division (B) of this section of
the hospital's total facility costs for the period of time
specified in division (C)(B) of this section. The amount of a
hospital's total facility costs shall be derived from
cost-reporting data for the hospital submitted to the department
of job and family services for purposes of the hospital care
assurance program. If a hospital has not submitted that
cost-reporting data to the department, the amount of a hospital's
total facility costs shall be derived from other financial
statements that the hospital shall provide to the department as
directed by the department. The cost-reporting data or financial
statements used to determine a hospital's assessment is subject to
the same type of adjustments made to the cost-reporting data under
the hospital care assurance program.
(B) The percentage specified in this division is the
following:
(1) For the first assessment program year beginning after the
effective date of this section, one and fifty-two hundredths per
cent;
(2) Subject to division (D) of this section, for the second
assessment program year after the effective date of this section
and each successive assessment program year, one and sixty-one
hundredths per cent.
(C) The period of time specified in this division is the
hospital's cost reporting period that ends in the state fiscal
year that ends in the federal fiscal year that precedes the
federal fiscal year that precedes the assessment program year for
which the assessment is imposed.
(D) The department of job and family services shall apply to
the United States secretary of health and human services for a
waiver under 42 U.S.C. 1396b(w)(3)(E) to establish, for the second
assessment program year after the effective date of this section
and each successive assessment program year, a tiered assessment
on hospitals' total facility costs instead of applying the
percentage specified in division (B)(2) of this section. If the
United States secretary denies the waiver, the department shall
apply the percentage specified in division (B)(2) of this section
for the second assessment program year after the effective date of
this section and each successive assessment program year.
(E)(C) The assessment imposed by this section on a hospital
is in addition to the assessment imposed by section 5112.06 of the
Revised Code.
Sec. 5112.46. (A) The director of job and family services
may shall adopt, amend, and rescind rules in accordance with
Chapter 119. of the Revised Code as necessary to implement
sections 5112.40 to 5112.48 of the Revised Code, including rules
that specify the percentage of hospitals' total facility costs to
be used in calculating hospitals' assessments under section
5112.41 of the Revised Code.
(B) The rules adopted under this section may provide do the
following:
(1) Provide that a hospital's total facility costs for the
purpose of the assessment under section 5112.41 of the Revised
Code exclude any of the following:
(1)(a) A hospital's costs associated with providing care to
recipients of any of the following:
(a)(i) The medicaid program;
(b)(ii) The medicare program;
(c)(iii) The disability financial assistance program
established under Chapter 5115. of the Revised Code;
(d)(iv) The program for medically handicapped children
established under section 3701.023 of the Revised Code;
(e)(v) Services provided under the maternal and child health
services block grant established under Title V of the Social
Security Act.
(2)(b) Any other category of hospital costs the director
deems appropriate under federal law and regulations governing the
medicaid program.
(2) Subject to division (C) of this section, provide for the
percentage of hospitals' total facility costs used in calculating
hospitals' assessments to vary for different hospitals;
(3) To reduce hospitals' cash flow difficulties, establish a
schedule for hospitals to pay their assessments that is different
from the schedule established under section 5112.43 of the Revised
Code.
(C) Before adopting rules authorized by division (B)(2) of
this section that establish varied percentages to be used in
calculating hospitals' assessments, the director shall obtain a
waiver from the United States secretary of health and human
services under section 1903(w)(3)(E) of the "Social Security Act,"
105 Stat. 1796 (1991), 42 U.S.C. 1396b(w)(3)(E), as amended, if
the varied percentages would cause the assessments to not be
imposed uniformly.
Sec. 5112.99. (A) The director of job and family services
shall impose a penalty for each day that a hospital fails to
report the information required under section 5112.04 of the
Revised Code on or before the dates specified in that section. The
amount of the penalty shall be established by the director in
rules adopted under section 5112.03 of the Revised Code.
(B) In addition to any other remedy available to the
department of job and family services under law to collect unpaid
assessments and transfers under sections 5112.01 to 5112.21 of the
Revised Code, the director shall impose a penalty of ten per cent
of the amount due on any hospital that fails to pay assessments or
make intergovernmental transfers by the dates required by rules
adopted under section 5112.03 of the Revised Code.
(C) In addition to any other remedy available to the
department of job and family services under law to collect unpaid
assessments imposed under section 5112.41 of the Revised Code, the
director shall impose a penalty of ten per cent of the amount due
on any hospital that fails to pay the assessment by the date it is
due.
(D) The director shall waive the penalties provided for in
divisions (A) and (B) of this section for good cause shown by the
hospital.
(D)(E) All penalties imposed under this section shall be
deposited into the health care administration fund created by
section 5111.94 of the Revised Code.
Sec. 5112.991. The department of job and family services may
offset the amount of a hospital's unpaid penalty imposed under
section 5112.99 of the Revised Code from one or more payments due
the hospital under the medicaid program. The total amount that may
be offset from one or more payments shall not exceed the amount of
the unpaid penalty.
Sec. 5119.01. The director of mental health is the chief
executive and administrative officer of the department of mental
health. The director may establish procedures for the governance
of the department, conduct of its employees and officers,
performance of its business, and custody, use, and preservation of
departmental records, papers, books, documents, and property.
Whenever the Revised Code imposes a duty upon or requires an
action of the department or any of its institutions, the director
shall perform the action or duty in the name of the department,
except that the medical director appointed pursuant to section
5119.07 of the Revised Code shall be responsible for decisions
relating to medical diagnosis, treatment, rehabilitation, quality
assurance, and the clinical aspects of the following: licensure of
hospitals and residential facilities, research, community mental
health plans, and delivery of mental health services.
(A) Adopt rules for the proper execution of the powers and
duties of the department with respect to the institutions under
its control, and require the performance of additional duties by
the officers of the institutions as necessary to fully meet the
requirements, intents, and purposes of this chapter. In case of an
apparent conflict between the powers conferred upon any managing
officer and those conferred by such sections upon the department,
the presumption shall be conclusive in favor of the department.
(B) Adopt rules for the nonpartisan management of the
institutions under the department's control. An officer or
employee of the department or any officer or employee of any
institution under its control who, by solicitation or otherwise,
exerts influence directly or indirectly to induce any other
officer or employee of the department or any of its institutions
to adopt the exerting officer's or employee's political views or
to favor any particular person, issue, or candidate for office
shall be removed from the exerting officer's or employee's office
or position, by the department in case of an officer or employee,
and by the governor in case of the director.
(C) Appoint such employees, including the medical director,
as are necessary for the efficient conduct of the department, and
prescribe their titles and duties;
(D) Prescribe the forms of affidavits, applications, medical
certificates, orders of hospitalization and release, and all other
forms, reports, and records that are required in the
hospitalization or admission and release of all persons to the
institutions under the control of the department, or are otherwise
required under this chapter or Chapter 5122. of the Revised Code;
(E) Contract with hospitals licensed by the department under
section 5119.20 of the Revised Code for the care and treatment of
mentally ill patients, or with persons, organizations, or agencies
for the custody, evaluation, supervision, care, or treatment of
mentally ill persons receiving services elsewhere than within the
enclosure of a hospital operated under section 5119.02 of the
Revised Code;
(F) Exercise the powers and perform the duties relating to
community mental health facilities and services that are assigned
to the director under this chapter and Chapter 340. of the Revised
Code;
(G) Develop and implement clinical evaluation and monitoring
of services that are operated by the department;
(H) At the director's discretion, adopt rules establishing
standards for the adequacy of services provided by community
mental health facilities, and certify the compliance of such
facilities with the standards for the purpose of authorizing their
participation in the health care plans of health insuring
corporations under Chapter 1751. and sickness and accident
insurance policies issued under Chapter 3923. of the Revised Code.
The director shall cease to certify such compliance two years
after June 6, 2001. The director shall rescind the rules after the
date the director ceases to certify such compliance.
(I) Adopt rules establishing standards for the performance of
evaluations by a forensic center or other psychiatric program or
facility of the mental condition of defendants ordered by the
court under section 2919.271, or 2945.371 of the Revised Code, and
for the treatment of defendants who have been found incompetent to
stand trial and ordered by the court under section 2945.38,
2945.39, 2945.401, or 2945.402 of the Revised Code to receive
treatment in facilities;
(J)(I) On behalf of the department, have the authority and
responsibility for entering into contracts and other agreements;
(K)(J) Prepare and publish regularly a state mental health
plan that describes the department's philosophy, current
activities, and long-term and short-term goals and activities;
(L)(K) Adopt rules in accordance with Chapter 119. of the
Revised Code specifying the supplemental services that may be
provided through a trust authorized by section 5815.28 of the
Revised Code;
(M)(L) Adopt rules in accordance with Chapter 119. of the
Revised Code establishing standards for the maintenance and
distribution to a beneficiary of assets of a trust authorized by
section 5815.28 of the Revised Code.
Sec. 5119.012. The department of mental health has all the
authority necessary to carry out its powers and duties under this
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised
Code.
Sec. 5119.013. Pursuant to the director of mental health's
authority under division (J) of section 5119.01 of the Revised
Code, the director may contract with agencies, institutions, and
other entities both public and private, as necessary for the
department of mental health to carry out its duties under this
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised
Code. Chapter 125. of the Revised Code does not apply to contracts
the director enters into under this section.
Sec. 5119.02. (A) The department of mental health shall
maintain, operate, manage, and govern state institutions for the
care and treatment of mentally ill persons.
(B) The department of mental health may designate all
institutions under its jurisdiction by appropriate respective
names, regardless of present statutory designation.
(C) Subject to section 5139.08 and pursuant to Chapter 5122.
of the Revised Code and on the agreement of the departments of
mental health and youth services, the department of mental health
may receive from the department of youth services for psychiatric
observation, diagnosis, or treatment any person eighteen years of
age or older in the custody of the department of youth services.
The departments shall enter into a written agreement specifying
the procedures necessary to implement this division.
(D) The department of mental health shall provide and
designate hospitals, facilities, and community mental health
agencies for the custody, care, and special treatment of, and
authorize payment for such custody, care, and special treatment
provided to, persons who are charged with a crime and who are
found incompetent to stand trial or not guilty by reason of
insanity.
(E) The department of mental health may do all of the
following:
(1) Require reports from the managing officer of any
institution under the department's jurisdiction, relating to the
admission, examination, comprehensive evaluation, diagnosis,
release, or discharge of any patient;
(2) Visit each institution regularly to review its operations
and to investigate complaints made by any patient or by any person
on behalf of a patient, provided these duties may be performed by
a person designated by the director.
(F) The department of mental health shall divide the state
into districts for the purpose of designating the institution in
which mentally ill persons are hospitalized, and may change the
districts.
(G) In addition to the powers expressly conferred, the
department of mental health shall have all powers and authority
necessary for the full and efficient exercise of the executive,
administrative, and fiscal supervision over the state institutions
described in this section.
(H) The department of mental health may provide for the
custody, supervision, control, treatment, and training of mentally
ill persons hospitalized elsewhere than within the enclosure of a
hospital, if the department so determines with respect to any
individual or group of individuals. In all such cases, the
department shall ensure adequate and proper supervision for the
protection of such persons and of the public.
Sec. 5119.06. (A) The department of mental health shall:
(1) Establish and (A) To the extent the department has
available resources and in consultation with boards of alcohol,
drug addiction, and mental health services, support a program at
the state level to promote a community support system in
accordance with section 340.03 of the Revised Code to be available
for every alcohol, drug addiction, and mental health service
district on a district or multi-district basis. The department
shall define the essential elements of a community support system,
shall assist in identifying resources, and coordinating the
planning, evaluation, and delivery of services to facilitate the
access of mentally ill people to public services at federal,
state, and local levels, and shall operate may prioritize support
for one or more of the elements.
(B) Operate inpatient and other mental health services
pursuant to the approved community mental health plan.
(C) Provide training, consultation, and technical assistance
regarding mental health programs and services and appropriate
prevention and mental health promotion activities, including those
that are culturally sensitive, to employees of the department,
community mental health agencies and boards, and other agencies
providing mental health services;
(3) Promote (D) To the extent the department has available
resources, promote and support a full range of mental health
services that are available and accessible to all residents of
this state, especially for severely mentally disabled children,
adolescents, and adults, and other special target populations,
including racial and ethnic minorities, as determined by the
department.;
(4)(E) Design and set criteria for the determination of
severe mental disability;
(5)(F) Establish standards for evaluation of mental health
programs;
(6)(G) Promote, direct, conduct, and coordinate scientific
research, taking ethnic and racial differences into consideration,
concerning the causes and prevention of mental illness, methods of
providing effective services and treatment, and means of enhancing
the mental health of all residents of this state;
(7)(H) Foster the establishment and availability of
vocational rehabilitation services and the creation of employment
opportunities for consumers of mental health services, including
members of racial and ethnic minorities;
(8)(I) Establish a program to protect and promote the rights
of persons receiving mental health services, including the
issuance of guidelines on informed consent and other rights;
(9)(J) Establish, in consultation with board of alcohol, drug
addiction, and mental health services representatives and after
consideration of the recommendations of the medical director,
guidelines for the development of community mental health plans
and the review and approval or disapproval of such plans submitted
pursuant to section 340.03 of the Revised Code;
(10)(K) Promote the involvement of persons who are receiving
or have received mental health services, including families and
other persons having a close relationship to a person receiving
mental health services, in the planning, evaluation, delivery, and
operation of mental health services.;
(11)(L) Notify and consult with the relevant constituencies
that may be affected by rules, standards, and guidelines issued by
the department of mental health. These constituencies shall
include consumers of mental health services and their families,
and may include public and private providers, employee
organizations, and others when appropriate. Whenever the
department proposes the adoption, amendment, or rescission of
rules under Chapter 119. of the Revised Code, the notification and
consultation required by this division shall occur prior to the
commencement of proceedings under Chapter 119. The department
shall adopt rules under Chapter 119. of the Revised Code that
establish procedures for the notification and consultation
required by this division.
(12)(M) In cooperation with board of alcohol, drug addiction,
and mental health services representatives, provide training
regarding the provision of community-based mental health services
to those department employees who are utilized in state-operated,
community-based mental health services;
(13)(N) Provide consultation to the department of
rehabilitation and correction concerning the delivery of mental
health services in state correctional institutions;.
(B) The department of mental health may negotiate and enter
into agreements with other agencies and institutions, both public
and private, for the joint performance of its duties.
Sec. 5119.18. There is hereby created in the state treasury
the department of mental health trust fund. Not later than the
first day of September of each year, the director of mental health
shall certify to the director of budget and management the amount
of all of the unexpended, unencumbered balances of general revenue
fund appropriations made to the department of mental health for
the previous fiscal year, excluding funds appropriated for rental
payments to the Ohio public facilities commission. On receipt of
the certification, the director of budget and management shall
transfer cash to the trust fund in an amount up to, but not
exceeding, the total of the amounts certified by the director of
mental health.
In addition, the trust fund shall receive all amounts,
subject to any provisions in bond documents, received from the
sale or lease of lands and facilities by the department.
All moneys in the trust fund shall be used by the department
of mental health for mental health purposes specified in division
(A) of section 5119.06 of the Revised Code to pay for expenditures
the department incurs in performing any of its duties under this
chapter. The use of moneys in the trust fund pursuant to this
section does not represent an ongoing commitment to the
continuation of the trust fund or to the use of moneys in the
trust fund.
Sec. 5119.22. (A)(1) As used in this section and sections
5119.221 and 5119.222 of the Revised Code:
(a) "Community mental health agency" means a community mental
health agency as defined in division (H) of section 5122.01 of the
Revised Code, or, until two years after the effective date of this
amendment, a community mental health facility certified by the
department of mental health pursuant to division (H) of section
5119.01 of the Revised Code.
(b) "Community mental health services" means any of the
services listed in section 340.09 of the Revised Code.
(c) "Personal care services" means services including, but
not limited to, the following:
(i) Assisting residents with activities of daily living;
(ii) Assisting residents with self-administration of
medication in accordance with rules adopted under this section;
(iii) Preparing special diets, other than complex therapeutic
diets, for residents pursuant to the instructions of a physician
or a licensed dietitian, in accordance with rules adopted under
this section.
"Personal care services" does not include "skilled nursing
care" as defined in section 3721.01 of the Revised Code. A
facility need not provide more than one of the services listed in
division (A)(1)(c) of this section to be considered to be
providing personal care services.
(d) "Residential facility" means a publicly or privately
operated home or facility that provides one of the following:
(i) Room and board, personal care services, and community
mental health services to one or more persons with mental illness
or persons with severe mental disabilities who are referred by or
are receiving community mental health services from a community
mental health agency, hospital, or practitioner;
(ii) Room and board and personal care services to one or two
persons with mental illness or persons with severe mental
disabilities who are referred by or are receiving community mental
health services from a community mental health agency, hospital,
or practitioner;
(iii) Room and board to five or more persons with mental
illness or persons with severe mental disabilities who are
referred by or are receiving community mental health services from
a community mental health agency, hospital, or practitioner.
The following are not residential facilities: the residence
of a relative or guardian of a mentally ill individual, a hospital
subject to licensure under section 5119.20 of the Revised Code, a
residential facility as defined in section 5123.19 of the Revised
Code, a facility providing care for a child in the custody of a
public children services agency or a private agency certified
under section 5103.03 of the Revised Code, a foster care facility
subject to section 5103.03 of the Revised Code, an adult care
facility subject to licensure under Chapter 3722. sections 5119.70
to 5119.88 of the Revised Code, and a nursing home, residential
care facility, or home for the aging subject to licensure under
section 3721.02 of the Revised Code.
(2) Nothing in division (A)(1)(d) of this section shall be
construed to permit personal care services to be imposed on a
resident who is capable of performing the activity in question
without assistance.
(3) Except in the case of a residential facility described in
division (A)(1)(d)(i) of this section, members of the staff of a
residential facility shall not administer medication to residents,
all medication taken by residents of a residential facility shall
be self-administered, and no person shall be admitted to or
retained by a residential facility unless the person is capable of
taking the person's own medication and biologicals, as determined
in writing by the person's personal physician. Members of the
staff of a residential facility may do any of the following:
(a) Remind a resident when to take medication and watch to
ensure that the resident follows the directions on the container;
(b) Assist a resident in the self-administration of
medication by taking the medication from the locked area where it
is stored, in accordance with rules adopted pursuant to this
section, and handing it to the resident. If the resident is
physically unable to open the container, a staff member may open
the container for the resident.
(c) Assist a physically impaired but mentally alert resident,
such as a resident with arthritis, cerebral palsy, or Parkinson's
disease, in removing oral or topical medication from containers
and in consuming or applying the medication, upon request by or
with the consent of the resident. If a resident is physically
unable to place a dose of medicine to the resident's mouth without
spilling it, a staff member may place the dose in a container and
place the container to the mouth of the resident.
(B) Every person operating or desiring to operate a
residential facility shall apply for licensure of the facility to
the department of mental health and shall send a copy of the
application to the board of alcohol, drug addiction, and mental
health services whose service district includes the county in
which the person operates or desires to operate a residential
facility. The board shall review such applications and recommend
approval or disapproval to the department. Each recommendation
shall be consistent with the board's community mental health plan.
(C) The department of mental health shall inspect and license
the operation of residential facilities. The department shall
consider the past record of the facility and the applicant or
licensee in arriving at its licensure decision. The department may
issue full, probationary, and interim licenses. A full license
shall expire two years after the date of issuance, a probationary
license shall expire in a shorter period of time as prescribed by
rule adopted by the director of mental health pursuant to Chapter
119. of the Revised Code, and an interim license shall expire
ninety days after the date of issuance. The department may refuse
to issue or renew and may revoke a license if it finds the
facility is not in compliance with rules adopted by the department
pursuant to division (G) of this section or if any facility
operated by the applicant or licensee has had repeated violations
of statutes or rules during the period of previous licenses.
Proceedings initiated to deny applications for full or
probationary licenses or to revoke such licenses are governed by
Chapter 119. of the Revised Code.
(D) The department may issue an interim license to operate a
residential facility if both of the following conditions are met:
(1) The department determines that the closing of or the need
to remove residents from another residential facility has created
an emergency situation requiring immediate removal of residents
and an insufficient number of licensed beds are available.
(2) The residential facility applying for an interim license
meets standards established for interim licenses in rules adopted
by the director under Chapter 119. of the Revised Code.
An interim license shall be valid for ninety days and may be
renewed by the director no more than twice. Proceedings initiated
to deny applications for or to revoke interim licenses under this
division are not subject to Chapter 119. of the Revised Code.
(E) The department of mental health may conduct an inspection
of a residential facility:
(1) Prior to the issuance of a license to a prospective
operator;
(2) Prior to the renewal of any operator's license;
(3) To determine whether a facility has completed a plan of
correction required pursuant to this division and corrected
deficiencies to the satisfaction of the department and in
compliance with this section and rules adopted pursuant to it;
(4) Upon complaint by any individual or agency;
(5) At any time the director considers an inspection to be
necessary in order to determine whether a residential facility is
in compliance with this section and rules adopted pursuant to this
section.
In conducting inspections the department may conduct an
on-site examination and evaluation of the residential facility,
its personnel, activities, and services. The department shall have
access to examine all records, accounts, and any other documents
relating to the operation of the residential facility, and shall
have access to the facility in order to conduct interviews with
the operator, staff, and residents. Following each inspection and
review, the department shall complete a report listing any
deficiencies, and including, when appropriate, a time table within
which the operator shall correct the deficiencies. The department
may require the operator to submit a plan of correction describing
how the deficiencies will be corrected.
(F) No person shall do any of the following:
(1) Operate a residential facility unless the facility holds
a valid license;
(2) Violate any of the conditions of licensure after having
been granted a license;
(3) Interfere with a state or local official's inspection or
investigation of a residential facility;
(4) Violate any of the provisions of this section or any
rules adopted pursuant to this section.
(G) The director shall adopt and may amend and rescind rules
pursuant to Chapter 119. of the Revised Code, prescribing minimum
standards for the health, safety, adequacy, and cultural
specificity and sensitivity of treatment of and services for
persons in residential facilities; establishing procedures for the
issuance, renewal or revocation of the licenses of such
facilities; establishing the maximum number of residents of a
facility; establishing the rights of residents and procedures to
protect such rights; and requiring an affiliation agreement
approved by the board between a residential facility and a mental
health agency. Such affiliation agreement must be consistent with
the residential portion of the community mental health plan
submitted pursuant to section 340.03 of the Revised Code.
(H) The department may investigate any facility that has been
reported to the department or that the department has reasonable
cause to believe is operating as a residential facility without a
valid license.
(I) The department may withhold the source of any complaint
reported as a violation of this act when the department determines
that disclosure could be detrimental to the department's purposes
or could jeopardize the investigation. The department may disclose
the source of any complaint if the complainant agrees in writing
to such disclosure and shall disclose the source upon order by a
court of competent jurisdiction.
(J) The director of mental health may petition the court of
common pleas of the county in which a residential facility is
located for an order enjoining any person from operating a
residential facility without a license or from operating a
licensed facility when, in the director's judgment, there is a
real and present danger to the health or safety of any of the
occupants of the facility. The court shall have jurisdiction to
grant such injunctive relief upon a showing that the respondent
named in the petition is operating a facility without a license or
there is a real and present danger to the health or safety of any
residents of the facility.
(K) Whoever violates division (F) of this section or any rule
adopted under this section is liable for a civil penalty of one
hundred dollars for the first offense; for each subsequent
offense, such violator is liable for a civil penalty of five
hundred dollars. If the violator does not pay, the attorney
general, upon the request of the director of mental health, shall
bring a civil action to collect the penalty. Fines collected
pursuant to this section shall be deposited into the state
treasury to the credit of the mental health sale of goods and
services fund.
Sec. 5119.221. (A) Upon petition by the director of mental
health, the court of common pleas or the probate court may appoint
a receiver to take possession of and operate a residential
facility licensed pursuant to section 5119.22 of the Revised Code,
when conditions existing at the residential facility present a
substantial risk of physical or mental harm to residents and no
other remedies at law are adequate to protect the health, safety,
and welfare of the residents.
Petitions filed pursuant to this section shall include:
(1) A description of the specific conditions existing at the
residential facility which present a substantial risk of physical
or mental harm to residents;
(2) A statement of the absence of other adequate remedies at
law;
(3) The number of individuals residing at the facility;
(4) A statement that the facts have been brought to the
attention of the owner or licensee and that conditions have not
been remedied within a reasonable period of time or that the
conditions, though remedied periodically, habitually exist at the
residential facility as a pattern or practice; and
(5) The name and address of the person holding the license
for the residential facility.
(B) A court in which a petition is filed pursuant to this
section shall notify the person holding the license for the
facility of the filing. The department shall send notice of the
filing to the following, as appropriate: the legal rights service
created pursuant to Ohio protection and advocacy system as defined
in section 5123.60 of the Revised Code; facility owner; facility
operator; board of alcohol, drug addiction, and mental health
services; board of health; department of developmental
disabilities; department of job and family services; facility
residents; and residents' families and guardians. The court shall
provide a hearing on the petition within five court days of the
time it was filed, except that the court may appoint a receiver
prior to that time if it determines that the circumstances
necessitate such action.
Following a hearing on the petition, and upon a determination
that the appointment of a receiver is warranted, the court shall
appoint a receiver and notify the department of mental health and
appropriate persons of this action.
In setting forth the powers of the receiver, the court may
generally authorize the receiver to do all that is prudent and
necessary to safely and efficiently operate the residential
facility within the requirements of state and federal law, but
shall require the receiver to obtain court approval prior to
making any single expenditure of more than five thousand dollars
to correct deficiencies in the structure or furnishings of a
facility. The court shall closely review the conduct of the
receiver and shall require regular and detailed reports.
(C) A receivership established pursuant to this section shall
be terminated, following notification of the appropriate parties
and a hearing, if the court determines either of the following:
(1) The residential facility has been closed and the former
residents have been relocated to an appropriate facility;
(2) Circumstances no longer exist at the residential facility
which present a substantial risk of physical or mental harm to
residents, and there is no deficiency in the residential facility
that is likely to create a future risk of harm.
Notwithstanding division (C)(2) of this section, the court
shall not terminate a receivership for a residential facility that
has previously operated under another receivership unless the
responsibility for the operation of the facility is transferred to
an operator approved by the court and the department of mental
health.
(D) Except for the department of mental health or appropriate
board of alcohol, drug addiction, and mental health services, no
party or person interested in an action shall be appointed a
receiver pursuant to this section.
To assist the court in identifying persons qualified to be
named as receivers, the director of the department of mental
health shall maintain a list of the names of such persons. The
department of mental health, the department of job and family
services, and the department of health shall provide technical
assistance to any receiver appointed pursuant to this section.
Before entering upon the duties of receiver, the receiver
must be sworn to perform the duties faithfully, and, with surety
approved by the court, judge, or clerk, execute a bond to such
person, and in such sum as the court or judge directs, to the
effect that such receiver will faithfully discharge the duties of
receiver in the action, and obey the orders of the court therein.
(1) Under the control of the appointing court, a receiver may
do the following:
(a) Bring and defend actions in the appointee's name as
receiver;
(b) Take and keep possession of property.
(2) The court shall authorize the receiver to do the
following:
(a) Collect payment for all goods and services provided to
the residents or others during the period of the receivership at
the same rate as was charged by the licensee at the time the
petition for receivership was filed, unless a different rate is
set by the court;
(b) Honor all leases, mortgages, and secured transactions
governing all buildings, goods, and fixtures of which the receiver
has taken possession, but, in the case of a rental agreement only
to the extent of payments that are for the use of the property
during the period of the receivership, or, in the case of a
purchase agreement, only to the extent that payments come due
during the period of the receivership;
(c) If transfer of residents is necessary, provide for the
orderly transfer of residents by:
(i) Cooperating with all appropriate state and local agencies
in carrying out the transfer of residents to alternative community
placements;
(ii) Providing for the transportation of residents'
belongings and records;
(iii) Helping to locate alternative placements and develop
plans for transfer;
(iv) Encouraging residents or guardians to participate in
transfer planning except when an emergency exists and immediate
transfer is necessary.
(d) Make periodic reports on the status of the residential
facility to the court; the appropriate state agencies; and the
board of alcohol, drug addiction, and mental health services. Each
report shall be made available to residents, their guardians, and
families.
(e) Compromise demands or claims; and
(f) Generally do such acts respecting the residential
facility as the court authorizes.
Notwithstanding any other provision of law, contracts which
are necessary to carry out the powers and duties of the receiver
need not be competitively bid.
Sec. 5119.222. No rule adopted under section 5119.22 of the
Revised Code regarding documentation that residential facilities
must submit to the department of mental health or a board of
alcohol, drug addiction, and mental health services shall be more
stringent than a comparable documentation submission requirement
that applies to residential facilities and is established by a
federal regulation promulgated by the United States department of
health and human services.
Sec. 5119.61. Any provision in this chapter that refers to a
board of alcohol, drug addiction, and mental health services also
refers to the community mental health board in an alcohol, drug
addiction, and mental health service district that has a community
mental health board.
The director of mental health with respect to all facilities
and programs established and operated under Chapter 340. of the
Revised Code for mentally ill and emotionally disturbed persons,
shall do all of the following:
(A) Adopt rules pursuant to Chapter 119. of the Revised Code
that may be necessary to carry out the purposes of Chapter 340.
and sections 5119.61 to 5119.63 of the Revised Code.
(1) The rules shall include all of the following:
(a) Rules governing a community mental health agency's
services under section 340.091 of the Revised Code to an
individual referred to the agency under division (C)(2) of section
173.35 5119.69 of the Revised Code;
(b) For the purpose of division (A)(16) of section 340.03 of
the Revised Code, rules governing the duties of mental health
agencies and boards of alcohol, drug addiction, and mental health
services under section 3722.18 5119.88 of the Revised Code
regarding referrals of individuals with mental illness or severe
mental disability to adult care facilities and effective
arrangements for ongoing mental health services for the
individuals. The rules shall do at least the following:
(i) Provide for agencies and boards to participate fully in
the procedures owners and managers of adult care facilities must
follow under division (A) of section 3722.18 5119.88 of the
Revised Code;
(ii) Specify the manner in which boards are accountable for
ensuring that ongoing mental health services are effectively
arranged for individuals with mental illness or severe mental
disability who are referred by the board or mental health agency
under contract with the board to an adult care facility.
(c) Rules governing a board of alcohol, drug addiction, and
mental health services when making a report to the director of
health under section 3722.17 5119.87 of the Revised Code regarding
the quality of care and services provided by an adult care
facility to a person with mental illness or a severe mental
disability.
(2) Rules may be adopted to govern the method of paying a
community mental health facility, as defined in section 5111.023
of the Revised Code, for providing services listed in division (B)
of that section. Such rules must be consistent with the contract
entered into between the departments of job and family services
and mental health under section 5111.91 of the Revised Code and
include requirements ensuring appropriate service utilization.
(B) Review and evaluate, and, taking into account the
findings and recommendations of the board of alcohol, drug
addiction, and mental health services of the district served by
the program and the requirements and priorities of the state
mental health plan, including the needs of residents of the
district now residing in state mental institutions, approve and
allocate funds to support community programs, and make
recommendations for needed improvements to boards of alcohol, drug
addiction, and mental health services;
(C) Withhold state and federal funds for any program, in
whole or in part, from a board of alcohol, drug addiction, and
mental health services in the event of failure of that program to
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,
or 5119.62 of the Revised Code or rules of the department of
mental health. The director shall identify the areas of
noncompliance and the action necessary to achieve compliance. The
director shall offer technical assistance to the board to achieve
compliance. The director shall give the board a reasonable time
within which to comply or to present its position that it is in
compliance. Before withholding funds, a hearing shall be conducted
to determine if there are continuing violations and that either
assistance is rejected or the board is unable to achieve
compliance. Subsequent to the hearing process, if it is determined
that compliance has not been achieved, the director may allocate
all or part of the withheld funds to a public or private agency to
provide the services not in compliance until the time that there
is compliance. The director shall establish rules pursuant to
Chapter 119. of the Revised Code to implement this division.
(D) Withhold state or federal funds from a board of alcohol,
drug addiction, and mental health services that denies available
service on the basis of religion, race, color, creed, sex,
national origin, age, disability as defined in section 4112.01 of
the Revised Code, developmental disability, or the inability to
pay;
(E) Provide consultative services to community mental health
agencies with the knowledge and cooperation of the board of
alcohol, drug addiction, and mental health services;
(F) Provide (D) At the director's discretion, provide to
boards of alcohol, drug addiction, and mental health services
state or federal funds, in addition to those allocated under
section 5119.62 of the Revised Code, for special programs or
projects the director considers necessary but for which local
funds are not available;
(G)(E) Establish criteria by which a board of alcohol, drug
addiction, and mental health services reviews and evaluates the
quality, effectiveness, and efficiency of services provided
through its community mental health plan. The criteria shall
include requirements ensuring appropriate service utilization. The
department shall assess a board's evaluation of services and the
compliance of each board with this section, Chapter 340. or
section 5119.62 of the Revised Code, and other state or federal
law and regulations. The department, in cooperation with the
board, periodically shall review and evaluate the quality,
effectiveness, and efficiency of services provided through each
board. The department shall collect information that is necessary
to perform these functions.
(H) Develop (F) To the extent the director determines
necessary and after consulting with boards of alcohol, drug
addiction, and mental health services, develop and operate, or
contract for the operation of, a community mental health
information system or systems.
Boards of alcohol, drug abuse, and mental health services
shall submit information requested by the department in the form
and manner prescribed by the department. Information collected by
the department shall include, but not be limited to, all of the
following:
(1) Information regarding units of services provided in whole
or in part under contract with a board, including diagnosis and
special needs, demographic information, the number of units of
service provided, past treatment, financial status, and service
dates in accordance with rules adopted by the department in
accordance with Chapter 119. of the Revised Code;
(2) Financial information other than price or price-related
data regarding expenditures of boards and community mental health
agencies, including units of service provided, budgeted and actual
expenses by type, and sources of funds.
Boards shall submit the information specified in division
(H)(F)(1) of this section no less frequently than annually for
each client, and each time the client's case is opened or closed.
The department shall not collect any personal information from the
boards except as required or permitted by state or federal law for
purposes related to payment, health care operations, program and
service evaluation, reporting activities, research, system
administration, and oversight.
(I)(G) Review each board's community mental health plan
submitted pursuant to section 340.03 of the Revised Code and
approve or disapprove it in whole or in part. Periodically, in
consultation with representatives of boards and after considering
the recommendations of the medical director, the director shall
issue criteria for determining when a plan is complete, criteria
for plan approval or disapproval, and provisions for conditional
approval. The factors that the director considers may include, but
are not limited to, the following:
(1) The mental health needs of all persons residing within
the board's service district, especially severely mentally
disabled children, adolescents, and adults;
(2) The demonstrated quality, effectiveness, efficiency, and
cultural relevance of the services provided in each service
district, the extent to which any services are duplicative of
other available services, and whether the services meet the needs
identified above;
(3) The adequacy of the board's accounting for the
expenditure of funds.
If the director disapproves all or part of any plan, the
director shall provide the board an opportunity to present its
position. The director shall inform the board of the reasons for
the disapproval and of the criteria that must be met before the
plan may be approved. The director shall give the board a
reasonable time within which to meet the criteria, and shall offer
technical assistance to the board to help it meet the criteria.
If the approval of a plan remains in dispute thirty days
prior to the conclusion of the fiscal year in which the board's
current plan is scheduled to expire, the board or the director may
request that the dispute be submitted to a mutually agreed upon
third-party mediator with the cost to be shared by the board and
the department. The mediator shall issue to the board and the
department recommendations for resolution of the dispute.
Prior to
the conclusion of the fiscal year in which the current plan is
scheduled to expire, the The director, taking into consideration
the recommendations of the mediator, shall make a final
determination and approve or disapprove the plan, in whole or in
part.
Sec. 5119.611. (A) A community mental health agency that
seeks certification of its community mental health services shall
submit an application to the director of mental health. On receipt
of the application, the director may visit and shall evaluate the
agency to determine whether its services satisfy the standards
established by rules adopted under division (C) of this section.
The director shall make the evaluation, and, if the director
visits the agency, shall make the visit, in cooperation with the
board of alcohol, drug addiction, and mental health services with
which the agency seeks to contract under division (A)(8)(a) of
section 340.03 of the Revised Code.
If(B)(1) Subject to division (B)(2) of this section, the
director shall determine whether the services of an applicant's
community mental health agency satisfy the standards for
certification of the services.
If the director determines that a community mental health
agency's services satisfy the standards for certification and the
agency has paid the fee required under division (B)(D) of this
section, the director shall certify the services.
If (2) If an applicant submits to the director evidence of
holding national accreditation from the joint commission, the
council on accreditation of rehabilitation facilities, or the
council on accreditation, the director shall accept that
accreditation as evidence of the applicant satisfying the
standards for certification of the community mental health
agency's services. The director shall certify or recertify the
agency's services without any further evaluation of the services.
(C) If the director determines that a community mental health
agency's services do not satisfy the standards for certification,
the director shall identify the areas of noncompliance, specify
what action is necessary to satisfy the standards, and offer
technical assistance to the board of alcohol, drug addiction, and
mental health services so that the board may assist the agency in
satisfying the standards. The director shall give the agency a
reasonable time within which to demonstrate that its services
satisfy the standards or to bring the services into compliance
with the standards. If the director concludes that the services
continue to fail to satisfy the standards, the director may
request that the board reallocate the funds for the community
mental health services the agency was to provide to another
community mental health agency whose community mental health
services satisfy the standards. If the board does not reallocate
those funds in a reasonable period of time, the director may
withhold state and federal funds for the community mental health
services and allocate those funds directly to a community mental
health agency whose community mental health services satisfy the
standards.
(B)(D) Each community mental health agency seeking
certification of its community mental health services under this
section shall pay a fee for the certification review required by
this section. Fees shall be paid into the sale of goods and
services fund created pursuant to section 5119.161 of the Revised
Code.
(C)(E) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section. The
rules shall do all of the following:
(1) Establish certification standards for community mental
health services, including assertive community treatment and
intensive home-based mental health services, that are consistent
with nationally recognized applicable standards and facilitate
participation in federal assistance programs. The rules shall
include as certification standards only requirements that improve
the quality of services or the health and safety of clients of
community mental health services. The standards shall address at a
minimum all of the following:
(a) Reporting major unusual incidents to the director;
(b) Procedures for applicants for and clients of community
mental health services to file grievances and complaints;
(e) Development of written policies addressing the rights of
clients, including all of the following:
(i) The right to a copy of the written policies addressing
client rights;
(ii) The right at all times to be treated with consideration
and respect for the client's privacy and dignity;
(iii) The right to have access to the client's own
psychiatric, medical, or other treatment records unless access is
specifically restricted in the client's treatment plan for clear
treatment reasons;
(iv) The right to have a client rights officer provided by
the agency or board of alcohol, drug addiction, and mental health
services advise the client of the client's rights, including the
client's rights under Chapter 5122. of the Revised Code if the
client is committed to the agency or board.
(2) Establish standards for qualifications of mental health
professionals as defined in section 340.02 of the Revised Code and
personnel who provide the community mental health services;
(3) Establish the process for certification of community
mental health services;
(4) Set the amount of certification review fees based on a
portion of the cost of performing the review;
(5) Specify the type of notice and hearing to be provided
prior to a decision on whether to reallocate funds.
Sec. 5119.612. No rule adopted under section 5119.611 of the
Revised Code regarding documentation that community mental health
agencies must submit to the department of mental health or a board
of alcohol, drug addiction, and mental health services shall be
more stringent than a comparable documentation submission
requirement that applies to community mental health agencies and
is established by a federal regulation promulgated by the United
States department of health and human services.
Sec. 5119.612 5119.613. The director of mental health shall
require that each board of alcohol, drug addiction, and mental
health services ensure that each community mental health agency
with which it contracts under division (A)(8)(a)(B)(7) of section
340.03 of the Revised Code to provide community mental health
services establish grievance procedures consistent with rules
adopted under section 5119.611 of the Revised Code that are
available to all applicants for and clients of the community
mental health services.
Sec. 5119.613 5119.614. For purposes of Chapter 3722.
sections 5119.70 to 5119.88 of the Revised Code, the director of
mental health shall approve a standardized form to be used in all
areas of this state by adult care facilities and boards of
alcohol, drug addiction, and mental health services when entering
into mental health resident program participation agreements. As
part of approving the form, the director shall specify the
requirements that adult care facilities must meet in order to be
authorized to admit residents who are receiving or are eligible
for publicly funded mental health services.
Sec. 5119.62. (A) Upon approving the plan submitted pursuant
to section 340.03 of the Revised Code, the director The department
of mental health shall authorize the payment of funds
establish a
methodology for allocating to a board boards of alcohol, drug
addiction, and mental health services from the funds appropriated
for such purpose by the general assembly to the department for the
purpose of local mental health systems of care. The
director
department shall release all or part of such
establish the
methodology after notifying and consulting with relevant
constituencies as required by division (L) of section 5119.06 of
the Revised Code. The methodology may provide for the funds to be
allocated to boards on a district or multi-district basis. Subject
to sections 5119.622 and 5119.623 of the Revised Code, the
department shall allocate the funds as is to the boards in a
manner consistent with the methodology, this section, other state
and federal laws, rules, and regulations, and the approved plan.
(B)(1) The director, in consultation with relevant
constituencies as required by division (A)(11) of section 5119.06
of the Revised Code, shall establish a formula for allocating to
boards of alcohol, drug addiction, and mental health services
appropriations from the general revenue fund for the purpose of
local management of mental health services as this purpose is
identified in appropriations to the department of mental health in
appropriation acts. The formula shall include as a factor the
number of severely mentally disabled persons residing in each
alcohol, drug addiction, and mental health service district and
may include other factors, including, but not limited to, the
historical utilization of public hospitals by persons in each
service district. The appropriations shall be allocated to each
board in accordance with the formula but shall be distributed only
to those boards that elect the option provided under division
(B)(3)(a) of this section.
(2) The director shall allocate each fiscal year to boards of
alcohol, drug addiction, and mental health services for services
to severely mentally disabled persons a percentage of the
appropriations to the department from the general revenue fund for
the purposes of hospital personal services, hospital maintenance,
and hospital equipment as those purposes are identified in
appropriations to the department in appropriation acts. After
excluding funds for providing services to persons committed to the
department pursuant to section 2945.38, 2945.39, 2945.40,
2945.401, 2945.402, or 5139.08 of the Revised Code, the percentage
of those appropriations so allocated each year shall equal ten per
cent in fiscal year 1990, twenty per cent in fiscal year 1991,
forty per cent in fiscal year 1992, sixty per cent in fiscal year
1993, eighty per cent in fiscal year 1994, and one hundred per
cent in fiscal year 1995 and thereafter. The amounts so allocated
shall be transferred from the appropriations for the purposes of
hospital personal services, hospital maintenance, and hospital
equipment and credited to appropriations for the purpose of local
management of mental health services. Appropriations for the
purpose of local management of mental health services may be used
by the department and by the boards The department may allocate to
boards a portion of the funds appropriated by the general assembly
to the department for the operation of state hospital services. If
the department allocates the funds, the department shall do all of
the following:
(1) In consultation with the boards:
(a) Annually determine the unit costs of providing state
hospital services; and
(b) Establish the methodology for allocating the funds to the
boards.
(2) Determine the type of unit costs of providing state
hospital services to be included as a factor in the methodology
and include that unit cost as a factor in the methodology;
(3) Subject to sections 5119.622 and 5119.623 of the Revised
Code, allocate the funds to the boards in a manner consistent with
the methodology, this section, other state and federal laws,
rules, and regulations.
(3) No(c) Not later than the first day of April of each year,
the department of mental health shall notify each board of
alcohol, drug addiction, and mental health services of the
department's estimate of the amount of general revenue funds to be
allocated to the board under division (D) of this section during
the fiscal year beginning on the next July first. No If the
department makes an allocation under division (B) of this section,
the department shall also notify each board of the unit costs of
providing state hospital services for the upcoming fiscal year as
determined under that division. Not later than the first day of
May of each year, each board shall notify the director department
as to which of the following options it has elected for that the
upcoming fiscal year:
(a)(1) The board elects to accept distribution of the amount
allocated to it under division (B)(1) of this section. Any board
that makes such an election shall agree to make payments into the
risk fund established in division (E) of this section, to make any
payments for utilization of state hospitals that are required
under division (E)(3) of this section, to use the funds
distributed to it within the limitations set forth in division
(B)(2) of this section, and to provide the department with a
statement of projected utilization of state hospitals and other
state-operated services by residents of its service district
during the fiscal year.
The department shall retain and expend the funds projected to
be utilized for state hospitals and other state-operated services
section. Funds distributed to each board shall be used to
supplement and not to supplant other state, local, or federal
funds that are being used to support community-based programs for
severely mentally disabled children, adolescents, and adults,
unless the funds have been specifically designated for the
initiation of programs in accordance with the community mental
health plan developed and submitted under section 340.03 and
approved under section 5119.61 of the Revised Code.
Notwithstanding section 131.33 of the Revised Code, any board may
expend unexpended funds distributed to the board from
appropriations for the purpose of local management of mental
health services in the fiscal year following the fiscal year in
for which the appropriations are made, in accordance with the
approved community mental health plan.
(b) The (2) Subject to division (D) of this section, the
board elects not to accept the amount allocated to it under
division (B)(1) of this section, authorizes the department to
determine the use of its allocation, and agrees to provide the
department with a statement of projected utilization of state
hospitals and other state-operated services by residents of its
service district during the fiscal year.
(4) Beginning with the notification required to be made by
May 1, 1995, under division (B)(3) of this section, no (D) No
board of alcohol, drug addiction, and mental health services shall
elect the option in division (B)(3)(b)(C)(2) of this section
unless one all of the following applies apply:
(a) The (1) Either the total general revenue funds estimated
by the department to be allocated to the board under this section
for the next fiscal year
is are reduced by a substantial amount,
as defined in guidelines adopted by the director of mental health
under division (B)(4)(E) of this section, in comparison to the
amount allocated for the current fiscal year, for reasons not
related to performance;
(b) The amount of estimated general revenue funds to be
allocated to the board is not reduced by a substantial amount but
or the board has experienced other circumstances specified in the
guidelines adopted by the director under division (B)(4) of this
section.
The director shall consult with boards of alcohol, drug
addiction, and mental health services and other relevant
constituencies to develop guidelines for determining what
constitutes a substantial reduction of general revenue funds for
the purpose of electing the option under division (B)(3)(b) of
this section, and what other circumstances qualify a board to
elect that option.
Beginning with the notification required to be made by May 1,
1995, under division (B)(3) of this section, no board shall notify
the director that it elects the option under division (B)(3)(b) of
this section unless it has conducted (2) The board provides the
department written confirmation that the board has received input
about the impact that the board's election will have on the mental
health system in the board's district from all of the following:
(a) Individuals who receive mental health services and such
individuals' families;
(b) Boards of county commissioners;
(c) Judges of juvenile and probate courts;
(d) County sheriffs, jail administrators, and other local law
enforcement officials.
(3) Not later than seven days before notifying the department
of its election and after providing the department the written
confirmation required by division (D)(2) of this section, the
board conducts a public hearing on the issue no later than seven
days before making the notification.
(C) Boards of alcohol, drug addiction, and mental health
services and community mental health agencies (E) For the purpose
of division (D)(1) of this section, the director of mental health
shall consult with the boards and other relevant constituencies to
develop guidelines for determining what constitutes a substantial
reduction of funds and what other circumstances qualify a board to
elect the option in division (C)(2) of this section.
(F) No board shall not use state funds for the purpose of
influencing employees with respect to unionization. As used in
this division, "influencing" means discouraging employees from
seeking collective bargaining representation or encouraging
employees to decertify a recognized collective bargaining agent.
(D) The director shall develop, and review at least annually,
a methodology, including the formula developed under division
(B)(1) of this section, for distributing and allocating funds to
boards. The methodology shall be consistent with state and federal
law and regulations. A portion of the funds shall be distributed
based on the ratio of the population of the district served by the
board to the total population of the state as determined from the
federal census or the most recent estimates produced by the United
States census bureau's federal state cooperative program for
population program-series P-26 or the population estimates and
projections program-series P-25, whichever is most recent.
(E)(1) There is hereby created in the state treasury the
department of mental health risk fund, which shall receive
payments from boards that have elected the option provided in
division (B)(3)(a) of this section. All investment earnings of the
fund shall be credited to the fund. Moneys in the fund shall be
used for the following purposes:
(a) To assist boards that elect the option provided in
division (B)(3)(a) of this section and that serve service
districts in which the costs of utilization of state hospitals by
residents in a fiscal year exceed the amount allocated to the
district under the formula developed under division (B)(1) of this
section. The department shall define such costs by unit and
establish them annually after consultation with representatives of
such boards.
(b) To make payments to boards that elect the option provided
in division (B)(3)(a) of this section and that experience
conditions of financial hardship, as determined by the director.
The director of mental health, in consultation with
representatives of the boards, shall develop guidelines for the
use of moneys in the risk fund.
(2) On or before the first day of April of each year, the
department shall specify the percentage of the amount of money
allocated under division (B)(1) of this section for distribution
to boards subject to division (E) of this section that each such
board is to transmit to the director of mental health for deposit
in the risk fund for the following fiscal year. On or before the
first day of August of each year, each such board shall transmit
to the director for deposit to the credit of the risk fund the
amount obtained by multiplying that percentage by the amount
allocated for distribution to such boards.
(3) Whenever the costs of utilization of state hospitals by
residents in a district served by a board subject to division (E)
of this section exceed the amount allocated to the district under
the formula, responsibility for payment of the excess costs shall
be borne by the board of that district and the risk fund as
follows:
(a) The board and the risk fund each are responsible for
payment of one-half of any costs that exceed one hundred per cent
of the amount allocated under the formula but do not exceed one
hundred five per cent of that amount.
(b) The board is responsible for payment of one-fourth, and
the risk fund responsible for three-fourths, of any costs that
exceed one hundred five per cent of the amount allocated under the
formula but do not exceed one hundred ten per cent of that amount.
(c) The risk fund is responsible for payment of any costs
that exceed one hundred ten per cent of the amount allocated under
the formula but do not exceed one hundred fifteen per cent of that
amount.
(d) The board is responsible for payment of all costs that
exceed one hundred fifteen per cent of the amount allocated under
the formula.
(F)(G) The department shall charge against the allocation
made to a board under division (B)(1) of this section, if any, any
unreimbursed costs for services provided by the department. This
requirement is not affected by any election a board makes under
division (B)(3) of this section.
(H) A board's use of funds allocated under this section is
subject to audit by county, state, and federal authorities.
Sec. 5119.621. (A) As used in this section, "administrative
function" means a function related to one or more of the
following:
(1) Continuous quality improvement;
(3) Resource development;
(4) Fiscal administration;
(5) General administration;
(6) Any other function related to administration that is
required by Chapter 340. of the Revised Code.
(B) Each board of alcohol, drug addiction, and mental health
services shall submit an annual report to the department of mental
health specifying how the board used state and federal funds
allocated to the board, according to the formula the director of
mental health establishes under section 5119.62 of the Revised
Code, for administrative functions in the year preceding the
report's submission. The director of mental health shall establish
the date by which the report must be submitted each year.
Sec. 5119.622. The director of mental health, in whole or in
part, may withhold funds otherwise to be allocated to a board of
alcohol, drug addiction, and mental health services under section
5119.62 of the Revised Code if the board fails to comply with
Chapter 340. or section 5119.61, 5119.611, 5119.612, or 5119.621
of the Revised Code or rules of the department of mental health
regarding a community mental health service. The director shall
identify the areas of noncompliance and the action necessary to
achieve compliance. The director shall offer technical assistance
to the board to achieve compliance. The director shall give the
board a reasonable time within which to comply or to present its
position that it is in compliance. Before withholding funds, a
hearing shall be conducted to determine if there are continuing
violations and that either assistance is rejected or the board is
unable to achieve compliance. Subsequent to the hearing process,
if it is determined that compliance has not been achieved, the
director may allocate all or part of the withheld funds to a
public or private agency to provide the community mental health
service for which the board is not in compliance until the time
that there is compliance. The director shall adopt rules in
accordance with Chapter 119. of the Revised Code to implement this
section.
Sec. 5119.623. The director of mental health may withhold
funds otherwise to be allocated to a board of alcohol, drug
addiction, and mental health services under section 5119.62 of the
Revised Code if the board denies available service on the basis of
religion, race, color, creed, sex, national origin, age,
disability as defined in section 4112.01 of the Revised Code, or
developmental disability.
Sec. 173.35 5119.69. (A) As used in this section, "PASSPORT
administrative agency" means an entity under contract with the
department of aging to provide administrative services regarding
the PASSPORT program created under section 173.40 of the Revised
Code.
(B) The department of aging mental health shall administer
implement the residential state supplement program under which the
state supplements the supplemental security income payments
received by aged, blind, or disabled adults under Title XVI of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as
amended. Residential state supplement payments shall be used for
the provision of accommodations, supervision, and personal care
services to supplemental security income recipients who the
department determines are at risk of needing institutional care.
(B) In implementing the program, the department shall
designate one or more entities to be responsible for providing
administrative services regarding the program. The department may
designate an entity to be a residential state supplement
administrative agency under this division either by entering into
a contract with the entity to serve in that capacity or by
otherwise delegating to the entity the responsibility to serve in
that capacity.
(C) For an individual to be eligible for residential state
supplement payments, all of the following must be the case:
(1) Except as provided by division (G) of this section, the
individual must reside in one of the following:
(a) An adult foster home certified under section 173.36
5119.692 of the Revised Code;
(b) A home or facility, other than a nursing home or nursing
home unit of a home for the aging, licensed by the department of
health under Chapter 3721. or 3722. of the Revised Code and
certified in accordance with standards established by the director
of aging under division (D)(2) of this section or the department
of mental health under sections 5119.70 to 5119.88 of the Revised
Code;
(c) A residential facility as defined in division
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by
the department of mental health and certified in accordance with
standards established by the director of aging under division
(D)(2) of this section;
(d) An apartment or room used to provide community mental
health housing services certified by the department of mental
health under section 5119.611 of the Revised Code and approved by
a board of alcohol, drug addiction, and mental health services
under division (A)(14) of section 340.03 of the Revised Code and
certified in accordance with standards established by the director
of aging under division (D)(2) of this section.
(2) Effective July 1, 2000, a PASSPORT A residential state
supplement administrative agency must have determined that the
environment in which the individual will be living while receiving
the payments is appropriate for the individual's needs. If the
individual is eligible for supplemental security income payments
or social security disability insurance benefits because of a
mental disability, the
PASSPORT residential state supplement
administrative agency shall refer the individual to a community
mental health agency for the community mental health agency to
issue in accordance with section 340.091 of the Revised Code a
recommendation on whether the PASSPORT residential state
supplement administrative agency should determine that the
environment in which the individual will be living while receiving
the payments is appropriate for the individual's needs. Division
(C)(2) of this section does not apply to an individual receiving
residential state supplement payments on June 30, 2000, until the
individual's first eligibility redetermination after that date.
(3) The individual satisfies all eligibility requirements
established by rules adopted under division (D) of this section.
(D)(1) The directors of aging mental health and job and
family services shall adopt rules in accordance with section
111.15 of the Revised Code as necessary to implement the
residential state supplement program.
To the extent permitted by Title XVI of the "Social Security
Act," and any other provision of federal law, the director of job
and family services shall may adopt rules establishing standards
for adjusting the eligibility requirements concerning the level of
impairment a person must have so that the amount appropriated for
the program by the general assembly is adequate for the number of
eligible individuals. The rules shall not limit the eligibility of
disabled persons solely on a basis classifying disabilities as
physical or mental. The director of job and family services also
shall may adopt rules that establish eligibility standards for
aged, blind, or disabled individuals who reside in one of the
homes or facilities specified in division (C)(1) of this section
but who, because of their income, do not receive supplemental
security income payments. The rules may provide that these
individuals may include individuals who receive other types of
benefits, including, social security disability insurance benefits
provided under Title II of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 401, as amended. Notwithstanding division
(B)(A) of this section, such payments may be made if funds are
available for them.
The director of aging shall mental health may adopt rules
establishing the method to be used to determine the amount an
eligible individual will receive under the program. The amount the
general assembly appropriates for the program shall may be a
factor included in the method that department director
establishes.
(2) The director of aging shall adopt rules in accordance
with Chapter 119. of the Revised Code establishing standards for
certification of living facilities described in division (C)(1) of
this section.
The directors of aging and mental health shall enter into an
agreement to certify facilities that apply for certification and
meet the standards established by the director of aging under this
division.
(E) The county department of job and family services of the
county in which an applicant for the residential state supplement
program resides shall determine whether the applicant meets income
and resource requirements for the program.
(F) The department of aging mental health shall maintain a
waiting list of any individuals eligible for payments under this
section but not receiving them because moneys appropriated to the
department for the purposes of this section are insufficient to
make payments to all eligible individuals. An individual may apply
to be placed on the waiting list even though the individual does
not reside in one of the homes or facilities specified in division
(C)(1) of this section at the time of application. The director of
aging mental health, by rules adopted in accordance with Chapter
119. of the Revised Code,
shall may specify procedures and
requirements for placing an individual on the waiting list and
priorities for the order in which individuals placed on the
waiting list are to begin to receive residential state supplement
payments. The rules specifying priorities may give priority to
individuals placed on the waiting list on or after July 1, 2006,
who receive supplemental security income benefits under Title XVI
of the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.
1381, as amended. The rules shall not affect the place on the
waiting list of any person who was on the list on July 1, 2006.
The rules specifying priorities may also set additional priorities
based on living arrangement, such as whether an individual resides
in a facility listed in division (C)(1) of this section or has
been admitted to a nursing facility.
(G) An individual in a licensed or certified living
arrangement receiving state supplementation on November 15, 1990,
under former section 5101.531 of the Revised Code shall not become
ineligible for payments under this section solely by reason of the
individual's living arrangement as long as the individual remains
in the living arrangement in which the individual resided on
November 15, 1990.
(H) The department of aging mental health shall notify each
person denied approval for payments under this section of the
person's right to a hearing. On request, the hearing shall be
provided by the department of job and family services in
accordance with section 5101.35 Chapter 119. of the Revised Code.
Sec. 173.351 5119.691. (A) As used in this section:
"Area agency on aging" has the same meaning as in section
173.14 of the Revised Code.
"Long-term care consultation program" means the program the
department of aging is required to develop under section 173.42 of
the Revised Code.
"Long-term care consultation program administrator" or
"administrator" means the department of aging or, if the
department contracts with an area agency on aging or other entity
to administer the long-term care consultation program for a
particular area, that agency or entity.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
"Residential state supplement administrative agency" means an
entity designated as such by the department of mental health under
section 5119.69 of the Revised Code.
"Residential state supplement program" means the program
administered pursuant to section 173.35 5119.69 of the Revised
Code.
(B) Each month, each area agency on aging On a periodic
schedule determined by the department of mental health, each
residential state supplement administrative agency shall determine
whether individuals who reside in the area that the area agency on
aging serves and are on a waiting list for the residential state
supplement program have been admitted to a nursing facility. If an
area a residential state supplement administrative agency on aging
determines that such an individual has been admitted to a nursing
facility, the agency shall notify the long-term care consultation
program administrator serving the area in which the individual
resides about the determination. The administrator shall determine
whether the residential state supplement program is appropriate
for the individual and whether the individual would rather
participate in the program than continue residing in the nursing
facility. If the administrator determines that the residential
state supplement program is appropriate for the individual and the
individual would rather participate in the program than continue
residing in the nursing facility, the administrator shall so
notify the department of
aging mental health. On receipt of the
notice from the administrator, the department of aging mental
health shall approve the individual's enrollment in the
residential state supplement program in accordance with the
priorities specified in rules adopted under division (F) of
section 173.35 5119.69 of the Revised Code. Each quarter, the
department of aging mental health shall certify to the director of
budget and management the estimated increase in costs of the
residential state supplement program resulting from enrollment of
individuals in the program pursuant to this section.
(C) Not later than the last day of each calendar year, the
director of aging shall submit to the general assembly a report
regarding the number of individuals enrolled in the residential
state supplement program pursuant to this section and the costs
incurred and savings achieved as a result of the enrollments.
Sec. 173.36 5119.692. As used in this section, "adult foster
home" means a residence, other than a residence certified or
residential facility licensed by the department of mental health
under section 5119.22 of the Revised Code, in which accommodations
and personal care services, as defined in section 3722.01 5119.70
of the Revised Code, are provided to one or two adults who are
unrelated to the owners of the residence.
The department of aging mental health shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing
standards for the certification of adult foster homes. The
department or its designee shall certify adult foster homes that
apply for certification and meet the standards established by the
department.
Sec. 3722.01 5119.70. (A) As used in this chapter sections
5119.70 to 5119.88:
(1) "Owner" means the person who owns the business of and who
ultimately controls the operation of an adult care facility and to
whom the manager, if different from the owner, is responsible.
(2) "Manager" means the person responsible for the daily
operation of an adult care facility. The manager and the owner of
a facility may be the same person.
(3) "Adult" means an individual eighteen years of age or
older.
(4) "Unrelated" means that an adult resident is not related
to the owner or manager of an adult care facility or to the
owner's or manager's spouse as a parent, grandparent, child,
stepchild, grandchild, brother, sister, niece, nephew, aunt, or
uncle, or as the child of an aunt or uncle.
(5) "Skilled nursing care" means skilled nursing care as
defined in section 3721.01 of the Revised Code.
(6)(a) "Personal care services" means services including, but
not limited to, the following:
(i) Assistance with activities of daily living;
(ii) Assistance with self-administration of medication, in
accordance with rules adopted by the public health council
pursuant to this chapter under section 5119.79 of the Revised
Code;
(iii) Preparation of special diets, other than complex
therapeutic diets, for residents pursuant to the instructions of a
physician or a licensed dietitian, in accordance with rules
adopted by the public health council pursuant to this chapter
under section 5119.79 of the Revised Code.
(b) "Personal care services" does not include "skilled
nursing care" as defined in section 3721.01 of the Revised Code. A
facility need not provide more than one of the services listed in
division (A)(6)(a) of this section for the facility to be
considered to be providing personal care services.
(7) "Adult family home" means a residence or facility that
provides accommodations and supervision to three to five unrelated
adults, at least three of whom require personal care services.
(8) "Adult group home" means a residence or facility that
provides accommodations and supervision to six to sixteen
unrelated adults, at least three of whom require personal care
services.
(9) "Adult care facility" means an adult family home or an
adult group home. For the purposes of this chapter sections
5119.70 to 5119.88 of the Revised Code, any residence, facility,
institution, hotel, congregate housing project, or similar
facility that provides accommodations and supervision to three to
sixteen unrelated adults, at least three of whom require personal
care services, is an adult care facility regardless of how the
facility holds itself out to the public. "Adult care facility"
does not include:
(a) A facility operated by a hospice care program licensed
under section 3712.04 of the Revised Code that is used exclusively
for care of hospice patients;
(b) A nursing home, residential care facility, or home for
the aging as defined in section 3721.01 of the Revised Code;
(c) An alcohol and drug addiction program as defined in
section 3793.01 of the Revised Code;
(d) A residential facility for the mentally ill licensed by
the department of mental health under section 5119.22 of the
Revised Code;
(e) A facility licensed to provide methadone treatment under
section 3793.11 of the Revised Code;
(f) A residential facility licensed under section 5123.19 of
the Revised Code or otherwise regulated by the department of
developmental disabilities;
(g) Any residence, institution, hotel, congregate housing
project, or similar facility that provides personal care services
to fewer than three residents or that provides, for any number of
residents, only housing, housekeeping, laundry, meal preparation,
social or recreational activities, maintenance, security,
transportation, and similar services that are not personal care
services or skilled nursing care;
(h) Any facility that receives funding for operating costs
from the department of development under any program established
to provide emergency shelter housing or transitional housing for
the homeless;
(i) A terminal care facility for the homeless that has
entered into an agreement with a hospice care program under
section 3712.07 of the Revised Code;
(j) A facility approved by the veterans administration under
section 104(a) of the "Veterans Health Care Amendments of 1983,"
97 Stat. 993, 38 U.S.C.A. 630, as amended, and used exclusively
for the placement and care of veterans.
(10) "Residents' rights advocate" means:
(a) An employee or representative of any state or local
government entity that has a responsibility for residents of adult
care facilities and has registered with the department of health
under section 3701.07 of the Revised Code;
(b) An employee or representative, other than a manager or
employee of an adult care facility or nursing home, of any private
nonprofit corporation or association that qualifies for tax-exempt
status under section 501(a) of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has
registered with the department of health under section 3701.07 of
the Revised Code, and whose purposes include educating and
counseling residents, assisting residents in resolving problems
and complaints concerning their care and treatment, and assisting
them in securing adequate services.
(11) "Sponsor" means an adult relative, friend, or guardian
of a resident of an adult care facility who has an interest in or
responsibility for the resident's welfare.
(12)(11) "Ombudsperson" means a "representative of the office
of the state long-term care ombudsperson program" as defined in
section 173.14 of the Revised Code.
(13)(12) "Mental health agency" means a community mental
health agency, as defined in section 5119.22 340.01 of the Revised
Code, under contract with an ADAMHS board pursuant to division
(A)(8)(a) of section 340.03 of the Revised Code.
(14)(13) "ADAMHS board" means a board of alcohol, drug
addiction, and mental health services;
(15)(14) "Mental health resident program participation
agreement" means a written agreement between an adult care
facility and the ADAMHS board serving the alcohol, drug addiction,
and mental health service district in which the facility is
located, under which the facility is authorized to admit residents
who are receiving or are eligible for publicly funded mental
health services.
(16)(15) "PASSPORT RSS administrative agency" means an entity
under contract with the department of aging to provide that
provides administrative services regarding the PASSPORT
residential state supplement program created under section 173.40
of the Revised Code on behalf of the department of mental health,
either by having entered into a contract with the department to
serve in that capacity or by having the department otherwise
delegate to it the responsibility to serve in that capacity.
(B) For purposes of this chapter sections 5119.70 to 5119.88
of the Revised Code, personal care services or skilled nursing
care shall be considered to be provided by a facility if they are
provided by a person employed by or associated with the facility
or by another person pursuant to an agreement to which neither the
resident who receives the services nor the resident's sponsor is a
party.
(C) Nothing in division (A)(6) of this section shall be
construed to permit personal care services to be imposed upon a
resident who is capable of performing the activity in question
without assistance.
Sec. 3722.011 5119.701. (A) All medication taken by residents
of an adult care facility shall be self-administered, except that
medication may be administered to a resident as part of the
skilled nursing care provided in accordance with division (B) of
section 3722.16 5119.86 of the Revised Code. No person shall be
admitted to or retained by an adult care facility unless the
person is capable of self-administering the person's medication,
as determined in writing by a physician, except that a person may
be admitted to or retained by such a facility if the person's
medication is administered as part of the skilled nursing care
provided in accordance with division (B) of section
3722.16
5119.86 of the Revised Code.
(B) Members of the staff of an adult care facility shall not
administer medication to residents but may do any of the
following:
Remind a resident when to take medication and watch to ensure
that the resident follows the directions on the container;
Assist a resident in the self-administration of medication by
taking the medication from the locked area where it is stored, in
accordance with rules adopted by the public health council
pursuant to this chapter under section 5119.79 of the Revised
Code, and handing it to the resident. If the resident is
physically unable to open the container, a staff member may open
the container for the resident.
Assist a physically impaired but mentally alert resident,
such as a resident with arthritis, cerebral palsy, or Parkinson's
disease, in removing oral or topical medication from containers
and in consuming or applying the medication, upon request by or
with the consent of the resident. If a resident is physically
unable to place a dose of medicine to the resident's mouth without
spilling it, a staff member may place the dose in a container and
place the container to the mouth of the resident.
Sec. 3722.02 5119.71. A person seeking a license to operate
an adult care facility shall submit to the director of mental
health an application on a form prescribed by the director and the
following:
(A) In the case of an adult group home seeking licensure as
an adult care facility, evidence that the home has been inspected
and approved by a local certified building department or by the
division of labor in the department of commerce as meeting the
applicable requirements of sections 3781.06 to 3781.18 and 3791.04
of the Revised Code and any rules adopted under those sections and
evidence that the home has been inspected by the state fire
marshal or fire prevention officer of a municipal, township, or
other legally constituted fire department approved by the state
fire marshal and found to be in compliance with rules adopted
under section 3737.83 of the Revised Code regarding fire
prevention and safety in adult group homes;
(B) Valid approvals of the facility's water and sewage
systems issued by the responsible governmental entity, if
applicable;
(C) A statement of ownership containing the following
information:
(1) If the owner is an individual, the owner's name, address,
telephone number, business address, business telephone number, and
occupation. If the owner is an association, corporation, or
partnership, the business activity, address, and telephone number
of the entity and the name of every person who has an ownership
interest of five per cent or more in the entity.
(2) If the owner does not own the building or if the owner
owns only part of the building in which the facility is housed,
the name of each person who has an ownership interest of five per
cent or more in the building;
(3) The address of any adult care facility and any facility
described in divisions (A)(9)(a) to (j) of section
3722.01 5119.70
of the Revised Code in which the owner has an ownership interest
of five per cent or more;
(4) The identity of the manager of the adult care facility,
if different from the owner;
(5) The name and address of any adult care facility and any
facility described in divisions (A)(9)(a) to (j) of section
3722.01 5119.70 of the Revised Code with which either the owner or
manager has been affiliated through ownership or employment in the
five years prior to the date of the application;
(6) The names and addresses of three persons not employed by
or associated in business with the owner who will provide
information about the character, reputation, and competence of the
owner and the manager and the financial responsibility of the
owner;
(7) Information about any arrest of the owner or manager for,
or adjudication or conviction of, a criminal offense related to
the provision of care in an adult care facility or any facility
described in divisions (A)(9)(a) to (j) of section
3722.01 5119.70
of the Revised Code or the ability to operate a facility;
(8) Any other information the director may require regarding
the owner's ability to operate the facility.
(D) If the facility is an adult group home, a balance sheet
showing the assets and liabilities of the owner and a statement
projecting revenues and expenses for the first twelve months of
the facility's operation;
(E) A statement containing the following information
regarding admissions to the facility:
(1) The intended bed capacity of the facility;
(2) If the facility will admit persons referred by or
receiving services from an ADAMHS board or a mental health agency,
the total number of beds anticipated to be occupied as a result of
those admissions.
(F) A nonrefundable license application fee in an amount
established in rules adopted by the public health council pursuant
to this chapter under section 5119.79 of the Revised Code.
Sec. 3722.021 5119.711. In determining the number of
residents in a facility for the purpose of licensure under this
chapter as an adult care facility, the director of mental health
shall consider all the individuals for whom the facility provides
accommodations as one group unless either of the following is the
case:
(A) In addition to being an adult care facility, the facility
is a nursing home licensed under Chapter 3721. of the Revised
Code, a residential facility licensed under that chapter, or both.
In that case, all the individuals in the part or unit licensed as
a nursing home, residential care facility, or both, shall be
considered as one group and all the individuals in the part or
unit licensed as an adult care facility shall be considered as
another group.
(B) The facility maintains, in addition to an adult care
facility, a separate and discrete part or unit that provides
accommodations to individuals who do not receive supervision or
personal care services from the adult care facility, in which case
the individuals in the separate and discrete part or unit shall
not be considered in determining the number of residents in the
adult care facility if the separate and discrete part or unit is
in compliance with the Ohio basic building code established by the
board of building standards under Chapters 3781. and 3791. of the
Revised Code and the adult care facility, to the extent of its
authority, permits the director, on request, to inspect the
separate and discrete part or unit and speak with the individuals
residing there, if they consent, to determine whether the separate
and discrete part or unit meets the requirements of this division.
Sec. 3722.022 5119.712. A person may not apply for a license
to operate an adult care facility if the person is or has been the
owner or manager of an adult care facility for which a license to
operate was revoked or for which renewal of a license was refused
for any reason other than nonpayment of the license renewal fee,
unless both of the following conditions are met:
(A) A period of not less than two years has elapsed since the
date the director of mental health issued the order revoking or
refusing to renew the facility's license.
(B) The director's revocation or refusal to renew the license
was not based on an act or omission at the facility that violated
a resident's right to be free from abuse, neglect, or
exploitation.
Sec. 3722.03 5119.72. (A) Any person may operate an adult
family home licensed as an adult care facility as a permitted use
in any residential district or zone, including any single-family
residential district or zone of any political subdivision. Such
adult family homes may be required to comply with area, height,
yard, and architectural compatibility requirements that are
uniformly imposed upon all single-family residences within the
district or zone.
(B) Any person may operate an adult group home licensed as an
adult care facility as a permitted use in any multiple-family
residential district or zone of any political subdivision, except
that a political subdivision that has enacted a zoning ordinance
or resolution establishing planned-unit development districts as
defined in section 519.021 of the Revised Code may exclude adult
group homes from such districts, and a political subdivision that
has enacted a zoning ordinance or resolution may regulate adult
group homes in multiple-family residential districts or zones as a
conditionally permitted use or special exception, in either case,
under reasonable and specific standards and conditions set out in
the zoning ordinance or resolution to:
(1) Require the architectural design and site layout of the
home and the location, nature, and height of any walls, screens,
and fences to be compatible with adjoining land uses and the
residential character of the neighborhood;
(2) Require compliance with yard, parking, and sign
regulation.
(C) This section does not affect any right of a political
subdivision to permit a person to operate an adult group home
licensed under this chapter in a single-family residential
district or zone under conditions established by the political
subdivision.
(D)(1) Notwithstanding divisions (A) and (B) of this section
and except as otherwise provided in division (D)(2) of this
section, a political subdivision that has enacted a zoning
ordinance or resolution may limit the excessive concentration of
adult family homes and adult group homes required to be licensed
as adult care facilities.
(2) Nothing in division (D)(1) of this section authorizes a
political subdivision to prevent or limit the continued existence
and operation of adult family homes and adult group homes existing
and operating on the effective date of this section and required
to be licensed as adult care facilities. A political subdivision
may consider the existence of such homes for the purpose of
limiting the excessive concentration of adult family homes or
adult group homes required to be licensed as adult care facilities
that are not existing and operating on the effective date of this
section.
Sec. 3722.04 5119.73. (A) The director of mental health
shall inspect, license, and regulate adult care facilities. Except
as otherwise provided in division (D) of this section, the
director shall issue a license to an adult care facility that
meets the requirements of section 3722.02 5119.71 of the Revised
Code and that the director determines to be in substantial
compliance with the rules adopted
by the public health council
pursuant to this chapter sections 5119.70 to 5119.88 of the
Revised Code. The director shall consider the past record of the
owner and manager and any individuals who are principal
participants in an entity that is the owner or manager in
operating facilities providing care to adults. The director may,
in accordance with Chapter 119. of the Revised Code, deny a
license if the past record indicates that the owner or manager is
not suitable to own or manage an adult care facility.
The license shall contain the name and address of the
facility for which it was issued, the date of expiration of the
license, and the maximum number of residents that may be
accommodated by the facility. A license for an adult care facility
shall be valid for a period of two years after the date of
issuance. No single facility may be licensed to operate as more
than one adult care facility.
(B) The director shall renew a license for a two-year period
if the facility continues to be in compliance with the
requirements of this chapter and in substantial compliance with
the rules adopted under this chapter pursuant to sections 5119.70
to 5119.88 of the Revised Code. The owner shall submit a
nonrefundable license renewal application fee in an amount
established in rules adopted by the public health council pursuant
to this chapter under section 5119.79 of the Revised Code. Before
the license of an adult group home is renewed, if any alterations
have been made to the buildings, a certificate of occupancy for
the facility shall have been issued by the division of labor in
the department of commerce or a local certified building
department. The facility shall have water and sewage system
approvals, if required by law, and, in the case of an adult group
home, documentation of continued compliance with the rules adopted
by the state fire marshal under division (F) of section 3737.83 of
the Revised Code.
(C)(1) During each licensure period, the director shall make
at least one unannounced inspection of an adult care facility in
addition to inspecting the facility to determine whether a license
should be issued or renewed, and may make additional unannounced
inspections as the director considers necessary. Other inspections
may be made at any time that the director considers appropriate.
Inspections may be conducted as desk audits or on-site
inspections.
The director shall take all reasonable actions to avoid
giving notice of an inspection by the manner in which the
inspection is scheduled or performed.
If an inspection is conducted to investigate an alleged
violation of the requirements of this chapter sections 5119.70 to
5119.88 of the Revised Code in a facility with residents referred
by or receiving services from a mental health agency or ADAMHS
board or a facility with residents receiving assistance under the
residential state supplement program administered by the
department of aging mental health pursuant to section 173.35
5119.69 of the Revised Code, the director shall may coordinate the
inspection with the appropriate mental health agency, ADAMHS
board, or
PASSPORT residential state supplement administrative
agency designated under section 5119.69 of the Revised Code. As
the director considers appropriate, the The director shall may
conduct the inspection jointly with the mental health agency,
ADAMHS board, or PASSPORT
residential state supplement
administrative agency.
Not later than sixty days after the date of an inspection of
a facility, the director shall send a report of the inspection to
the regional long-term care ombudsperson
in whose region
representing the program in the area in which the facility is
located.
(2) The state fire marshal or fire prevention officer of a
municipal, township, or other legally constituted fire department
approved by the state fire marshal shall inspect an adult group
home seeking a license or renewal
under this chapter as an adult
care facility prior to issuance of a license or renewal, at least
once annually thereafter, and at any other time at the request of
the director, to determine compliance with the rules adopted under
division (F) of section 3737.83 of the Revised Code.
(D) The director may waive any of the licensing requirements
established by rule adopted by the public health council pursuant
to this chapter sections 5119.70 to 5119.88 of the Revised Code
upon written request of the facility. The director may grant a
waiver if the director determines that the strict application of
the licensing requirement would cause undue hardship to the
facility and that granting the waiver would not jeopardize the
health or safety of any resident. The director may provide a
facility with an informal hearing concerning the denial of a
waiver request, but the facility shall not be entitled to a
hearing under Chapter 119. of the Revised Code unless the director
takes an action that requires a hearing to be held under section
3722.05 5119.74 of the Revised Code.
(E)(1) Not later than thirty days after each of the
following, the owner of an adult care facility shall submit an
inspection fee of twenty dollars for each bed for which the
facility is licensed:
(a) Issuance or renewal of a license;
(b) The unannounced inspection required by division (C)(1) of
this section that is in addition to the inspection conducted to
determine whether a license should be issued or renewed;
(c) If, during an inspection conducted in addition to the two
inspections required by division (C)(1) of this section, the
facility was found to be in violation of this chapter sections
5119.70 to 5119.88 of the Revised Code or the rules adopted under
it those sections, receipt by the facility of the report of that
investigation.
(2) The director may revoke the license of any adult care
facility that fails to submit the fee within the thirty-day
period.
(3) All inspection fees received by the director, all civil
penalties assessed under section 3722.08 5119.77 of the Revised
Code, all fines imposed under section 3722.99 5119.99 of the
Revised Code, and all license application and renewal application
fees received under division (F) of section 3722.02 5119.71 of the
Revised Code or under division (B) of this section shall be
deposited into the general operations fund created in section
3701.83 of the Revised Code and shall be used only to pay the
costs of administering and enforcing the requirements of this
chapter sections 5119.70 to 5119.88 of the Revised Code and rules
adopted under it those sections.
(F)(1) An owner shall inform the director in writing of any
changes in the information contained in the statement of ownership
made pursuant to division (C) of section 3722.02 5119.71 of the
Revised Code or in the identity of the manager, not later than ten
days after the change occurs.
(2) An owner who sells or transfers an adult care facility
shall be responsible and liable for the following:
(a) Any civil penalties imposed against the facility under
section 3722.08 5119.77 of the Revised Code for violations that
occur before the date of transfer of ownership or during any
period in which the seller or the seller's agent operates the
facility;
(b) Any outstanding liability to the state, unless the buyer
or transferee has agreed, as a condition of the sale or transfer,
to accept the outstanding liabilities and to guarantee their
payment, except that if the buyer or transferee fails to meet
these obligations the seller or transferor shall remain
responsible for the outstanding liability.
(G) The director shall annually publish a list of licensed
adult care facilities, facilities for which licenses have been
revoked, facilities for which license renewal has been refused,
any facilities under an order suspending admissions pursuant to
section 3722.07 5119.76 of the Revised Code, and any facilities
that have been assessed a civil penalty pursuant to section
3722.08 5119.77 of the Revised Code. The director shall furnish
information concerning the status of licensure of any facility to
any person upon request. The director shall annually send a copy
of the list to the department of job and family services, to the
department of mental health, and to the department of aging.
Sec. 3722.041 5119.731. (A) Sections 3781.06 to 3781.18 and
3791.04 of the Revised Code do not apply to an adult family home
for which application is made to the director of mental health for
licensure as an adult care facility under this chapter. Adult
family homes shall not be required to submit evidence to the
director of health that the home has been inspected by a local
certified building department or the division of labor in the
department of commerce or by the state fire marshal or a fire
prevention officer under section 3722.02 5119.71 of the Revised
Code, but shall be inspected by the director of health to
determine compliance with this section. An inspection made under
this section may be made at the same time as an inspection made
under section 3722.04 5119.73 of the Revised Code.
(B) The director shall not license or renew the license of an
adult family home unless it meets the fire protection standards
established by rules adopted by the public health council pursuant
to this chapter under section 5119.79 of the Revised Code.
Sec. 3722.05 5119.74. If an adult care facility fails to
comply with any requirement of this chapter sections 5119.70 to
5119.88 of the Revised Code or with any rule adopted pursuant to
this chapter under those sections, the director of mental health
may do any one or all of the following:
(A) In accordance with Chapter 119. of the Revised Code,
deny, revoke, or refuse to renew the license of the facility;
(B) Give the facility an opportunity to correct the
violation, in accordance with section 3722.06 5119.75 of the
Revised Code;
(C) Issue an order suspending the admission of residents to
the facility, in accordance with section 3722.07 5119.76 of the
Revised Code;
(D) Impose a civil penalty in accordance with section
3722.08
5119.77 of the Revised Code;
(E) Petition the court of common pleas for injunctive relief
in accordance with section 3722.09 5119.78 of the Revised Code.
Sec. 3722.06 5119.75. Except as otherwise provided in
sections
3722.07 5119.76 to 3722.09 5119.78 of the Revised Code
and except in cases of violations that jeopardize the health and
safety of any of the residents, if the director of mental health
determines that a licensed adult care facility is in violation of
this chapter sections 5119.70 to 5119.88 of the Revised Code or of
rules adopted
pursuant to this chapter under those sections, the
director shall give the facility an opportunity to correct the
violation. The director shall notify the facility of the violation
and specify a reasonable time for making the corrections. Notice
of the violation shall be in writing and shall include a citation
to the statute or rule violated. The director shall state the
action that the director will take if the corrections are not made
within the specified period of time.
The facility shall submit to the director a plan of
correction stating the actions that will be taken to correct the
violation. The director shall conduct an inspection to determine
whether the facility has corrected the violation in accordance
with the plan of correction.
If the director determines that the facility has failed to
correct the violation in accordance with the plan of correction,
the director may impose a penalty under section 3722.08 5119.77 of
the Revised Code. If the director determines that the license of
the facility should be revoked or should not be renewed because
the facility has failed to correct the violation within the time
specified or because the violation jeopardizes the health or
safety of any of the residents, the director shall revoke or
refuse to renew the license in accordance with Chapter 119. of the
Revised Code.
Sec. 3722.07 5119.76. (A) If the director of mental health
determines that an adult care facility is in violation of this
chapter sections 5119.70 to 5119.88 of the Revised Code or of
rules adopted pursuant to it under those sections, the director
may immediately issue an order suspending the admission of
residents to the facility. This order shall be effective
immediately without prior hearing, and no resident shall be
admitted to the facility until termination of the order. The
director shall send a copy of the order to each organization known
by the director to have placed residents in the facility and upon
termination of the order shall send written notice of the
termination to each of these organizations. Upon inquiry by any
person about the licensure status of the facility, the director
shall disclose the existence of an order of suspension. If the
director discloses the existence of such an order to any person
pursuant to this division, he the director shall also notify that
person, and any other person upon inquiry, of any subsequent
termination of the order of suspension. The facility shall post
the notice provided for in division (B) of this section
prominently and shall inform any person who inquires about
residence or placement in the facility of the order.
(B) The director shall give written notice of the order of
suspension to the facility by certified mail, return receipt
requested, or shall provide for delivery of the notice in person.
If requested by the facility in a letter mailed or delivered not
later than two working days after it has received the notice, the
director shall hold a conference with representatives of the
facility concerning the suspension. The conference shall be held
not later than seven days after the director receives the request.
The notice sent by the director shall contain all of the
following:
(1) A description of the violation;
(2) A citation to the statute or rule violated;
(3) A description of the corrections required for termination
of the order of suspension;
(4) Procedures for the facility to follow to request a
conference on the order of suspension.
(C) At the conference the director shall discuss with the
representatives of the facility the violation cited in the notice
provided for in division (B) of this section and shall advise the
representatives in regard to correcting the violations. Not later
than five days after the conference, the director shall issue
another order either upholding or terminating the suspension. If
the director issues an order upholding the suspension, the
facility may request an adjudication hearing pursuant to Chapter
119. of the Revised Code, but the notice and hearing under that
chapter shall be provided after the order is issued, and the
suspension shall remain in effect during the hearing process
unless terminated by the director or until ninety days have
elapsed after a timely request for an adjudication hearing is
received by the director, whichever is sooner.
Sec. 3722.08 5119.77. (A) If the director of mental health
determines that an adult care facility is in violation of this
chapter sections 5119.70 to 5119.88 of the Revised Code or rules
adopted under it those sections, the director may impose a civil
penalty on the owner of the facility, pursuant to rules adopted by
the public health council under this chapter sections 5119.79 and
5119.80 of the Revised Code. The director shall determine the
classification and amount of the penalty by considering the
following factors:
(1) The gravity of the violation, the severity of the actual
or potential harm, and the extent to which the provisions of this
chapter or rules adopted under it were violated;
(2) Actions taken by the owner or manager to correct the
violation;
(3) The number, if any, of previous violations by the adult
care facility.
(B) The director shall give written notice of the order
imposing a civil penalty to the adult care facility by certified
mail, return receipt requested, or shall provide for delivery of
the notice in person. The notice shall specify the classification
of the violation as determined by rules adopted by the public
health council pursuant to this chapter under section 5119.80 of
the Revised Code, the amount of the penalty and the rate of
interest, the action that is required to be taken to correct the
violation, the time within which it is to be corrected as
specified in division (C) of this section, and the procedures for
the facility to follow to request a conference on the order
imposing a civil penalty. If the facility requests a conference in
a letter mailed or delivered not later than two working days after
it has received the notice, the director shall hold a conference
with representatives of the facility concerning the civil penalty.
The conference shall be held not later than seven days after the
director receives the request. The conference shall be conducted
as prescribed in division (C) of section
3722.07 5119.76 of the
Revised Code. If the director issues an order upholding the civil
penalty, the facility may request an adjudication hearing pursuant
to Chapter 119. of the Revised Code, but the order of the director
shall be in effect during proceedings instituted pursuant to that
chapter until a final adjudication is made.
(C) The director shall order that the condition or practice
constituting a class I violation be abated or eliminated within
twenty-four hours or any longer period that the director considers
reasonable. The notice for a class II or a class III violation
shall specify a time within which the violation is required to be
corrected.
(D) If the facility does not request a conference or if,
after a conference, it fails to take action to correct a violation
in the time prescribed by the director, the director shall issue
an order upholding the penalty, plus interest at the rate
specified in section 1343.03 of the Revised Code for each day
beyond the date set for payment of the penalty. The director may
waive the interest payment for the period prior to the conference
if the director concludes that the conference was necessitated by
a legitimate dispute.
(E) The director may cancel or reduce the penalty for a class
I violation if the facility corrects the violation within the time
specified in the notice, except that the director shall impose the
penalty even though the facility has corrected the violation if a
resident suffers physical harm because of the violation or the
facility has been cited previously for the same violation. The
director may cancel the penalty for a class II or class III
violation if the facility corrects the violation within the time
specified in the notice and the facility has not been cited
previously for the same violation. Each day of a violation of any
class, after the date the director sets for abatement or
elimination, constitutes a separate and additional violation.
(F) If an adult care facility fails to pay a penalty imposed
under this section, the director may commence a civil action to
collect the penalty. The license of an adult care facility that
has failed to pay a penalty imposed under this section shall not
be renewed until the penalty has been paid.
(G) If a penalty is imposed under this section, a fine shall
not be imposed under section 3722.99 5119.99 of the Revised Code
for the same violation.
Sec. 3722.09 5119.78. (A) If the director of mental health
determines that the operation of an adult care facility
jeopardizes the health or safety of any of the residents of the
facility or if the director determines that an adult care facility
is operating without a license, the director may petition the
court of common pleas in the county in which the facility is
located for appropriate injunctive relief against the facility. If
injunctive relief is granted against a facility for operating
without a license and the facility continues to operate without a
license, the director shall refer the case to the attorney general
for further action.
(B) The court petitioned under division (A) of this section
shall grant injunctive relief upon a showing that the operation of
the facility jeopardizes the health or safety of any of the
residents of the facility or that the facility is operating
without a license. When the court grants injunctive relief in the
case of a facility operating without a license, the court shall
issue, at a minimum, an order enjoining the facility from
admitting new residents to the facility and an order requiring the
facility to assist resident rights advocates with the safe and
orderly relocation of the facility's residents.
Sec. 3722.10 5119.79. (A) The public health council shall
have the exclusive authority to adopt, and the council department
of mental health shall adopt, rules governing the licensing and
operation of adult care facilities. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code and shall.
Subject to any provision of sections 5119.70 to 5119.88 of the
Revised Code for which rules are required to be adopted, the rules
may specify all any of the following:
(1) Procedures for the issuance, renewal, and revocation of
licenses, for the granting and denial of waivers, and for the
issuance and termination of orders of suspension of admission
pursuant to section 3722.07 5119.76 of the Revised Code;
(2) The qualifications required for owners, managers, and
employees of adult care facilities, including character, training,
education, experience, and financial resources and the number of
staff members required in a facility;
(3) Adequate space, equipment, safety, and sanitation
standards for the premises of adult care facilities, and fire
protection standards for adult family homes as required by section
3722.041 5119.731 of the Revised Code;
(4) The personal, social, dietary, and recreational services
to be provided to each resident of adult care facilities;
(5) Rights of residents of adult care facilities, in addition
to the rights enumerated under section 3722.12 5119.81 of the
Revised Code, and procedures to protect and enforce the rights of
these residents;
(6) Provisions for keeping records of residents and for
maintaining the confidentiality of the records as required by
division (B) of section 3722.12 5119.81 of the Revised Code. The
provisions for maintaining the confidentiality of records shall,
at the minimum, meet the requirements for maintaining the
confidentiality of records under Title XIX of the "Social Security
Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations
promulgated thereunder.
(7) Measures to be taken by adult care facilities relative to
residents' medication, including policies and procedures
concerning medication, storage of medication in a locked area, and
disposal of medication and assistance with self-administration of
medication, if the facility provides assistance;
(8) Requirements for initial and periodic health assessments
of prospective and current adult care facility residents by
physicians or other health professionals to ensure that they do
not require a level of care beyond that which is provided by the
adult care facility, including assessment of their capacity to
self-administer the medications prescribed for them;
(9) Requirements relating to preparation of special diets;
(10) The amount of the fees for new and renewal license
applications made pursuant to sections 3722.02 5119.71 and 3722.04
5119.73 of the Revised Code;
(11) Measures to be taken by any employee of the state or any
political subdivision of the state authorized by this chapter to
enter an adult care facility to inspect the facility or for any
other purpose, to ensure that the employee respects the privacy
and dignity of residents of the facility, cooperates with
residents of the facility and behaves in a congenial manner toward
them, and protects the rights of residents;
(12) How an owner or manager of an adult care facility is to
comply with section 3722.18 5119.88 of the Revised Code. At a
minimum, the The rules shall may establish the procedures an owner
or manager is to follow under division (A) of section 3722.18
5119.88 of the Revised Code regarding referrals to the facility of
prospective residents with mental illness or severe mental
disability and effective arrangements for ongoing mental health
services for such prospective residents. The procedures may
provide for any of the following:
(a) That the owner or manager and the ADAMHS board serving
the alcohol, drug addiction, and mental health service district in
which the facility is located sign a mental health resident
program participation agreement, as developed by the director of
mental health under section 5119.613 5119.614 of the Revised Code;
(b) That the owner or manager comply with the requirements of
its mental health resident program participation agreement;
(c) That the owner or manager and the mental health agencies
and ADAMHS boards that refer such prospective residents to the
facility develop and sign a mental health plan for ongoing mental
health services for each such prospective resident;
(d) Any other process established by the public health
council in consultation with the director of health and director
of mental health regarding referrals and effective arrangements
for ongoing mental health services for prospective residents with
mental illness.
(13) Any other rules necessary for the administration and
enforcement of this chapter sections 5119.70 to 5119.88 of the
Revised Code.
(B) After consulting with relevant constituencies, the
director of mental health shall prepare and submit to the director
of health recommendations for the content of rules to be adopted
under division (A)(12) of this section.
(C) The director of mental health shall advise adult care
facilities regarding compliance with the requirements of this
chapter sections 5119.70 to 5119.88 of the Revised Code and with
the rules adopted pursuant to this chapter those sections.
(D)(C) Any duty or responsibility imposed upon the director
of mental health by this chapter may be carried out by an employee
of the department of health persons designated by the director.
(E)(D) Employees of the department of mental health may
enter, for the purposes of investigation, any institution,
residence, facility, or other structure which has been reported to
the department as, or that the department has reasonable cause to
believe is, operating as an adult care facility without a valid
license.
Sec. 3722.11 5119.80. The public health council department
of mental health shall, not later than twelve months after the
effective date of this section, adopt rules under Chapter 119. of
the Revised Code that set guidelines for classifying violations of
this chapter sections 5119.70 to 5119.88 of the Revised Code or
rules adopted under it those sections for the purpose of imposing
civil penalties. The rules shall establish the following
classifications:
(A) Class I violations are conditions or occurrences that
present an immediate and serious threat to the physical or
emotional health, safety, or security of residents of an adult
care facility. Whoever is determined to have committed a class I
violation is subject to a civil penalty of not less than seven
hundred dollars nor more than one thousand dollars for each
violation.
(B) Class II violations are conditions or occurrences, other
than class I violations, that directly threaten the physical or
emotional health, safety, or security of residents of an adult
care facility. Whoever is determined to have committed a class II
violation is subject to a civil penalty of not less than five
hundred dollars nor more than seven hundred dollars for each
violation.
(C) Class III violations are conditions or occurrences, other
than class I or class II violations, that indirectly or
potentially threaten the physical or emotional health, safety, or
security of residents of a facility. Whoever is determined to have
committed a class III violation is subject to a civil penalty of
not less than one hundred dollars nor more than five hundred
dollars for each violation.
Sec. 3722.12 5119.81. (A) As used in this section:
(1) "Abuse" means the unreasonable confinement or
intimidation of a resident, or the infliction of injury or cruel
punishment upon a resident, resulting in physical harm, pain, or
mental anguish.
(2) "Exploitation" means the unlawful or improper utilization
of an adult resident or his the resident's resources for personal
or monetary benefit, profit, or gain.
(3) "Mechanical restraint" means any method of restricting a
resident's freedom of movement, physical activity, or normal use
of the resident's body, using an appliance or device manufactured
for this purpose.
(4) "Neglect" means failure to provide a resident with the
goods or services necessary to prevent physical harm, mental
anguish, or mental illness.
(4)(5) "Physical restraint," includes, but is not limited to,
the locked door of a room or any article, device, or garment that
interferes with the free movement of the resident and that he is
unable to remove easily also known as "manual restraint," means
any method of physically restricting a resident's freedom of
movement, physical activity, or normal use of the resident's body
without the use of a mechanical restraint.
(6) "Seclusion" means the involuntary confinement of a
resident alone in a room in which the resident is physically
prevented from leaving.
(B) The rights of a resident of an adult care facility
include all of the following:
(1) The right to a safe, healthy, clean, and decent living
environment;
(2) The right to be treated at all times with courtesy and
respect, and with full recognition of personal dignity and
individuality;
(3) The right to practice a religion of his the resident's
choice or to abstain from the practice of religion;
(4) The right to manage personal financial affairs;
(5) The right to retain and use personal clothing;
(6) The right to ownership and reasonable use of personal
property so as to maintain personal dignity and individuality;
(7) The right to participate in activities within the
facility and to use the common areas of the facility;
(8) The right to engage in or refrain from engaging in
activities of his the resident's own choosing within reason;
(9) The right to private and unrestricted communications,
including:
(a) The right to receive, send, and mail sealed, unopened
correspondence;
(b) The right to reasonable access to a telephone for private
communications;
(c) The right to private visits at any reasonable hour.
(10) The right to initiate and maintain contact with the
community, including the right to participate in the activities of
community groups at his the resident's initiative or at the
initiative of community groups;
(11) The right to state grievances to the owner or the
manager of the facility, to any governmental agency, or to any
other person without reprisal;
(12) Prior to becoming a resident, the right to visit the
facility alone or with his the prospective resident's sponsor;
(13) The right to retain the services of any health or social
services practitioner at his the resident's own expense;
(14) The right to refuse medical treatment or services, or if
the resident has been adjudicated incompetent pursuant to Chapter
2111. of the Revised Code and has not been restored to legal
capacity, the right to have his the resident's legal guardian make
decisions about medical treatment and services for him the
resident;
(15) The right to be free from abuse, neglect, or
exploitation;
(16) The right to be free from seclusion and mechanical and
physical restraints;
(17) The right not to be deprived of any legal rights solely
by reason of residence in an adult care facility;
(18) The right to examine records maintained by the adult
care facility concerning him the resident, upon request;
(19) The right to confidential treatment of his the
resident's personal records, and the right to approve or refuse
the release of these records to any individual outside the
facility, except upon transfer to another adult care facility or a
nursing home, residential care facility, home for the aging,
hospital, or other health care facility or provider, and except as
required by law or rule or as required by a third-party payment
contract;
(20) The right to be informed in writing of the rates charged
by the facility as well as any additional charges, and to receive
thirty days notice in writing of any change in the rates and
charges;
(21) The right to have any significant change in his the
resident's health reported to his the resident's sponsor;
(22) The right to share a room with a spouse if both are
residents of the facility.
(C) A sponsor, the director of mental health, or the director
of aging, or a residents' rights advocate registered under section
3701.07 of the Revised Code may assert on behalf of a resident any
of the rights enumerated under this section, section 3722.14
5119.83 of the Revised Code, or rules adopted by the public health
council pursuant to this chapter sections 5119.70 to 5119.88 of
the Revised Code. Any attempted waiver of these rights is void. No
adult care facility or person associated with an adult care
facility shall deny a resident any of these rights.
(D) Any resident whose rights under this section or section
3722.13 5119.82 or 3722.14 5119.83 of the Revised Code are
violated has a cause of action against any person or facility
committing the violation. The action may be commenced by the
resident or by his sponsor on his behalf. The court may award
actual and punitive damages for violation of the rights. The court
may award to the prevailing party reasonable attorney's fees
limited to the work reasonably performed.
Sec. 3722.13 5119.82. (A) Each adult care facility shall
establish a written residents' rights policy containing the text
of sections
3722.12 5119.81 and 3722.14 5119.83 of the Revised
Code and rules adopted by the
public health council pursuant to
this chapter sections 5119.70 to 5119.88 of the Revised Code, a
discussion of the rights and responsibilities of residents under
that section sections 5119.81 to 5119.83 of the Revised Code, and
the text of any additional rule for residents promulgated by the
facility. At the time of admission the manager shall give a copy
of the residents' rights policy to the resident and the resident's
sponsor, if any, and explain the contents of the policy to them.
The facility shall establish procedures for facilitating the
residents' exercise of their rights.
(B) Each adult care facility shall post prominently within
the facility a copy of the residents' rights listed in division
(B) of section 3722.12 5119.81 of the Revised Code and any
additional residents' rights established by rules adopted by the
public health council pursuant to this chapter sections 5119.70 to
5119.88 of the Revised Code, the addresses and telephone numbers
of the state long-term care ombudsperson and the regional
long-term care ombudsperson program for the area in which the
facility is located, and the telephone number maintained by the
department of health for accepting complaints.
Sec. 3722.14 5119.83. (A)(1) Except as provided in division
(A)(2) of this section, an adult care facility may transfer or
discharge a resident, in the absence of a request from the
resident, only for the following reasons:
(a) Charges for the resident's accommodations and services
have not been paid within thirty days after the date on which they
became due;
(b) The mental, emotional, or physical condition of the
resident requires a level of care that the facility is unable to
provide;
(c) The health, safety, or welfare of the resident or of
another resident requires a transfer or discharge;
(d) The facility's license has been revoked or renewal has
been denied pursuant to this chapter by the director of mental
health;
(e) The owner closes the facility;
(f) The resident is relocated as the result of a court's
order issued under section 3722.09 5119.78 of the Revised Code as
part of the injunctive relief granted against a facility that is
operating without a license;
(g) The resident is receiving publicly funded mental health
services and the facility's mental health resident program
participation agreement is terminated by the facility or ADAMHS
board.
(2) An adult family home may transfer or discharge a resident
if transfer or discharge is required for the health, safety, or
welfare of an individual who resides in the home but is not a
resident for whom supervision or personal services are provided.
(B)(1) The facility shall give a resident thirty days'
advance notice, in writing, of a proposed transfer or discharge,
except that if the transfer or discharge is for a reason given in
divisions (A)(1)(b) to (g) or (A)(2) of this section and an
emergency exists, the notice need not be given thirty days in
advance. The facility shall state in the written notice the
reasons for the proposed transfer or discharge. If the resident is
entitled to a hearing as specified in division (B)(2) of this
section, the written notice shall outline the procedure for the
resident to follow in requesting a hearing.
(2) A resident may request a hearing if a proposed transfer
or discharge is based on reason given in division divisions
(A)(1)(a) to (c) or (A)(2) of this section. If the resident seeks
a hearing, the resident shall submit a request to the director of
mental health not later than ten days after receiving the written
notice. The director shall hold the hearing not later than ten
days after receiving the request. A representative of the director
shall preside over the hearing and shall issue a written
recommendation of action to be taken by the director not later
than three days after the hearing. The director shall issue an
order regarding the transfer or discharge not later than two days
after receipt of the recommendation. The order may prohibit or
place conditions on the discharge or transfer. In the case of a
transfer, the order may require that the transfer be to an
institution or facility specified by the director. The hearing is
not subject to section 121.22 of the Revised Code. The public
health council department of mental health shall adopt rules
governing any additional procedures necessary for conducting the
hearing.
(C)(1) The owner of an adult care facility who is closing the
facility shall inform the director of health in writing at least
thirty days prior to the proposed date of closing. At the same
time, the owner or manager shall inform each resident, the
resident's guardian, the resident's sponsor, or any organization
or agency acting on behalf of the resident, of the closing of the
facility and the date of the closing.
(2) Immediately upon receiving notice that a facility is to
be closed, the director shall monitor the transfer of residents to
other facilities and ensure that residents' rights are protected.
The director shall notify the ombudsperson in the region in which
the facility is located of the closing.
(3) All charges shall be prorated as of the date on which the
facility closes. If payments have been made in advance, the
payments for services not rendered shall be refunded to the
resident or the resident's guardian not later than seven days
after the closing of the facility.
(4) Immediately upon the closing of a facility, the owner
shall surrender the license to the director, and the license shall
be canceled.
Sec. 3722.15 5119.84. (A) The following may enter an adult
care facility at any time:
(1) Employees designated by the director of mental health;
(2) Employees designated by the director of aging;
(3) Employees designated by the attorney general;
(4) Employees designated by a county department of job and
family services to implement sections 5101.60 to 5101.71 of the
Revised Code;
(5) Persons employed pursuant to division (M) of section
173.01 of the Revised Code in the long-term care ombudsperson
program;
(6) Employees of the department of mental health designated
by the director of mental health;
(7) Employees of a mental health agency under any of the
following circumstances:
(a) When the agency has a client residing in the facility;
(b) When the agency is acting as an agent of an ADAMHS board
other than the board with which it is under contract;
(c) When there is a mental health resident program
participation agreement between the facility and the ADAMHS board
with which the agency is under contract.
(8)(7) Employees of an ADAMHS board under any of the
following circumstances:
(a) When authorized by section 340.05 of the Revised Code;
(b) When a resident of the facility is receiving mental
health services provided by that ADAMHS board or another ADAMHS
board pursuant to division (A)(8)(b) of section 340.03 of the
Revised Code;
(c) When a resident of the facility is receiving services
from a mental health agency under contract with that ADAMHS board
or another ADAMHS board;
(d) When there is a mental health resident program
participation agreement between the facility and that ADAMHS
board.
The employees specified in divisions (A)(1) to (8)(7) of this
section shall be afforded access to all records of the facility,
including records pertaining to residents, and may copy the
records. Neither these employees nor the director of mental health
shall release, without consent, any information obtained from the
records of an adult care facility that reasonably would tend to
identify a specific resident of the facility, except as ordered by
a court of competent jurisdiction or when the release is otherwise
authorized by law.
(B) The following persons may enter any adult care facility
during reasonable hours:
(1) A resident's sponsor;
(2) Residents' rights advocates;
(3) A resident's attorney;
(4)(2) A minister, priest, rabbi, or other person ministering
to a resident's religious needs;
(5)(3) A physician or other person providing health care
services to a resident;
(6)(4) Employees authorized by county departments of job and
family services and local boards of health or health departments
to enter adult care facilities;
(7)(5) A prospective resident and prospective resident's
sponsor.
(C) The manager of an adult care facility may require a
person seeking to enter the facility to present identification
sufficient to identify the person as an authorized person under
this section.
Sec. 3722.151 5119.85. (A) As used in this section:
(1) "Adult care facility" has the same meaning as in section
3722.01 of the Revised Code.
(2) "Applicant" means a person who is under final
consideration for employment with an adult care facility in a
full-time, part-time, or temporary position that involves
providing direct care to an older adult. "Applicant" does not
include a person who provides direct care as a volunteer without
receiving or expecting to receive any form of remuneration other
than reimbursement for actual expenses.
(3)(2) "Criminal records check" and "older adult" have the
same meanings as in section 109.572 of the Revised Code.
(B)(1) Except as provided in division (I) of this section,
the chief administrator of an adult care facility shall request
that the superintendent of the bureau of criminal identification
and investigation conduct a criminal records check with respect to
each applicant. If an applicant for whom a criminal records check
request is required under this division does not present proof of
having been a resident of this state for the five-year period
immediately prior to the date the criminal records check is
requested or provide evidence that within that five-year period
the superintendent has requested information about the applicant
from the federal bureau of investigation in a criminal records
check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check of the
applicant. Even if an applicant for whom a criminal records check
request is required under this division presents proof of having
been a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
information from the federal bureau of investigation in the
criminal records check.
(2) A person required by division (B)(1) of this section to
request a criminal records check shall do both of the following:
(a) Provide to each applicant for whom a criminal records
check request is required under that division a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the
Revised Code and a standard fingerprint impression sheet
prescribed pursuant to division (C)(2) of that section, and obtain
the completed form and impression sheet from the applicant;
(b) Forward the completed form and impression sheet to the
superintendent of the bureau of criminal identification and
investigation.
(3) An applicant provided the form and fingerprint impression
sheet under division (B)(2)(a) of this section who fails to
complete the form or provide fingerprint impressions shall not be
employed in any position for which a criminal records check is
required by this section.
(C)(1) Except as provided in rules adopted by the public
health council department of mental health in accordance with
division (F) of this section and subject to division (C)(2) of
this section, no adult care facility shall employ a person in a
position that involves providing direct care to an older adult if
the person has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (C)(1)(a) of
this section.
(2)(a) An adult care facility may employ conditionally an
applicant for whom a criminal records check request is required
under division (B) of this section prior to obtaining the results
of a criminal records check regarding the individual, provided
that the facility shall request a criminal records check regarding
the individual in accordance with division (B)(1) of this section
not later than five business days after the individual begins
conditional employment. In the circumstances described in division
(I)(2) of this section, an adult care facility may employ
conditionally an applicant who has been referred to the adult care
facility by an employment service that supplies full-time,
part-time, or temporary staff for positions involving the direct
care of older adults and for whom, pursuant to that division, a
criminal records check is not required under division (B) of this
section.
(b) An adult care facility that employs an individual
conditionally under authority of division (C)(2)(a) of this
section shall terminate the individual's employment if the results
of the criminal records check requested under division (B) of this
section or described in division (I)(2) of this section, other
than the results of any request for information from the federal
bureau of investigation, are not obtained within the period ending
thirty days after the date the request is made. Regardless of when
the results of the criminal records check are obtained, if the
results indicate that the individual has been convicted of or
pleaded guilty to any of the offenses listed or described in
division (C)(1) of this section, the facility shall terminate the
individual's employment unless the facility chooses to employ the
individual pursuant to division (F) of this section. Termination
of employment under this division shall be considered just cause
for discharge for purposes of division (D)(2) of section 4141.29
of the Revised Code if the individual makes any attempt to deceive
the facility about the individual's criminal record.
(D)(1) Each adult care facility shall pay to the bureau of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised Code
for each criminal records check conducted pursuant to a request
made under division (B) of this section.
(2) An adult care facility may charge an applicant a fee not
exceeding the amount the facility pays under division (D)(1) of
this section. A facility may collect a fee only if it notifies the
person at the time of initial application for employment of the
amount of the fee and that, unless the fee is paid, the person
will not be considered for employment.
(E) The report of any criminal records check conducted
pursuant to a request made under this section is not a public
record for the purposes of section 149.43 of the Revised Code and
shall not be made available to any person other than the
following:
(1) The individual who is the subject of the criminal records
check or the individual's representative;
(2) The chief administrator of the facility requesting the
criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or
program that provides direct care to older adults that is owned or
operated by the same entity that owns or operates the adult care
facility;
(4) A court, hearing officer, or other necessary individual
involved in a case dealing with a denial of employment of the
applicant or dealing with employment or unemployment benefits of
the applicant;
(5) Any person to whom the report is provided pursuant to,
and in accordance with, division (I)(1) or (2) of this section.
(F) The public health council department shall adopt rules in
accordance with Chapter 119. of the Revised Code to implement this
section. The rules shall specify circumstances under which an
adult care facility may employ a person who has been convicted of
or pleaded guilty to an offense listed or described in division
(C)(1) of this section but meets personal character standards set
by the council.
(G) The chief administrator of an adult care facility shall
inform each individual, at the time of initial application for a
position that involves providing direct care to an older adult,
that the individual is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the individual comes under final consideration for
employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who an adult care facility
employs in a position that involves providing direct care to older
adults, all of the following shall apply:
(1) If the facility employed the individual in good faith and
reasonable reliance on the report of a criminal records check
requested under this section, the facility shall not be found
negligent solely because of its reliance on the report, even if
the information in the report is determined later to have been
incomplete or inaccurate;
(2) If the facility employed the individual in good faith on
a conditional basis pursuant to division (C)(2) of this section,
the facility shall not be found negligent solely because it
employed the individual prior to receiving the report of a
criminal records check requested under this section;
(3) If the facility in good faith employed the individual
according to the personal character standards established in rules
adopted under division (F) of this section, the facility shall not
be found negligent solely because the individual prior to being
employed had been convicted of or pleaded guilty to an offense
listed or described in division (C)(1) of this section.
(I)(1) The chief administrator of an adult care facility is
not required to request that the superintendent of the bureau of
criminal identification and investigation conduct a criminal
records check of an applicant if the applicant has been referred
to the facility by an employment service that supplies full-time,
part-time, or temporary staff for positions involving the direct
care of older adults and both of the following apply:
(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to an
offense listed or described in division (C)(1) of this section, or
the report demonstrates that the person has been convicted of or
pleaded guilty to one or more of those offenses, but the adult
care facility chooses to employ the individual pursuant to
division (F) of this section.
(2) The chief administrator of an adult care facility is not
required to request that the superintendent of the bureau of
criminal identification and investigation conduct a criminal
records check of an applicant and may employ the applicant
conditionally as described in this division, if the applicant has
been referred to the facility by an employment service that
supplies full-time, part-time, or temporary staff for positions
involving the direct care of older adults and if the chief
administrator receives from the employment service or the
applicant a letter from the employment service that is on the
letterhead of the employment service, dated, and signed by a
supervisor or another designated official of the employment
service and that states that the employment service has requested
the superintendent to conduct a criminal records check regarding
the applicant, that the requested criminal records check will
include a determination of whether the applicant has been
convicted of or pleaded guilty to any offense listed or described
in division (C)(1) of this section, that, as of the date set forth
on the letter, the employment service had not received the results
of the criminal records check, and that, when the employment
service receives the results of the criminal records check, it
promptly will send a copy of the results to the adult care
facility. If an adult care facility employs an applicant
conditionally in accordance with this division, the employment
service, upon its receipt of the results of the criminal records
check, promptly shall send a copy of the results to the adult care
facility, and division (C)(2)(b) of this section applies regarding
the conditional employment.
Sec. 3722.16 5119.86. (A) No person shall:
(1) Operate an adult care facility unless the facility is
validly licensed by the director of mental health under section
3722.04 5119.73 of the Revised Code;
(2) Admit to an adult care facility more residents than the
number authorized in the facility's license;
(3) Admit a resident to an adult care facility after the
director has issued an order pursuant to section 3722.07 5119.76
of the Revised Code suspending admissions to the facility.
Violation of division (A)(3) of this section is cause for
revocation of the facility's license.
(4) Interfere with any authorized inspection of an adult care
facility conducted pursuant to section 3722.02 5119.71 or 3722.04
5119.73 of the Revised Code;
(5) Admit to an adult care facility a resident requiring
publicly funded mental health services, unless both of the
following conditions are met:
(a) The ADAMHS board serving the alcohol, drug addiction, and
mental health service district in which the facility is located is
notified;
(b) The facility and ADAMHS board have entered into a mental
health resident program participation agreement by using the
standardized form approved by the director of mental health under
section 5119.613 5119.614 of the Revised Code.
(6) Violate any of the provisions of this chapter sections
5119.70 to 5119.88 of the Revised Code or any of the rules adopted
pursuant to it those sections.
(B) No adult care facility shall provide, or admit or retain
any resident in need of, skilled nursing care unless all of the
following conditions are met:
(1) The care will be provided on a part-time, intermittent
basis for not more than a total of one hundred twenty days in any
twelve-month period.
(2) The care will be provided by one or more of the
following:
(a) A home health agency certified under Title XVIII of the
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as
amended;
(b) A hospice care program licensed under Chapter 3712. of
the Revised Code;
(c) A nursing home licensed under Chapter 3721. of the
Revised Code and owned and operated by the same person and located
on the same site as the adult care facility;
(d) A mental health agency or, pursuant to division (A)(8)(b)
of section 340.03 of the Revised Code, an ADAMHS board.
(3) Each individual employed by, under contract with, or
otherwise used by any of the entities specified in division (B)(2)
of this section to perform the skilled nursing care is authorized
under the laws of this state to perform the care by being
appropriately licensed, as specified in rules adopted under
division (G) of this section.
(4) The staff of the one or more entities providing the
skilled nursing care does not train the adult care facility staff
to provide the skilled nursing care;
(5) The individual to whom the skilled nursing care is
provided is suffering from a short-term illness;
(6) If the skilled nursing care is to be provided by the
nursing staff of a nursing home, all of the following are the
case:
(a) The adult care facility evaluates the individual
receiving the skilled nursing care at least once every seven days
to determine whether the individual should be transferred to a
nursing home;
(b) The adult care facility meets at all times staffing
requirements established by rules adopted under section 3722.10
5119.79 of the Revised Code;
(c) The nursing home does not include the cost of providing
skilled nursing care to the adult care facility residents in a
cost report filed under section 5111.26 of the Revised Code;
(d) The nursing home meets at all times the nursing home
licensure staffing ratios established by rules adopted under
section 3721.04 of the Revised Code;
(e) The nursing home staff providing skilled nursing care to
adult care facility residents are registered nurses or licensed
practical nurses licensed under Chapter 4723. of the Revised Code
and meet the personnel qualifications for nursing home staff
established by rules adopted under section 3721.04 of the Revised
Code;
(f) The skilled nursing care is provided in accordance with
rules established for nursing homes under section 3721.04 of the
Revised Code;
(g) The nursing home meets the skilled nursing care needs of
the adult care facility residents;
(h) Using the nursing home's nursing staff does not prevent
the nursing home or adult care facility from meeting the needs of
the nursing home and adult care facility residents in a quality
and timely manner.
(7) No adult care facility staff shall provide skilled
nursing care.
Notwithstanding section 3721.01 of the Revised Code, an adult
care facility in which residents receive skilled nursing care as
described in division (B) of this section is not a nursing home.
(C) A home health agency or hospice care program that
provides skilled nursing care pursuant to division (B) of this
section may not be associated with the adult care facility unless
the facility is part of a home for the aged as defined in section
5701.13 of the Revised Code or the adult care facility is owned
and operated by the same person and located on the same site as a
nursing home licensed under Chapter 3721. of the Revised Code that
is associated with the home health agency or hospice care program.
In addition, the following requirements shall be met:
(1) The adult care facility shall evaluate the individual
receiving the skilled nursing care not less than once every seven
days to determine whether the individual should be transferred to
a nursing home;
(2) If the costs of providing the skilled nursing care are
included in a cost report filed pursuant to section 5111.26 of the
Revised Code by the nursing home that is part of the same home for
the aged, the home health agency or hospice care program shall not
seek reimbursement for the care under the medical assistance
program established under Chapter 5111. of the Revised Code.
(D) No person knowingly shall place or recommend placement of
any person in an adult care facility that is operating without a
license.
(E) No employee of a unit of local or state government,
ADAMHS board, mental health agency, or
PASSPORT RSS administrative
agency shall place or recommend placement of any person in an
adult care facility if the employee knows any of the following:
(1) That the facility cannot meet the needs of the potential
resident;
(2) That placement of the resident would cause the facility
to exceed its licensed capacity;
(3) That an enforcement action initiated by the director of
mental health is pending and may result in the revocation of or
refusal to renew the facility's license;
(4) That the potential resident is receiving or is eligible
for publicly funded mental health services and the facility has
not entered into a mental health resident program participation
agreement.
(F) No person who has reason to believe that an adult care
facility is operating without a license shall fail to report this
information to the director of mental health.
(G) In accordance with Chapter 119. of the Revised Code, the
public health council department of mental health shall adopt
rules for purposes of division (B) of this section that do all of
the following:
(1) Define a short-term illness for purposes of division
(B)(5) of this section;
(2) Specify, consistent with rules pertaining to home health
care adopted by the director of job and family services under the
medical assistance program established under Chapter 5111. of the
Revised Code and Title XIX of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as amended, what constitutes a
part-time, intermittent basis for purposes of division (B)(1) of
this section;
(3) Specify what constitutes being appropriately licensed for
purposes of division (B)(3) of this section.
Sec. 3722.17 5119.87. (A) Any person who believes that an
adult care facility is in violation of this chapter sections
5119.70 to 5119.88 of the Revised Code or of any of the rules
promulgated adopted pursuant to it those sections may report the
information to the director of mental health. The director shall
investigate each report made under this section or section 3722.16
5119.86 of the Revised Code and shall inform the facility of the
results of the investigation. When investigating a report made
pursuant to section 340.05 of the Revised Code, the director shall
consult with the ADAMHS board that made the report. The director
shall keep a record of the investigation and the action taken as a
result of the investigation.
The director shall not reveal, without consent, the identity
of a person who makes a report under this section or division (G)
of section 3722.16 5119.86 of the Revised Code, the identity of a
specific resident or residents referred to in such a report, or
any other information that could reasonably be expected to reveal
the identity of the person making the report or the resident or
residents referred to in the report, except that the director may
provide this information to a government agency responsible for
enforcing laws applying to adult care facilities.
(B) Any person who believes that a resident's rights under
sections 3722.12 5119.81 to 3722.15 5119.84 of the Revised Code
have been violated may report the information to the state
long-term care ombudsperson, the regional long-term care
ombudsperson program for the area in which the facility is
located, or the director of mental health. If the person believes
that the resident has mental illness or severe mental disability
and is suffering abuse or neglect, the person may report the
information to the ADAMHS board serving the alcohol, drug
addiction, and mental health service district in which the adult
care facility is located or a mental health agency under contract
with the board in addition to or instead of the ombudsperson,
regional program, or director.
(C) Any person who makes a report pursuant to division (A) or
(B) of this section or division (G) of section 3722.16 5119.86 of
the Revised Code or any person who participates in an
administrative or judicial proceeding resulting from such a report
is immune from any civil liability or criminal liability, other
than perjury, that might otherwise be incurred or imposed as a
result of these actions, unless the person has acted in bad faith
or with malicious purpose.
Sec. 3722.18 5119.88. Before an adult care facility admits a
prospective resident who the owner or manager of the facility
knows has been assessed as having a mental illness or severe
mental disability, the owner or manager is subject to both of the
following:
(A) If the prospective resident is referred to the facility
by a mental health agency or ADAMHS board, the owner or manager
shall follow procedures established in rules adopted under
division (A)(12) of section 3722.10 5119.79 of the Revised Code
regarding referrals and effective arrangements for ongoing mental
health services.
(B) If the prospective resident is not referred to the
facility by a mental health agency or ADAMHS board, the owner or
manager shall offer to assist the prospective resident in
obtaining appropriate mental health services and document the
offer of assistance in accordance with rules adopted under
division (A)(12) of section 3722.10 5119.79 of the Revised Code.
Sec. 5119.99. (A) Whoever violates section 5119.21 of the
Revised Code is guilty of a misdemeanor of the first degree.
(B) Whoever violates division (A)(1) of section 5119.86 of
the Revised Code shall be fined two thousand dollars for a first
offense; for each subsequent offense, such person shall be fined
five thousand dollars.
(C) Whoever violates division (C) of section 5119.81 or
division (A)(2), (3), (4), (5), or (6), (B), (C), (D), (E), or (F)
of section 5119.86 of the Revised Code shall be fined five hundred
dollars for a first offense; for each subsequent offense, such
person shall be fined one thousand dollars.
Sec. 5120.092. There is hereby created in the state treasury
the adult and juvenile correctional facilities bond retirement
fund. The fund shall receive proceeds derived from the sale of
state adult or juvenile correctional facilities. Investment income
with respect to moneys on deposit in the fund shall be retained by
the fund. No investment or moneys in, or transfer of moneys from,
the fund shall be made if the effect of the investment or transfer
would be to adversely affect the exclusion from gross income of
the interest payable on state bonds issued for state adult or
juvenile correctional facilities that have been sold under
authority of Section 753.10 or 753.30 of the act in which this
section was enacted. To the extent necessary to maintain the
exclusion from gross income of the interest payable on those
bonds, moneys in the fund shall first be used to redeem or defease
the outstanding portion of such bonds. To accomplish the
redemption or defeasance, the director of budget and management,
at the request of the Ohio building authority, may direct that
moneys in the fund be transferred to the appropriate trustees
under the applicable bond trust agreements. Upon receipt of both
(i) one or more opinions of a nationally recognized bond counsel
firm appointed by the Ohio building authority stating that the
aforementioned bonds have been redeemed or defeased and that the
transfer of such moneys will not adversely affect the exclusion
from gross income of the interest payable on such bonds, and (ii)
a certification by both the director of administrative services
and the director of rehabilitation and correction stating either
that all sales of state adult and juvenile correctional facilities
contemplated by Section 753.10 or 753.30 of the act in which this
section was enacted have been completed or that no further sales
of any such facilities will be undertaken, the director of budget
and management may direct that any moneys remaining in the fund
after the redemption or defeasance of the aforementioned bonds
shall be transferred to the general revenue fund. Upon completion
of that transfer, the adult and juvenile correctional facilities
bond retirement fund shall be abolished.
Sec. 5120.135. (A) As used in this section, "laboratory
services" includes the performance of medical laboratory analysis;
professional laboratory and pathologist consultation; the
procurement, storage, and distribution of laboratory supplies; and
the performance of phlebotomy services.
(B) The department of rehabilitation and correction shall may
provide laboratory services to the departments of mental health,
developmental disabilities, youth services, and rehabilitation and
correction. The department of rehabilitation and correction may
also provide laboratory services to other state, county, or
municipal agencies and to private persons that request laboratory
services if the department of rehabilitation and correction
determines that the provision of laboratory services is in the
public interest and considers it advisable to provide such
services. The department of rehabilitation and correction may also
provide laboratory services to agencies operated by the United
States government and to public and private entities funded in
whole or in part by the state if the director of rehabilitation
and correction designates them as eligible to receive such
services.
The department of rehabilitation and correction shall provide
laboratory services from a laboratory that complies with the
standards for certification set by the United States department of
health and human services under the "Clinical Laboratory
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a.
In addition, the laboratory shall maintain accreditation or
certification with an appropriate accrediting or certifying
organization as considered necessary by the recipients of its
laboratory services and as authorized by the director of
rehabilitation and correction.
(C) The cost of administering this section shall be
determined by the department of rehabilitation and correction and
shall be paid by entities that receive laboratory services to the
department for deposit in the state treasury to the credit of the
laboratory services fund, which is hereby created. The fund shall
be used to pay the costs the department incurs in administering
this section.
(D) If the department of rehabilitation and correction does
not provide laboratory services under this section in a
satisfactory manner to the department of developmental
disabilities, youth services, or mental health, the director of
developmental disabilities, youth services, or mental health shall
attempt to resolve the matter of the unsatisfactory provision of
services with the director of rehabilitation and correction. If,
after this attempt, the provision of laboratory services continues
to be unsatisfactory, the director of developmental disabilities,
youth services, or mental health shall notify the director of
rehabilitation and correction regarding the continued
unsatisfactory provision of laboratory services. If, within thirty
days after the director receives this notice, the department of
rehabilitation and correction does not provide the specified
laboratory services in a satisfactory manner, the director of
developmental disabilities, youth services, or mental health shall
notify the director of rehabilitation and correction of the
notifying director's intent to cease obtaining laboratory services
from the department of rehabilitation and correction. Following
the end of a cancellation period of sixty days that begins on the
date of the notice, the department that sent the notice may obtain
laboratory services from a provider other than the department of
rehabilitation and correction, if the department that sent the
notice certifies to the department of administrative services that
the requirements of this division have been met.
(E) Whenever a state agency fails to make a payment for
laboratory services provided to it by the department of
rehabilitation and correction under this section within thirty-one
days after the date the payment was due, the office of budget and
management may transfer moneys from that state agency to the
department of rehabilitation and correction for deposit to the
credit of the laboratory services fund. The amount transferred
shall not exceed the amount of the overdue payments. Prior to
making a transfer under this division, the office shall apply any
credits the state agency has accumulated in payment for laboratory
services provided under this section.
Sec. 5120.17. (A) As used in this section:
(1) "Mental illness" means a substantial disorder of thought,
mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to
meet the ordinary demands of life.
(2) "Mentally ill person subject to hospitalization" means a
mentally ill person to whom any of the following applies because
of the person's mental illness:
(a) The person represents a substantial risk of physical harm
to the person as manifested by evidence of threats of, or attempts
at, suicide or serious self-inflicted bodily harm.
(b) The person represents a substantial risk of physical harm
to others as manifested by evidence of recent homicidal or other
violent behavior, evidence of recent threats that place another in
reasonable fear of violent behavior and serious physical harm, or
other evidence of present dangerousness.
(c) The person represents a substantial and immediate risk of
serious physical impairment or injury to the person as manifested
by evidence that the person is unable to provide for and is not
providing for the person's basic physical needs because of the
person's mental illness and that appropriate provision for those
needs cannot be made immediately available in the correctional
institution in which the inmate is currently housed.
(d) The person would benefit from treatment in a hospital for
the person's mental illness and is in need of treatment in a
hospital as manifested by evidence of behavior that creates a
grave and imminent risk to substantial rights of others or the
person.
(3) "Psychiatric hospital" means all or part of a facility
that is operated and managed by the department of rehabilitation
and correction, is designated as a psychiatric hospital mental
health to provide psychiatric hospitalization services in
accordance with the requirements of this section pursuant to an
agreement between the directors of rehabilitation and correction
and mental health or, is licensed by the department of mental
health pursuant to section 5119.20 of the Revised Code, as a
psychiatric hospital and is in substantial compliance with the
standards set by the joint commission on accreditation of
healthcare organizations accredited by a healthcare accrediting
organization approved by the department of mental health and the
psychiatric hospital is any of the following:
(a) Operated and managed by the department of rehabilitation
and correction within a facility that is operated by the
department of rehabilitation and correction;
(b) Operated and managed by a contractor for the department
of rehabilitation and correction within a facility that is
operated by the department of rehabilitation and correction;
(c) Operated and managed in the community by an entity that
has contracted with the department of rehabilitation and
correction to provide psychiatric hospitalization services in
accordance with the requirements of this section.
(4) "Inmate patient" means an inmate who is admitted to a
psychiatric hospital.
(5) "Admitted" to a psychiatric hospital means being accepted
for and staying at least one night at the psychiatric hospital.
(6) "Treatment plan" means a written statement of reasonable
objectives and goals for an inmate patient that is based on the
needs of the inmate patient and that is established by the
treatment team, with the active participation of the inmate
patient and with documentation of that participation. "Treatment
plan" includes all of the following:
(a) The specific criteria to be used in evaluating progress
toward achieving the objectives and goals;
(b) The services to be provided to the inmate patient during
the inmate patient's hospitalization;
(c) The services to be provided to the inmate patient after
discharge from the hospital, including, but not limited to,
housing and mental health services provided at the state
correctional institution to which the inmate patient returns after
discharge or community mental health services.
(7) "Mentally retarded person subject to institutionalization
by court order" has the same meaning as in section 5123.01 of the
Revised Code.
(8) "Emergency transfer" means the transfer of a mentally ill
inmate to a psychiatric hospital when the inmate presents an
immediate danger to self or others and requires hospital-level
care.
(9) "Uncontested transfer" means the transfer of a mentally
ill inmate to a psychiatric hospital when the inmate has the
mental capacity to, and has waived, the hearing required by
division (B) of this section.
(10)(a) "Independent decision-maker" means a person who is
employed or retained by the department of rehabilitation and
correction and is appointed by the chief or chief clinical officer
of mental health services as a hospitalization hearing officer to
conduct due process hearings.
(b) An independent decision-maker who presides over any
hearing or issues any order pursuant to this section shall be a
psychiatrist, psychologist, or attorney, shall not be specifically
associated with the institution in which the inmate who is the
subject of the hearing or order resides at the time of the hearing
or order, and previously shall not have had any treatment
relationship with nor have represented in any legal proceeding the
inmate who is the subject of the order.
(B)(1) Except as provided in division (C) of this section, if
the warden of a state correctional institution or the warden's
designee believes that an inmate should be transferred from the
institution to a psychiatric hospital, the department shall hold a
hearing to determine whether the inmate is a mentally ill person
subject to hospitalization. The department shall conduct the
hearing at the state correctional institution in which the inmate
is confined, and the department shall provide qualified
independent assistance to the inmate for the hearing. An
independent decision-maker provided by the department shall
preside at the hearing and determine whether the inmate is a
mentally ill person subject to hospitalization.
(2) Except as provided in division (C) of this section, prior
to the hearing held pursuant to division (B)(1) of this section,
the warden or the warden's designee shall give written notice to
the inmate that the department is considering transferring the
inmate to a psychiatric hospital, that it will hold a hearing on
the proposed transfer at which the inmate may be present, that at
the hearing the inmate has the rights described in division (B)(3)
of this section, and that the department will provide qualified
independent assistance to the inmate with respect to the hearing.
The department shall not hold the hearing until the inmate has
received written notice of the proposed transfer and has had
sufficient time to consult with the person appointed by the
department to provide assistance to the inmate and to prepare for
a presentation at the hearing.
(3) At the hearing held pursuant to division (B)(1) of this
section, the department shall disclose to the inmate the evidence
that it relies upon for the transfer and shall give the inmate an
opportunity to be heard. Unless the independent decision-maker
finds good cause for not permitting it, the inmate may present
documentary evidence and the testimony of witnesses at the hearing
and may confront and cross-examine witnesses called by the
department.
(4) If the independent decision-maker does not find clear and
convincing evidence that the inmate is a mentally ill person
subject to hospitalization, the department shall not transfer the
inmate to a psychiatric hospital but shall continue to confine the
inmate in the same state correctional institution or in another
state correctional institution that the department considers
appropriate. If the independent decision-maker finds clear and
convincing evidence that the inmate is a mentally ill person
subject to hospitalization, the decision-maker shall order that
the inmate be transported to a psychiatric hospital for
observation and treatment for a period of not longer than thirty
days. After the hearing, the independent decision-maker shall
submit to the department a written decision that states one of the
findings described in division (B)(4) of this section, the
evidence that the decision-maker relied on in reaching that
conclusion, and, if the decision is that the inmate should be
transferred, the reasons for the transfer.
(C)(1) The department may transfer an inmate to a psychiatric
hospital under an emergency transfer order if the chief clinical
officer of mental health services of the department or that
officer's designee and either a psychiatrist employed or retained
by the department or, in the absence of a psychiatrist, a
psychologist employed or retained by the department determines
that the inmate is mentally ill, presents an immediate danger to
self or others, and requires hospital-level care.
(2) The department may transfer an inmate to a psychiatric
hospital under an uncontested transfer order if both of the
following apply:
(a) A psychiatrist employed or retained by the department
determines all of the following apply:
(i) The inmate has a mental illness or is a mentally ill
person subject to hospitalization.
(ii) The inmate requires hospital care to address the mental
illness.
(iii) The inmate has the mental capacity to make a reasoned
choice regarding the inmate's transfer to a hospital.
(b) The inmate agrees to a transfer to a hospital.
(3) The written notice and the hearing required under
divisions (B)(1) and (2) of this section are not required for an
emergency transfer or uncontested transfer under division (C)(1)
or (2) of this section.
(4) After an emergency transfer under division (C)(1) of this
section, the department shall hold a hearing for continued
hospitalization within five working days after admission of the
transferred inmate to the psychiatric hospital. The department
shall hold subsequent hearings pursuant to division (F) of this
section at the same intervals as required for inmate patients who
are transported to a psychiatric hospital under division (B)(4) of
this section.
(5) After an uncontested transfer under division (C)(2) of
this section, the inmate may withdraw consent to the transfer in
writing at any time. Upon the inmate's withdrawal of consent, the
hospital shall discharge the inmate, or, within five working days,
the department shall hold a hearing for continued hospitalization.
The department shall hold subsequent hearings pursuant to division
(F) of this section at the same time intervals as required for
inmate patients who are transported to a psychiatric hospital
under division (B)(4) of this section.
(D)(1) If an independent decision-maker, pursuant to division
(B)(4) of this section, orders an inmate transported to a
psychiatric hospital or if an inmate is transferred pursuant to
division (C)(1) or (2) of this section, the staff of the
psychiatric hospital shall examine the inmate patient when
admitted to the psychiatric hospital as soon as practicable after
the inmate patient arrives at the hospital and no later than
twenty-four hours after the time of arrival. The attending
physician responsible for the inmate patient's care shall give the
inmate patient all information necessary to enable the patient to
give a fully informed, intelligent, and knowing consent to the
treatment the inmate patient will receive in the hospital. The
attending physician shall tell the inmate patient the expected
physical and medical consequences of any proposed treatment and
shall give the inmate patient the opportunity to consult with
another psychiatrist at the hospital and with the inmate advisor.
(2) No inmate patient who is transported or transferred
pursuant to division (B)(4) or (C)(1) or (2) of this section to a
psychiatric hospital pursuant to division (B)(4) or (C)(1) or (2)
of this section and who is in the physical custody of within a
facility that is operated by the department of rehabilitation and
correction shall be subjected to any of the following procedures:
(b) Major aversive interventions;
(c) Any unusually hazardous treatment procedures;
(E) The warden of the psychiatric hospital or the warden's
designee department of rehabilitation and correction shall ensure
that an inmate patient hospitalized pursuant to this section
receives or has all of the following:
(1) Receives sufficient professional care within twenty days
of admission to ensure that an evaluation of the inmate patient's
current status, differential diagnosis, probable prognosis, and
description of the current treatment plan have been formulated and
are stated on the inmate patient's official chart;
(2) Has a written treatment plan consistent with the
evaluation, diagnosis, prognosis, and goals of treatment;
(3) Receives treatment consistent with the treatment plan;
(4) Receives periodic reevaluations of the treatment plan by
the professional staff at intervals not to exceed thirty days;
(5) Is provided with adequate medical treatment for physical
disease or injury;
(6) Receives humane care and treatment, including, without
being limited to, the following:
(a) Access to the facilities and personnel required by the
treatment plan;
(b) A humane psychological and physical environment;
(c) The right to obtain current information concerning the
treatment program, the expected outcomes of treatment, and the
expectations for the inmate patient's participation in the
treatment program in terms that the inmate patient reasonably can
understand;
(d) Opportunity for participation in programs designed to
help the inmate patient acquire the skills needed to work toward
discharge from the psychiatric hospital;
(e) The right to be free from unnecessary or excessive
medication and from unnecessary restraints or isolation;
(f) All other rights afforded inmates in the custody of the
department consistent with rules, policy, and procedure of the
department.
(F) The department shall hold a hearing for the continued
hospitalization of an inmate patient who is transported or
transferred to a psychiatric hospital pursuant to division (B)(4)
or (C)(1) of this section prior to the expiration of the initial
thirty-day period of hospitalization. The department shall hold
any subsequent hearings, if necessary, not later than ninety days
after the first thirty-day hearing and then not later than each
one hundred and eighty days after the immediately prior hearing.
An independent decision-maker shall conduct the hearings at the
psychiatric hospital in which the inmate patient is confined. The
inmate patient shall be afforded all of the rights set forth in
this section for the hearing prior to transfer to the psychiatric
hospital. The department may not waive a hearing for continued
commitment. A hearing for continued commitment is mandatory for an
inmate patient transported or transferred to a psychiatric
hospital pursuant to division (B)(4) or (C)(1) of this section
unless the inmate patient has the capacity to make a reasoned
choice to execute a waiver and waives the hearing in writing. An
inmate patient who is transferred to a psychiatric hospital
pursuant to an uncontested transfer under division (C)(2) of this
section and who has scheduled hearings after withdrawal of consent
for hospitalization may waive any of the scheduled hearings if the
inmate has the capacity to make a reasoned choice and executes a
written waiver of the hearing.
If upon completion of the hearing the independent
decision-maker does not find by clear and convincing evidence that
the inmate patient is a mentally ill person subject to
hospitalization, the independent decision-maker shall order the
inmate patient's discharge from the psychiatric hospital. If the
independent decision-maker finds by clear and convincing evidence
that the inmate patient is a mentally ill person subject to
hospitalization, the independent decision-maker shall order that
the inmate patient remain at the psychiatric hospital for
continued hospitalization until the next required hearing.
If at any time prior to the next required hearing for
continued hospitalization, the medical director of the hospital or
the attending physician determines that the treatment needs of the
inmate patient could be met equally well in an available and
appropriate less restrictive state correctional institution or
unit, the medical director or attending physician may discharge
the inmate to that facility.
(G) An inmate patient is entitled to the credits toward the
reduction of the inmate patient's stated prison term pursuant to
Chapters 2967. and 5120. of the Revised Code under the same terms
and conditions as if the inmate patient were in any other
institution of the department of rehabilitation and correction.
(H) The adult parole authority may place an inmate patient on
parole or under post-release control directly from a psychiatric
hospital.
(I) If an inmate patient who is a mentally ill person subject
to hospitalization is to be released from a psychiatric hospital
because of the expiration of the inmate patient's stated prison
term, the warden of the psychiatric hospital director of
rehabilitation and correction or the director's designee, at least
fourteen days before the expiration date, may file an affidavit
under section 5122.11 or 5123.71 of the Revised Code with the
probate court in the county where the psychiatric hospital is
located or the probate court in the county where the inmate will
reside, alleging that the inmate patient is a mentally ill person
subject to hospitalization by court order or a mentally retarded
person subject to institutionalization by court order, whichever
is applicable. The proceedings in the probate court shall be
conducted pursuant to Chapter 5122. or 5123. of the Revised Code
except as modified by this division.
Upon the request of the inmate patient, the probate court
shall grant the inmate patient an initial hearing under section
5122.141 of the Revised Code or a probable cause hearing under
section 5123.75 of the Revised Code before the expiration of the
stated prison term. After holding a full hearing, the probate
court shall make a disposition authorized by section 5122.15 or
5123.76 of the Revised Code before the date of the expiration of
the stated prison term. No inmate patient shall be held in the
custody of the department of rehabilitation and correction past
the date of the expiration of the inmate patient's stated prison
term.
(J) The department of rehabilitation and correction shall set
standards for treatment provided to inmate patients, consistent
where applicable with the standards set by the joint commission on
accreditation of healthcare organizations.
(K) A certificate, application, record, or report that is
made in compliance with this section and that directly or
indirectly identifies an inmate or former inmate whose
hospitalization has been sought under this section is
confidential. No person shall disclose the contents of any
certificate, application, record, or report of that nature or any
other psychiatric or medical record or report regarding a mentally
ill inmate unless one of the following applies:
(1) The person identified, or the person's legal guardian, if
any, consents to disclosure, and the chief clinical officer or
designee of mental health services of the department of
rehabilitation and correction determines that disclosure is in the
best interests of the person.
(2) Disclosure is required by a court order signed by a
judge.
(3) An inmate patient seeks access to the inmate patient's
own psychiatric and medical records, unless access is specifically
restricted in the treatment plan for clear treatment reasons.
(4) Hospitals and other institutions and facilities within
the department of rehabilitation and correction may exchange
psychiatric records and other pertinent information with other
hospitals, institutions, and facilities of the department, but the
information that may be released about an inmate patient is
limited to medication history, physical health status and history,
summary of course of treatment in the hospital, summary of
treatment needs, and a discharge summary, if any.
(5) An inmate patient's family member who is involved in
planning, providing, and monitoring services to the inmate patient
may receive medication information, a summary of the inmate
patient's diagnosis and prognosis, and a list of the services and
personnel available to assist the inmate patient and family if the
attending physician determines that disclosure would be in the
best interest of the inmate patient. No disclosure shall be made
under this division unless the inmate patient is notified of the
possible disclosure, receives the information to be disclosed, and
does not object to the disclosure.
(6) The department of rehabilitation and correction may
exchange psychiatric hospitalization records, other mental health
treatment records, and other pertinent information with county
sheriffs' offices, hospitals, institutions, and facilities of the
department of mental health and with community mental health
agencies and boards of alcohol, drug addiction, and mental health
services with which the department of mental health has a current
agreement for patient care or services to ensure continuity of
care. Disclosure under this division is limited to records
regarding a mentally ill inmate's medication history, physical
health status and history, summary of course of treatment, summary
of treatment needs, and a discharge summary, if any. No office,
department, agency, or board shall disclose the records and other
information unless one of the following applies:
(a) The mentally ill inmate is notified of the possible
disclosure and consents to the disclosure.
(b) The mentally ill inmate is notified of the possible
disclosure, an attempt to gain the consent of the inmate is made,
and the office, department, agency, or board documents the attempt
to gain consent, the inmate's objections, if any, and the reasons
for disclosure in spite of the inmate's objections.
(7) Information may be disclosed to staff members designated
by the director of rehabilitation and correction for the purpose
of evaluating the quality, effectiveness, and efficiency of
services and determining if the services meet minimum standards.
The name of an inmate patient shall not be retained with the
information obtained during the evaluations.
(L) The director of rehabilitation and correction may adopt
rules setting forth guidelines for the procedures required under
divisions (B), (C)(1), and (C)(2) of this section.
Sec. 5120.28. (A) The department of rehabilitation and
correction, subject to the approval of the office of budget and
management, shall fix the prices at which all labor and services
performed, all agricultural products produced, and all articles
manufactured in correctional and penal institutions shall be
furnished to the state, the political subdivisions of the state,
and the public institutions of the state and the political
subdivisions, and to private persons. The prices shall be uniform
to all and not higher than the usual market price for like labor,
products, services, and articles.
(B) Any money received by the department of rehabilitation
and correction for labor and services performed and, agricultural
products produced, and articles manufactured in penal and
correctional institutions shall be deposited into the
institutional services and agricultural fund created pursuant to
division (A) of section 5120.29 of the Revised Code and shall be
used and accounted for as provided in that section and division
(B) of section 5145.03 of the Revised Code.
(C) Any money received by the department of rehabilitation
and correction for articles manufactured in penal and correctional
institutions shall be deposited into the Ohio penal industries
manufacturing fund created pursuant to division (B) of section
5120.29 of the Revised Code and shall be used and accounted for as
provided in that section and division (B) of section 5145.03 of
the Revised Code.
Sec. 5120.29. (A) There is hereby created, in the state
treasury, the institutional services and agricultural fund, which
shall be used for the:
(1) Purchase of material, supplies, and equipment and the
erection and extension of buildings used in service industries and
agriculture services provided between institutions of the
department of rehabilitation and correction;
(2) Purchase of lands and buildings necessary to carry on or
extend the service industries and agriculture, upon the approval
of the governor;
(3) Payment of compensation to employees necessary to carry
on the service industries and agriculture institutional services;
(4)(3) Payment of prisoners confined in state correctional
institutions a portion of their earnings in accordance with rules
adopted pursuant to section 5145.03 of the Revised Code.
(B) There is hereby created, in the state treasury, the Ohio
penal industries manufacturing fund, which shall be used for the:
(1) Purchase of material, supplies, and equipment and the
erection and extension of buildings used in manufacturing
industries and agriculture;
(2) Purchase of lands and buildings necessary to carry on or
extend the manufacturing industries and agriculture upon the
approval of the governor;
(3) Payment of compensation to employees necessary to carry
on the manufacturing industries and agriculture;
(4) Payment of prisoners confined in state correctional
institutions a portion of their earnings in accordance with rules
adopted pursuant to section 5145.03 of the Revised Code.
(C) The department of rehabilitation and correction shall, in
accordance with rules adopted pursuant to section 5145.03 of the
Revised Code and subject to any pledge made as provided in
division (D) of this section, place to the credit of each prisoner
his the prisoner's earnings and pay the earnings so credited to
the prisoner or his the prisoner's family.
(D) Receipts credited to the funds created in divisions (A)
and (B) of this section constitute available receipts as defined
in section 152.09 of the Revised Code, and may be pledged to the
payment of bond service charges on obligations issued by the Ohio
building authority pursuant to Chapter 152. of the Revised Code to
construct, reconstruct, or otherwise improve capital facilities
useful to the department. The authority may, with the consent of
the department, provide in the bond proceedings for a pledge of
all or such portion of receipts credited to the funds as the
authority determines. The authority may provide in the bond
proceedings for the transfer of receipts credited to the funds to
the appropriate bond service fund or bond service reserve fund as
required to pay the bond service charges when due, and any such
provision for the transfer of receipts shall be controlling
notwithstanding any other provision of law pertaining to such
receipts.
All receipts received by the treasurer of state on account of
the department and required by the applicable bond proceedings to
be deposited, transferred, or credited to the bond service fund or
bond service reserve fund established by such bond proceedings
shall be transferred by the treasurer of state to such fund,
whether or not such fund is in the custody of the treasurer of
state, without necessity for further appropriation, upon receipt
of notice from the Ohio building authority as prescribed in the
bond proceedings. The authority may covenant in the bond
proceedings that so long as any obligations are outstanding to
which receipts credited to the fund are pledged, the state and the
department shall neither reduce the prices charged pursuant to
section 5120.28 of the Revised Code nor the level of manpower
collectively devoted to the production of goods and services for
which prices are set pursuant to section 5120.28 of the Revised
Code, which covenant shall be controlling notwithstanding any
other provision of law; provided, that no covenant shall require
the general assembly to appropriate money derived from the levying
of excises or taxes to purchase such goods and services or to pay
rent or bond service charges.
Sec. 5122.01. As used in this chapter and Chapter 5119. of
the Revised Code:
(A) "Mental illness" means a substantial disorder of thought,
mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to
meet the ordinary demands of life.
(B) "Mentally ill person subject to hospitalization by court
order" means a mentally ill person who, because of the person's
illness:
(1) Represents a substantial risk of physical harm to self as
manifested by evidence of threats of, or attempts at, suicide or
serious self-inflicted bodily harm;
(2) Represents a substantial risk of physical harm to others
as manifested by evidence of recent homicidal or other violent
behavior, evidence of recent threats that place another in
reasonable fear of violent behavior and serious physical harm, or
other evidence of present dangerousness;
(3) Represents a substantial and immediate risk of serious
physical impairment or injury to self as manifested by evidence
that the person is unable to provide for and is not providing for
the person's basic physical needs because of the person's mental
illness and that appropriate provision for those needs cannot be
made immediately available in the community; or
(4) Would benefit from treatment in a hospital for the
person's mental illness and is in need of such treatment as
manifested by evidence of behavior that creates a grave and
imminent risk to substantial rights of others or the person.
(C)(1) "Patient" means, subject to division (C)(2) of this
section, a person who is admitted either voluntarily or
involuntarily to a hospital or other place under section 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a
finding of not guilty by reason of insanity or incompetence to
stand trial or under this chapter, who is under observation or
receiving treatment in such place.
(2) "Patient" does not include a person admitted to a
hospital or other place under section 2945.39, 2945.40, 2945.401,
or 2945.402 of the Revised Code to the extent that the reference
in this chapter to patient, or the context in which the reference
occurs, is in conflict with any provision of sections 2945.37 to
2945.402 of the Revised Code.
(D) "Licensed physician" means a person licensed under the
laws of this state to practice medicine or a medical officer of
the government of the United States while in this state in the
performance of the person's official duties.
(E) "Psychiatrist" means a licensed physician who has
satisfactorily completed a residency training program in
psychiatry, as approved by the residency review committee of the
American medical association, the committee on post-graduate
education of the American osteopathic association, or the American
osteopathic board of neurology and psychiatry, or who on July 1,
1989, has been recognized as a psychiatrist by the Ohio state
medical association or the Ohio osteopathic association on the
basis of formal training and five or more years of medical
practice limited to psychiatry.
(F) "Hospital" means a hospital or inpatient unit licensed by
the department of mental health under section 5119.20 of the
Revised Code, and any institution, hospital, or other place
established, controlled, or supervised by the department under
Chapter 5119. of the Revised Code.
(G) "Public hospital" means a facility that is tax-supported
and under the jurisdiction of the department of mental health.
(H) "Community mental health agency" means any an agency,
program, or facility with which a board of alcohol, drug
addiction, and mental health services contracts to provide the
that provides community mental health services listed in that are
certified by the director of mental health under section 340.09
5119.611 of the Revised Code.
(I) "Licensed clinical psychologist" means a person who holds
a current valid psychologist license issued under section 4732.12
or 4732.15 of the Revised Code, and in addition, meets either of
the following criteria:
(1) Meets the educational requirements set forth in division
(B) of section 4732.10 of the Revised Code and has a minimum of
two years' full-time professional experience, or the equivalent as
determined by rule of the state board of psychology, at least one
year of which shall be a predoctoral internship, in clinical
psychological work in a public or private hospital or clinic or in
private practice, diagnosing and treating problems of mental
illness or mental retardation under the supervision of a
psychologist who is licensed or who holds a diploma issued by the
American board of professional psychology, or whose qualifications
are substantially similar to those required for licensure by the
state board of psychology when the supervision has occurred prior
to enactment of laws governing the practice of psychology;
(2) Meets the educational requirements set forth in division
(B) of section 4732.15 of the Revised Code and has a minimum of
four years' full-time professional experience, or the equivalent
as determined by rule of the state board of psychology, in
clinical psychological work in a public or private hospital or
clinic or in private practice, diagnosing and treating problems of
mental illness or mental retardation under supervision, as set
forth in division (I)(1) of this section.
(J) "Health officer" means any public health physician;
public health nurse; or other person authorized by or designated
by a city health district; a general health district; or a board
of alcohol, drug addiction, and mental health services to perform
the duties of a health officer under this chapter.
(K) "Chief clinical officer" means the medical director of a
hospital, or a community mental health agency, or a board of
alcohol, drug addiction, and mental health services, or, if there
is no medical director, the licensed physician responsible for the
treatment a hospital or community mental health agency provides.
The chief clinical officer may delegate to the attending physician
responsible for a patient's care the duties imposed on the chief
clinical officer by this chapter. Within a community mental health
agency, the chief clinical officer shall be designated by the
governing body of the agency and shall be a licensed physician or
licensed clinical psychologist who supervises diagnostic and
treatment services. A licensed physician or licensed clinical
psychologist designated by the chief clinical officer may perform
the duties and accept the responsibilities of the chief clinical
officer in the chief clinical officer's absence.
(L) "Working day" or "court day" means Monday, Tuesday,
Wednesday, Thursday, and Friday, except when such day is a
holiday.
(M) "Indigent" means unable without deprivation of
satisfaction of basic needs to provide for the payment of an
attorney and other necessary expenses of legal representation,
including expert testimony.
(N) "Respondent" means the person whose detention,
commitment, hospitalization, continued hospitalization or
commitment, or discharge is being sought in any proceeding under
this chapter.
(O) "Legal rights service" means the service established
under "Ohio protection and advocacy system" has the same meaning
as in section 5123.60 of the Revised Code.
(P) "Independent expert evaluation" means an evaluation
conducted by a licensed clinical psychologist, psychiatrist, or
licensed physician who has been selected by the respondent or the
respondent's counsel and who consents to conducting the
evaluation.
(Q) "Court" means the probate division of the court of common
pleas.
(1) The removal and destruction of court files and records,
originals and copies, and the deletion of all index references;
(2) The reporting to the person of the nature and extent of
any information about the person transmitted to any other person
by the court;
(3) Otherwise insuring that any examination of court files
and records in question shall show no record whatever with respect
to the person;
(4) That all rights and privileges are restored, and that the
person, the court, and any other person may properly reply that no
such record exists, as to any matter expunged.
(S) "Residence" means a person's physical presence in a
county with intent to remain there, except that:
(1) If a person is receiving a mental health service at a
facility that includes nighttime sleeping accommodations,
residence means that county in which the person maintained the
person's primary place of residence at the time the person entered
the facility;
(2) If a person is committed pursuant to section 2945.38,
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,
residence means the county where the criminal charges were filed.
When the residence of a person is disputed, the matter of
residence shall be referred to the department of mental health for
investigation and determination. Residence shall not be a basis
for a board's denying services to any person present in the
board's service district, and the board shall provide services for
a person whose residence is in dispute while residence is being
determined and for a person in an emergency situation.
(T) "Admission" to a hospital or other place means that a
patient is accepted for and stays at least one night at the
hospital or other place.
(U) "Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
who prosecuted a criminal case in which a person was found not
guilty by reason of insanity, who would have had the authority to
prosecute a criminal case against a person if the person had not
been found incompetent to stand trial, or who prosecuted a case in
which a person was found guilty.
(V) "Treatment plan" means a written statement of reasonable
objectives and goals for an individual established by the
treatment team, with specific criteria to evaluate progress
towards achieving those objectives. The active participation of
the patient in establishing the objectives and goals shall be
documented. The treatment plan shall be based on patient needs and
include services to be provided to the patient while the patient
is hospitalized and after the patient is discharged. The treatment
plan shall address services to be provided upon discharge,
including but not limited to housing, financial, and vocational
services.
(W) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(X) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Sec. 5122.02. (A) Except as provided in division (D) of this
section, any person who is eighteen years of age or older and who
is, appears to be, or believes self to be mentally ill may make
written application for voluntary admission to the chief medical
officer of a hospital.
(B) Except as provided in division (D) of this section, the
application also may be made on behalf of a minor by a parent, a
guardian of the person, or the person with custody of the minor,
and on behalf of an adult incompetent person by the guardian or
the person with custody of the incompetent person.
Any person whose admission is applied for under division (A)
or (B) of this section may be admitted for observation, diagnosis,
care, or treatment, in any hospital unless the chief clinical
officer finds that hospitalization is inappropriate, and except
that, in the case of a public hospital, no person shall be
admitted without the authorization of the board of the person's
county of residence.
(C) If a minor or person adjudicated incompetent due to
mental illness whose voluntary admission is applied for under
division (B) of this section is admitted, the court shall
determine, upon petition by the legal rights service, private or
otherwise appointed counsel, a relative, or one acting as next
friend, whether the admission or continued hospitalization is in
the best interest of the minor or incompetent.
The chief clinical officer shall discharge any voluntary
patient who has recovered or whose hospitalization the officer
determines to be no longer advisable and may discharge any
voluntary patient who refuses to accept treatment consistent with
the written treatment plan required by section 5122.27 of the
Revised Code.
(D) A person who is found incompetent to stand trial or not
guilty by reason of insanity and who is committed pursuant to
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code shall not voluntarily admit himself or herself
the person or
be voluntarily admitted to a hospital pursuant to this section
until after the final termination of the commitment, as described
in division (J) of section 2945.401 of the Revised Code.
Sec. 5122.15. (A) Full hearings shall be conducted in a
manner consistent with this chapter and with due process of law.
The hearings shall be conducted by a judge of the probate court or
a referee designated by a judge of the probate court and may be
conducted in or out of the county in which the respondent is held.
Any referee designated under this division shall be an attorney.
(1) With the consent of the respondent, the following shall
be made available to counsel for the respondent:
(a) All relevant documents, information, and evidence in the
custody or control of the state or prosecutor;
(b) All relevant documents, information, and evidence in the
custody or control of the hospital in which the respondent
currently is held, or in which the respondent has been held
pursuant to this chapter;
(c) All relevant documents, information, and evidence in the
custody or control of any hospital, facility, or person not
included in division (A)(1)(a) or (b) of this section.
(2) The respondent has the right to attend the hearing and to
be represented by counsel of the respondent's choice. The right to
attend the hearing may be waived only by the respondent or counsel
for the respondent after consultation with the respondent.
(3) If the respondent is not represented by counsel, is
absent from the hearing, and has not validly waived the right to
counsel, the court shall appoint counsel immediately to represent
the respondent at the hearing, reserving the right to tax costs of
appointed counsel to the respondent, unless it is shown that the
respondent is indigent. If the court appoints counsel, or if the
court determines that the evidence relevant to the respondent's
absence does not justify the absence, the court shall continue the
case.
(4) The respondent shall be informed that the respondent may
retain counsel and have independent expert evaluation. If the
respondent is unable to obtain an attorney, the respondent shall
be represented by court-appointed counsel. If the respondent is
indigent, court-appointed counsel and independent expert
evaluation shall be provided as an expense under section 5122.43
of the Revised Code.
(5) The hearing shall be closed to the public, unless counsel
for the respondent, with the permission of the respondent,
requests that the hearing be open to the public.
(6) If the hearing is closed to the public, the court, for
good cause shown, may admit persons who have a legitimate interest
in the proceedings. If the respondent, the respondent's counsel,
the designee of the director or of the chief clinical officer
objects to the admission of any person, the court shall hear the
objection and any opposing argument and shall rule upon the
admission of the person to the hearing.
(7) The affiant under section 5122.11 of the Revised Code
shall be subject to subpoena by either party.
(8) The court shall examine the sufficiency of all documents
filed and shall inform the respondent, if present, and the
respondent's counsel of the nature and content of the documents
and the reason for which the respondent is being detained, or for
which the respondent's placement is being sought.
(9) The court shall receive only reliable, competent, and
material evidence.
(10) Unless proceedings are initiated pursuant to section
5120.17 or 5139.08 of the Revised Code or proceedings are
initiated regarding a resident of the service district of a board
of alcohol, drug addiction, and mental health services that elects
under division
(B)(3)(b) (C)(2) of section 5119.62 of the Revised
Code not to accept the amount allocated to it under division
(B)(1) of that section, an attorney that the board designates
shall present the case demonstrating that the respondent is a
mentally ill person subject to hospitalization by court order. The
attorney shall offer evidence of the diagnosis, prognosis, record
of treatment, if any, and less restrictive treatment plans, if
any. In proceedings pursuant to section 5120.17 or 5139.08 of the
Revised Code and in proceedings in which the respondent is a
resident of a service district of a board that elects under
division (B)(3)(b)(C)(2) of section 5119.62 of the Revised Code
not to accept the amount allocated to it under division (B)(1) of
that section, the attorney general shall designate an attorney who
shall present the case demonstrating that the respondent is a
mentally ill person subject to hospitalization by court order. The
attorney shall offer evidence of the diagnosis, prognosis, record
of treatment, if any, and less restrictive treatment plans, if
any.
(11) The respondent or the respondent's counsel has the right
to subpoena witnesses and documents and to examine and
cross-examine witnesses.
(12) The respondent has the right, but shall not be
compelled, to testify, and shall be so advised by the court.
(13) On motion of the respondent or the respondent's counsel
for good cause shown, or on the court's own motion, the court may
order a continuance of the hearing.
(14) If the respondent is represented by counsel and the
respondent's counsel requests a transcript and record, or if the
respondent is not represented by counsel, the court shall make and
maintain a full transcript and record of the proceeding. If the
respondent is indigent and the transcript and record is made, a
copy shall be provided to the respondent upon request and be
treated as an expense under section 5122.43 of the Revised Code.
(15) To the extent not inconsistent with this chapter, the
Rules of Civil Procedure are applicable.
(B) Unless, upon completion of the hearing the court finds by
clear and convincing evidence that the respondent is a mentally
ill person subject to hospitalization by court order, it shall
order the respondent's discharge immediately.
(C) If, upon completion of the hearing, the court finds by
clear and convincing evidence that the respondent is a mentally
ill person subject to hospitalization by court order, the court
shall order the respondent for a period not to exceed ninety days
to any of the following:
(1) A hospital operated by the department of mental health if
the respondent is committed pursuant to section 5139.08 of the
Revised Code;
(2) A nonpublic hospital;
(3) The veterans' administration or other agency of the
United States government;
(4) A board of alcohol, drug addiction, and mental health
services or agency the board designates;
(5) Receive private psychiatric or psychological care and
treatment;
(6) Any other suitable facility or person consistent with the
diagnosis, prognosis, and treatment needs of the respondent.
(D) Any order made pursuant to division (C)(2), (3), (5), or
(6) of this section shall be conditioned upon the receipt by the
court of consent by the hospital, facility, agency, or person to
accept the respondent.
(E) In determining the place to which, or the person with
whom, the respondent is to be committed, the court shall consider
the diagnosis, prognosis, preferences of the respondent and the
projected treatment plan for the respondent and shall order the
implementation of the least restrictive alternative available and
consistent with treatment goals. If the court determines that the
least restrictive alternative available that is consistent with
treatment goals is inpatient hospitalization, the court's order
shall so state.
(F) During such ninety-day period the hospital; facility;
board of alcohol, drug addiction, and mental health services;
agency the board designates; or person shall examine and treat the
individual. If, at any time prior to the expiration of the
ninety-day period, it is determined by the hospital, facility,
board, agency, or person that the respondent's treatment needs
could be equally well met in an available and appropriate less
restrictive environment, both of the following apply:
(1) The respondent shall be released from the care of the
hospital, agency, facility, or person immediately and shall be
referred to the court together with a report of the findings and
recommendations of the hospital, agency, facility, or person; and
(2) The hospital, agency, facility, or person shall notify
the respondent's counsel or the attorney designated by a board of
alcohol, drug addiction, and mental health services or, if the
respondent was committed to a board or an agency designated by the
board, it shall place the respondent in the least restrictive
environment available consistent with treatment goals and notify
the court and the respondent's counsel of the placement.
The court shall dismiss the case or order placement in the
least restrictive environment.
(G)(1) Except as provided in divisions (G)(2) and (3) of this
section, any person who has been committed under this section, or
for whom proceedings for hospitalization have been commenced
pursuant to section 5122.11 of the Revised Code, may apply at any
time for voluntary admission to the hospital, facility, agency
that the board designates, or person to which the person was
committed. Upon admission as a voluntary patient the chief
clinical officer of the hospital, agency, or other facility, or
the person immediately shall notify the court, the patient's
counsel, and the attorney designated by the board, if the attorney
has entered the proceedings, in writing of that fact, and, upon
receipt of the notice, the court shall dismiss the case.
(2) A person who is found incompetent to stand trial or not
guilty by reason of insanity and who is committed pursuant to
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code shall not voluntarily commit the person pursuant to this
section until after the final termination of the commitment, as
described in division (J) of section 2945.401 of the Revised Code.
(H) If, at the end of the first ninety-day period or any
subsequent period of continued commitment, there has been no
disposition of the case, either by discharge or voluntary
admission, the hospital, facility, board, agency, or person shall
discharge the patient immediately, unless at least ten days before
the expiration of the period the attorney the board designates or
the prosecutor files with the court an application for continued
commitment. The application of the attorney or the prosecutor
shall include a written report containing the diagnosis,
prognosis, past treatment, a list of alternative treatment
settings and plans, and identification of the treatment setting
that is the least restrictive consistent with treatment needs. The
attorney the board designates or the prosecutor shall file the
written report at least three days prior to the full hearing. A
copy of the application and written report shall be provided to
the respondent's counsel immediately.
The court shall hold a full hearing on applications for
continued commitment at the expiration of the first ninety-day
period and at least every two years after the expiration of the
first ninety-day period.
Hearings following any application for continued commitment
are mandatory and may not be waived.
Upon request of a person who is involuntarily committed under
this section, or the person's counsel, that is made more than one
hundred eighty days after the person's last full hearing,
mandatory or requested, the court shall hold a full hearing on the
person's continued commitment. Upon the application of a person
involuntarily committed under this section, supported by an
affidavit of a psychiatrist or licensed clinical psychologist,
alleging that the person no longer is a mentally ill person
subject to hospitalization by court order, the court for good
cause shown may hold a full hearing on the person's continued
commitment prior to the expiration of one hundred eighty days
after the person's last full hearing. Section 5122.12 of the
Revised Code applies to all hearings on continued commitment.
If the court, after a hearing for continued commitment finds
by clear and convincing evidence that the respondent is a mentally
ill person subject to hospitalization by court order, the court
may order continued commitment at places specified in division (C)
of this section.
(I) Unless the admission is pursuant to section 5120.17 or
5139.08 of the Revised Code, the chief clinical officer of the
hospital or agency admitting a respondent pursuant to a judicial
proceeding, within ten working days of the admission, shall make a
report of the admission to the board of alcohol, drug addiction,
and mental health services serving the respondent's county of
residence.
(J) A referee appointed by the court may make all orders that
a judge may make under this section and sections 5122.11 and
5122.141 of the Revised Code, except an order of contempt of
court. The orders of a referee take effect immediately. Within
fourteen days of the making of an order by a referee, a party may
file written objections to the order with the court. The filed
objections shall be considered a motion, shall be specific, and
shall state their grounds with particularity. Within ten days of
the filing of the objections, a judge of the court shall hold a
hearing on the objections and may hear and consider any testimony
or other evidence relating to the respondent's mental condition.
At the conclusion of the hearing, the judge may ratify, rescind,
or modify the referee's order.
(K) An order of the court under division (C), (H), or (J) of
this section is a final order.
(L) Before a board, or an agency the board designates, may
place an unconsenting respondent in an inpatient setting from a
less restrictive placement, the board or agency shall do all of
the following:
(1) Determine that the respondent is in immediate need of
treatment in an inpatient setting because the respondent
represents a substantial risk of physical harm to the respondent
or others if allowed to remain in a less restrictive setting;
(2) On the day of placement in the inpatient setting or on
the next court day, file with the court a motion for transfer to
an inpatient setting or communicate to the court by telephone that
the required motion has been mailed;
(3) Ensure that every reasonable and appropriate effort is
made to take the respondent to the inpatient setting in the least
conspicuous manner possible;
(4) Immediately notify the board's designated attorney and
the respondent's attorney.
At the respondent's request, the court shall hold a hearing
on the motion and make a determination pursuant to division (E) of
this section within five days of the placement.
(M) Before a board, or an agency the board designates, may
move a respondent from one residential placement to another, the
board or agency shall consult with the respondent about the
placement. If the respondent objects to the placement, the
proposed placement and the need for it shall be reviewed by a
qualified mental health professional who otherwise is not involved
in the treatment of the respondent.
Sec. 5122.21. (A) The chief clinical officer shall as
frequently as practicable, and at least once every thirty days,
examine or cause to be examined every patient, and, whenever the
chief clinical officer determines that the conditions justifying
involuntary hospitalization or commitment no longer obtain, shall,
except as provided in division (C) of this section, discharge the
patient not under indictment or conviction for crime and
immediately make a report of the discharge to the department of
mental health. The chief clinical officer may discharge a patient
who is under an indictment, a sentence of imprisonment, a
community control sanction, or a post-release control sanction or
on parole ten days after written notice of intent to discharge the
patient has been given by personal service or certified mail,
return receipt requested, to the court having criminal
jurisdiction over the patient. Except when the patient was found
not guilty by reason of insanity and the defendant's commitment is
pursuant to section 2945.40 of the Revised Code, the chief
clinical officer has final authority to discharge a patient who is
under an indictment, a sentence of imprisonment, a community
control sanction, or a post-release control sanction or on parole.
(B) After a finding pursuant to section 5122.15 of the
Revised Code that a person is a mentally ill person subject to
hospitalization by court order, the chief clinical officer of the
hospital or agency to which the person is ordered or to which the
person is transferred under section 5122.20 of the Revised Code,
may, except as provided in division (C) of this section, grant a
discharge without the consent or authorization of any court.
Upon discharge, the chief clinical officer shall notify the
court that caused the judicial hospitalization of the discharge
from the hospital.
Sec. 5122.27. The chief clinical officer of the hospital or
his the chief clinical officer's designee shall assure that all
patients hospitalized or committed pursuant to this chapter shall:
(A) Receive, within twenty days of their admission sufficient
professional care to assure that an evaluation of current status,
differential diagnosis, probable prognosis, and description of the
current treatment plan is stated on the official chart;
(B) Have a written treatment plan consistent with the
evaluation, diagnosis, prognosis, and goals which shall be
provided, upon request of the patient or patient's counsel, to the
patient's counsel and to any private physician or licensed
clinical psychologist designated by the patient or his the
patient's counsel or to the legal rights service Ohio protection
and advocacy system;
(C) Receive treatment consistent with the treatment plan. The
department of mental health shall set standards for treatment
provided to such patients, consistent wherever possible with
standards set by the joint commission on accreditation of
healthcare organizations.
(D) Receive periodic reevaluations of the treatment plan by
the professional staff at intervals not to exceed ninety days;
(E) Be provided with adequate medical treatment for physical
disease or injury;
(F) Receive humane care and treatment, including without
limitation, the following:
(1) The least restrictive environment consistent with the
treatment plan;
(2) The necessary facilities and personnel required by the
treatment plan;
(3) A humane psychological and physical environment;
(4) The right to obtain current information concerning his
the patient's treatment program and expectations in terms that he
the patient can reasonably understand;
(5) Participation in programs designed to afford him the
patient substantial opportunity to acquire skills to facilitate
his return to the community or to terminate an involuntary
commitment;
(6) The right to be free from unnecessary or excessive
medication;
(7) Freedom from restraints or isolation unless it is stated
in a written order by the chief clinical officer or his the chief
clinical officer's designee, or the patient's individual physician
or psychologist in a private or general hospital.
(G) Be notified of their rights under the law within
twenty-four hours of admission, according to rules established by
the legal rights service.
If the chief clinical officer of the hospital is unable to
provide the treatment required by divisions (C), (E), and (F) of
this section for any patient hospitalized pursuant to Chapter
5122. of the Revised Code, he the chief clinical officer shall
immediately notify the patient, the court, the legal rights
service Ohio protection and advocacy system, the director of
mental health, and the patient's counsel and legal guardian, if
known. If within ten days after receipt of such notification by
the director, he the director is unable to effect a transfer of
the patient, pursuant to section 5122.20 of the Revised Code, to a
hospital, community mental health agency, or other medical
facility where treatment is available, or has not received an
order of the court to the contrary, the involuntary commitment of
any patient hospitalized pursuant to Chapter 5122. of the Revised
Code and defined as a mentally ill person subject to
hospitalization by court order under division (B)(4) of section
5122.01 of the Revised Code shall automatically be terminated.
Sec. 5122.271. (A) Except as provided in divisions (C), (D),
and (E) of this section, the chief clinical officer or, in a
nonpublic hospital, the attending physician responsible for a
patient's care shall provide all information, including expected
physical and medical consequences, necessary to enable any patient
of a hospital for the mentally ill to give a fully informed,
intelligent, and knowing consent, the opportunity to consult with
independent specialists and counsel, and the right to refuse
consent for any of the following:
(3) Major aversive interventions;
(5) Any unusually hazardous treatment procedures;
(B) No patient shall be subjected to any of the procedures
listed in divisions (A)(4) to (6) of this section until both the
patient's informed, intelligent, and knowing consent and the
approval of the court have been obtained, except that court
approval is not required for a legally competent and voluntary
patient in a nonpublic hospital.
(C) If, after providing the information required under
division (A) of this section to the patient, the chief clinical
officer or attending physician concludes that a patient is
physically or mentally unable to receive the information required
for surgery under division (A)(1) of this section, or has been
adjudicated incompetent, the information may be provided to the
patient's natural or court-appointed guardian, who may give an
informed, intelligent, and knowing written consent.
If a patient is physically or mentally unable to receive the
information required for surgery under division (A)(1) of this
section and has no guardian, the information, the recommendation
of the chief clinical officer, and the concurring judgment of a
licensed physician who is not a full-time employee of the state
may be provided to the court in the county in which the hospital
is located, which may approve the surgery. Before approving the
surgery, the court shall notify the legal rights service Ohio
protection and advocacy system created by section 5123.60 of the
Revised Code, and shall notify the patient of the rights to
consult with counsel, to have counsel appointed by the court if
the patient is indigent, and to contest the recommendation of the
chief clinical officer.
(D) If, in a medical emergency, and after providing the
information required under division (A) of this section to the
patient, it is the judgment of one licensed physician that delay
in obtaining surgery would create a grave danger to the health of
the patient, it may be administered without the consent of the
patient or the patient's guardian if the necessary information is
provided to the patient's spouse or next of kin to enable that
person to give informed, intelligent, and knowing written consent.
If no spouse or next of kin can reasonably be contacted, or if the
spouse or next of kin is contacted, but refuses to consent, the
surgery may be performed upon the written authorization of the
chief clinical officer or, in a nonpublic hospital, upon the
written authorization of the attending physician responsible for
the patient's care, and after the approval of the court has been
obtained. However, if delay in obtaining court approval would
create a grave danger to the life of the patient, the chief
clinical officer or, in a nonpublic hospital, the attending
physician responsible for the patient's care may authorize
surgery, in writing, without court approval. If the surgery is
authorized without court approval, the chief clinical officer or
the attending physician who made the authorization and the
physician who performed the surgery shall each execute an
affidavit describing the circumstances constituting the emergency
and warranting the surgery and the circumstances warranting their
not obtaining prior court approval. The affidavit shall be filed
with the court with which the request for prior approval would
have been filed within five court days after the surgery, and a
copy of the affidavit shall be placed in the patient's file and be
given to the guardian, spouse, or next of kin of the patient, to
the hospital at which the surgery was performed, and to the legal
rights service created by Ohio protection and advocacy system as
defined in section 5123.60 of the Revised Code.
(E) Major aversive interventions shall not be used unless a
patient continues to engage in behavior destructive to self or
others after other forms of therapy have been attempted. Major
aversive interventions may be applied if approved by the director
of mental health. The director of the legal rights service created
by section 5123.60 of the Revised Code shall be notified of any
proposed major aversive intervention prior to review by the
director of mental health. Major aversive interventions shall not
be applied to a voluntary patient without the informed,
intelligent, and knowing written consent of the patient or the
patient's guardian.
(F) Unless there is substantial risk of physical harm to self
or others, or other than under division (D) of this section, this
chapter does not authorize any form of compulsory medical,
psychological, or psychiatric treatment of any patient who is
being treated by spiritual means through prayer alone in
accordance with a recognized religious method of healing without
specific court authorization.
(G) For purposes of this section, "convulsive therapy" does
not include defibrillation.
Sec. 5122.29. All patients hospitalized or committed
pursuant to this chapter have the following rights:
(A) The right to a written list of all rights enumerated in
this chapter, to that person, his that person's legal guardian,
and his that person's counsel. If the person is unable to read,
the list shall be read and explained to him the person.
(B) The right at all times to be treated with consideration
and respect for his the patient's privacy and dignity, including
without limitation, the following:
(1) At the time a person is taken into custody for diagnosis,
detention, or treatment under Chapter 5122. of the Revised Code,
the person taking him that person into custody shall take
reasonable precautions to preserve and safeguard the personal
property in the possession of or on the premises occupied by that
person;
(2) A person who is committed, voluntarily or involuntarily,
shall be given reasonable protection from assault or battery by
any other person.
(C) The right to communicate freely with and be visited at
reasonable times by his the patient's private counsel or personnel
of the legal rights service Ohio protection and advocacy system
and, unless prior court restriction has been obtained, to
communicate freely with and be visited at reasonable times by his
the patient's personal physician or psychologist.
(D) The right to communicate freely with others, unless
specifically restricted in the patient's treatment plan for clear
treatment reasons, including without limitation the following:
(1) To receive visitors at reasonable times;
(2) To have reasonable access to telephones to make and
receive confidential calls, including a reasonable number of free
calls if unable to pay for them and assistance in calling if
requested and needed.
(E) The right to have ready access to letter writing
materials, including a reasonable number of stamps without cost if
unable to pay for them, and to mail and receive unopened
correspondence and assistance in writing if requested and needed.
(F) The right to the following personal privileges consistent
with health and safety:
(1) To wear his the patient's own clothes and maintain
his
the patient's own personal effects;
(2) To be provided an adequate allowance for or allotment of
neat, clean, and seasonable clothing if unable to provide his the
patient's own;
(3) To maintain his the patient's personal appearance
according to his the patient's own personal taste, including head
and body hair;
(4) To keep and use personal possessions, including toilet
articles;
(5) To have access to individual storage space for his the
patient's private use;
(6) To keep and spend a reasonable sum of his the patient's
own money for expenses and small purchases;
(7) To receive and possess reading materials without
censorship, except when the materials create a clear and present
danger to the safety of persons in the facility.
(G) The right to reasonable privacy, including both periods
of privacy and places of privacy.
(H) The right to free exercise of religious worship within
the facility, including a right to services and sacred texts that
are within the reasonable capacity of the facility to supply,
provided that no patient shall be coerced into engaging in any
religious activities.
(I) The right to social interaction with members of either
sex, subject to adequate supervision, unless such social
interaction is specifically withheld under a patient's written
treatment plan for clear treatment reasons.
As used in this section, "clear treatment reasons" means that
permitting the patient to communicate freely with others will
present a substantial risk of physical harm to the patient or
others or will substantially preclude effective treatment of the
patient. If a right provided under this section is restricted or
withheld for clear treatment reasons, the patient's written
treatment plan shall specify the treatment designed to eliminate
the restriction or withholding of the right at the earliest
possible time.
Sec. 5122.31. (A) All certificates, applications, records,
and reports made for the purpose of this chapter and sections
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised
Code, other than court journal entries or court docket entries,
and directly or indirectly identifying a patient or former patient
or person whose hospitalization has been sought under this
chapter, shall be kept confidential and shall not be disclosed by
any person except:
(1) If the person identified, or the person's legal guardian,
if any, or if the person is a minor, the person's parent or legal
guardian, consents, and if the disclosure is in the best interests
of the person, as may be determined by the court for judicial
records and by the chief clinical officer for medical records;
(2) When disclosure is provided for in this chapter or
section 5123.60 5123.601 of the Revised Code;
(3) That hospitals, boards of alcohol, drug addiction, and
mental health services, and community mental health agencies may
release necessary medical information to insurers and other
third-party payers, including government entities responsible for
processing and authorizing payment, to obtain payment for goods
and services furnished to the patient;
(4) Pursuant to a court order signed by a judge;
(5) That a patient shall be granted access to the patient's
own psychiatric and medical records, unless access specifically is
restricted in a patient's treatment plan for clear treatment
reasons;
(6) That hospitals and other institutions and facilities
within the department of mental health may exchange psychiatric
records and other pertinent information with other hospitals,
institutions, and facilities of the department, and with community
mental health agencies and boards of alcohol, drug addiction, and
mental health services with which the department has a current
agreement for patient care or services. Records and information
that may be released pursuant to this division shall be limited to
medication history, physical health status and history, financial
status, summary of course of treatment in the hospital, summary of
treatment needs, and a discharge summary, if any.
(7) That hospitals within the department, other institutions
and facilities within the department, hospitals licensed by the
department under section 5119.20 of the Revised Code, and
community mental health agencies may exchange psychiatric records
and other pertinent information with payers and other providers of
treatment and health services if the purpose of the exchange is to
facilitate continuity of care for a patient;
(8) That a patient's family member who is involved in the
provision, planning, and monitoring of services to the patient may
receive medication information, a summary of the patient's
diagnosis and prognosis, and a list of the services and personnel
available to assist the patient and the patient's family, if the
patient's treating physician determines that the disclosure would
be in the best interests of the patient. No such disclosure shall
be made unless the patient is notified first and receives the
information and does not object to the disclosure.
(9) That community mental health agencies may exchange
psychiatric records and certain other information with the board
of alcohol, drug addiction, and mental health services and other
agencies in order to provide services to a person involuntarily
committed to a board. Release of records under this division shall
be limited to medication history, physical health status and
history, financial status, summary of course of treatment, summary
of treatment needs, and discharge summary, if any.
(10) That information may be disclosed to the executor or the
administrator of an estate of a deceased patient when the
information is necessary to administer the estate;
(11) That records in the possession of the Ohio historical
society may be released to the closest living relative of a
deceased patient upon request of that relative;
(12) That information may be disclosed to staff members of
the appropriate board or to staff members designated by the
director of mental health for the purpose of evaluating the
quality, effectiveness, and efficiency of services and determining
if the services meet minimum standards. Information obtained
during such evaluations shall not be retained with the name of any
patient.
(13) That records pertaining to the patient's diagnosis,
course of treatment, treatment needs, and prognosis shall be
disclosed and released to the appropriate prosecuting attorney if
the patient was committed pursuant to section 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the
attorney designated by the board for proceedings pursuant to
involuntary commitment under this chapter.
(14) That the department of mental health may exchange
psychiatric hospitalization records, other mental health treatment
records, and other pertinent information with the department of
rehabilitation and correction to ensure continuity of care for
inmates who are receiving mental health services in an institution
of the department of rehabilitation and correction. The department
shall not disclose those records unless the inmate is notified,
receives the information, and does not object to the disclosure.
The release of records under this division is limited to records
regarding an inmate's medication history, physical health status
and history, summary of course of treatment, summary of treatment
needs, and a discharge summary, if any.
(15) That a community mental health agency that ceases to
operate may transfer to either a community mental health agency
that assumes its caseload or to the board of alcohol, drug
addiction, and mental health services of the service district in
which the patient resided at the time services were most recently
provided any treatment records that have not been transferred
elsewhere at the patient's request.
(B) Before records are disclosed pursuant to divisions
(A)(3), (6), (7), and (9) of this section, the custodian of the
records shall attempt to obtain the patient's consent for the
disclosure. No person shall reveal the contents of a medical
record of a patient except as authorized by law.
(C) The managing officer of a hospital who releases necessary
medical information under division (A)(3) of this section to allow
an insurance carrier or other third party payor to comply with
section 5121.43 of the Revised Code shall neither be subject to
criminal nor civil liability.
Sec. 5122.32. (A) As used in this section:
(1) "Quality assurance committee" means a committee that is
appointed in the central office of the department of mental health
by the director of mental health, a committee of a hospital or
community setting program, a committee established pursuant to
section 5119.47 of the Revised Code of the department of mental
health appointed by the managing officer of the hospital or
program, or a duly authorized subcommittee of a committee of that
nature and that is designated to carry out quality assurance
program activities.
(2) "Quality assurance program" means a comprehensive program
within the department of mental health to systematically review
and improve the quality of medical and mental health services
within the department and its hospitals and community setting
programs, the safety and security of persons receiving medical and
mental health services within the department and its hospitals and
community setting programs, and the efficiency and effectiveness
of the utilization of staff and resources in the delivery of
medical and mental health services within the department and its
hospitals and community setting programs. "Quality assurance
program" includes the central office quality assurance committees,
morbidity and mortality review committees, quality assurance
programs of community setting programs, quality assurance
committees of hospitals operated by the department of mental
health, and the office of licensure and certification of the
department.
(3) "Quality assurance program activities" include collecting
or compiling information and reports required by a quality
assurance committee, receiving, reviewing, or implementing the
recommendations made by a quality assurance committee, and
credentialing, privileging, infection control, tissue review, peer
review, utilization review including access to patient care
records, patient care assessment records, and medical and mental
health records, medical and mental health resource management,
mortality and morbidity review, and identification and prevention
of medical or mental health incidents and risks, whether performed
by a quality assurance committee or by persons who are directed by
a quality assurance committee.
(4) "Quality assurance records" means the proceedings,
discussion, records, findings, recommendations, evaluations,
opinions, minutes, reports, and other documents or actions that
emanate from quality assurance committees, quality assurance
programs, or quality assurance program activities. "Quality
assurance records" does not include aggregate statistical
information that does not disclose the identity of persons
receiving or providing medical or mental health services in
department of mental health institutions.
(B)(1) Except as provided in division (E) of this section,
quality assurance records are confidential and are not public
records under section 149.43 of the Revised Code, and shall be
used only in the course of the proper functions of a quality
assurance program.
(2) Except as provided in division (E) of this section, no
person who possesses or has access to quality assurance records
and who knows that the records are quality assurance records shall
willfully disclose the contents of the records to any person or
entity.
(C)(1) Except as provided in division (E) of this section, no
quality assurance record shall be subject to discovery in, and is
not admissible in evidence, in any judicial or administrative
proceeding.
(2) Except as provided in division (E) of this section, no
member of a quality assurance committee or a person who is
performing a function that is part of a quality assurance program
shall be permitted or required to testify in a judicial or
administrative proceeding with respect to quality assurance
records or with respect to any finding, recommendation,
evaluation, opinion, or other action taken by the committee,
member, or person.
(3) Information, documents, or records otherwise available
from original sources are not to be construed as being unavailable
for discovery or admission in evidence in a judicial or
administrative proceeding merely because they were presented to a
quality assurance committee. No person testifying before a quality
assurance committee or person who is a member of a quality
assurance committee shall be prevented from testifying as to
matters within the person's knowledge, but the witness cannot be
asked about the witness' testimony before the quality assurance
committee or about an opinion formed by the person as a result of
the quality assurance committee proceedings.
(D)(1) A person who, without malice and in the reasonable
belief that the information is warranted by the facts known to the
person, provides information to a person engaged in quality
assurance program activities is not liable for damages in a civil
action for injury, death, or loss to person or property to any
person as a result of providing the information.
(2) A member of a quality assurance committee, a person
engaged in quality assurance program activities, and an employee
of the department of mental health shall not be liable in damages
in a civil action for injury, death, or loss to person or property
to any person for any acts, omissions, decisions, or other conduct
within the scope of the functions of the quality assurance
program.
(3) Nothing in this section shall relieve any institution or
individual from liability arising from the treatment of a patient.
(E) Quality assurance records may be disclosed, and testimony
may be provided concerning quality assurance records, only to the
following persons or entities:
(1) Persons who are employed or retained by the department of
mental health and who have authority to evaluate or implement the
recommendations of a state-operated hospital, community setting
program, or central office quality assurance committee;
(2) Public or private agencies or organizations if needed to
perform a licensing or accreditation function related to
department of mental health hospitals or community setting
programs, or to perform monitoring of a hospital or program of
that nature as required by law.
(F) A disclosure of quality assurance records pursuant to
division (E) of this section does not otherwise waive the
confidential and privileged status of the disclosed quality
assurance records.
(G) Nothing in this section shall limit the access of the
legal rights service Ohio protection and advocacy system to
records or personnel as set forth in sections 5123.60 to 5123.604
required under section 5123.601 of the Revised Code. Nothing in
this section shall limit the admissibility of documentary or
testimonial evidence in an action brought by the legal rights
service Ohio protection and advocacy system in its own name or on
behalf of a client.
Sec. 5122.341. (A) As used in this section:
(1) "Facility or agency" means, in the context of a person
committed to the department of mental health under sections
2945.37 to 2945.402 of the Revised Code, any entity in which the
department of mental health places such a person.
(2) "Person committed to the department" means a person
committed to the department of mental health under sections
2945.37 to 2945.402 of the Revised Code.
(B) No member of a board of directors, or employee, of a
facility or agency in which the department of mental health places
a person committed to the department is liable for injury or
damages caused by any action or inaction taken within the scope of
the board member's official duties or employee's employment
relating to the commitment of, and services provided to, the
person committed to the department, unless the action or inaction
constitutes willful or wanton misconduct. A board member's or
employee's action or inaction does not constitute willful or
wanton misconduct if the board member or employee acted in good
faith and reasonably under the circumstances and with the
knowledge reasonably attributable to the board member or employee.
The immunity from liability conferred by this section is in
addition to and not in limitation of any immunity conferred by any
other section of the Revised Code or by judicial precedent.
Sec. 5123.01. As used in this chapter:
(A) "Chief medical officer" means the licensed physician
appointed by the managing officer of an institution for the
mentally retarded with the approval of the director of
developmental disabilities to provide medical treatment for
residents of the institution.
(B) "Chief program director" means a person with special
training and experience in the diagnosis and management of the
mentally retarded, certified according to division (C) of this
section in at least one of the designated fields, and appointed by
the managing officer of an institution for the mentally retarded
with the approval of the director to provide habilitation and care
for residents of the institution.
(C) "Comprehensive evaluation" means a study, including a
sequence of observations and examinations, of a person leading to
conclusions and recommendations formulated jointly, with
dissenting opinions if any, by a group of persons with special
training and experience in the diagnosis and management of persons
with mental retardation or a developmental disability, which group
shall include individuals who are professionally qualified in the
fields of medicine, psychology, and social work, together with
such other specialists as the individual case may require.
(D) "Education" means the process of formal training and
instruction to facilitate the intellectual and emotional
development of residents.
(E) "Habilitation" means the process by which the staff of
the institution assists the resident in acquiring and maintaining
those life skills that enable the resident to cope more
effectively with the demands of the resident's own person and of
the resident's environment and in raising the level of the
resident's physical, mental, social, and vocational efficiency.
Habilitation includes but is not limited to programs of formal,
structured education and training.
(F) "Health officer" means any public health physician,
public health nurse, or other person authorized or designated by a
city or general health district.
(G) "Home and community-based services" means medicaid-funded
home and community-based services specified in division (B)(1) of
section 5111.87 of the Revised Code provided under the medicaid
waiver components the department of developmental disabilities
administers pursuant to section 5111.871 of the Revised Code.
However, home and community-based services provided under the
medicaid waiver component known as the transitions developmental
disabilities waiver are to be considered to be home and
community-based services for the purposes of this chapter only to
the extent, if any, provided by the contract required by section
5111.871 of the Revised Code regarding the waiver.
(H) "Indigent person" means a person who is unable, without
substantial financial hardship, to provide for the payment of an
attorney and for other necessary expenses of legal representation,
including expert testimony.
(I) "Institution" means a public or private facility, or a
part of a public or private facility, that is licensed by the
appropriate state department and is equipped to provide
residential habilitation, care, and treatment for the mentally
retarded.
(J) "Licensed physician" means a person who holds a valid
certificate issued under Chapter 4731. of the Revised Code
authorizing the person to practice medicine and surgery or
osteopathic medicine and surgery, or a medical officer of the
government of the United States while in the performance of the
officer's official duties.
(K) "Managing officer" means a person who is appointed by the
director of developmental disabilities to be in executive control
of an institution for the mentally retarded under the jurisdiction
of the department.
(L) "Medicaid" has the same meaning as in section 5111.01 of
the Revised Code.
(M) "Medicaid case management services" means case management
services provided to an individual with mental retardation or
other developmental disability that the state medicaid plan
requires.
(N) "Mentally retarded person" means a person having
significantly subaverage general intellectual functioning existing
concurrently with deficiencies in adaptive behavior, manifested
during the developmental period.
(O) "Mentally retarded person subject to institutionalization
by court order" means a person eighteen years of age or older who
is at least moderately mentally retarded and in relation to whom,
because of the person's retardation, either of the following
conditions exist:
(1) The person represents a very substantial risk of physical
impairment or injury to self as manifested by evidence that the
person is unable to provide for and is not providing for the
person's most basic physical needs and that provision for those
needs is not available in the community;
(2) The person needs and is susceptible to significant
habilitation in an institution.
(P) "A person who is at least moderately mentally retarded"
means a person who is found, following a comprehensive evaluation,
to be impaired in adaptive behavior to a moderate degree and to be
functioning at the moderate level of intellectual functioning in
accordance with standard measurements as recorded in the most
current revision of the manual of terminology and classification
in mental retardation published by the American association on
mental retardation.
(Q) As used in this division, "substantial functional
limitation," "developmental delay," and "established risk" have
the meanings established pursuant to section 5123.011 of the
Revised Code.
"Developmental disability" means a severe, chronic disability
that is characterized by all of the following:
(1) It is attributable to a mental or physical impairment or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code.
(2) It is manifested before age twenty-two.
(3) It is likely to continue indefinitely.
(4) It results in one of the following:
(a) In the case of a person under three years of age, at
least one developmental delay or an established risk;
(b) In the case of a person at least three years of age but
under six years of age, at least two developmental delays or an
established risk;
(c) In the case of a person six years of age or older, a
substantial functional limitation in at least three of the
following areas of major life activity, as appropriate for the
person's age: self-care, receptive and expressive language,
learning, mobility, self-direction, capacity for independent
living, and, if the person is at least sixteen years of age,
capacity for economic self-sufficiency.
(5) It causes the person to need a combination and sequence
of special, interdisciplinary, or other type of care, treatment,
or provision of services for an extended period of time that is
individually planned and coordinated for the person.
(R) "Developmentally disabled person" means a person with a
developmental disability.
(S) "State institution" means an institution that is
tax-supported and under the jurisdiction of the department.
(T) "Residence" and "legal residence" have the same meaning
as "legal settlement," which is acquired by residing in Ohio for a
period of one year without receiving general assistance prior to
July 17, 1995, under former Chapter 5113. of the Revised Code,
financial assistance under Chapter 5115. of the Revised Code, or
assistance from a private agency that maintains records of
assistance given. A person having a legal settlement in the state
shall be considered as having legal settlement in the assistance
area in which the person resides. No adult person coming into this
state and having a spouse or minor children residing in another
state shall obtain a legal settlement in this state as long as the
spouse or minor children are receiving public assistance, care, or
support at the expense of the other state or its subdivisions. For
the purpose of determining the legal settlement of a person who is
living in a public or private institution or in a home subject to
licensing by the department of job and family services, the
department of mental health, or the department of developmental
disabilities, the residence of the person shall be considered as
though the person were residing in the county in which the person
was living prior to the person's entrance into the institution or
home. Settlement once acquired shall continue until a person has
been continuously absent from Ohio for a period of one year or has
acquired a legal residence in another state. A woman who marries a
man with legal settlement in any county immediately acquires the
settlement of her husband. The legal settlement of a minor is that
of the parents, surviving parent, sole parent, parent who is
designated the residential parent and legal custodian by a court,
other adult having permanent custody awarded by a court, or
guardian of the person of the minor, provided that:
(1) A minor female who marries shall be considered to have
the legal settlement of her husband and, in the case of death of
her husband or divorce, she shall not thereby lose her legal
settlement obtained by the marriage.
(2) A minor male who marries, establishes a home, and who has
resided in this state for one year without receiving general
assistance prior to July 17, 1995, under former Chapter 5113. of
the Revised Code, financial assistance under Chapter 5115. of the
Revised Code, or assistance from a private agency that maintains
records of assistance given shall be considered to have obtained a
legal settlement in this state.
(3) The legal settlement of a child under eighteen years of
age who is in the care or custody of a public or private child
caring agency shall not change if the legal settlement of the
parent changes until after the child has been in the home of the
parent for a period of one year.
No person, adult or minor, may establish a legal settlement
in this state for the purpose of gaining admission to any state
institution.
(U)(1) "Resident" means, subject to division (R)(2) of this
section, a person who is admitted either voluntarily or
involuntarily to an institution or other facility pursuant to
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code subsequent to a finding of not guilty by reason of insanity
or incompetence to stand trial or under this chapter who is under
observation or receiving habilitation and care in an institution.
(2) "Resident" does not include a person admitted to an
institution or other facility under section 2945.39, 2945.40,
2945.401, or 2945.402 of the Revised Code to the extent that the
reference in this chapter to resident, or the context in which the
reference occurs, is in conflict with any provision of sections
2945.37 to 2945.402 of the Revised Code.
(V) "Respondent" means the person whose detention,
commitment, or continued commitment is being sought in any
proceeding under this chapter.
(W) "Working day" and "court day" mean Monday, Tuesday,
Wednesday, Thursday, and Friday, except when such day is a legal
holiday.
(X) "Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
who prosecuted a criminal case in which a person was found not
guilty by reason of insanity, who would have had the authority to
prosecute a criminal case against a person if the person had not
been found incompetent to stand trial, or who prosecuted a case in
which a person was found guilty.
(Y) "Court" means the probate division of the court of common
pleas.
(Z) "Supported living" has and "residential services" have
the same meaning meanings as in section 5126.01 of the Revised
Code.
Sec. 5123.0413. The department of developmental
disabilities, in consultation with the department of job and
family services, office of budget and management, and county
boards of developmental disabilities, shall adopt rules in
accordance with Chapter 119. of the Revised Code to establish both
of the following in the event a county property tax levy for
services for individuals with mental retardation or other
developmental disability fails:
(A) A method of paying for home and community-based services;
(B) A method of reducing the number of individuals a county
board would otherwise be required by section 5126.0512 of the
Revised Code to ensure are enrolled in a medicaid waiver component
under which home and community-based services are provided.
Sec. 5123.0417. (A) The director of developmental
disabilities shall establish one or more programs for individuals
under twenty-one twenty-two years of age who have intensive
behavioral needs, including such individuals with a primary
diagnosis of autism spectrum disorder. The programs may include
one or more medicaid waiver components that the director
administers pursuant to section 5111.871 of the Revised Code. The
programs may do one or more of the following:
(1) Establish models that incorporate elements common to
effective intervention programs and evidence-based practices in
services for children with intensive behavioral needs;
(2) Design a template for individualized education plans and
individual service plans that provide consistent intervention
programs and evidence-based practices for the care and treatment
of children with intensive behavioral needs;
(3) Disseminate best practice guidelines for use by families
of children with intensive behavioral needs and professionals
working with such families;
(4) Develop a transition planning model for effectively
mainstreaming school-age children with intensive behavioral needs
to their public school district;
(5) Contribute to the field of early and effective
identification and intervention programs for children with
intensive behavioral needs by providing financial support for
scholarly research and publication of clinical findings.
(B) The director of developmental disabilities shall
collaborate with the director of job and family services and
consult with the executive director of the Ohio center for autism
and low incidence and university-based programs that specialize in
services for individuals with developmental disabilities when
establishing programs under this section.
Sec. 5123.0418. (A) In addition to other authority granted
the director of developmental disabilities for use of funds
appropriated to the department of developmental disabilities, the
director may use such funds for the following purposes:
(1) All of the following to assist persons with mental
retardation or a developmental disability remain in the community
and avoid institutionalization:
(a) Behavioral and short-term interventions;
(b) Residential services;
(2) Respite care services;
(3) Staff training to help the following personnel serve
persons with mental retardation or a developmental disability in
the community:
(a) Employees of, and personnel under contract with, county
boards of developmental disabilities;
(b) Employees of providers of supported living;
(c) Employees of providers of residential services;
(d) Other personnel the director identifies.
(B) The director may establish priorities for using funds for
the purposes specified in division (A) of this section. The
director shall use the funds in a manner consistent with the
appropriations that authorize the director to use the funds and
all other state and federal laws governing the use of the funds.
Sec. 5123.0419. (A) The director of developmental
disabilities may establish an interagency workgroup on autism. The
purpose of the workgroup shall be to improve the coordination of
the state's efforts to address the service needs of individuals
with autism spectrum disorders and the families of those
individuals. In fulfilling this purpose, the director may enter
into interagency agreements with the government entities
represented by the members of the workgroup. The agreements may
specify any or all of the following:
(1) The roles and responsibilities of government entities
that enter into the agreements;
(2) Procedures regarding the receipt, transfer, and
expenditure of funds necessary to achieve the goals of the
workgroup;
(3) The projects to be undertaken and activities to be
performed by the government entities that enter into the
agreements.
(B) Money received from government entities represented by
the members of the workgroup shall be deposited into the state
treasury to the credit of the interagency workgroup on autism
fund, which is hereby created in the state treasury. Money
credited to the fund shall be used by the department of
developmental disabilities solely to support the activities of the
workgroup.
Sec. 5123.0420. (A) The director of developmental
disabilities may authorize the implementation of one or more
innovative pilot projects that, in the judgment of the director,
are likely to assist in promoting the objectives of this chapter
or Chapter 5126. of the Revised Code. Subject to division (B) of
this section and notwithstanding any provision of this chapter and
Chapter 5126. of the Revised Code, the director's authorization
may permit a pilot project to be implemented in a manner
inconsistent with one or more provisions of this chapter, Chapter
5126. of the Revised Code, or a rule adopted under either chapter.
The director shall specify the period of time for which a pilot
project is to be implemented. This period shall include a
reasonable period of time for an evaluation of the pilot project's
effectiveness.
(B) The director may not authorize a pilot project to be
implemented in a manner that would cause the state to be out of
compliance with any requirements for a program funded in whole or
in part with federal funds.
Sec. 5123.051. (A) If the department of developmental
disabilities determines pursuant to an audit conducted under
section 5123.05 of the Revised Code or a reconciliation conducted
under section 5123.18 of the Revised Code that money is owed the
state by a provider of a service or program, the department may
enter into a payment agreement with the provider. The agreement
shall include the following:
(1) A schedule of installment payments whereby the money owed
the state is to be paid in full within a period not to exceed one
year;
(2) A provision that the provider may pay the entire balance
owed at any time during the term of the agreement;
(3) A provision that if any installment is not paid in full
within forty-five days after it is due, the entire balance owed is
immediately due and payable;
(4) Any other terms and conditions that are agreed to by the
department and the provider.
(B) The department may include a provision in a payment
agreement that requires the provider to pay interest on the money
owed the state. The department, in its discretion, shall determine
whether to require the payment of interest and, if it so requires,
the rate of interest. Neither the obligation to pay interest nor
the rate of interest is subject to negotiation between the
department and the provider.
(C) If the provider fails to pay any installment in full
within forty-five days after its due date, the department shall
certify the entire balance owed to the attorney general for
collection under section 131.02 of the Revised Code. The
department may withhold funds from payments made to a provider
under section 5123.18 of the Revised Code to satisfy a judgment
secured by the attorney general.
(D) The purchase of service fund is hereby created. Money
credited to the fund shall be used solely for purposes of section
5123.05 of the Revised Code.
Sec. 5123.092. (A) There is hereby established at each
institution and branch institution under the control of the
department of developmental disabilities a citizen's advisory
council consisting of thirteen members. At least seven of the
members shall be persons who are not providers of mental
retardation services. Each council shall include parents or other
relatives of residents of institutions under the control of the
department, community leaders, professional persons in relevant
fields, and persons who have an interest in or knowledge of mental
retardation. The managing officer of the institution shall be a
nonvoting member of the council.
(B) The director of developmental disabilities shall be the
appointing authority for the voting members of each citizen's
advisory council. Each time the term of a voting member expires,
the remaining members of the council shall recommend to the
director one or more persons to serve on the council. The director
may accept a nominee of the council or reject the nominee or
nominees. If the director rejects the nominee or nominees, the
remaining members of the advisory council shall further recommend
to the director one or more other persons to serve on the advisory
council. This procedure shall continue until a member is appointed
to the advisory council.
Each advisory council shall elect from its appointed members
a chairperson, vice-chairperson, and a secretary to serve for
terms of one year. Advisory council officers shall not serve for
more than two consecutive terms in the same office. A majority of
the advisory council members constitutes a quorum.
(C) Terms of office shall be for three years, each term
ending on the same day of the same month of the year as did the
term which it succeeds. No member shall serve more than two
consecutive terms, except that any former member may be appointed
if one year or longer has elapsed since the member served two
consecutive terms. Each member shall hold office from the date of
appointment until the end of the term for which the member was
appointed. Any vacancy shall be filled in the same manner in which
the original appointment was made, and the appointee to a vacancy
in an unexpired term shall serve the balance of the term of the
original appointee. Any member shall continue in office subsequent
to the expiration date of the member's term until the member's
successor takes office, or until a period of sixty days has
elapsed, whichever occurs first.
(D) Members shall be expected to attend all meetings of the
advisory council. Unexcused absence from two successive regularly
scheduled meetings shall be considered prima-facie evidence of
intent not to continue as a member. The chairperson of the board
shall, after a member has been absent for two successive regularly
scheduled meetings, direct a letter to the member asking if the
member wishes to remain in membership. If an affirmative reply is
received, the member shall be retained as a member except that,
if, after having expressed a desire to remain a member, the member
then misses a third successive regularly scheduled meeting without
being excused, the chairperson shall terminate the member's
membership.
(E) A citizen's advisory council shall meet six times
annually, or more frequently if three council members request the
chairperson to call a meeting. The council shall keep minutes of
each meeting and shall submit them to the managing officer of the
institution with which the council is associated, and the
department of developmental disabilities, and the legal rights
service.
(F) Members of citizen's advisory councils shall receive no
compensation for their services, except that they shall be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties by the institution with which
they are associated from funds allocated to it, provided that
reimbursement for those expenses shall not exceed limits imposed
upon the department of developmental disabilities by
administrative rules regulating travel within this state.
(G) The councils shall have reasonable access to all patient
treatment and living areas and records of the institution, except
those records of a strictly personal or confidential nature. The
councils shall have access to a patient's personal records with
the consent of the patient or the patient's legal guardian or, if
the patient is a minor, with the consent of the parent or legal
guardian of the patient.
(H) As used in this section, "branch institution" means a
facility that is located apart from an institution and is under
the control of the managing officer of the institution.
Sec. 5123.171. As used in this section, "respite care" means
appropriate, short-term, temporary care provided to a mentally
retarded or developmentally disabled person to sustain the family
structure or to meet planned or emergency needs of the family.
The department of developmental disabilities shall provide
respite care services to persons with mental retardation or a
developmental disability for the purpose of promoting
self-sufficiency and normalization, preventing or reducing
inappropriate institutional care, and furthering the unity of the
family by enabling the family to meet the special needs of a
mentally retarded or developmentally disabled person.
In order to be eligible for respite care services under this
section, the mentally retarded or developmentally disabled person
must be in need of habilitation services as defined in section
5126.01 of the Revised Code.
Respite care may be provided in a facility licensed under
section 5123.19 of the Revised Code or certified as an
intermediate care facility for the mentally retarded under Title
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended, or certified as a respite care home under section
5126.05 of the Revised Code.
The department shall develop a system for locating vacant
beds that are available for respite care and for making
information on vacant beds available to users of respite care
services. Facilities certified as intermediate care facilities for
the mentally retarded and facilities holding contracts with the
department for the provision of residential services under section
5123.18 of the Revised Code shall report vacant beds to the
department but shall not be required to accept respite care
clients.
The director of developmental disabilities shall adopt, and
may amend or rescind, rules in accordance with Chapter 119. of the
Revised Code for both of the following:
(A) Certification by county boards of developmental
disabilities of respite care homes;
(B) Provision of respite care services authorized by this
section. Rules adopted under this division shall establish all of
the following:
(1) A formula for distributing funds appropriated for respite
care services;
(2) Standards for supervision, training and quality control
in the provision of respite care services;
(3) Eligibility criteria for emergency respite care services.
Sec. 5123.18. (A) As used in this section:
(1) "Contractor" means a person or government agency that
enters into a contract with the department of developmental
disabilities under this section.
(2) "Government agency" means a state agency as defined in
section 117.01 of the Revised Code or a similar agency of a
political subdivision of the state.
(3) "Residential services" means the services necessary for
an individual with mental retardation or a developmental
disability to live in the community, including room and board,
clothing, transportation, personal care, habilitation,
supervision, and any other services the department considers
necessary for the individual to live in the community.
(B)(1) The department of developmental disabilities may enter
into a contract with a person or government agency to provide
residential services to individuals with mental retardation or
developmental disabilities in need of residential services.
Contracts for residential services shall be of the following
types:
(a) Companion home contracts - contracts under which the
contractor is an individual, the individual is the primary
caregiver, and the individual owns or leases and resides in the
home in which the services are provided.
(b) Agency-operated companion home contracts - contracts
under which the contractor subcontracts, for purposes of
coordinating the provision of residential services, with one or
more individuals who are primary caregivers and own or lease and
reside in the homes in which the services are provided.
(c) Community home contracts - contracts for residential
services under which the contractor owns or operates a home that
is used solely to provide residential services.
(d) Combined agency-operated companion home and community
home contracts.
(2) A companion home contract shall cover not more than one
home. An agency-operated companion home contract or a community
home contract may cover more than one home.
(C) Contracts shall be in writing and shall provide for
payment to be made to the contractor at the times agreed to by the
department and the contractor. Each contract shall specify the
period during which it is valid, the amount to be paid for
residential services, and the number of individuals for whom
payment will be made. Contracts may be renewed.
(D) services. To be eligible to enter into a contract with
the department under this section, the a person or government
agency entity and the home in which the residential services are
provided must meet all applicable standards for licensing or
certification by the appropriate government agency entity. In
addition, if the residential facility is operated as a nonprofit
entity, the members of the board of trustees or board of directors
of the facility must not have a financial interest in or receive
financial benefit from the facility, other than reimbursement for
actual expenses incurred in attending board meetings.
(E)(1) The department shall determine the payment amount
assigned to an initial contract. To the extent that the department
determines sufficient funds are available, the payment amount
assigned to an initial contract shall be equal to the average
amount assigned to contracts for other homes that are of the same
type and size and serve individuals with similar needs, except
that if an initial contract is the result of a change of
contractor or ownership, the payment amount assigned to the
contract shall be the lesser of the amount assigned to the
previous contract or the contract's total adjusted predicted
funding need calculated under division (I) of this section.
(2) A renewed contract shall be assigned a payment amount in
accordance with division (K) of this section.
(3) When a contractor relocates a home to another site at
which residential services are provided to the same individuals,
the payment amount assigned to the contract for the new home shall
be the payment amount assigned to the contract at the previous
location.
(F)(1) Annually, a contractor shall complete an assessment of
each individual to whom the contractor provides residential
services to predict the individual's need for routine direct
services staff. The department shall establish by rule adopted in
accordance with Chapter 119. of the Revised Code the assessment
instrument to be used by contractors to make assessments.
Assessments shall be submitted to the department not later than
the thirty-first day of January of each year.
A contractor shall submit a revised assessment for an
individual if there is a substantial, long-term change in the
nature of the individual's needs. A contractor shall submit
revised assessments for all individuals receiving residential
services if there is a change in the composition of the home's
residents.
(2) Annually, a contractor shall submit a cost report to the
department specifying the costs incurred in providing residential
services during the immediately preceding calendar year. Only
costs actually incurred by a contractor shall be reported on a
cost report. Cost reports shall be prepared according to a uniform
chart of accounts approved by the department and shall be
submitted on forms prescribed by the department.
(3) The department shall not renew the contract held by a
contractor who fails to submit the assessments or cost reports
required under this division.
(4) The department shall adopt rules as necessary regarding
the submission of assessments and cost reports under this
division. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.
(G) Prior to renewing a contract entered into under this
section, the department shall compute the contract's total
predicted funding need and total adjusted predicted funding need.
The department shall also compute the contract's unmet funding
need if the payment amount assigned to the contract is less than
the total adjusted predicted funding need. The results of these
calculations shall be used to determine the payment amount
assigned to the renewed contract.
(H)(1) A contract's total predicted funding need is an amount
equal to the sum of the predicted funding needs for the following
cost categories:
(a) Routine direct services staff;
(b) Dietary, program supplies, and specialized staff;
(c) Facility and general services;
(2) Based on the assessments submitted by the contractor, the
department shall compute the contract's predicted funding need for
the routine direct services staff cost category by multiplying the
number of direct services staff predicted to be necessary for the
home by the sum of the following:
(a) Entry level wages paid during the immediately preceding
cost reporting period to comparable staff employed by the county
board of developmental disabilities of the county in which the
home is located;
(b) Fringe benefits and payroll taxes as determined by the
department using state civil service statistics from the same
period as the cost reporting period.
(3) The department shall establish by rule adopted in
accordance with Chapter 119. of the Revised Code the method to be
used to compute the predicted funding need for the dietary,
program supplies, and specialized staff cost category; the
facility and general services cost category; and the
administration cost category. The rules shall not establish a
maximum amount that may be attributed to the dietary, program
supplies, and specialized staff cost category. The rules shall
establish a process for determining the combined maximum amount
that may be attributed to the facility and general services cost
category and the administration cost category.
(I)(1) A contract's total adjusted predicted funding need is
the contract's total predicted funding need with adjustments made
for the following:
(a) Inflation, as provided under division (I)(2) of this
section;
(b) The predicted cost of complying with new requirements
established under federal or state law that were not taken into
consideration when the total predicted funding need was computed;
(c) Changes in needs based on revised assessments submitted
by the contractor.
(2) In adjusting the total predicted funding need for
inflation, the department shall use either the consumer price
index compound annual inflation rate calculated by the United
States department of labor for all items or another index or
measurement of inflation designated in rules that the department
shall adopt in accordance with Chapter 119. of the Revised Code.
When a contract is being renewed for the first time, and the
contract is to begin on the first day of July, the inflation
adjustment applied to the contract's total predicted funding need
shall be the estimated rate of inflation for the calendar year in
which the contract is renewed. If the consumer price index is
being used, the department shall base its estimate on the rate of
inflation calculated for the three-month period ending the
thirty-first day of March of that calendar year. If another index
or measurement is being used, the department shall base its
estimate on the most recent calculations of the rate of inflation
available under the index or measurement. Each year thereafter,
the inflation adjustment shall be estimated in the same manner,
except that if the estimated rate of inflation for a year is
different from the actual rate of inflation for that year, the
difference shall be added to or subtracted from the rate of
inflation estimated for the next succeeding year.
If a contract begins at any time other than July first, the
inflation adjustment applied to the contract's total predicted
funding need shall be determined by a method comparable to that
used for contracts beginning July first. The department shall
adopt rules in accordance with Chapter 119. of the Revised Code
establishing the method to be used.
(J) A contract's unmet funding need is the difference between
the payment amount assigned to the contract and the total adjusted
predicted funding need, if the payment amount assigned is less
than the total adjusted predicted funding need.
(K) The payment amount to be assigned to a contract being
renewed shall be determined by comparing the total adjusted
predicted funding need with the payment amount assigned to the
current contract.
(1) If the payment amount assigned to the current contract
equals or exceeds the total adjusted predicted funding need, the
payment amount assigned to the renewed contract shall be the same
as that assigned to the current contract, unless a reduction is
made pursuant to division (L) of this section.
(2) If the payment amount assigned to the current contract is
less than the total adjusted predicted funding need, the payment
amount assigned to the renewed contract shall be increased if the
department determines that funds are available for such increases.
The amount of a contract's increase shall be the same percentage
of the available funds that the contract's unmet funding need is
of the total of the unmet funding need for all contracts.
(L) When renewing a contract provided for in division (B) of
this section other than a companion home contract, the department
may reduce the payment amount assigned to a renewed contract if
the sum of the contractor's allowable reported costs and the
maximum efficiency incentive is less than ninety-one and one-half
per cent of the amount received pursuant to this section during
the immediately preceding contract year.
The department shall adopt rules in accordance with Chapter
119. of the Revised Code establishing a formula to be used in
computing the maximum efficiency incentive, which shall be at
least four per cent of the weighted average payment amount to be
made to all contractors during the contract year. The maximum
efficiency incentive shall be computed annually.
(M) The department may increase the payment amount assigned
to a contract based on the contract's unmet funding need at times
other than when the contract is renewed. The department may
develop policies for determining priorities in making such
increases.
(N)(1) In addition to the contracts provided for in division
(B) of this section, the department may enter into the following
contracts:
(a) A contract to pay the cost of beginning operation of a
new home that is to be funded under a companion home contract,
agency-operated companion home contract, community home contract,
or combined agency-operated companion home and community home
contract.
(b) A contract to pay the cost associated with increasing the
number of individuals served by a home funded under a companion
home contract, agency-operated companion home contract, community
home contract, or combined agency-operated companion home and
community home contract.
(2) The department shall adopt rules as necessary regarding
contracts entered into under this division. The rules shall be
adopted in accordance with Chapter 119. of the Revised Code.
(O) Except for companion home contracts, the department shall
conduct a reconciliation of the amount earned under a contract and
the actual costs incurred by the contractor. An amount is
considered to have been earned for delivering a service at the
time the service is delivered. The department shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing
procedures for conducting reconciliations.
A reconciliation shall be based on the annual cost report
submitted by the contractor. If a reconciliation reveals that a
contractor owes money to the state, the amount owed shall be
collected in accordance with section 5123.051 of the Revised Code.
When conducting reconciliations, the department shall review
all reported costs that may be affected by transactions required
to be reported under division (B)(3) of section 5123.172 of the
Revised Code. If the department determines that such transactions
have increased the cost reported by a contractor, the department
may disallow or adjust the cost allowable for payment. The
department shall adopt rules in accordance with Chapter 119. of
the Revised Code establishing standards for disallowances or
adjustments.
(P) The department may audit the contracts it enters into
under this section. Audits may be conducted by the department or
an entity with which the department contracts to perform the
audits. The department shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing procedures for
conducting audits.
An audit may include the examination of a contractor's
financial books and records, the costs incurred by a contractor in
providing residential services, and any other relevant information
specified by the department. An audit shall not be commenced more
than four years after the expiration of the contract to be
audited, except in cases where the department has reasonable cause
to believe that a contractor has committed fraud.
If an audit reveals that a contractor owes money to the
state, the amount owed, subject to an adjudication hearing under
this division, shall be collected in accordance with section
5123.051 of the Revised Code. If an audit reveals that a
reconciliation conducted under this section resulted in the
contractor erroneously paying money to the state, the department
shall refund the money to the contractor, or, in lieu of making a
refund, the department may offset the erroneous payment against
any money determined as a result of the audit to be owed by the
contractor to the state. The department is not required to pay
interest on any money refunded under this division.
In conducting audits or making determinations of amounts owed
by a contractor and amounts to be refunded or offset, the
department shall not be bound by the results of reconciliations
conducted under this section, except with regard to cases
involving claims that have been certified pursuant to section
5123.051 of the Revised Code to the attorney general for
collection for which a full and final settlement has been reached
or a final judgment has been made from which all rights of appeal
have expired or been exhausted.
Not later than ninety days after an audit's completion, the
department shall provide the contractor a copy of a report of the
audit. The report shall state the findings of the audit, including
the amount of any money the contractor is determined to owe the
state.
(Q) The department shall adopt rules specifying the amount
that will be allowed under a reconciliation or audit for the cost
incurred by a contractor for compensation of owners,
administrators, and other personnel. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.
(R) Each contractor shall, for at least seven years, maintain
fiscal records related to payments received pursuant to this
section.
(S) The department may enter into shared funding agreements
with other government agencies to fund contracts entered into
under this section. The amount of each agency's share of the cost
shall be determined through negotiations with the department. The
department's share shall not exceed the amount it would have paid
without entering into the shared funding agreement, nor shall it
be reduced by any amounts contributed by the other parties to the
agreement.
(T) Except as provided in section 5123.194 of the Revised
Code, an individual who receives residential services pursuant to
divisions (A) through (U) of this section and the individual's
liable relatives or guardians shall pay support charges in
accordance with Chapter 5121. of the Revised Code.
(U) The department may make reimbursements or payments for
any of the following pursuant to rules adopted under this
division:
(1) Unanticipated, nonrecurring costs associated with the
health or habilitation of a person who resides in a home funded
under a contract provided for in division (B) of this section;
(2) The cost of staff development training for contractors if
the director of developmental disabilities has given prior
approval for the training;
(3) Fixed costs that the department, pursuant to the rules,
determines relate to the continued operation of a home funded
under a contract provided for in division (B) of this section when
a short term vacancy occurs and the contractor has diligently
attempted to fill the vacancy.
The department shall adopt rules in accordance with Chapter
119. of the Revised Code establishing standards for use in
determining which costs it may make payment or reimbursements for
under this division.
(V) In addition to the rules required or authorized to be
adopted under this section, the department may adopt any other
rules necessary to implement divisions (A) through (U) of this
section. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.
(W) The department may delegate to county boards of
developmental disabilities its authority under this section to
negotiate and enter into contracts or subcontracts for residential
services. In the event that it elects to delegate its authority,
the department shall adopt rules in accordance with Chapter 119.
of the Revised Code for the boards' administration of the
contracts or subcontracts. In administering the contracts or
subcontracts, the boards shall be subject to all applicable
provisions of Chapter 5126. of the Revised Code and shall not be
subject to the provisions of divisions (A) to (V) of this section.
Subject to the department's rules, a board may require the
following to contribute to the cost of the residential services an
individual receives pursuant to this division: the individual or
the individual's estate, the individual's spouse, the individual's
guardian, and, if the individual is under age eighteen, either or
both of the individual's parents. Chapter 5121. of the Revised
Code shall not apply to individuals or entities that are subject
to making contributions under this division. In calculating
contributions to be made under this division, a board, subject to
the department's rules, may allow an amount to be kept for meeting
the personal needs of the individual who receives residential
services.
Sec. 5123.19. (A) As used in this section and in sections
5123.191, 5123.193, 5123.194, 5123.196, 5123.197, 5123.198, and
5123.20 of the Revised Code:
(1)(a) "Residential facility" means a home or facility in
which a mentally retarded or developmentally disabled person
resides, except the home of a relative or legal guardian in which
a mentally retarded or developmentally disabled person resides, a
respite care home certified under section 5126.05 of the Revised
Code, a county home or district home operated pursuant to Chapter
5155. of the Revised Code, or a dwelling in which the only
mentally retarded or developmentally disabled residents are in an
independent living arrangement or are being provided supported
living.
(b) "Intermediate care facility for the mentally retarded"
means a residential facility that is considered an intermediate
care facility for the mentally retarded for the purposes of
Chapter 5111. of the Revised Code.
(2) "Political subdivision" means a municipal corporation,
county, or township.
(3) "Independent living arrangement" means an arrangement in
which a mentally retarded or developmentally disabled person
resides in an individualized setting chosen by the person or the
person's guardian, which is not dedicated principally to the
provision of residential services for mentally retarded or
developmentally disabled persons, and for which no financial
support is received for rendering such service from any
governmental agency by a provider of residential services.
(4) "Licensee" means the person or government agency that has
applied for a license to operate a residential facility and to
which the license was issued under this section.
(5) "Related party" has the same meaning as in section
5123.16 of the Revised Code except that "provider" as used in the
definition of "related party" means a person or government entity
that held or applied for a license to operate a residential
facility, rather than a person or government entity certified to
provide supported living.
(B) Every person or government agency desiring to operate a
residential facility shall apply for licensure of the facility to
the director of developmental disabilities unless the residential
facility is subject to section 3721.02, 3722.04 5119.73, 5103.03,
or 5119.20 of the Revised Code. Notwithstanding Chapter 3721. of
the Revised Code, a nursing home that is certified as an
intermediate care facility for the mentally retarded under Title
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.
1396, as amended, shall apply for licensure of the portion of the
home that is certified as an intermediate care facility for the
mentally retarded.
(C) Subject to section 5123.196 of the Revised Code, the
director of developmental disabilities shall license the operation
of residential facilities. An initial license shall be issued for
a period that does not exceed one year, unless the director denies
the license under division (D) of this section. A license shall be
renewed for a period that does not exceed three years, unless the
director refuses to renew the license under division (D) of this
section. The director, when issuing or renewing a license, shall
specify the period for which the license is being issued or
renewed. A license remains valid for the length of the licensing
period specified by the director, unless the license is
terminated, revoked, or voluntarily surrendered.
(D) If it is determined that an applicant or licensee is not
in compliance with a provision of this chapter that applies to
residential facilities or the rules adopted under such a
provision, the director may deny issuance of a license, refuse to
renew a license, terminate a license, revoke a license, issue an
order for the suspension of admissions to a facility, issue an
order for the placement of a monitor at a facility, issue an order
for the immediate removal of residents, or take any other action
the director considers necessary consistent with the director's
authority under this chapter regarding residential facilities. In
the director's selection and administration of the sanction to be
imposed, all of the following apply:
(1) The director may deny, refuse to renew, or revoke a
license, if the director determines that the applicant or licensee
has demonstrated a pattern of serious noncompliance or that a
violation creates a substantial risk to the health and safety of
residents of a residential facility.
(2) The director may terminate a license if more than twelve
consecutive months have elapsed since the residential facility was
last occupied by a resident or a notice required by division (K)
of this section is not given.
(3) The director may issue an order for the suspension of
admissions to a facility for any violation that may result in
sanctions under division (D)(1) of this section and for any other
violation specified in rules adopted under division (H)(2) of this
section. If the suspension of admissions is imposed for a
violation that may result in sanctions under division (D)(1) of
this section, the director may impose the suspension before
providing an opportunity for an adjudication under Chapter 119. of
the Revised Code. The director shall lift an order for the
suspension of admissions when the director determines that the
violation that formed the basis for the order has been corrected.
(4) The director may order the placement of a monitor at a
residential facility for any violation specified in rules adopted
under division (H)(2) of this section. The director shall lift the
order when the director determines that the violation that formed
the basis for the order has been corrected.
(5) If the director determines that two or more residential
facilities owned or operated by the same person or government
entity are not being operated in compliance with a provision of
this chapter that applies to residential facilities or the rules
adopted under such a provision, and the director's findings are
based on the same or a substantially similar action, practice,
circumstance, or incident that creates a substantial risk to the
health and safety of the residents, the director shall conduct a
survey as soon as practicable at each residential facility owned
or operated by that person or government entity. The director may
take any action authorized by this section with respect to any
facility found to be operating in violation of a provision of this
chapter that applies to residential facilities or the rules
adopted under such a provision.
(6) When the director initiates license revocation
proceedings, no opportunity for submitting a plan of correction
shall be given. The director shall notify the licensee by letter
of the initiation of the proceedings. The letter shall list the
deficiencies of the residential facility and inform the licensee
that no plan of correction will be accepted. The director shall
also send a copy of the letter to the county board of
developmental disabilities. The county board shall send a copy of
the letter to each of the following:
(a) Each resident who receives services from the licensee;
(b) The guardian of each resident who receives services from
the licensee if the resident has a guardian;
(c) The parent or guardian of each resident who receives
services from the licensee if the resident is a minor.
(7) Pursuant to rules which shall be adopted in accordance
with Chapter 119. of the Revised Code, the director may order the
immediate removal of residents from a residential facility
whenever conditions at the facility present an immediate danger of
physical or psychological harm to the residents.
(8) In determining whether a residential facility is being
operated in compliance with a provision of this chapter that
applies to residential facilities or the rules adopted under such
a provision, or whether conditions at a residential facility
present an immediate danger of physical or psychological harm to
the residents, the director may rely on information obtained by a
county board of developmental disabilities or other governmental
agencies.
(9) In proceedings initiated to deny, refuse to renew, or
revoke licenses, the director may deny, refuse to renew, or revoke
a license regardless of whether some or all of the deficiencies
that prompted the proceedings have been corrected at the time of
the hearing.
(E) The director shall establish a program under which public
notification may be made when the director has initiated license
revocation proceedings or has issued an order for the suspension
of admissions, placement of a monitor, or removal of residents.
The director shall adopt rules in accordance with Chapter 119. of
the Revised Code to implement this division. The rules shall
establish the procedures by which the public notification will be
made and specify the circumstances for which the notification must
be made. The rules shall require that public notification be made
if the director has taken action against the facility in the
eighteen-month period immediately preceding the director's latest
action against the facility and the latest action is being taken
for the same or a substantially similar violation of a provision
of this chapter that applies to residential facilities or the
rules adopted under such a provision. The rules shall specify a
method for removing or amending the public notification if the
director's action is found to have been unjustified or the
violation at the residential facility has been corrected.
(F)(1) Except as provided in division (F)(2) of this section,
appeals from proceedings initiated to impose a sanction under
division (D) of this section shall be conducted in accordance with
Chapter 119. of the Revised Code.
(2) Appeals from proceedings initiated to order the
suspension of admissions to a facility shall be conducted in
accordance with Chapter 119. of the Revised Code, unless the order
was issued before providing an opportunity for an adjudication, in
which case all of the following apply:
(a) The licensee may request a hearing not later than ten
days after receiving the notice specified in section 119.07 of the
Revised Code.
(b) If a timely request for a hearing that includes the
licensee's current address is made, the hearing shall commence not
later than thirty days after the department receives the request.
(c) After commencing, the hearing shall continue
uninterrupted, except for Saturdays, Sundays, and legal holidays,
unless other interruptions are agreed to by the licensee and the
director.
(d) If the hearing is conducted by a hearing examiner, the
hearing examiner shall file a report and recommendations not later
than ten days after the last of the following:
(i) The close of the hearing;
(ii) If a transcript of the proceedings is ordered, the
hearing examiner receives the transcript;
(iii) If post-hearing briefs are timely filed, the hearing
examiner receives the briefs.
(e) A copy of the written report and recommendation of the
hearing examiner shall be sent, by certified mail, to the licensee
and the licensee's attorney, if applicable, not later than five
days after the report is filed.
(f) Not later than five days after the hearing examiner files
the report and recommendations, the licensee may file objections
to the report and recommendations.
(g) Not later than fifteen days after the hearing examiner
files the report and recommendations, the director shall issue an
order approving, modifying, or disapproving the report and
recommendations.
(h) Notwithstanding the pendency of the hearing, the director
shall lift the order for the suspension of admissions when the
director determines that the violation that formed the basis for
the order has been corrected.
(G) Neither a person or government agency whose application
for a license to operate a residential facility is denied nor a
related party of the person or government agency may apply for a
license to operate a residential facility before the date that is
one year after the date of the denial. Neither a licensee whose
residential facility license is revoked nor a related party of the
licensee may apply for a residential facility license before the
date that is five years after the date of the revocation.
(H) In accordance with Chapter 119. of the Revised Code, the
director shall adopt and may amend and rescind rules for licensing
and regulating the operation of residential facilities, including
intermediate care facilities for the mentally retarded. The rules
for intermediate care facilities for the mentally retarded may
differ from those for other residential facilities. The rules
shall establish and specify the following:
(1) Procedures and criteria for issuing and renewing
licenses, including procedures and criteria for determining the
length of the licensing period that the director must specify for
each license when it is issued or renewed;
(2) Procedures and criteria for denying, refusing to renew,
terminating, and revoking licenses and for ordering the suspension
of admissions to a facility, placement of a monitor at a facility,
and the immediate removal of residents from a facility;
(3) Fees for issuing and renewing licenses, which shall be
deposited into the program fee fund created under section 5123.033
of the Revised Code;
(4) Procedures for surveying residential facilities;
(5) Requirements for the training of residential facility
personnel;
(6) Classifications for the various types of residential
facilities;
(7) Certification procedures for licensees and management
contractors that the director determines are necessary to ensure
that they have the skills and qualifications to properly operate
or manage residential facilities;
(8) The maximum number of persons who may be served in a
particular type of residential facility;
(9) Uniform procedures for admission of persons to and
transfers and discharges of persons from residential facilities;
(10) Other standards for the operation of residential
facilities and the services provided at residential facilities;
(11) Procedures for waiving any provision of any rule adopted
under this section.
(I) Before issuing a license, the director of the department
or the director's designee shall conduct a survey of the
residential facility for which application is made. The director
or the director's designee shall conduct a survey of each licensed
residential facility at least once during the period the license
is valid and may conduct additional inspections as needed. A
survey includes but is not limited to an on-site examination and
evaluation of the residential facility, its personnel, and the
services provided there.
In conducting surveys, the director or the director's
designee shall be given access to the residential facility; all
records, accounts, and any other documents related to the
operation of the facility; the licensee; the residents of the
facility; and all persons acting on behalf of, under the control
of, or in connection with the licensee. The licensee and all
persons on behalf of, under the control of, or in connection with
the licensee shall cooperate with the director or the director's
designee in conducting the survey.
Following each survey, unless the director initiates a
license revocation proceeding, the director or the director's
designee shall provide the licensee with a report listing any
deficiencies, specifying a timetable within which the licensee
shall submit a plan of correction describing how the deficiencies
will be corrected, and, when appropriate, specifying a timetable
within which the licensee must correct the deficiencies. After a
plan of correction is submitted, the director or the director's
designee shall approve or disapprove the plan. A copy of the
report and any approved plan of correction shall be provided to
any person who requests it.
The director shall initiate disciplinary action against any
department employee who notifies or causes the notification to any
unauthorized person of an unannounced survey of a residential
facility by an authorized representative of the department.
(J) In addition to any other information which may be
required of applicants for a license pursuant to this section, the
director shall require each applicant to provide a copy of an
approved plan for a proposed residential facility pursuant to
section 5123.042 of the Revised Code. This division does not apply
to renewal of a license or to an applicant for an initial or
modified license who meets the requirements of section 5123.193 or
5123.197 of the Revised Code.
(K) A licensee shall notify the owner of the building in
which the licensee's residential facility is located of any
significant change in the identity of the licensee or management
contractor before the effective date of the change if the licensee
is not the owner of the building.
Pursuant to rules which shall be adopted in accordance with
Chapter 119. of the Revised Code, the director may require
notification to the department of any significant change in the
ownership of a residential facility or in the identity of the
licensee or management contractor. If the director determines that
a significant change of ownership is proposed, the director shall
consider the proposed change to be an application for development
by a new operator pursuant to section 5123.042 of the Revised Code
and shall advise the applicant within sixty days of the
notification that the current license shall continue in effect or
a new license will be required pursuant to this section. If the
director requires a new license, the director shall permit the
facility to continue to operate under the current license until
the new license is issued, unless the current license is revoked,
refused to be renewed, or terminated in accordance with Chapter
119. of the Revised Code.
(L) A county board of developmental disabilities, the legal
rights service, and any interested person may file complaints
alleging violations of statute or department rule relating to
residential facilities with the department. All complaints shall
be in writing and shall state the facts constituting the basis of
the allegation. The department shall not reveal the source of any
complaint unless the complainant agrees in writing to waive the
right to confidentiality or until so ordered by a court of
competent jurisdiction.
The department shall adopt rules in accordance with Chapter
119. of the Revised Code establishing procedures for the receipt,
referral, investigation, and disposition of complaints filed with
the department under this division.
(M) The department shall establish procedures for the
notification of interested parties of the transfer or interim care
of residents from residential facilities that are closing or are
losing their license.
(N) Before issuing a license under this section to a
residential facility that will accommodate at any time more than
one mentally retarded or developmentally disabled individual, the
director shall, by first class mail, notify the following:
(1) If the facility will be located in a municipal
corporation, the clerk of the legislative authority of the
municipal corporation;
(2) If the facility will be located in unincorporated
territory, the clerk of the appropriate board of county
commissioners and the fiscal officer of the appropriate board of
township trustees.
The director shall not issue the license for ten days after
mailing the notice, excluding Saturdays, Sundays, and legal
holidays, in order to give the notified local officials time in
which to comment on the proposed issuance.
Any legislative authority of a municipal corporation, board
of county commissioners, or board of township trustees that
receives notice under this division of the proposed issuance of a
license for a residential facility may comment on it in writing to
the director within ten days after the director mailed the notice,
excluding Saturdays, Sundays, and legal holidays. If the director
receives written comments from any notified officials within the
specified time, the director shall make written findings
concerning the comments and the director's decision on the
issuance of the license. If the director does not receive written
comments from any notified local officials within the specified
time, the director shall continue the process for issuance of the
license.
(O) Any person may operate a licensed residential facility
that provides room and board, personal care, habilitation
services, and supervision in a family setting for at least six but
not more than eight persons with mental retardation or a
developmental disability as a permitted use in any residential
district or zone, including any single-family residential district
or zone, of any political subdivision. These residential
facilities may be required to comply with area, height, yard, and
architectural compatibility requirements that are uniformly
imposed upon all single-family residences within the district or
zone.
(P) Any person may operate a licensed residential facility
that provides room and board, personal care, habilitation
services, and supervision in a family setting for at least nine
but not more than sixteen persons with mental retardation or a
developmental disability as a permitted use in any multiple-family
residential district or zone of any political subdivision, except
that a political subdivision that has enacted a zoning ordinance
or resolution establishing planned unit development districts may
exclude these residential facilities from those districts, and a
political subdivision that has enacted a zoning ordinance or
resolution may regulate these residential facilities in
multiple-family residential districts or zones as a conditionally
permitted use or special exception, in either case, under
reasonable and specific standards and conditions set out in the
zoning ordinance or resolution to:
(1) Require the architectural design and site layout of the
residential facility and the location, nature, and height of any
walls, screens, and fences to be compatible with adjoining land
uses and the residential character of the neighborhood;
(2) Require compliance with yard, parking, and sign
regulation;
(3) Limit excessive concentration of these residential
facilities.
(Q) This section does not prohibit a political subdivision
from applying to residential facilities nondiscriminatory
regulations requiring compliance with health, fire, and safety
regulations and building standards and regulations.
(R) Divisions (O) and (P) of this section are not applicable
to municipal corporations that had in effect on June 15, 1977, an
ordinance specifically permitting in residential zones licensed
residential facilities by means of permitted uses, conditional
uses, or special exception, so long as such ordinance remains in
effect without any substantive modification.
(S)(1) The director may issue an interim license to operate a
residential facility to an applicant for a license under this
section if either of the following is the case:
(a) The director determines that an emergency exists
requiring immediate placement of persons in a residential
facility, that insufficient licensed beds are available, and that
the residential facility is likely to receive a permanent license
under this section within thirty days after issuance of the
interim license.
(b) The director determines that the issuance of an interim
license is necessary to meet a temporary need for a residential
facility.
(2) To be eligible to receive an interim license, an
applicant must meet the same criteria that must be met to receive
a permanent license under this section, except for any differing
procedures and time frames that may apply to issuance of a
permanent license.
(3) An interim license shall be valid for thirty days and may
be renewed by the director for a period not to exceed one hundred
fifty days.
(4) The director shall adopt rules in accordance with Chapter
119. of the Revised Code as the director considers necessary to
administer the issuance of interim licenses.
(T) Notwithstanding rules adopted pursuant to this section
establishing the maximum number of persons who may be served in a
particular type of residential facility, a residential facility
shall be permitted to serve the same number of persons being
served by the facility on the effective date of the rules or the
number of persons for which the facility is authorized pursuant to
a current application for a certificate of need with a letter of
support from the department of developmental disabilities and
which is in the review process prior to April 4, 1986.
(U) The director or the director's designee may enter at any
time, for purposes of investigation, any home, facility, or other
structure that has been reported to the director or that the
director has reasonable cause to believe is being operated as a
residential facility without a license issued under this section.
The director may petition the court of common pleas of the
county in which an unlicensed residential facility is located for
an order enjoining the person or governmental agency operating the
facility from continuing to operate without a license. The court
may grant the injunction on a showing that the person or
governmental agency named in the petition is operating a
residential facility without a license. The court may grant the
injunction, regardless of whether the residential facility meets
the requirements for receiving a license under this section.
Sec. 5123.191. (A) The court of common pleas or a judge
thereof in the judge's county, or the probate court, may appoint a
receiver to take possession of and operate a residential facility
licensed by the department of developmental disabilities, in
causes pending in such courts respectively, when conditions
existing at the facility present a substantial risk of physical or
mental harm to residents and no other remedies at law are adequate
to protect the health, safety, and welfare of the residents.
Conditions at the facility that may present such risk of harm
include, but are not limited to, instances when any of the
following occur:
(1) The residential facility is in violation of state or
federal law or regulations.
(2) The facility has had its license revoked or procedures
for revocation have been initiated, or the facility is closing or
intends to cease operations.
(3) Arrangements for relocating residents need to be made.
(4) Insolvency of the operator, licensee, or landowner
threatens the operation of the facility.
(5) The facility or operator has demonstrated a pattern and
practice of repeated violations of state or federal laws or
regulations.
(B) A court in which a petition is filed pursuant to this
section shall notify the person holding the license for the
facility and the department of developmental disabilities of the
filing. The court shall order the department to notify the legal
rights service, facility owner, facility operator, county board of
developmental disabilities, facility residents, and residents'
parents and guardians of the filing of the petition.
The court shall provide a hearing on the petition within five
court days of the time it was filed, except that the court may
appoint a receiver prior to that time if it determines that the
circumstances necessitate such action. Following a hearing on the
petition, and upon a determination that the appointment of a
receiver is warranted, the court shall appoint a receiver and
notify the department of developmental disabilities and
appropriate persons of this action.
(C) A residential facility for which a receiver has been
named is deemed to be in compliance with section 5123.19 and
Chapter 3721. of the Revised Code for the duration of the
receivership.
(D) When the operating revenue of a residential facility in
receivership is insufficient to meet its operating expenses,
including the cost of bringing the facility into compliance with
state or federal laws or regulations, the court may order the
state to provide necessary funding, except as provided in division
(K) of this section. The state shall provide such funding, subject
to the approval of the controlling board. The court may also order
the appropriate authorities to expedite all inspections necessary
for the issuance of licenses or the certification of a facility,
and order a facility to be closed if it determines that reasonable
efforts cannot bring the facility into substantial compliance with
the law.
(E) In establishing a receivership, the court shall set forth
the powers and duties of the receiver. The court may generally
authorize the receiver to do all that is prudent and necessary to
safely and efficiently operate the residential facility within the
requirements of state and federal law, but shall require the
receiver to obtain court approval prior to making any single
expenditure of more than five thousand dollars to correct
deficiencies in the structure or furnishings of a facility. The
court shall closely review the conduct of the receiver it has
appointed and shall require regular and detailed reports. The
receivership shall be reviewed at least every sixty days.
(F) A receivership established pursuant to this section shall
be terminated, following notification of the appropriate parties
and a hearing, if the court determines either of the following:
(1) The residential facility has been closed and the former
residents have been relocated to an appropriate facility.
(2) Circumstances no longer exist at the facility that
present a substantial risk of physical or mental harm to
residents, and there is no deficiency in the facility that is
likely to create a future risk of harm.
Notwithstanding division (F)(2) of this section, the court
shall not terminate a receivership for a residential facility that
has previously operated under another receivership unless the
responsibility for the operation of the facility is transferred to
an operator approved by the court and the department of
developmental disabilities.
(G) The department of developmental disabilities may, upon
its own initiative or at the request of an owner, operator, or
resident of a residential facility, or at the request of a
resident's guardian or relative, or a county board of
developmental disabilities, or the legal rights service, petition
the court to appoint a receiver to take possession of and operate
a residential facility. When the department has been requested to
file a petition by any of the parties listed above, it shall,
within forty-eight hours of such request, either file such a
petition or notify the requesting party of its decision not to
file. If the department refuses to file, the requesting party may
file a petition with the court requesting the appointment of a
receiver to take possession of and operate a residential facility.
Petitions filed pursuant to this division shall include the
following:
(1) A description of the specific conditions existing at the
facility which present a substantial risk of physical or mental
harm to residents;
(2) A statement of the absence of other adequate remedies at
law;
(3) The number of individuals residing at the facility;
(4) A statement that the facts have been brought to the
attention of the owner or licensee and that conditions have not
been remedied within a reasonable period of time or that the
conditions, though remedied periodically, habitually exist at the
facility as a pattern or practice;
(5) The name and address of the person holding the license
for the facility and the address of the department of
developmental disabilities.
The court may award to an operator appropriate costs and
expenses, including reasonable attorney's fees, if it determines
that a petitioner has initiated a proceeding in bad faith or
merely for the purpose of harassing or embarrassing the operator.
(H) Except for the department of developmental disabilities
or a county board of developmental disabilities, no party or
person interested in an action shall be appointed a receiver
pursuant to this section.
To assist the court in identifying persons qualified to be
named as receivers, the director of developmental disabilities or
the director's designee shall maintain a list of the names of such
persons. The director shall, in accordance with Chapter 119. of
the Revised Code, establish standards for evaluating persons
desiring to be included on such a list.
(I) Before a receiver enters upon the duties of that person,
the receiver must be sworn to perform the duties of receiver
faithfully, and, with surety approved by the court, judge, or
clerk, execute a bond to such person, and in such sum as the court
or judge directs, to the effect that such receiver will faithfully
discharge the duties of receiver in the action, and obey the
orders of the court therein.
(J) Under the control of the appointing court, a receiver may
bring and defend actions in the receiver's own name as receiver
and take and keep possession of property.
The court shall authorize the receiver to do the following:
(1) Collect payment for all goods and services provided to
the residents or others during the period of the receivership at
the same rate as was charged by the licensee at the time the
petition for receivership was filed, unless a different rate is
set by the court;
(2) Honor all leases, mortgages, and secured transactions
governing all buildings, goods, and fixtures of which the receiver
has taken possession and continues to use, subject to the
following conditions:
(a) In the case of a rental agreement, only to the extent of
payments that are for the use of the property during the period of
the receivership;
(b) In the case of a purchase agreement only to the extent of
payments that come due during the period of the receivership;
(c) If the court determines that the cost of the lease,
mortgage, or secured transaction was increased by a transaction
required to be reported under division (B)(3) of section 5123.172
of the Revised Code, only to the extent determined by the court to
be the fair market value for use of the property during the period
of the receivership.
(3) If transfer of residents is necessary, provide for the
orderly transfer of residents by doing the following:
(a) Cooperating with all appropriate state and local agencies
in carrying out the transfer of residents to alternative community
placements;
(b) Providing for the transportation of residents' belongings
and records;
(c) Helping to locate alternative placements and develop
discharge plans;
(d) Preparing residents for the trauma of discharge;
(e) Permitting residents or guardians to participate in
transfer or discharge planning except when an emergency exists and
immediate transfer is necessary.
(4) Make periodic reports on the status of the residential
program to the appropriate state agency, county board of
developmental disabilities, parents, guardians, and residents;
(5) Compromise demands or claims;
(6) Generally do such acts respecting the residential
facility as the court authorizes.
(K) Neither the receiver nor the department of developmental
disabilities is liable for debts incurred by the owner or operator
of a residential facility for which a receiver has been appointed.
(L) The department of developmental disabilities may contract
for the operation of a residential facility in receivership. The
department shall establish the conditions of a contract. A
condition may be the same as, similar to, or different from a
condition established by section 5123.18 of the Revised Code and
the rules adopted under that section for a contract entered into
under that section. Notwithstanding any other provision of law,
contracts that are necessary to carry out the powers and duties of
the receiver need not be competitively bid.
(M) The department of developmental disabilities, the
department of job and family services, and the department of
health shall provide technical assistance to any receiver
appointed pursuant to this section.
Sec. 5123.194. In the case of an individual who resides in a
residential facility and is preparing to move into an independent
living arrangement and the individual's liable relative, the
department of developmental disabilities may waive the support
collection requirements of sections 5121.04, and 5123.122, and
5123.18 of the Revised Code for the purpose of allowing income or
resources to be used to acquire items necessary for independent
living. The department shall adopt rules in accordance with
section 111.15 of the Revised Code to implement this section,
including rules that establish the method the department shall use
to determine when an individual is preparing to move into an
independent living arrangement.
Sec. 5123.35. (A) There is hereby created the Ohio
developmental disabilities council, which shall serve as an
advocate for all persons with developmental disabilities. The
council shall act in accordance with the "Developmental
Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662
(1984), 42 U.S.C. 6001, as amended. The governor shall appoint the
members of the council in accordance with 42 U.S.C. 6024.
(B) The Ohio developmental disabilities council shall develop
the state plan required by federal law as a condition of receiving
federal assistance under 42 U.S.C. 6021 to 6030. The department of
developmental disabilities, as the state agency selected by the
governor for purposes of receiving the federal assistance, shall
receive, account for, and disburse funds based on the state plan
and shall provide assurances and other administrative support
services required as a condition of receiving the federal
assistance.
(C) The federal funds may be disbursed through grants to or
contracts with persons and government agencies for the provision
of necessary or useful goods and services for developmentally
disabled persons. The Ohio developmental disabilities council may
award the grants or enter into the contracts.
(D) The Ohio developmental disabilities council may award
grants to or enter into contracts with a member of the council or
an entity that the member represents if all of the following
apply:
(1) The member serves on the council as a representative of
one of the principal state agencies concerned with services for
persons with developmental disabilities as specified in 42 U.S.C.
6024(b)(3), a representative of a university affiliated program as
defined in 42 U.S.C. 6001(18), or a representative of the legal
rights service created under Ohio protection and advocacy system,
as defined in section 5123.60 of the Revised Code.
(2) The council determines that the member or the entity the
member represents is capable of providing the goods or services
specified under the terms of the grant or contract.
(3) The member has not taken part in any discussion or vote
of the council related to awarding the grant or entering into the
contract, including service as a member of a review panel
established by the council to award grants or enter into contracts
or to make recommendations with regard to awarding grants or
entering into contracts.
(E) A member of the Ohio developmental disabilities council
is not in violation of Chapter 102. or section 2921.42 of the
Revised Code with regard to receiving a grant or entering into a
contract under this section if the requirements of division (D) of
this section have been met.
Sec. 5123.352. There is hereby created in the state treasury
the community developmental disabilities trust fund. The director
of developmental disabilities, not later than sixty days after the
end of each fiscal year, shall certify to the director of budget
and management the amount of all the unexpended, unencumbered
balances of general revenue fund appropriations made to the
department of developmental disabilities for the fiscal year,
excluding appropriations for rental payments to the Ohio public
facilities commission, and the amount of any other funds held by
the department in excess of amounts necessary to meet the
department's operating costs and obligations pursuant to this
chapter and Chapter 5126. of the Revised Code. On receipt of the
certification, the director of budget and management shall
transfer cash to the trust fund in an amount up to, but not
exceeding, the total of the amounts certified by the director of
developmental disabilities, except in cases in which the transfer
will involve more than twenty million dollars. In such cases, the
director of budget and management shall notify the controlling
board and must receive the board's approval of the transfer prior
to making the transfer.
All moneys in the trust fund shall be distributed used for
purposes specified in
accordance with section 5126.19 5123.0418
of the Revised Code.
Sec. 5123.45. (A) The department of developmental
disabilities shall establish a program under which the department
issues certificates to the following:
(1) MR/DD personnel, for purposes of meeting the requirement
of division (C)(1) of section 5123.42 of the Revised Code to
obtain a certificate or certificates to administer prescribed
medications, perform health-related activities, and perform tube
feedings;
(2) Registered nurses, for purposes of meeting the
requirement of division (B)(1) of section 5123.441 of the Revised
Code to obtain a certificate or certificates to provide the MR/DD
personnel training courses developed under section 5123.43 of the
Revised Code.
(B)(1) Except as provided in division (B)(2) of this section,
to receive a certificate issued under this section, MR/DD
personnel and registered nurses shall successfully complete the
applicable training course or courses and meet all other
applicable requirements established in rules adopted pursuant to
this section. The department shall issue the appropriate
certificate or certificates to MR/DD personnel and registered
nurses who meet the requirements for the certificate or
certificates.
(2) The department shall include provisions in the program
for issuing certificates to the following:
(a) MR/DD personnel and registered nurses who, on March 31,
2003, are authorized to provide care to individuals with mental
retardation and developmental disabilities pursuant to section
5123.193 or sections 5126.351 to 5126.354 of the Revised Code were
required to be included in the certificate program pursuant to
division (B)(2) of this section as that division existed
immediately before the effective date of this amendment. A person
MR/DD personnel who
receives receive a certificate under division
(B)(2)(a) of this section shall not administer insulin until the
person has they have been trained by a registered nurse who has
received a certificate under this section that allows the
registered nurse to provide training courses to MR/DD personnel in
the administration of insulin.
(b) Registered nurses who, on March 31, 2003, are authorized
to train MR/DD personnel to provide care to individuals with
mental retardation and developmental disabilities pursuant to
section 5123.193 or sections 5126.351 to 5126.354 of the Revised
Code. A registered nurse who receives a certificate under division
(B)(2)(b) of this section shall not provide training courses to
MR/DD personnel in the administration of insulin unless the
registered nurse completes a course developed under section
5123.44 of the Revised Code that enables the registered nurse to
receive a certificate to provide training courses to MR/DD
personnel in the administration of insulin.
(C) Certificates issued to MR/DD personnel are valid for one
year and may be renewed. Certificates issued to registered nurses
are valid for two years and may be renewed.
To be eligible for renewal, MR/DD personnel and registered
nurses shall meet the applicable continued competency requirements
and continuing education requirements specified in rules adopted
under division (D) of this section. In the case of registered
nurses, continuing nursing education completed in compliance with
the license renewal requirements established under Chapter 4723.
of the Revised Code may be counted toward meeting the continuing
education requirements established in the rules adopted under
division (D) of this section.
(D) In accordance with section 5123.46 of the Revised Code,
the department shall adopt rules that establish all of the
following:
(1) Requirements that MR/DD personnel and registered nurses
must meet to be eligible to take a training course;
(2) Standards that must be met to receive a certificate,
including requirements pertaining to an applicant's criminal
background;
(3) Procedures to be followed in applying for a certificate
and issuing a certificate;
(4) Standards and procedures for renewing a certificate,
including requirements for continuing education and, in the case
of MR/DD personnel who administer prescribed medications,
standards that require successful demonstration of proficiency in
administering prescribed medications;
(5) Standards and procedures for suspending or revoking a
certificate;
(6) Standards and procedures for suspending a certificate
without a hearing pending the outcome of an investigation;
(7) Any other standards or procedures the department
considers necessary to administer the certification program.
Sec. 5123.60. (A) As used in this section and section
5123.601 of the Revised Code, "Ohio protection and advocacy
system" means the nonprofit entity designated by the governor in
accordance with H.B. 153 of the 129th general assembly to serve as
the state's protection and advocacy system and client assistance
program.
(B) The Ohio protection and advocacy system shall provide
both of the following:
(1) Advocacy services for people with disabilities, as
provided under section 101 of the "Developmental Disabilities
Assistance and Bill of Rights Act of 2000," 114 Stat. 1678 (2000),
42 U.S.C. 15001;
(2) A client assistance program, as provided under section
112 of the "Workforce Investment Act of 1998," 112 Stat. 1163
(1998), 29 U.S.C. 732, as amended.
(C) The Ohio protection and advocacy system may establish any
guidelines necessary for its operation.
Sec. 5123.60 5123.601. (A) A legal rights service is hereby
created and established to protect and advocate the rights of
mentally ill persons, mentally retarded persons, developmentally
disabled persons, and other disabled persons who may be
represented by the service pursuant to division (L) of this
section; to receive and act upon complaints concerning
institutional and hospital practices and conditions of
institutions for mentally retarded or developmentally disabled
persons and hospitals for the mentally ill; and to assure that all
persons detained, hospitalized, discharged, or institutionalized,
and all persons whose detention, hospitalization, discharge, or
institutionalization is sought or has been sought under this
chapter or Chapter 5122. of the Revised Code are fully informed of
their rights and adequately represented by counsel in proceedings
under this chapter or Chapter 5122. of the Revised Code and in any
proceedings to secure the rights of those persons. Notwithstanding
the definitions of "mentally retarded person" and "developmentally
disabled person" in section 5123.01 of the Revised Code, the legal
rights service shall determine who is a mentally retarded or
developmentally disabled person for purposes of this section and
sections 5123.601 to 5123.604 of the Revised Code.
(B)(1) In regard to those persons detained, hospitalized, or
institutionalized under Chapter 5122. of the Revised Code, the
legal rights service shall undertake formal representation only of
those persons who are involuntarily detained, hospitalized, or
institutionalized pursuant to sections 5122.10 to 5122.15 of the
Revised Code, and those voluntarily detained, hospitalized, or
institutionalized who are minors, who have been adjudicated
incompetent, who have been detained, hospitalized, or
institutionalized in a public hospital, or who have requested
representation by the legal rights service.
(2) If a person referred to in division (A) of this section
voluntarily requests in writing that the legal rights service
terminate participation in the person's case, such involvement
shall cease.
(3) Persons described in divisions (A) and (B)(1) of this
section who are represented by the legal rights service are
clients of the legal rights service.
(C) Any person voluntarily hospitalized or institutionalized
in a public hospital under division (A) of section 5122.02 of the
Revised Code, after being fully informed of the person's rights
under division (A) of this section, may, by written request, waive
assistance by the legal rights service if the waiver is knowingly
and intelligently made, without duress or coercion.
The waiver may be rescinded at any time by the voluntary
patient or resident, or by the voluntary patient's or resident's
legal guardian.
(D)(1) The legal rights service commission is hereby created
for the purposes of appointing an administrator of the legal
rights service, advising the administrator, assisting the
administrator in developing a budget, advising the administrator
in establishing and annually reviewing a strategic plan, creating
a procedure for filing and determination of grievances against the
legal rights service, and establishing general policy guidelines,
including guidelines for the commencement of litigation, for the
legal rights service. The commission may adopt rules to carry
these purposes into effect and may receive and act upon appeals of
personnel decisions by the administrator.
(2) The commission shall consist of seven members. One
member, who shall serve as chairperson, shall be appointed by the
chief justice of the supreme court, three members shall be
appointed by the speaker of the house of representatives, and
three members shall be appointed by the president of the senate.
At least two members shall have experience in the field of
developmental disabilities, and at least two members shall have
experience in the field of mental health. No member shall be a
provider or related to a provider of services to mentally
retarded, developmentally disabled, or mentally ill persons.
(3) Terms of office of the members of the commission shall be
for three years, each term ending on the same day of the month of
the year as did the term which it succeeds. Each member shall
serve subsequent to the expiration of the member's term until a
successor is appointed and qualifies, or until sixty days has
elapsed, whichever occurs first. No member shall serve more than
two consecutive terms.
All vacancies in the membership of the commission shall be
filled in the manner prescribed for regular appointments to the
commission and shall be limited to the unexpired terms.
(4) The commission shall meet at least four times each year.
Members shall be reimbursed for their necessary and actual
expenses incurred in the performance of their official duties.
(5) The administrator of the legal rights service shall serve
at the pleasure of the commission.
The administrator shall be an attorney admitted to practice
law in this state. The salary of the administrator shall be
established in accordance with section 124.14 of the Revised Code.
(E) The legal rights service shall be completely independent
of the department of mental health and the department of
developmental disabilities and, notwithstanding section 109.02 of
the Revised Code, shall also be independent of the office of the
attorney general. The administrator of the legal rights service
Ohio protection and advocacy system, staff, and attorneys
designated by the administrator system to represent persons
detained, hospitalized, or institutionalized under this chapter or
Chapter 5122. of the Revised Code shall have ready access to all
of the following:
(1) During normal business hours and at other reasonable
times, all records, except records of community residential
facilities and records of contract agencies of county boards of
developmental disabilities and boards of alcohol, drug addiction,
and mental health services, relating to expenditures of state and
federal funds or to the commitment, care, treatment, and
habilitation of all persons represented by the legal rights
service Ohio protection and advocacy system, including those who
may be represented pursuant to division (L)(D) of this section, or
persons detained, hospitalized, institutionalized, or receiving
services under this chapter or Chapter 340., 5119., 5122., or
5126. of the Revised Code that are records maintained by the
following entities providing services for those persons:
departments; institutions; hospitals; boards of alcohol, drug
addiction, and mental health services; county boards of
developmental disabilities; and any other entity providing
services to persons who may be represented by the service Ohio
protection and advocacy system pursuant to division (L)(D) of this
section;
(2) Any records maintained in computerized data banks of the
departments or boards or, in the case of persons who may be
represented by the service Ohio protection and advocacy system
pursuant to division (L)(D) of this section, any other entity that
provides services to those persons;
(3) During their normal working hours, personnel of the
departments, facilities, boards, agencies, institutions,
hospitals, and other service-providing entities;
(4) At any time, all persons detained, hospitalized, or
institutionalized; persons receiving services under this chapter
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and
persons who may be represented by the service Ohio protection and
advocacy system pursuant to division
(L)(D) of this section.
(5) Records of a community residential facility, a contract
agency of a board of alcohol, drug addiction, and mental health
services, or a contract agency of a county board of developmental
disabilities with one of the following consents:
(a) The consent of the person, including when the person is a
minor or has been adjudicated incompetent;
(b) The consent of the person's guardian of the person, if
any, or the parent if the person is a minor;
(c) No consent, if the person is unable to consent for any
reason, and the guardian of the person, if any, or the parent of
the minor, has refused to consent or has not responded to a
request for consent and either of the following has occurred:
(i) A complaint regarding the person has been received by the
legal rights service Ohio protection and advocacy system;
(ii) The legal rights service Ohio protection and advocacy
system has determined that there is probable cause to believe that
such person has been subjected to abuse or neglect.
(F) The administrator of the legal rights service shall do
the following:
(1) Administer and organize the work of the legal rights
service and establish administrative or geographic divisions as
the administrator considers necessary, proper, and expedient;
(2) Adopt and promulgate rules that are not in conflict with
rules adopted by the commission and prescribe duties for the
efficient conduct of the business and general administration of
the legal rights service;
(3) Appoint and discharge employees, and hire experts,
consultants, advisors, or other professionally qualified persons
as the administrator considers necessary to carry out the duties
of the legal rights service;
(4) Apply for and accept grants of funds, and accept
charitable gifts and bequests;
(5) Prepare and submit a budget to the general assembly for
the operation of the legal rights service. At least thirty days
prior to submitting the budget to the general assembly, the
administrator shall provide a copy of the budget to the commission
for review and comment. When submitting the budget to the general
assembly, the administrator shall include a copy of any written
comments returned by the commission to the administrator.
(6) Enter into contracts and make expenditures necessary for
the efficient operation of the legal rights service;
(7) Annually prepare a report of activities and submit copies
of the report to the governor, the chief justice of the supreme
court, the president of the senate, the speaker of the house of
representatives, the director of mental health, and the director
of developmental disabilities, and make the report available to
the public;
(8) Upon request of the commission or of the chairperson of
the commission, report to the commission on specific litigation
issues or activities.
(G)(1) The legal rights service may act directly or contract
with other organizations or individuals for the provision of the
services envisioned under this section.
(2) Whenever possible, the administrator shall attempt to
facilitate the resolution of complaints through administrative
channels. Subject to division (G)(3) of this section, if attempts
at administrative resolution prove unsatisfactory, the
administrator may pursue any legal, administrative, and other
appropriate remedies or approaches that may be necessary to
accomplish the purposes of this section.
(3) The administrator may not pursue a class action lawsuit
under division (G)(2) of this section when attempts at
administrative resolution of a complaint prove unsatisfactory
under that division unless both of the following have first
occurred:
(a) At least four members of the commission, by their
affirmative vote, have consented to the pursuit of the class
action lawsuit;
(b) At least five members of the commission are present at
the meeting of the commission at which that consent is obtained.
(4)(B) All records received or maintained by the legal rights
service Ohio protection and advocacy system in connection with any
investigation, representation, or other activity under this
section shall be confidential and shall not be disclosed except as
authorized by the person represented by the legal rights service
Ohio protection and advocacy system or, subject to any privilege,
a guardian of the person or parent of the minor. Subject to
division (G)(5) of this section, relationships Relationships
between personnel and the agents of the legal rights service Ohio
protection and advocacy system and its clients shall be fiduciary
relationships, and all communications shall be privileged as if
between attorney and client.
(5) Any person who has been represented by the legal rights
service or who has applied for and been denied representation and
who files a grievance with the service concerning the
representation or application may appeal the decision of the
service on the grievance to the commission. The person may appeal
notwithstanding any objections of the person's legal guardian. The
commission may examine any records relevant to the appeal and
shall maintain the confidentiality of any records that are
required to be kept confidential.
(H)(C) The legal rights service, on the order of the
administrator, with the approval by an affirmative vote of at
least four members of the commission, Ohio protection and advocacy
system may compel by subpoena the appearance and sworn testimony
of any person the administrator Ohio protection and advocacy
system reasonably believes may be able to provide information or
to produce any documents, books, records, papers, or other
information necessary to carry out its duties. On the refusal of
any person to produce or authenticate any requested documents, the
legal rights service Ohio protection and advocacy system may apply
to the Franklin county court of common pleas to compel the
production or authentication of requested documents. If the court
finds that failure to produce or authenticate any requested
documents was improper, the court may hold the person in contempt
as in the case of disobedience of the requirements of a subpoena
issued from the court, or a refusal to testify in the court.
(I) The legal rights service may conduct public hearings.
(J) The legal rights service may request from any
governmental agency any cooperation, assistance, services, or data
that will enable it to perform its duties.
(K) In any malpractice action filed against the administrator
of the legal rights service, a member of the staff of the legal
rights service, or an attorney designated by the administrator to
perform legal services under division (E) of this section, the
state shall, when the administrator, member, or attorney has acted
in good faith and in the scope of employment, indemnify the
administrator, member, or attorney for any judgment awarded or
amount negotiated in settlement, and for any court costs or legal
fees incurred in defense of the claim.
This division does not limit or waive, and shall not be
construed to limit or waive, any defense that is available to the
legal rights service, its administrator or employees, persons
under a personal services contract with it, or persons designated
under division (E) of this section, including, but not limited to,
any defense available under section 9.86 of the Revised Code.
(L)(D) In addition to providing services to mentally ill,
mentally retarded, or developmentally disabled persons, when a
grant authorizing the provision of services to other individuals
is accepted pursuant to division (F)(4) of this section by the
Ohio protection and advocacy system, the legal rights service and
its ombudsperson section Ohio protection and advocacy system may
provide advocacy
or ombudsperson services to those other
individuals and exercise any other authority granted by this
section or sections 5123.601 to 5123.604 of the Revised Code on
behalf of those individuals. Determinations of whether an
individual is eligible for services under this division shall be
made by the legal rights service Ohio protection and advocacy
system.
Sec. 5123.61. (A) As used in this section:
(1) "Law enforcement agency" means the state highway patrol,
the police department of a municipal corporation, or a county
sheriff.
(2) "Abuse" has the same meaning as in section 5123.50 of the
Revised Code, except that it includes a misappropriation, as
defined in that section.
(3) "Neglect" has the same meaning as in section 5123.50 of
the Revised Code.
(B) The department of developmental disabilities shall
establish a registry office for the purpose of maintaining reports
of abuse, neglect, and other major unusual incidents made to the
department under this section and reports received from county
boards of developmental disabilities under section 5126.31 of the
Revised Code. The department shall establish committees to review
reports of abuse, neglect, and other major unusual incidents.
(C)(1) Any person listed in division (C)(2) of this section,
having reason to believe that a person with mental retardation or
a developmental disability has suffered or faces a substantial
risk of suffering any wound, injury, disability, or condition of
such a nature as to reasonably indicate abuse or neglect of that
person, shall immediately report or cause reports to be made of
such information to the entity specified in this division. Except
as provided in section 5120.173 of the Revised Code or as
otherwise provided in this division, the person making the report
shall make it to a law enforcement agency or to the county board
of developmental disabilities. If the report concerns a resident
of a facility operated by the department of developmental
disabilities the report shall be made either to a law enforcement
agency or to the department. If the report concerns any act or
omission of an employee of a county board of developmental
disabilities, the report immediately shall be made to the
department and to the county board.
(2) All of the following persons are required to make a
report under division (C)(1) of this section:
(a) Any physician, including a hospital intern or resident,
any dentist, podiatrist, chiropractor, practitioner of a limited
branch of medicine as specified in section 4731.15 of the Revised
Code, hospital administrator or employee of a hospital, nurse
licensed under Chapter 4723. of the Revised Code, employee of an
ambulatory health facility as defined in section 5101.61 of the
Revised Code, employee of a home health agency, employee of an
adult care facility licensed under Chapter 3722. of the Revised
Code, or employee of a community mental health facility;
(b) Any school teacher or school authority, social worker,
psychologist, attorney, peace officer, coroner, or residents'
rights advocate as defined in section 3721.10 of the Revised Code;
(c) A superintendent, board member, or employee of a county
board of developmental disabilities; an administrator, board
member, or employee of a residential facility licensed under
section 5123.19 of the Revised Code; an administrator, board
member, or employee of any other public or private provider of
services to a person with mental retardation or a developmental
disability, or any MR/DD employee, as defined in section 5123.50
of the Revised Code;
(d) A member of a citizen's advisory council established at
an institution or branch institution of the department of
developmental disabilities under section 5123.092 of the Revised
Code;
(e) A clergyman who is employed in a position that includes
providing specialized services to an individual with mental
retardation or another developmental disability, while acting in
an official or professional capacity in that position, or a person
who is employed in a position that includes providing specialized
services to an individual with mental retardation or another
developmental disability and who, while acting in an official or
professional capacity, renders spiritual treatment through prayer
in accordance with the tenets of an organized religion.
(3)(a) The reporting requirements of this division do not
apply to members of the legal rights service commission or to
employees of the legal rights service Ohio protection and advocacy
system.
(b) An attorney or physician is not required to make a report
pursuant to division (C)(1) of this section concerning any
communication the attorney or physician receives from a client or
patient in an attorney-client or physician-patient relationship,
if, in accordance with division (A) or (B) of section 2317.02 of
the Revised Code, the attorney or physician could not testify with
respect to that communication in a civil or criminal proceeding,
except that the client or patient is deemed to have waived any
testimonial privilege under division (A) or (B) of section 2317.02
of the Revised Code with respect to that communication and the
attorney or physician shall make a report pursuant to division
(C)(1) of this section, if both of the following apply:
(i) The client or patient, at the time of the communication,
is a person with mental retardation or a developmental disability.
(ii) The attorney or physician knows or suspects, as a result
of the communication or any observations made during that
communication, that the client or patient has suffered or faces a
substantial risk of suffering any wound, injury, disability, or
condition of a nature that reasonably indicates abuse or neglect
of the client or patient.
(4) Any person who fails to make a report required under
division (C) of this section and who is an MR/DD employee, as
defined in section 5123.50 of the Revised Code, shall be eligible
to be included in the registry regarding misappropriation, abuse,
neglect, or other specified misconduct by MR/DD employees
established under section 5123.52 of the Revised Code.
(D) The reports required under division (C) of this section
shall be made forthwith by telephone or in person and shall be
followed by a written report. The reports shall contain the
following:
(1) The names and addresses of the person with mental
retardation or a developmental disability and the person's
custodian, if known;
(2) The age of the person with mental retardation or a
developmental disability;
(3) Any other information that would assist in the
investigation of the report.
(E) When a physician performing services as a member of the
staff of a hospital or similar institution has reason to believe
that a person with mental retardation or a developmental
disability has suffered injury, abuse, or physical neglect, the
physician shall notify the person in charge of the institution or
that person's designated delegate, who shall make the necessary
reports.
(F) Any person having reasonable cause to believe that a
person with mental retardation or a developmental disability has
suffered or faces a substantial risk of suffering abuse or neglect
may report or cause a report to be made of that belief to the
entity specified in this division. Except as provided in section
5120.173 of the Revised Code or as otherwise provided in this
division, the person making the report shall make it to a law
enforcement agency or the county board of developmental
disabilities. If the person is a resident of a facility operated
by the department of developmental disabilities, the report shall
be made to a law enforcement agency or to the department. If the
report concerns any act or omission of an employee of a county
board of developmental disabilities, the report immediately shall
be made to the department and to the county board.
(G)(1) Upon the receipt of a report concerning the possible
abuse or neglect of a person with mental retardation or a
developmental disability, the law enforcement agency shall inform
the county board of developmental disabilities or, if the person
is a resident of a facility operated by the department of
developmental disabilities, the director of the department or the
director's designee.
(2) On receipt of a report under this section that includes
an allegation of action or inaction that may constitute a crime
under federal law or the law of this state, the department of
developmental disabilities shall notify the law enforcement
agency.
(3) When a county board of developmental disabilities
receives a report under this section that includes an allegation
of action or inaction that may constitute a crime under federal
law or the law of this state, the superintendent of the board or
an individual the superintendent designates under division (H) of
this section shall notify the law enforcement agency. The
superintendent or individual shall notify the department of
developmental disabilities when it receives any report under this
section.
(4) When a county board of developmental disabilities
receives a report under this section and believes that the degree
of risk to the person is such that the report is an emergency, the
superintendent of the board or an employee of the board the
superintendent designates shall attempt a face-to-face contact
with the person with mental retardation or a developmental
disability who allegedly is the victim within one hour of the
board's receipt of the report.
(H) The superintendent of the board may designate an
individual to be responsible for notifying the law enforcement
agency and the department when the county board receives a report
under this section.
(I) An adult with mental retardation or a developmental
disability about whom a report is made may be removed from the
adult's place of residence only by law enforcement officers who
consider that the adult's immediate removal is essential to
protect the adult from further injury or abuse or in accordance
with the order of a court made pursuant to section 5126.33 of the
Revised Code.
(J) A law enforcement agency shall investigate each report of
abuse or neglect it receives under this section. In addition, the
department, in cooperation with law enforcement officials, shall
investigate each report regarding a resident of a facility
operated by the department to determine the circumstances
surrounding the injury, the cause of the injury, and the person
responsible. The investigation shall be in accordance with the
memorandum of understanding prepared under section 5126.058 of the
Revised Code. The department shall determine, with the registry
office which shall be maintained by the department, whether prior
reports have been made concerning an adult with mental retardation
or a developmental disability or other principals in the case. If
the department finds that the report involves action or inaction
that may constitute a crime under federal law or the law of this
state, it shall submit a report of its investigation, in writing,
to the law enforcement agency. If the person with mental
retardation or a developmental disability is an adult, with the
consent of the adult, the department shall provide such protective
services as are necessary to protect the adult. The law
enforcement agency shall make a written report of its findings to
the department.
If the person is an adult and is not a resident of a facility
operated by the department, the county board of developmental
disabilities shall review the report of abuse or neglect in
accordance with sections 5126.30 to 5126.33 of the Revised Code
and the law enforcement agency shall make the written report of
its findings to the county board.
(K) Any person or any hospital, institution, school, health
department, or agency participating in the making of reports
pursuant to this section, any person participating as a witness in
an administrative or judicial proceeding resulting from the
reports, or any person or governmental entity that discharges
responsibilities under sections 5126.31 to 5126.33 of the Revised
Code shall be immune from any civil or criminal liability that
might otherwise be incurred or imposed as a result of such actions
except liability for perjury, unless the person or governmental
entity has acted in bad faith or with malicious purpose.
(L) No employer or any person with the authority to do so
shall discharge, demote, transfer, prepare a negative work
performance evaluation, reduce pay or benefits, terminate work
privileges, or take any other action detrimental to an employee or
retaliate against an employee as a result of the employee's having
made a report under this section. This division does not preclude
an employer or person with authority from taking action with
regard to an employee who has made a report under this section if
there is another reasonable basis for the action.
(M) Reports made under this section are not public records as
defined in section 149.43 of the Revised Code. Information
contained in the reports on request shall be made available to the
person who is the subject of the report, to the person's legal
counsel, and to agencies authorized to receive information in the
report by the department or by a county board of developmental
disabilities.
(N) Notwithstanding section 4731.22 of the Revised Code, the
physician-patient privilege shall not be a ground for excluding
evidence regarding the injuries or physical neglect of a person
with mental retardation or a developmental disability or the cause
thereof in any judicial proceeding resulting from a report
submitted pursuant to this section.
Sec. 5123.63. Every state agency, county board of
developmental disabilities, or political subdivision that provides
services, either directly or through a contract, to persons with
mental retardation or a developmental disability shall give each
provider a copy of the list of rights contained in section 5123.62
of the Revised Code. Each public and private provider of services
shall carry out the requirements of this section in addition to
any other posting or notification requirements imposed by local,
state, or federal law or rules.
The provider shall make copies of the list of rights and
shall be responsible for an initial distribution of the list to
each individual receiving services from the provider. If the
individual is unable to read the list, the provider shall
communicate the contents of the list to the individual to the
extent practicable in a manner that the individual understands.
The individual receiving services or the parent, guardian, or
advocate of the individual shall sign an acknowledgement of
receipt of a copy of the list of rights, and a copy of the signed
acknowledgement shall be placed in the individual's file. The
provider shall also be responsible for answering any questions and
giving any explanations necessary to assist the individual to
understand the rights enumerated. Instruction in these rights
shall be documented.
Each provider shall make available to all persons receiving
services and all employees and visitors a copy of the list of
rights and the addresses and telephone numbers of the legal rights
service Ohio protection and advocacy system, the department of
developmental disabilities, and the county board of developmental
disabilities of the county in which the provider provides
services.
Sec. 5123.64. (A) Every provider of services to persons with
mental retardation or a developmental disability shall establish
policies and programs to ensure that all staff members are
familiar with the rights enumerated in section 5123.62 of the
Revised Code and observe those rights in their contacts with
persons receiving services. Any policy, procedure, or rule of the
provider that conflicts with any of the rights enumerated shall be
null and void. Every provider shall establish written procedures
for resolving complaints of violations of those rights. A copy of
the procedures shall be provided to any person receiving services
or to any parent, guardian, or advocate of a person receiving
services.
(B) Any person with mental retardation or a developmental
disability who believes that the person's rights as enumerated in
section 5123.62 of the Revised Code have been violated may:
(1) Bring the violation to the attention of the provider for
resolution;
(2) Report the violation to the department of developmental
disabilities, the
ombudsperson section of the legal rights service
Ohio protection and advocacy system, or the appropriate county
board of developmental disabilities;
(3) Take any other appropriate action to ensure compliance
with sections 5123.60 5123.61 to 5123.64 of the Revised Code,
including the filing of a legal action to enforce rights or to
recover damages for violation of rights.
Sec. 5123.69. (A) Except as provided in division (E)(D) of
this section, any person who is eighteen years of age or older and
who is or believes self to be mentally retarded may make written
application to the managing officer of any institution for
voluntary admission. Except as provided in division (E)(D) of this
section, the application may be made on behalf of a minor by a
parent or guardian, and on behalf of an adult adjudicated mentally
incompetent by a guardian.
(B) The managing officer of an institution, with the
concurrence of the chief program director, may admit a person
applying pursuant to this section only after a comprehensive
evaluation has been made of the person and only if the
comprehensive evaluation concludes that the person is mentally
retarded and would benefit significantly from admission.
(C) If application for voluntary admission of a minor or of a
person adjudicated mentally incompetent is made by the parent or
guardian of the minor or by the guardian of an incompetent and the
minor or incompetent is admitted, the probate division of the
court of common pleas shall determine, upon petition by the legal
rights service, whether the voluntary admission or continued
institutionalization is in the best interest of the minor or
incompetent.
(D) The managing officer shall discharge any voluntary
resident if, in the judgment of the chief program director, the
results of a comprehensive examination indicate that
institutionalization no longer is advisable. In light of the
results of the comprehensive evaluation, the managing officer also
may discharge any voluntary resident if, in the judgment of the
chief program director, the discharge would contribute to the most
effective use of the institution in the habilitation and care of
the mentally retarded.
(E)(D) A person who is found incompetent to stand trial or
not guilty by reason of insanity and who is committed pursuant to
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code shall not voluntarily commit self pursuant to this section
until after the final termination of the commitment, as described
in division (J) of section 2945.401 of the Revised Code.
Sec. 5123.701. (A) Except as provided in division (E)(D) of
this section, any person in the community who is eighteen years of
age or older and who is or believes self to be mentally retarded
may make written application to the managing officer of any
institution for temporary admission for short-term care. The
application may be made on behalf of a minor by a parent or
guardian, and on behalf of an adult adjudicated mentally
incompetent by a guardian.
(B) For purposes of this section, short-term care shall be
defined to mean appropriate services provided to a person with
mental retardation for no more than fourteen consecutive days and
for no more than forty-two days in a fiscal year. When
circumstances warrant, the fourteen-day period may be extended at
the discretion of the managing officer. Short-term care is
provided in a developmental center to meet the family's or
caretaker's needs for separation from the person with mental
retardation.
(C) The managing officer of an institution, with the
concurrence of the chief program director, may admit a person for
short-term care only after a medical examination has been made of
the person and only if the managing officer concludes that the
person is mentally retarded.
(D) If application for admission for short-term care of a
minor or of a person adjudicated mentally incompetent is made by
the minor's parent or guardian or by the incompetent's guardian
and the minor or incompetent is admitted, the probate division of
the court of common pleas shall determine, upon petition by the
legal rights service, whether the admission for short-term care is
in the best interest of the minor or the incompetent.
(E) A person who is found not guilty by reason of insanity
shall not admit self to an institution for short-term care unless
a hearing was held regarding the person pursuant to division (A)
of section 2945.40 of the Revised Code and either of the following
applies:
(1) The person was found at the hearing not to be a mentally
retarded person subject to institutionalization by court order;
(2) The person was found at the hearing to be a mentally
retarded person subject to institutionalization by court order,
was involuntarily committed, and was finally discharged.
(F)(E) The mentally retarded person, liable relatives, and
guardians of mentally retarded persons admitted for respite care
shall pay support charges in accordance with sections 5121.01 to
5121.21 of the Revised Code.
(G)(F) At the conclusion of each period of short-term care,
the person shall return to the person's family or caretaker. Under
no circumstances shall a person admitted for short-term care
according to this section remain in the institution after the
period of short-term care unless the person is admitted according
to section 5123.70, sections 5123.71 to 5123.76, or section
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code.
Sec. 5123.86. (A) Except as provided in divisions (C), (D),
(E), and (F) of this section, the chief medical officer shall
provide all information, including expected physical and medical
consequences, necessary to enable any resident of an institution
for the mentally retarded to give a fully informed, intelligent,
and knowing consent if any of the following procedures are
proposed:
(3) Major aversive interventions;
(5) Experimental procedures;
(6) Any unusual or hazardous treatment procedures.
(B) No resident shall be subjected to any of the procedures
listed in division (A)(4), (5), or (6) of this section without the
resident's informed consent.
(C) If a resident is physically or mentally unable to receive
the information required for surgery under division (A)(1) of this
section, or has been adjudicated incompetent, the information may
be provided to the resident's natural or court-appointed guardian,
including an agency providing guardianship services under contract
with the department of developmental disabilities under sections
5123.55 to 5123.59 of the Revised Code, who may give the informed,
intelligent, and knowing written consent for surgery. Consent for
surgery shall not be provided by a guardian who is an officer or
employee of the department of mental health or the department of
developmental disabilities.
If a resident is physically or mentally unable to receive the
information required for surgery under division (A)(1) of this
section and has no guardian, then the information, the
recommendation of the chief medical officer, and the concurring
judgment of a licensed physician who is not a full-time employee
of the state may be provided to the court in the county in which
the institution is located, which may approve the surgery. Before
approving the surgery, the court shall notify the legal rights
service Ohio protection and advocacy system created by section
5123.60 of the Revised Code, and shall notify the resident of the
resident's rights to consult with counsel, to have counsel
appointed by the court if the resident is indigent, and to contest
the recommendation of the chief medical officer.
(D) If, in the judgment of two licensed physicians, delay in
obtaining consent for surgery would create a grave danger to the
health of a resident, emergency surgery may be performed without
the consent of the resident if the necessary information is
provided to the resident's guardian, including an agency providing
guardianship services under contract with the department of
developmental disabilities under sections 5123.55 to 5123.59 of
the Revised Code, or to the resident's spouse or next of kin to
enable that person or agency to give an informed, intelligent, and
knowing written consent.
If the guardian, spouse, or next of kin cannot be contacted
through exercise of reasonable diligence, or if the guardian,
spouse, or next of kin is contacted, but refuses to consent, then
the emergency surgery may be performed upon the written
authorization of the chief medical officer and after court
approval has been obtained. However, if delay in obtaining court
approval would create a grave danger to the life of the resident,
the chief medical officer may authorize surgery, in writing,
without court approval. If the surgery is authorized without court
approval, the chief medical officer who made the authorization and
the physician who performed the surgery shall each execute an
affidavit describing the circumstances constituting the emergency
and warranting the surgery and the circumstances warranting their
not obtaining prior court approval. The affidavit shall be filed
with the court with which the request for prior approval would
have been filed within five court days after the surgery, and a
copy of the affidavit shall be placed in the resident's file and
shall be given to the guardian, spouse, or next of kin of the
resident, to the hospital at which the surgery was performed, and
to the legal rights service Ohio protection and advocacy system
created by section 5123.60 of the Revised Code.
(E)(1) If it is the judgment of two licensed physicians, as
described in division (E)(2) of this section, that a medical
emergency exists and delay in obtaining convulsive therapy creates
a grave danger to the life of a resident who is both mentally
retarded and mentally ill, convulsive therapy may be administered
without the consent of the resident if the resident is physically
or mentally unable to receive the information required for
convulsive therapy and if the necessary information is provided to
the resident's natural or court-appointed guardian, including an
agency providing guardianship services under contract with the
department of developmental disabilities under sections 5123.55 to
5123.59 of the Revised Code, or to the resident's spouse or next
of kin to enable that person or agency to give an informed,
intelligent, and knowing written consent. If neither the
resident's guardian, spouse, nor next of kin can be contacted
through exercise of reasonable diligence, or if the guardian,
spouse, or next of kin is contacted, but refuses to consent, then
convulsive therapy may be performed upon the written authorization
of the chief medical officer and after court approval has been
obtained.
(2) The two licensed physicians referred to in division
(E)(1) of this section shall not be associated with each other in
the practice of medicine or surgery by means of a partnership or
corporate arrangement, other business arrangement, or employment.
At least one of the physicians shall be a psychiatrist as defined
in division (E) of section 5122.01 of the Revised Code.
(F) Major aversive interventions shall not be used unless a
resident continues to engage in behavior destructive to self or
others after other forms of therapy have been attempted. The
director of the legal rights service created by section 5123.60 of
the Revised Code shall be notified of any proposed major aversive
intervention. Major aversive interventions shall not be applied to
a voluntary resident without the informed, intelligent, and
knowing written consent of the resident or the resident's
guardian, including an agency providing guardianship services
under contract with the department of developmental disabilities
under sections 5123.55 to 5123.59 of the Revised Code.
(G)(1) This chapter does not authorize any form of compulsory
medical or psychiatric treatment of any resident who is being
treated by spiritual means through prayer alone in accordance with
a recognized religious method of healing.
(2) For purposes of this section, "convulsive therapy" does
not include defibrillation.
Sec. 5123.99. (A) Whoever violates section 5123.16 or
5123.20 of the Revised Code is guilty of a misdemeanor of the
first degree.
(B) Whoever violates division (C), (E), or (G)(3) of section
5123.61 of the Revised Code is guilty of a misdemeanor of the
fourth degree or, if the abuse or neglect constitutes a felony, a
misdemeanor of the second degree. In addition to any other
sanction or penalty authorized or required by law, if a person who
is convicted of or pleads guilty to a violation of division (C),
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD
employee, as defined in section 5123.50 of the Revised Code, the
offender shall be eligible to be included in the registry
regarding misappropriation, abuse, neglect, or other specified
misconduct by MR/DD employees established under section 5123.52 of
the Revised Code.
(C) Whoever violates division (A) of section 5123.604 of the
Revised Code is guilty of a misdemeanor of the second degree.
(D) Whoever violates division (B) of section 5123.604 of the
Revised Code shall be fined not more than one thousand dollars.
Each violation constitutes a separate offense.
Sec. 5126.01. As used in this chapter:
(A) As used in this division, "adult" means an individual who
is eighteen years of age or over and not enrolled in a program or
service under Chapter 3323. of the Revised Code and an individual
sixteen or seventeen years of age who is eligible for adult
services under rules adopted by the director of developmental
disabilities pursuant to Chapter 119. of the Revised Code.
(1) "Adult services" means services provided to an adult
outside the home, except when they are provided within the home
according to an individual's assessed needs and identified in an
individual service plan, that support learning and assistance in
the area of self-care, sensory and motor development,
socialization, daily living skills, communication, community
living, social skills, or vocational skills.
(2) "Adult services" includes all of the following:
(a) Adult day habilitation services;
(c) Prevocational services;
(d) Sheltered employment;
(e) Educational experiences and training obtained through
entities and activities that are not expressly intended for
individuals with mental retardation and developmental
disabilities, including trade schools, vocational or technical
schools, adult education, job exploration and sampling, unpaid
work experience in the community, volunteer activities, and
spectator sports;
(f) Community employment services and supported employment
services.
(B)(1) "Adult day habilitation services" means adult services
that do the following:
(a) Provide access to and participation in typical activities
and functions of community life that are desired and chosen by the
general population, including such activities and functions as
opportunities to experience and participate in community
exploration, companionship with friends and peers, leisure
activities, hobbies, maintaining family contacts, community
events, and activities where individuals without disabilities are
involved;
(b) Provide supports or a combination of training and
supports that afford an individual a wide variety of opportunities
to facilitate and build relationships and social supports in the
community.
(2) "Adult day habilitation services" includes all of the
following:
(a) Personal care services needed to ensure an individual's
ability to experience and participate in vocational services,
educational services, community activities, and any other adult
day habilitation services;
(b) Skilled services provided while receiving adult day
habilitation services, including such skilled services as behavior
management intervention, occupational therapy, speech and language
therapy, physical therapy, and nursing services;
(c) Training and education in self-determination designed to
help the individual do one or more of the following: develop
self-advocacy skills, exercise the individual's civil rights,
acquire skills that enable the individual to exercise control and
responsibility over the services received, and acquire skills that
enable the individual to become more independent, integrated, or
productive in the community;
(d) Recreational and leisure activities identified in the
individual's service plan as therapeutic in nature or assistive in
developing or maintaining social supports;
(e) Counseling and assistance provided to obtain housing,
including such counseling as identifying options for either rental
or purchase, identifying financial resources, assessing needs for
environmental modifications, locating housing, and planning for
ongoing management and maintenance of the housing selected;
(f) Transportation necessary to access adult day habilitation
services;
(g) Habilitation management, as described in section 5126.14
of the Revised Code.
(3) "Adult day habilitation services" does not include
activities that are components of the provision of residential
services, family support services, or supported living services.
(C) "Appointing authority" means the following:
(1) In the case of a member of a county board of
developmental disabilities appointed by, or to be appointed by, a
board of county commissioners, the board of county commissioners;
(2) In the case of a member of a county board appointed by,
or to be appointed by, a senior probate judge, the senior probate
judge.
(D) "Community employment services" or "supported employment
services" means job training and other services related to
employment outside a sheltered workshop. "Community employment
services" or "supported employment services" include all of the
following:
(1) Job training resulting in the attainment of competitive
work, supported work in a typical work environment, or
self-employment;
(2) Supervised work experience through an employer paid to
provide the supervised work experience;
(3) Ongoing work in a competitive work environment at a wage
commensurate with workers without disabilities;
(4) Ongoing supervision by an employer paid to provide the
supervision.
(E) As used in this division, "substantial functional
limitation," "developmental delay," and "established risk" have
the meanings established pursuant to section 5123.011 of the
Revised Code.
"Developmental disability" means a severe, chronic disability
that is characterized by all of the following:
(1) It is attributable to a mental or physical impairment or
a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code;
(2) It is manifested before age twenty-two;
(3) It is likely to continue indefinitely;
(4) It results in one of the following:
(a) In the case of a person under age three, at least one
developmental delay or an established risk;
(b) In the case of a person at least age three but under age
six, at least two developmental delays or an established risk;
(c) In the case of a person age six or older, a substantial
functional limitation in at least three of the following areas of
major life activity, as appropriate for the person's age:
self-care, receptive and expressive language, learning, mobility,
self-direction, capacity for independent living, and, if the
person is at least age sixteen, capacity for economic
self-sufficiency.
(5) It causes the person to need a combination and sequence
of special, interdisciplinary, or other type of care, treatment,
or provision of services for an extended period of time that is
individually planned and coordinated for the person.
(F) "Early childhood services" means a planned program of
habilitation designed to meet the needs of individuals with mental
retardation or other developmental disabilities who have not
attained compulsory school age.
(G)(1) "Environmental modifications" means the physical
adaptations to an individual's home, specified in the individual's
service plan, that are necessary to ensure the individual's
health, safety, and welfare or that enable the individual to
function with greater independence in the home, and without which
the individual would require institutionalization.
(2) "Environmental modifications" includes such adaptations
as installation of ramps and grab-bars, widening of doorways,
modification of bathroom facilities, and installation of
specialized electric and plumbing systems necessary to accommodate
the individual's medical equipment and supplies.
(3) "Environmental modifications" does not include physical
adaptations or improvements to the home that are of general
utility or not of direct medical or remedial benefit to the
individual, including such adaptations or improvements as
carpeting, roof repair, and central air conditioning.
(H) "Family support services" means the services provided
under a family support services program operated under section
5126.11 of the Revised Code.
(I) "Habilitation" means the process by which the staff of
the facility or agency assists an individual with mental
retardation or other developmental disability in acquiring and
maintaining those life skills that enable the individual to cope
more effectively with the demands of the individual's own person
and environment, and in raising the level of the individual's
personal, physical, mental, social, and vocational efficiency.
Habilitation includes, but is not limited to, programs of formal,
structured education and training.
(J) "Home and community-based services" means medicaid-funded
home and community-based services specified in division (B)(1) of
section 5111.87 of the Revised Code and provided under the
medicaid waiver components the department of developmental
disabilities administers pursuant to section 5111.871 of the
Revised Code.
However, home and community-based services provided
under the medicaid waiver component known as the transitions
developmental disabilities waiver are to be considered to be home
and community-based services for the purposes of this chapter only
to the extent, if any, provided by the contract required by
section 5111.871 of the Revised Code regarding the waiver.
(K) "Immediate family" means parents, grandparents, brothers,
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and
daughters-in-law.
(L) "Medicaid" has the same meaning as in section 5111.01 of
the Revised Code.
(M) "Medicaid case management services" means case management
services provided to an individual with mental retardation or
other developmental disability that the state medicaid plan
requires.
(N) "Mental retardation" means a mental impairment manifested
during the developmental period characterized by significantly
subaverage general intellectual functioning existing concurrently
with deficiencies in the effectiveness or degree with which an
individual meets the standards of personal independence and social
responsibility expected of the individual's age and cultural
group.
(O) "Residential services" means services to individuals with
mental retardation or other developmental disabilities to provide
housing, food, clothing, habilitation, staff support, and related
support services necessary for the health, safety, and welfare of
the individuals and the advancement of their quality of life.
"Residential services" includes program management, as described
in section 5126.14 of the Revised Code.
(P) "Resources" means available capital and other assets,
including moneys received from the federal, state, and local
governments, private grants, and donations; appropriately
qualified personnel; and appropriate capital facilities and
equipment.
(Q) "Senior probate judge" means the current probate judge of
a county who has served as probate judge of that county longer
than any of the other current probate judges of that county. If a
county has only one probate judge, "senior probate judge" means
that probate judge.
(R) "Service and support administration" means the duties
performed by a service and support administrator pursuant to
section 5126.15 of the Revised Code.
(S)(1) "Specialized medical, adaptive, and assistive
equipment, supplies, and supports" means equipment, supplies, and
supports that enable an individual to increase the ability to
perform activities of daily living or to perceive, control, or
communicate within the environment.
(2) "Specialized medical, adaptive, and assistive equipment,
supplies, and supports" includes the following:
(a) Eating utensils, adaptive feeding dishes, plate guards,
mylatex straps, hand splints, reaches, feeder seats, adjustable
pointer sticks, interpreter services, telecommunication devices
for the deaf, computerized communications boards, other
communication devices, support animals, veterinary care for
support animals, adaptive beds, supine boards, prone boards,
wedges, sand bags, sidelayers, bolsters, adaptive electrical
switches, hand-held shower heads, air conditioners, humidifiers,
emergency response systems, folding shopping carts, vehicle lifts,
vehicle hand controls, other adaptations of vehicles for
accessibility, and repair of the equipment received.
(b) Nondisposable items not covered by medicaid that are
intended to assist an individual in activities of daily living or
instrumental activities of daily living.
(T) "Supportive home services" means a range of services to
families of individuals with mental retardation or other
developmental disabilities to develop and maintain increased
acceptance and understanding of such persons, increased ability of
family members to teach the person, better coordination between
school and home, skills in performing specific therapeutic and
management techniques, and ability to cope with specific
situations.
(U)(1) "Supported living" means services provided for as long
as twenty-four hours a day to an individual with mental
retardation or other developmental disability through any public
or private resources, including moneys from the individual, that
enhance the individual's reputation in community life and advance
the individual's quality of life by doing the following:
(a) Providing the support necessary to enable an individual
to live in a residence of the individual's choice, with any number
of individuals who are not disabled, or with not more than three
individuals with mental retardation and developmental disabilities
unless the individuals are related by blood or marriage;
(b) Encouraging the individual's participation in the
community;
(c) Promoting the individual's rights and autonomy;
(d) Assisting the individual in acquiring, retaining, and
improving the skills and competence necessary to live successfully
in the individual's residence.
(2) "Supported living" includes the provision of all of the
following:
(a) Housing, food, clothing, habilitation, staff support,
professional services, and any related support services necessary
to ensure the health, safety, and welfare of the individual
receiving the services;
(b) A combination of lifelong or extended-duration
supervision, training, and other services essential to daily
living, including assessment and evaluation and assistance with
the cost of training materials, transportation, fees, and
supplies;
(c) Personal care services and homemaker services;
(d) Household maintenance that does not include modifications
to the physical structure of the residence;
(e) Respite care services;
(f) Program management, as described in section 5126.14 of
the Revised Code.
Sec. 5126.029. (A) Each county board of developmental
disabilities shall hold an organizational meeting no later than
the thirty-first day of January of each year and shall elect its
officers, which shall include a president, vice-president, and
recording secretary. After its annual organizational meeting, the
board shall meet in such manner and at such times as prescribed by
rules adopted by the board, but the board shall meet at least ten
the following number of times annually in regularly scheduled
sessions in accordance with section 121.22 of the Revised Code,
not including in-service training sessions:
(1) Unless division (A)(2) of this section applies to the
board, ten;
(2) If the board shares a superintendent or other
administrative staff with one or more other boards of
developmental disabilities, eight. A
(B) A majority of the board constitutes a quorum. The board
shall adopt rules for the conduct of its business and a record
shall be kept of board proceedings, which shall be open for public
inspection.
Sec. 5126.04. (A) Each county board of developmental
disabilities shall plan and set priorities based on available
resources for the provision of facilities, programs, and other
services to meet the needs of county residents who are individuals
with mental retardation and other developmental disabilities,
former residents of the county residing in state institutions or,
before the effective date of this amendment, placed under purchase
of service agreements under section 5123.18 of the Revised Code,
and children subject to a determination made pursuant to section
121.38 of the Revised Code.
Each county board shall assess the facility and service needs
of the individuals with mental retardation and other developmental
disabilities who are residents of the county or former residents
of the county residing in state institutions or, before the
effective date of this amendment, placed under purchase of service
agreements under section 5123.18 of the Revised Code.
Each county board shall require individual habilitation or
service plans for individuals with mental retardation and other
developmental disabilities who are being served or who have been
determined eligible for services and are awaiting the provision of
services. Each board shall ensure that methods of having their
service needs evaluated are available.
(B)(1) If a foster child is in need of assessment for
eligible services or is receiving services from a county board of
developmental disabilities and that child is placed in a different
county, the agency that placed the child, immediately upon
placement, shall inform the county board in the new county all of
the following:
(a) That a foster child has been placed in that county;
(b) The name and other identifying information of the foster
child;
(c) The name of the foster child's previous county of
residence;
(d) That the foster child was in need of assessment for
eligible services or was receiving services from the county board
of developmental disabilities in the previous county.
(2) Upon receiving the notice described in division (B)(1) of
this section or otherwise learning that the child was in need of
assessment for eligible services or was receiving services from a
county board of developmental disabilities in the previous county,
the county board in the new county shall communicate with the
county board of the previous county to determine how services for
the foster child shall be provided in accordance with each board's
plan and priorities as described in division (A) of this section.
If the two county boards are unable to reach an agreement
within ten days of the child's placement, the county board in the
new county shall send notice to the Ohio department of
developmental disabilities of the failure to agree. The department
shall decide how services shall be provided for the foster child
within ten days of receiving notice that the county boards could
not reach an agreement. The department may decide that one, or
both, of the county boards shall provide services. The services
shall be provided in accordance with the board's plan and
priorities as described in division (A) of this section.
(C) The department of developmental disabilities may adopt
rules in accordance with Chapter 119. of the Revised Code as
necessary to implement this section. To the extent that rules
adopted under this section apply to the identification and
placement of children with disabilities under Chapter 3323. of the
Revised Code, the rules shall be consistent with the standards and
procedures established under sections 3323.03 to 3323.05 of the
Revised Code.
(D) The responsibility or authority of a county board to
provide services under this chapter does not affect the
responsibility of any other entity of state or local government to
provide services to individuals with mental retardation and
developmental disabilities.
(E) On or before the first day of February prior to a school
year, a county board of developmental disabilities may elect not
to participate during that school year in the provision of or
contracting for educational services for children ages six through
twenty-one years of age, provided that on or before that date the
board gives notice of this election to the superintendent of
public instruction, each school district in the county, and the
educational service center serving the county. If a board makes
this election, it shall not have any responsibility for or
authority to provide educational services that school year for
children ages six through twenty-one years of age. If a board does
not make an election for a school year in accordance with this
division, the board shall be deemed to have elected to participate
during that school year in the provision of or contracting for
educational services for children ages six through twenty-one
years of age.
(F) If a county board of developmental disabilities elects to
provide educational services during a school year to individuals
six through twenty-one years of age who have multiple
disabilities, the board may provide these services to individuals
who are appropriately identified and determined eligible pursuant
to Chapter 3323. of the Revised Code, and in accordance with
applicable rules of the state board of education. The county board
may also provide related services to individuals six through
twenty-one years of age who have one or more disabling conditions,
in accordance with section 3317.20 and Chapter 3323. of the
Revised Code and applicable rules of the state board of education.
Sec. 5126.042. (A) As used in this section:
(1) "Emergency" means any situation that creates for an
individual with mental retardation or developmental disabilities a
risk of substantial self-harm or substantial harm to others if
action is not taken within thirty days. An "emergency" may include
one or more of the following situations:
(a) Loss of present residence for any reason, including legal
action;
(b) Loss of present caretaker for any reason, including
serious illness of the caretaker, change in the caretaker's
status, or inability of the caretaker to perform effectively for
the individual;
(c) Abuse, neglect, or exploitation of the individual;
(d) Health and safety conditions that pose a serious risk to
the individual or others of immediate harm or death;
(e) Change in the emotional or physical condition of the
individual that necessitates substantial accommodation that cannot
be reasonably provided by the individual's existing caretaker.
(2) "Service substitution list" means a service substitution
list established by a county board of developmental disabilities
before September 1, 2008, pursuant to division (B) of this section
as this section existed on the day immediately before September 1,
2008.
(B) If a Each county board of developmental disabilities
determines that available resources are not sufficient to meet the
needs of all individuals who request programs and services and may
be offered the programs and services, it shall establish waiting
lists for services in accordance with rules the director of
developmental disabilities shall adopt in accordance with Chapter
119. of the Revised Code. The board may establish priorities for
making placements on its waiting lists according to an
individual's emergency status and shall establish priorities in
accordance with divisions (D) and (E) of this section All of the
following apply to the rules adopted under this section:
(A) The rules may include standards for determining which
individuals on a waiting list should have priority for a service
for which the waiting list is established.
(B) The rules shall include procedures to be followed to
ensure that the due process rights of individuals on a waiting
list are not violated.
(C) The following take precedence over the rules:
(1) Medicaid rules and regulations;
(2) Any specific requirements that may be contained within a
medicaid state plan amendment or waiver program that a county
board has authority to administer or with respect to which it has
authority to provide services.
The individuals who may be placed on a waiting list include
individuals with a need for services on an emergency basis and
individuals who have requested services for which resources are
not available.
An individual placed on a county board's service substitution
list before September 1, 2008, for the purpose of obtaining home
and community-based services shall be deemed to have been placed
on the county board's waiting list for home and community-based
services on the date the individual made a request to the county
board that the individual receive home and community-based
services instead of the services the individual received at the
time the request for home and community-based services was made to
the county board.
(C) A county board shall establish a separate waiting list
for each of the following categories of services, and may
establish separate waiting lists within the waiting lists:
(1) Early childhood services;
(2) Educational programs for preschool and school age
children;
(4) Service and support administration;
(5) Residential services and supported living;
(6) Transportation services;
(7) Other services determined necessary and appropriate for
persons with mental retardation or a developmental disability
according to their individual habilitation or service plans;
(8) Family support services provided under section 5126.11 of
the Revised Code.
(D) Except as provided in division (G) of this section, a
county board shall do, as priorities, all of the following in
accordance with the assessment component, approved under section
5123.046 of the Revised Code, of the county board's plan developed
under section 5126.054 of the Revised Code:
(1) For the purpose of obtaining additional federal medicaid
funds for home and community-based services and medicaid case
management services, do both of the following:
(a) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include supported living,
residential services, or family support services:
(i) Is twenty-two years of age or older;
(ii) Receives supported living or family support services.
(b) Give an individual who is eligible for home and
community-based services and meets both of the following
requirements priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services that include adult services:
(i) Resides in the individual's own home or the home of the
individual's family and will continue to reside in that home after
enrollment in home and community-based services;
(ii) Receives adult services from the county board.
(2) As federal medicaid funds become available pursuant to
division (D)(1) of this section, give an individual who is
eligible for home and community-based services and meets any of
the following requirements priority for such services over any
other individual on a waiting list established under division (C)
of this section:
(a) Does not receive residential services or supported
living, either needs services in the individual's current living
arrangement or will need services in a new living arrangement, and
has a primary caregiver who is sixty years of age or older;
(b) Is less than twenty-two years of age and has at least one
of the following service needs that are unusual in scope or
intensity:
(i) Severe behavior problems for which a behavior support
plan is needed;
(ii) An emotional disorder for which anti-psychotic
medication is needed;
(iii) A medical condition that leaves the individual
dependent on life-support medical technology;
(iv) A condition affecting multiple body systems for which a
combination of specialized medical, psychological, educational, or
habilitation services are needed;
(v) A condition the county board determines to be comparable
in severity to any condition described in divisions (D)(2)(b)(i)
to (iv) of this section and places the individual at significant
risk of institutionalization.
(c) Is twenty-two years of age or older, does not receive
residential services or supported living, and is determined by the
county board to have intensive needs for home and community-based
services on an in-home or out-of-home basis.
(E) Except as provided in division (G) of this section and
for a number of years and beginning on a date specified in rules
adopted under division (K) of this section, a county board shall
give an individual who is eligible for home and community-based
services, resides in a nursing facility, and chooses to move to
another setting with the help of home and community-based
services, priority over any other individual on a waiting list
established under division (C) of this section for home and
community-based services who does not meet these criteria.
(F) If two or more individuals on a waiting list established
under division (C) of this section for home and community-based
services have priority for the services pursuant to division
(D)(1) or (2) or (E) of this section, a county board may use
criteria specified in rules adopted under division (K)(2) of this
section in determining the order in which the individuals with
priority will be offered the services. Otherwise, the county board
shall offer the home and community-based services to such
individuals in the order they are placed on the waiting list.
(G) No individual may receive priority for services pursuant
to division (D) or (E) of this section over an individual placed
on a waiting list established under division (C) of this section
on an emergency status.
(H) Prior to establishing any waiting list under this
section, a county board shall develop and implement a policy for
waiting lists that complies with this section and rules adopted
under division (K) of this section.
Prior to placing an individual on a waiting list, the county
board shall assess the service needs of the individual in
accordance with all applicable state and federal laws. The county
board shall place the individual on the appropriate waiting list
and may place the individual on more than one waiting list. The
county board shall notify the individual of the individual's
placement and position on each waiting list on which the
individual is placed.
At least annually, the county board shall reassess the
service needs of each individual on a waiting list. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from the
waiting list. If it determines that an individual needs a program
or service other than the one for which the individual is on the
waiting list, the county board shall provide the program or
service to the individual or place the individual on a waiting
list for the program or service in accordance with the board's
policy for waiting lists.
When a program or service for which there is a waiting list
becomes available, the county board shall reassess the service
needs of the individual next scheduled on the waiting list to
receive that program or service. If the reassessment demonstrates
that the individual continues to need the program or service, the
board shall offer the program or service to the individual. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from the
waiting list. If it determines that an individual needs a program
or service other than the one for which the individual is on the
waiting list, the county board shall provide the program or
service to the individual or place the individual on a waiting
list for the program or service in accordance with the board's
policy for waiting lists. The county board shall notify the
individual of the individual's placement and position on the
waiting list on which the individual is placed.
(I) A child subject to a determination made pursuant to
section 121.38 of the Revised Code who requires the home and
community-based services provided through a medicaid component
that the department of developmental disabilities administers
under section 5111.871 of the Revised Code shall receive services
through that medicaid component. For all other services, a child
subject to a determination made pursuant to section 121.38 of the
Revised Code shall be treated as an emergency by the county boards
and shall not be subject to a waiting list.
(J) Not later than the fifteenth day of March of each
even-numbered year, each county board shall prepare and submit to
the director of developmental disabilities its recommendations for
the funding of services for individuals with mental retardation
and developmental disabilities and its proposals for reducing the
waiting lists for services.
(K)(1) The department of developmental disabilities shall
adopt rules in accordance with Chapter 119. of the Revised Code
governing waiting lists established under this section. The rules
shall include procedures to be followed to ensure that the due
process rights of individuals placed on waiting lists are not
violated.
(2) As part of the rules adopted under this division, the
department shall adopt rules establishing criteria a county board
may use under division (F) of this section in determining the
order in which individuals with priority for home and
community-based services will be offered the services. The rules
shall also specify conditions under which a county board, when
there is no individual with priority for home and community-based
services pursuant to division (D)(1) or (2) or (E) of this section
available and appropriate for the services, may offer the services
to an individual on a waiting list for the services but not given
such priority for the services.
(3) As part of the rules adopted under this division, the
department shall adopt rules specifying both of the following for
the priority category established under division (E) of this
section:
(a) The number of years, which shall not exceed five, that
the priority category will be in effect;
(b) The date that the priority category is to go into effect.
(L) The following shall take precedence over the applicable
provisions of this section:
(1) Medicaid rules and regulations;
(2) Any specific requirements that may be contained within a
medicaid state plan amendment or waiver program that a county
board has authority to administer or with respect to which it has
authority to provide services, programs, or supports.
Sec. 5126.05. (A) Subject to the rules established by the
director of developmental disabilities pursuant to Chapter 119. of
the Revised Code for programs and services offered pursuant to
this chapter, and subject to the rules established by the state
board of education pursuant to Chapter 119. of the Revised Code
for programs and services offered pursuant to Chapter 3323. of the
Revised Code, the county board of developmental disabilities
shall:
(1) Administer and operate facilities, programs, and services
as provided by this chapter and Chapter 3323. of the Revised Code
and establish policies for their administration and operation;
(2) Coordinate, monitor, and evaluate existing services and
facilities available to individuals with mental retardation and
developmental disabilities;
(3) Provide early childhood services, supportive home
services, and adult services, according to the plan and priorities
developed under section 5126.04 of the Revised Code;
(4) Provide or contract for special education services
pursuant to Chapters 3306., 3317. and 3323. of the Revised Code
and ensure that related services, as defined in section 3323.01 of
the Revised Code, are available according to the plan and
priorities developed under section 5126.04 of the Revised Code;
(5) Adopt a budget, authorize expenditures for the purposes
specified in this chapter and do so in accordance with section
319.16 of the Revised Code, approve attendance of board members
and employees at professional meetings and approve expenditures
for attendance, and exercise such powers and duties as are
prescribed by the director;
(6) Submit annual reports of its work and expenditures,
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to
the director, the superintendent of public instruction, and the
board of county commissioners at the close of the fiscal year and
at such other times as may reasonably be requested;
(7) Authorize all positions of employment, establish
compensation, including but not limited to salary schedules and
fringe benefits for all board employees, approve contracts of
employment for management employees that are for a term of more
than one year, employ legal counsel under section 309.10 of the
Revised Code, and contract for employee benefits;
(8) Provide service and support administration in accordance
with section 5126.15 of the Revised Code;
(9) Certify respite care homes pursuant to rules adopted
under section 5123.171 of the Revised Code by the director of
developmental disabilities.
(B) To the extent that rules adopted under this section apply
to the identification and placement of children with disabilities
under Chapter 3323. of the Revised Code, they shall be consistent
with the standards and procedures established under sections
3323.03 to 3323.05 of the Revised Code.
(C) Any county board may enter into contracts with other such
boards and with public or private, nonprofit, or profit-making
agencies or organizations of the same or another county, to
provide the facilities, programs, and services authorized or
required, upon such terms as may be agreeable, and in accordance
with this chapter and Chapter 3323. of the Revised Code and rules
adopted thereunder and in accordance with sections 307.86 and
5126.071 of the Revised Code.
(D) A county board may combine transportation for children
and adults enrolled in programs and services offered under
section
5126.12 Chapter 5126. of the Revised Code with transportation for
children enrolled in classes funded under section 3317.20 or units
approved under section 3317.05 of the Revised Code.
(E) A county board may purchase all necessary insurance
policies, may purchase equipment and supplies through the
department of administrative services or from other sources, and
may enter into agreements with public agencies or nonprofit
organizations for cooperative purchasing arrangements.
(F) A county board may receive by gift, grant, devise, or
bequest any moneys, lands, or property for the benefit of the
purposes for which the board is established and hold, apply, and
dispose of the moneys, lands, and property according to the terms
of the gift, grant, devise, or bequest. All money received by
gift, grant, bequest, or disposition of lands or property received
by gift, grant, devise, or bequest shall be deposited in the
county treasury to the credit of such board and shall be available
for use by the board for purposes determined or stated by the
donor or grantor, but may not be used for personal expenses of the
board members. Any interest or earnings accruing from such gift,
grant, devise, or bequest shall be treated in the same manner and
subject to the same provisions as such gift, grant, devise, or
bequest.
(G) The board of county commissioners shall levy taxes and
make appropriations sufficient to enable the county board of
developmental disabilities to perform its functions and duties,
and may utilize any available local, state, and federal funds for
such purpose.
Sec. 5126.054. (A) Each county board of developmental
disabilities shall, by resolution, develop a three-calendar year
plan that includes the following three components:
(1) An assessment component that includes all of the
following:
(a) The number of individuals with mental retardation or
other developmental disability residing in the county who need the
level of care provided by an intermediate care facility for the
mentally retarded, may seek home and community-based services, and
are given priority on a waiting list established for the services
pursuant to division (D) of section 5126.042 of the Revised Code;
the service needs of those individuals; and the projected
annualized cost for services;
(b) The source of funds available to the county board to pay
the nonfederal share of medicaid expenditures that the county
board is required by sections 5126.059 and 5126.0510 of the
Revised Code to pay;
(c) Any other applicable information or conditions that the
department of developmental disabilities requires as a condition
of approving the component under section 5123.046 of the Revised
Code.
(2) A preliminary implementation component that specifies the
number of individuals to be provided, during the first year that
the plan is in effect, home and community-based services pursuant
to the priority on a waiting list established under section
5126.042 of the Revised Code given to them under divisions (D)(1)
and (2) of pursuant to rules adopted under that section
5126.042
of the Revised Code and the types of home and community-based
services the individuals are to receive;
(3) A component that provides for the implementation of
medicaid case management services and home and community-based
services for individuals who begin to receive the services on or
after the date the plan is approved under section 5123.046 of the
Revised Code. A county board shall include all of the following in
the component:
(a) If the department of developmental disabilities or
department of job and family services requires, an agreement to
pay the nonfederal share of medicaid expenditures that the county
board is required by sections 5126.059 and 5126.0510 of the
Revised Code to pay;
(b) How the services are to be phased in over the period the
plan covers, including how the county board will serve individuals
who have priority on a waiting list established under division (C)
of section 5126.042 who are given priority status under division
(D)(1) of that section of the Revised Code;
(c) Any agreement or commitment regarding the county board's
funding of home and community-based services that the county board
has with the department at the time the county board develops the
component;
(d) Assurances adequate to the department that the county
board will comply with all of the following requirements:
(i) To provide the types of home and community-based services
specified in the preliminary implementation component required by
division (A)(2) of this section to at least the number of
individuals specified in that component;
(ii) To use any additional funds the county board receives
for the services to improve the county board's resource
capabilities for supporting such services available in the county
at the time the component is developed and to expand the services
to accommodate the unmet need for those services in the county;
(iii) To employ or contract with a business manager or enter
into an agreement with another county board of developmental
disabilities that employs or contracts with a business manager to
have the business manager serve both county boards. No
superintendent of a county board may serve as the county board's
business manager.
(iv) To employ or contract with a medicaid services manager
or enter into an agreement with another county board of
developmental disabilities that employs or contracts with a
medicaid services manager to have the medicaid services manager
serve both county boards. No superintendent of a county board may
serve as the county board's medicaid services manager.
(e) Programmatic and financial accountability measures and
projected outcomes expected from the implementation of the plan;
(f) Any other applicable information or conditions that the
department requires as a condition of approving the component
under section 5123.046 of the Revised Code.
(B) A county board whose plan developed under division (A) of
this section is approved by the department under section 5123.046
of the Revised Code shall update and renew the plan in accordance
with a schedule the department shall develop.
Sec. 5126.0510. (A) Except as otherwise provided in an
agreement entered into under section 5123.048 of the Revised Code
and subject to divisions (B), (C), and (D) of this section, a
county board of developmental disabilities shall pay the
nonfederal share of medicaid expenditures for the following home
and community-based services provided to an individual with mental
retardation or other developmental disability who the county board
determines under section 5126.041 of the Revised Code is eligible
for county board services:
(1) Home and community-based services provided by the county
board to such an individual;
(2) Home and community-based services provided by a provider
other than the county board to such an individual who is enrolled
as of June 30, 2007, in the medicaid waiver component under which
the services are provided;
(3) Home and community-based services provided by a provider
other than the county board to such an individual who, pursuant to
a request the county board makes, enrolls in the medicaid waiver
component under which the services are provided after June 30,
2007;
(4) Home and community-based services provided by a provider
other than the county board to such an individual for whom there
is in effect an agreement entered into under division (E) of this
section between the county board and director of developmental
disabilities.
(B) In the case of medicaid expenditures for home and
community-based services for which division (A)(2) of this section
requires a county board to pay the nonfederal share, the following
shall apply to such services provided during fiscal year 2008
under the individual options medicaid waiver component:
(1) The county board shall pay no less than the total amount
the county board paid as the nonfederal share for home and
community-based services provided in fiscal year 2007 under the
individual options medicaid waiver component;
(2) The county board shall pay no more than the sum of the
following:
(a) The total amount the county board paid as the nonfederal
share for home and community-based services provided in fiscal
year 2007 under the individual options medicaid waiver component;
(b) An amount equal to one per cent of the total amount the
department of developmental disabilities and county board paid as
the nonfederal share for home and community-based services
provided in fiscal year 2007 under the individual options medicaid
waiver component to individuals the county board determined under
section 5126.041 of the Revised Code are eligible for county board
services.
(C) A county board is not required to pay the nonfederal
share of home and community-based services provided after June 30,
2008, that the county board is otherwise required by division
(A)(2) of this section to pay if the department of developmental
disabilities fails to comply with division (A) of section
5123.0416 of the Revised Code.
(D) A county board is not required to pay the nonfederal
share of home and community-based services that the county board
is otherwise required by division (A)(3) of this section to pay if
both of the following apply:
(1) The services are provided to an individual who enrolls in
the medicaid waiver component under which the services are
provided as the result of an order issued following a state
hearing, administrative appeal, or appeal to a court of common
pleas made under section 5101.35 of the Revised Code;
(2) There are more individuals who are eligible for services
from the county board enrolled in the medicaid waiver component
home and community-based services than is required by section
5126.0512 of the Revised Code.
(E) A county board may enter into an agreement with the
director of developmental disabilities under which the county
board agrees to pay the nonfederal share of medicaid expenditures
for one or more home and community-based services that the county
board is not otherwise required by division (A)(1), (2), or (3) of
this section to pay and that are provided to an individual the
county board determines under section 5126.041 of the Revised Code
is eligible for county board services. The agreement shall specify
which home and community-based services the agreement covers. The
county board shall pay the nonfederal share of medicaid
expenditures for the home and community-based services that the
agreement covers as long as the agreement is in effect.
Sec. 5126.0511. (A) A county board of developmental
disabilities may use the following funds to pay the nonfederal
share of the medicaid expenditures that the county board is
required by sections 5126.059 and 5126.0510 of the Revised Code to
pay:
(1) To the extent consistent with the levy that generated the
taxes, the following taxes:
(a) Taxes levied pursuant to division (L) of section 5705.19
of the Revised Code and section 5705.222 of the Revised Code;
(b) Taxes levied under section 5705.191 of the Revised Code
that the board of county commissioners allocates to the county
board.
(2) Funds that the department of developmental disabilities
distributes to the county board under sections 5126.11 and section
5126.18 of the Revised Code and for purposes of the family support
services program established under section 5126.11 of the Revised
Code;
(3) Earned federal revenue funds the county board receives
for medicaid services the county board provides pursuant to the
county board's valid medicaid provider agreement;
(4) Funds that the department of developmental disabilities
distributes to the county board as subsidy payments;
(5) In the case of medicaid expenditures for home and
community-based services, funds allocated to or otherwise made
available for the county board under section 5123.0416 of the
Revised Code to pay the nonfederal share of such medicaid
expenditures.
(B) Each year, each county board shall adopt a resolution
specifying the amount of funds it will use in the next year to pay
the nonfederal share of the medicaid expenditures that the county
board is required by sections 5126.059 and 5126.0510 of the
Revised Code to pay. The amount specified shall be adequate to
assure that the services for which the medicaid expenditures are
made will be available in the county in a manner that conforms to
all applicable state and federal laws. A county board shall state
in its resolution that the payment of the nonfederal share
represents an ongoing financial commitment of the county board. A
county board shall adopt the resolution in time for the county
auditor to make the determination required by division (C) of this
section.
(C) Each year, a county auditor shall determine whether the
amount of funds a county board specifies in the resolution it
adopts under division (B) of this section will be available in the
following year for the county board to pay the nonfederal share of
the medicaid expenditures that the county board is required by
sections 5126.059 and 5126.0510 of the Revised Code to pay. The
county auditor shall make the determination not later than the
last day of the year before the year in which the funds are to be
used.
Sec. 5126.0512. (A) As used in this section, "medicaid
waiver component" means a medicaid waiver component as defined in
section 5111.85 of the Revised Code under which home and
community-based services are provided.
(B) Effective July 1, 2007, and except Except as provided in
rules adopted under section 5123.0413 of the Revised Code, each
county board of developmental disabilities shall ensure, for each
medicaid waiver component, that the number of individuals eligible
under section 5126.041 of the Revised Code for services from the
county board who are enrolled in a medicaid waiver component home
and community-based services is no less than the sum of the
following:
(1) The number of individuals eligible for services from the
county board who are enrolled in the medicaid waiver component
home and community-based services on June 30, 2007;
(2) The number of medicaid waiver component home and
community-based services slots the county board requested before
July 1, 2007, that were assigned to the county board before that
date but in which no individual was enrolled before that date.
(C)(B) An individual enrolled in a medicaid waiver component
home and community-based services after March 1, 2007, due to an
emergency reserve capacity waiver assignment shall not be counted
in determining the number of individuals a county board must
ensure under division (B)(A) of this section are enrolled in a
medicaid waiver component home and community-based services.
(D)(C) An individual who is enrolled in a medicaid waiver
component home and community-based services to comply with the
terms of the consent order filed March 5, 2007, in Martin v.
Strickland, Case No. 89-CV-00362, in the United States district
court for the southern district of Ohio, eastern division, shall
be excluded in determining whether a county board has complied
with division (B)(A) of this section.
(E)(D) A county board shall make as many requests for
individuals to be enrolled in a medicaid waiver component home and
community-based services as necessary for the county board to
comply with division (B)(A) of this section.
Sec. 5126.08. (A) The director of developmental disabilities
shall adopt rules in accordance with Chapter 119. of the Revised
Code for all programs and services offered by a county board of
developmental disabilities. Such rules shall include, but are not
limited to, the following:
(1) Determination of what constitutes a program or service;
(2) Standards to be followed by a board in administering,
providing, arranging, or operating programs and services;
(3) Standards for determining the nature and degree of mental
retardation, including mild mental retardation, or developmental
disability;
(4) Standards for determining eligibility for programs and
services under sections 5126.042 and section 5126.15 of the
Revised Code;
(5) Procedures for obtaining consent for the arrangement of
services under section 5126.31 of the Revised Code and for
obtaining signatures on individual service plans under that
section;
(6) Specification of the service and support administration
to be provided by a county board and standards for resolving
grievances in connection with service and support administration;
(7) Standards for the provision of environmental
modifications, including standards that require adherence to all
applicable state and local building codes;
(8) Standards for the provision of specialized medical,
adaptive, and assistive equipment, supplies, and supports.
(B) The director shall be the final authority in determining
the nature and degree of mental retardation or developmental
disability.
Sec. 5126.11. (A) As used in this section, "respite care"
means appropriate, short-term, temporary care that is provided to
a mentally retarded or developmentally disabled person to sustain
the family structure or to meet planned or emergency needs of the
family.
(B) Subject to rules adopted by the director of developmental
disabilities, and subject to the availability of money from state
and federal sources, the county board of developmental
disabilities shall establish a family support services program.
Under such a program, the board shall make payments to an
individual with mental retardation or other developmental
disability or the family of an individual with mental retardation
or other developmental disability who desires to remain in and be
supported in the family home. Payments shall be made for all or
part of costs incurred or estimated to be incurred for services
that would promote self-sufficiency and normalization, prevent or
reduce inappropriate institutional care, and further the unity of
the family by enabling the family to meet the special needs of the
individual and to live as much like other families as possible.
Payments may be made in the form of reimbursement for expenditures
or in the form of vouchers to be used to purchase services.
(C) Payment shall not be made under this section to an
individual or the individual's family if the individual is living
in a residential facility that is providing residential services
under contract with the department of developmental disabilities
or a county board.
(D) Payments may be made for the following services:
(1) Respite care, in or out of the home;
(2) Counseling, supervision, training, and education of the
individual, the individual's caregivers, and members of the
individual's family that aid the family in providing proper care
for the individual, provide for the special needs of the family,
and assist in all aspects of the individual's daily living;
(3) Special diets, purchase or lease of special equipment, or
modifications of the home, if such diets, equipment, or
modifications are necessary to improve or facilitate the care and
living environment of the individual;
(4) Providing support necessary for the individual's
continued skill development, including such services as
development of interventions to cope with unique problems that may
occur within the complexity of the family, enrollment of the
individual in special summer programs, provision of appropriate
leisure activities, and other social skills development
activities;
(5) Any other services that are consistent with the purposes
specified in division (B) of this section and specified in the
individual's service plan.
(E) In order to be eligible for payments under a family
support services program, the individual or the individual's
family must reside in the county served by the county board, and
the individual must be in need of habilitation. Payments shall be
adjusted for income in accordance with the payment schedule
established in rules adopted under this section. Payments shall be
made only after the county board has taken into account all other
available assistance for which the individual or family is
eligible.
(F) Before incurring expenses for a service for which payment
will be sought under a family support services program, the
individual or family shall apply to the county board for a
determination of eligibility and approval of the service. The
service need not be provided in the county served by the county
board. After being determined eligible and receiving approval for
the service, the individual or family may incur expenses for the
service or use the vouchers received from the county board for the
purchase of the service.
If the county board refuses to approve a service, an appeal
may be made in accordance with rules adopted by the department
under this section.
(G) To be reimbursed for expenses incurred for approved
services, the individual or family shall submit to the county
board a statement of the expenses incurred accompanied by any
evidence required by the board. To redeem vouchers used to
purchase approved services, the entity that provided the service
shall submit to the county board evidence that the service was
provided and a statement of the charges. The county board shall
make reimbursements and redeem vouchers no later than forty-five
days after it receives the statements and evidence required by
this division.
(H) A county board shall consider the following objectives in
carrying out a family support services program:
(1) Enabling individuals to return to their families from an
institution under the jurisdiction of the department of
developmental disabilities;
(2) Enabling individuals found to be subject to
institutionalization by court order under section 5123.76 of the
Revised Code to remain with their families with the aid of
payments provided under this section;
(3) Providing services to eligible children and adults
currently residing in the community;
(4) Providing services to individuals with developmental
disabilities who are not receiving other services from the board.
(I) The director shall adopt, and may amend and rescind,
rules for the implementation of family support services programs
by county boards. Such rules shall include the following:
(1) A payment schedule adjusted for income;
(2) A formula for distributing to county boards the money
appropriated for family support services;
(3) Standards for supervision, training, and quality control
in the provision of respite care services;
(4)(3) Eligibility standards and procedures for providing
temporary emergency respite care;
(5)(4) Procedures for hearing and deciding appeals made under
division (F) of this section;
(6) Requirements to be followed by county boards regarding
reports submitted under division (K) of this section.
Rules adopted under divisions division (I)(1) and (2) of this
section shall be adopted in accordance with section 111.15 of the
Revised Code. Rules adopted under divisions (I)(3)(2) to (6)(4) of
this section shall be adopted in accordance with Chapter 119. of
the Revised Code.
(J) All individuals certified by the superintendent of the
county board as eligible for temporary emergency respite care in
accordance with rules adopted under this section shall be
considered eligible for temporary emergency respite care for not
more than five days to permit the determination of eligibility for
family support services. The requirements of divisions (E) and (F)
of this section do not apply to temporary emergency respite care.
(K) The department of developmental disabilities shall
distribute to county boards money appropriated for family support
services in quarterly installments of equal amounts. The
installments shall be made not later than the thirtieth day of
September, the thirty-first day of December, the thirty-first day
of March, and the thirtieth day of June. A county board shall use
no more than seven per cent of the funds for administrative costs.
Each county board shall submit reports to the department on
payments made under this section. The reports shall be submitted
at those times and in the manner specified in rules adopted under
this section.
(L) The county board shall not be required to make payments
for family support services at a level that exceeds available
state and federal funds for such payments.
Sec. 5126.12. (A) As used in this section:
(1) "Approved school age class" means a class operated by a
county board of developmental disabilities and funded by the
department of education under section 3317.20 of the Revised Code.
(2) "Approved preschool unit" means a class or unit operated
by a county board of developmental disabilities and approved under
division (B) of section 3317.05 of the Revised Code.
(3) "Active treatment" means a continuous treatment program,
which includes aggressive, consistent implementation of a program
of specialized and generic training, treatment, health services,
and related services, that is directed toward the acquisition of
behaviors necessary for an individual with mental retardation or
other developmental disability to function with as much
self-determination and independence as possible and toward the
prevention of deceleration, regression, or loss of current optimal
functional status.
(4) "Eligible for active treatment" means that an individual
with mental retardation or other developmental disability resides
in an intermediate care facility for the mentally retarded
certified under Title XIX of the "Social Security Act," 79 Stat.
286 (1965), 42 U.S.C. 1396, as amended; resides in a state
institution operated by the department of developmental
disabilities; or is enrolled in home and community-based services.
(5) "Traditional adult services" means vocational and
nonvocational activities conducted within a sheltered workshop or
adult activity center or supportive home services.
(B) Each On or before the last day of each April, each county
board of developmental disabilities shall certify to the director
of developmental disabilities all of the following:
(1) On or before the fifteenth day of October, the average
daily membership for the first full week of programs and services
during October receiving:
(a) Early childhood services provided pursuant to section
5126.05 of the Revised Code for children who are less than three
years of age on the thirtieth day of September of the academic
year;
(b) Special education for children with disabilities in
approved school age classes;
(c) Adult services for persons sixteen years of age and older
operated pursuant to section 5126.05 and division (B) of section
5126.051 of the Revised Code. Separate counts shall be made for
the following:
(i) Persons enrolled in traditional adult services who are
eligible for but not enrolled in active treatment;
(ii) Persons enrolled in traditional adult services who are
eligible for and enrolled in active treatment;
(iii) Persons enrolled in traditional adult services but who
are not eligible for active treatment;
(iv) Persons participating in community employment services.
To be counted as participating in community employment services, a
person must have spent an average of no less than ten hours per
week in that employment during the preceding six months.
(d) Other programs in the county for individuals with mental
retardation and developmental disabilities that have been approved
for payment of subsidy by the department of developmental
disabilities.
The membership in each such program and service in the county
shall be reported on forms prescribed by the department of
developmental disabilities.
The department of developmental disabilities shall adopt
rules defining full-time equivalent enrollees and for determining
the average daily membership therefrom, except that certification
of average daily membership in approved school age classes shall
be in accordance with rules adopted by the state board of
education. The average daily membership figure shall be determined
by dividing the amount representing the sum of the number of
enrollees in each program or service in the week for which the
certification is made by the number of days the program or service
was offered in that week. No enrollee may be counted in average
daily membership for more than one program or service.
(2) By the fifteenth day of December, the number of children
enrolled in approved preschool units on the first day of December;
(3) On or before the thirtieth day of April, an itemized
report of all of the county board's income and operating
expenditures for the immediately preceding calendar year,. The
certification shall be provided in an itemized report prepared and
submitted in the a format specified by the department of
developmental disabilities;
(4) That each required certification and report is in
accordance with rules established by the department of
developmental disabilities and the state board of education for
the operation and subsidization of the programs and services.
Sec. 5126.18. (A) As used in this section:
(1) "Taxable value" means the taxable value of a county
certified under division (B) of this section.
(2) "Per-mill yield" means the quotient obtained by dividing
the taxable value of a county by one thousand.
(3) "Population" of a county means that shown by the federal
census for a census year or, for a noncensus year, the population
as estimated by the department of development.
(4) "Six-year moving average" means the average of the
per-mill yields of a county for the most recent six years.
(5) "Yield per person" means the quotient obtained by
dividing the six-year moving average of a county by the population
of that county.
(6) "Tax equity payments" means payments to county boards of
developmental disabilities under this section or a prior version
of this section from money appropriated by the general assembly to
the department of developmental disabilities for that purpose.
(7) "Eligible county" means a county determined under
division (C) of this section to be eligible for tax equity
payments for the two-year period for which that determination is
made.
(8) "Threshold county" means the county with the lowest yield
per person that is determined not to be eligible to receive tax
equity payments.
(B) At the request of the director of developmental
disabilities, the tax commissioner shall certify to the director
the taxable value of property on each county's most recent tax
list of real and public utility property. The director may request
any other tax information necessary for the purposes of this
section.
(C) Beginning in 2011, on or before the thirty-first day of
May of that year and of every second year thereafter, the director
of developmental disabilities shall determine whether a county is
eligible to receive tax equity payments for the ensuing two fiscal
years as follows:
(1) The director shall determine the six-year moving average,
population, and yield per person of each county in the state,
based on the most recent information available.
(2) The director shall calculate a tax equity funding
threshold by adding the population of the county with the lowest
yield per person and the populations of individual counties in
order from lowest yield per person to highest yield per person
until the addition of the population of another county would
increase the aggregate sum to over thirty per cent of the total
state population. A county is eligible to receive tax equity
payments for the two-year period if its population is included in
the calculation of the threshold and the addition of its
population does not increase such sum to over thirty per cent of
the total state population.
(D)(1) Except as provided in divisions (D)(2) and (3) of this
section, beginning in fiscal year 2012 and for each fiscal year
thereafter, the director shall make tax equity payments to each
eligible county equal to the population of the county multiplied
by the difference between the yield per person of the threshold
county and the yield per person of the eligible county. For
purposes of this division, the population and yield per person of
a county equal the population and yield per person most recently
determined for that county under division (C)(1) of this section.
The payments shall be made in quarterly installments of equal
amounts not later than the thirtieth day of September, the
thirty-first day of December, the thirty-first day of March, and
the thirtieth day of June of each fiscal year.
(2) In fiscal year 2012, if the amount determined under
division (D)(1) of this section for an eligible county is at least
twenty thousand dollars greater than or twenty thousand dollars
less than the amount of tax equity payments the county received in
fiscal year 2011, the county's tax equity payments for fiscal
years 2012 through 2014 shall equal the following:
(a) For fiscal year 2012, one-fourth of the amount calculated
for the eligible county under division (D)(1) of this section plus
three-fourths of the amount of tax equity payments the county
received in fiscal year 2011;
(b) For fiscal year 2013, one-half of the amount calculated
for the eligible county under division (D)(1) of this section plus
one-half of the amount of tax equity payments the county received
in fiscal year 2011;
(c) For fiscal year 2014, three-fourths of the amount
calculated for the eligible county under division (D)(1) of this
section plus one-fourth of the amount of tax equity payments the
county received in fiscal year 2011.
(3) In any fiscal year, if the total amount of tax equity
payments for all eligible counties as determined under divisions
(D)(1) and (2) of this section is greater than the amount
appropriated to the department of developmental disabilities for
the purpose of making such payments in that fiscal year, the
director shall reduce the payments to each eligible county board
in equal proportion. If the total amount of tax equity payments as
determined under that division is less than the amount
appropriated to the department for that purpose, the director
shall determine how to allocate the excess money after
consultation with the Ohio association of county boards serving
people with developmental disabilities.
(4) Tax equity payments shall be paid only to an eligible
county board of developmental disabilities and not to a regional
council established under section 5126.13 of the Revised Code or
any other entity.
(E)(1) Except as provided in division (E)(2) of this section,
a county board of developmental disabilities shall use tax equity
payments solely to pay the nonfederal share of medicaid
expenditures it is required to pay under sections 5126.059 and
5126.0510 of the Revised Code. Tax equity payments shall not be
used to pay any salary or other compensation to county board
personnel.
(2) Upon the written request of a county board, the director
of developmental disabilities may authorize a county board to use
tax equity payments for infrastructure improvements necessary to
support medicaid waiver administration.
(3) The director may audit any county board receiving tax
equity payments to ensure appropriate use of the payments in
accordance with this section. If the director determines that a
county board is using payments inappropriately, the director shall
notify the county board in writing of the determination. Within
thirty days after receiving the director's notification, the
county board shall submit a written plan of correction to the
director. The director may accept or reject the plan. If the
director rejects the plan, the director may require the county
board to repay all or a portion of the amount of tax equity
payments used inappropriately. The director shall distribute any
tax equity payments returned under this division to other eligible
county boards in accordance with a plan developed by the director
after consultation with the Ohio association of county boards
serving people with developmental disabilities.
Sec. 5126.23. (A) As used in this section, "employee" means
a management employee or superintendent of a county board of
developmental disabilities.
(B) An employee may be removed, suspended, or demoted in
accordance with this section for violation of written rules set
forth by the board or for incompetency, inefficiency, dishonesty,
drunkenness, immoral conduct, insubordination, discourteous
treatment of the public, neglect of duty, or other acts of
misfeasance, malfeasance, or nonfeasance.
(C) Prior to the removal, suspension, or demotion of an
employee pursuant to this section, the employee shall be notified
in writing of the charges against the employee. Except as
otherwise provided in division (H) of this section, not later than
thirty days after receiving such notification, a predisciplinary
conference shall be held to provide the employee an opportunity to
refute the charges against the employee. At least seventy-two
hours prior to the conference, the employee shall be given a copy
of the charges against the employee.
If the removal, suspension, or demotion action is directed
against a management employee, the conference shall be held by the
superintendent or a person the superintendent designates, and the
superintendent shall notify the management employee within fifteen
days after the conference of the decision made with respect to the
charges. If the removal, suspension, or demotion action is
directed against a superintendent, the conference shall be held by
the members of the board or their designees, and the board shall
notify the superintendent within fifteen days after the conference
of its decision with respect to the charges.
(D) Within fifteen days after receiving notification of the
results of the predisciplinary conference, an employee may file
with the board a written demand for a hearing before the board or
before a referee, and the board shall set a time for the hearing
which shall be within thirty days from the date of receipt of the
written demand, and the board shall give the employee at least
twenty days notice in writing of the time and place of the
hearing.
(E) If a referee is demanded by an employee or a county
board, the hearing shall be conducted by a referee selected in
accordance with division (F) of this section; otherwise, it shall
be conducted by a majority of the members of the board and shall
be confined to the charges enumerated at the predisciplinary
conference.
(F) Referees for the hearings required by this section shall
be selected from the a list of resident electors compiled from
names compiled by the superintendent of public instruction
pursuant to section 3319.161 of the Revised Code that the director
of developmental disabilities shall solicit annually from the
state bar association. Upon receipt of notice that a referee has
been demanded by an employee or a county board, the superintendent
of public instruction director shall immediately designate three
persons from such list, from whom the referee for the hearing
shall be chosen, and the superintendent of public instruction
director shall immediately notify the designees, the county board,
and the employee. If within five days of receipt of the notice,
the county board and employee are unable to agree upon one of the
designees to serve as referee, the superintendent of public
instruction director shall appoint one of the designees to serve
as referee. The appointment of the referee shall be entered in the
minutes of the county board. The referee appointed shall be paid
the referee's usual and customary fee for attending the hearing
which shall be paid from the general fund of the county board of
developmental disabilities.
(G) The board shall provide for a complete stenographic
record of the proceedings, and a copy of the record shall be
furnished to the employee.
Both parties may be present at the hearing, be represented by
counsel, require witnesses to be under oath, cross-examine
witnesses, take a record of the proceedings, and require the
presence of witnesses in their behalf upon subpoena to be issued
by the county board. If any person fails to comply with a
subpoena, a judge of the court of common pleas of the county in
which the person resides, upon application of any interested
party, shall compel attendance of the person by attachment
proceedings as for contempt. Any member of the board or the
referee may administer oaths to witnesses. After a hearing by a
referee, the referee shall file a report within ten days after the
termination of the hearing. After consideration of the referee's
report, the board, by a majority vote, may accept or reject the
referee's recommendation. After a hearing by the board, the board,
by majority vote, may enter its determination upon its minutes. If
the decision, after hearing, is in favor of the employee, the
charges and the record of the hearing shall be physically expunged
from the minutes and, if the employee has suffered any loss of
salary by reason of being suspended, the employee shall be paid
the employee's full salary for the period of such suspension.
Any employee affected by a determination of the board under
this division may appeal to the court of common pleas of the
county in which the board is located within thirty days after
receipt of notice of the entry of such determination. The appeal
shall be an original action in the court and shall be commenced by
the filing of a complaint against the board, in which complaint
the facts shall be alleged upon which the employee relies for a
reversal or modification of such determination. Upon service or
waiver of summons in that appeal, the board immediately shall
transmit to the clerk of the court for filing a transcript of the
original papers filed with the board, a certified copy of the
minutes of the board into which the determination was entered, and
a certified transcript of all evidence adduced at the hearing or
hearings before the board or a certified transcript of all
evidence adduced at the hearing or hearings before the referee,
whereupon the cause shall be at issue without further pleading and
shall be advanced and heard without delay. The court shall examine
the transcript and record of the hearing and shall hold such
additional hearings as it considers advisable, at which it may
consider other evidence in addition to the transcript and record.
Upon final hearing, the court shall grant or deny the relief
prayed for in the complaint as may be proper in accordance with
the evidence adduced in the hearing. Such an action is a special
proceeding, and either the employee or the board may appeal from
the decision of the court of common pleas pursuant to the Rules of
Appellate Procedure and, to the extent not in conflict with those
rules, Chapter 2505. of the Revised Code.
(H) Notwithstanding divisions (C) to (G) of this section, a
county board and an employee may agree to submit issues regarding
the employee's removal, suspension, or demotion to binding
arbitration. The terms of the submission, including the method of
selecting the arbitrator or arbitrators and the responsibility for
compensating the arbitrator, shall be provided for in the
arbitration agreement. The arbitrator shall be selected within
fifteen days of the execution of the agreement. Chapter 2711. of
the Revised Code governs the arbitration proceedings.
Sec. 5126.24. (A) As used in this section:
(1) "License" means an educator license issued by the state
board of education under section 3319.22 of the Revised Code or a
certificate issued by the department of developmental
disabilities.
(2) "Teacher" means a person employed by a county board of
developmental disabilities in a position that requires a license.
(3) "Nonteaching employee" means a person employed by a
county board of developmental disabilities in a position that does
not require a license.
(4) "Years of service" includes all service described in
division (A) of section 3317.13 of the Revised Code.
(B) Subject to rules established by the director of
developmental disabilities pursuant to Chapter 119. of the Revised
Code, each county board of developmental disabilities shall
annually adopt separate salary schedules for teachers and
nonteaching employees.
(C) The In adopting the teachers' salary schedule shall
provide for increments based on training and years of service. The
board may establish its own service requirements provided no
teacher receives less than the salary the teacher would be paid
under section 3317.13 of the Revised Code if the teacher were
employed by a school district board of education and provided full
credit for a minimum of five years of actual teaching and military
experience as defined in division (A) of such section is given to
each teacher.
Each teacher who has completed training that would qualify
the teacher for a higher salary bracket pursuant to this section
shall file by the fifteenth day of September with the fiscal
officer of the board, satisfactory evidence of the completion of
such additional training. The fiscal officer shall then
immediately place the teacher, pursuant to this section, in the
proper salary bracket in accordance with training and years of
service. No teacher shall be paid less than the salary to which
the teacher would be entitled under section 3317.13 of the Revised
Code if the teacher were employed by a school district board of
education, the board shall comply with sections 3317.14 and
3317.141 of the Revised Code in the same manner as a school
district.
The superintendent of each county board, on or before the
fifteenth day of October of each year, shall certify to the state
board of education the name of each teacher employed, on an annual
salary, in each special education program operated pursuant to
section 3323.09 of the Revised Code during the first full school
week of October. The superintendent further shall certify, for
each teacher, the number of years of training completed at a
recognized college, the degrees earned from a college recognized
by the state board, the type of license held, the number of months
employed by the board, the annual salary, and other information
that the state board may request.
(D) The nonteaching employees' salary schedule established by
the board shall be based on training, experience, and
qualifications with initial salaries no less than salaries in
effect on July 1, 1985. Each board shall prepare and may amend
from time to time, specifications descriptive of duties,
responsibilities, requirements, and desirable qualifications of
the classifications of employees required to perform the duties
specified in the salary schedule. All nonteaching employees shall
be notified of the position classification to which they are
assigned and the salary for the classification. The compensation
of all nonteaching employees working for a particular board shall
be uniform for like positions except as compensation would be
affected by salary increments based upon length of service.
On the fifteenth day of October of each year the nonteaching
employees' salary schedule and list of job classifications and
salaries in effect on that date shall be filed by each board with
the superintendent of public instruction. If such salary schedule
and classification plan is not filed, the superintendent of public
instruction shall order the board to file such schedule and list
forthwith. If this condition is not corrected within ten days
after receipt of the order from the superintendent, no money shall
be distributed to the district board under Chapter 3306. or 3317.
of the Revised Code until the superintendent has satisfactory
evidence of the board's full compliance with such order.
Sec. 5126.33. (A) A county board of developmental
disabilities may file a complaint with the probate court of the
county in which an adult with mental retardation or a
developmental disability resides for an order authorizing the
board to arrange services described in division (C) of section
5126.31 of the Revised Code for that adult if the adult is
eligible to receive services or support under section 5126.041 of
the Revised Code and the board has been unable to secure consent.
The complaint shall include:
(1) The name, age, and address of the adult;
(2) Facts describing the nature of the abuse, neglect, or
exploitation and supporting the board's belief that services are
needed;
(3) The types of services proposed by the board, as set forth
in the protective service plan described in division (J) of
section 5126.30 of the Revised Code and filed with the complaint;
(4) Facts showing the board's attempts to obtain the consent
of the adult or the adult's guardian to the services.
(B) The board shall give the adult notice of the filing of
the complaint and in simple and clear language shall inform the
adult of the adult's rights in the hearing under division (C) of
this section and explain the consequences of a court order. This
notice shall be personally served upon all parties, and also shall
be given to the adult's legal counsel, if any, and the legal
rights service. The notice shall be given at least twenty-four
hours prior to the hearing, although the court may waive this
requirement upon a showing that there is a substantial risk that
the adult will suffer immediate physical harm in the twenty-four
hour period and that the board has made reasonable attempts to
give the notice required by this division.
(C) Upon the filing of a complaint for an order under this
section, the court shall hold a hearing at least twenty-four hours
and no later than seventy-two hours after the notice under
division (B) of this section has been given unless the court has
waived the notice. All parties shall have the right to be present
at the hearing, present evidence, and examine and cross-examine
witnesses. The Ohio Rules of Evidence shall apply to a hearing
conducted pursuant to this division. The adult shall be
represented by counsel unless the court finds that the adult has
made a voluntary, informed, and knowing waiver of the right to
counsel. If the adult is indigent, the court shall appoint counsel
to represent the adult. The board shall be represented by the
county prosecutor or an attorney designated by the board.
(D)(1) The court shall issue an order authorizing the board
to arrange the protective services if it finds, on the basis of
clear and convincing evidence, all of the following:
(a) The adult has been abused, neglected, or exploited;
(b) The adult is incapacitated;
(c) There is a substantial risk to the adult of immediate
physical harm or death;
(d) The adult is in need of the services;
(e) No person authorized by law or court order to give
consent for the adult is available or willing to consent to the
services.
(2) The board shall develop a detailed protective service
plan describing the services that the board will provide, or
arrange for the provision of, to the adult to prevent further
abuse, neglect, or exploitation. The board shall submit the plan
to the court for approval. The protective service plan may be
changed only by court order.
(3) In formulating the order, the court shall consider the
individual protective service plan and shall specifically
designate the services that are necessary to deal with the abuse,
neglect, or exploitation or condition resulting from abuse,
neglect, or exploitation and that are available locally, and
authorize the board to arrange for these services only. The court
shall limit the provision of these services to a period not
exceeding six months, renewable for an additional six-month period
on a showing by the board that continuation of the order is
necessary.
(E) If the court finds that all other options for meeting the
adult's needs have been exhausted, it may order that the adult be
removed from the adult's place of residence and placed in another
residential setting. Before issuing that order, the court shall
consider the adult's choice of residence and shall determine that
the new residential setting is the least restrictive alternative
available for meeting the adult's needs and is a place where the
adult can obtain the necessary requirements for daily living in
safety. The court shall not order an adult to a hospital or public
hospital as defined in section 5122.01 or a state institution as
defined in section 5123.01 of the Revised Code.
(F) The court shall not authorize a change in an adult's
placement ordered under division (E) of this section unless it
finds compelling reasons to justify a change. The parties to whom
notice was given in division (B) of this section shall be given
notice of a proposed change at least five working days prior to
the change.
(G) The adult, the board, or any other person who received
notice of the petition may file a motion for modification of the
court order at any time.
(H) The county board shall pay court costs incurred in
proceedings brought pursuant to this section. The adult shall not
be required to pay for court-ordered services.
(I)(1) After the filing of a complaint for an order under
this section, the court, prior to the final disposition, may enter
any temporary order that the court finds necessary to protect the
adult with mental retardation or a developmental disability from
abuse, neglect, or exploitation including, but not limited to, the
following:
(a) A temporary protection order;
(b) An order requiring the evaluation of the adult;
(c) An order requiring a party to vacate the adult's place of
residence or legal settlement, provided that, subject to division
(K)(1)(d) of this section, no operator of a residential facility
licensed by the department may be removed under this division;
(d) In the circumstances described in, and in accordance with
the procedures set forth in, section 5123.191 of the Revised Code,
an order of the type described in that section that appoints a
receiver to take possession of and operate a residential facility
licensed by the department.
(2) The court may grant an ex parte order pursuant to this
division on its own motion or if a party files a written motion or
makes an oral motion requesting the issuance of the order and
stating the reasons for it if it appears to the court that the
best interest and the welfare of the adult require that the court
issue the order immediately. The court, if acting on its own
motion, or the person requesting the granting of an ex parte
order, to the extent possible, shall give notice of its intent or
of the request to all parties, the adult's legal counsel, if any,
and the legal rights service. If the court issues an ex parte
order, the court shall hold a hearing to review the order within
seventy-two hours after it is issued or before the end of the next
day after the day on which it is issued, whichever occurs first.
The court shall give written notice of the hearing to all parties
to the action.
Sec. 5126.41. The county board of developmental disabilities
shall identify residents of the county for whom supported living
is to be provided. Identification of the residents shall be made
in accordance with the priorities set under section 5126.04 of the
Revised Code and the waiting list policies developed lists
established under section 5126.042 of the Revised Code. The board
shall assist the residents in identifying their individual service
needs.
To arrange supported living for an individual, the board
shall assist the individual in developing an individual service
plan. In developing the plan, the individual shall choose a
residence that is appropriate according to local standards; the
individuals, if any, with whom the individual will live in the
residence; the services the individual needs to live in the
individual's residence of choice; and the providers from which the
services will be received. The choices available to an individual
shall be based on available resources.
The board shall obtain the consent of the individual or the
individual's guardian and the signature of the individual or
guardian on the individual service plan. The county board shall
ensure that the individual receives from the provider the services
contracted for under section 5126.45 of the Revised Code.
An individual service plan for supported living shall be
effective for a period of time agreed to by the county board and
the individual. In determinating that period, the county board and
the individual shall consider the nature of the services to be
provided and the manner in which they are customarily provided.
Sec. 5139.11. The department of youth services shall do all
of the following:
(A) Through a program of education, promotion, and
organization, form groups of local citizens and assist these
groups in conducting activities aimed at the prevention and
control of juvenile delinquency, making use of local people and
resources for the following purposes:
(1) Combatting local conditions known to contribute to
juvenile delinquency;
(2) Developing recreational and other programs for youth
work;
(3) Providing adult sponsors for delinquent children cases;
(4) Dealing with other related problems of the locality.
(B) Advise local, state, and federal officials, public and
private agencies, and lay groups on the needs for and possible
methods of the reduction and prevention of juvenile delinquency
and the treatment of delinquent children;
(C) Consult with the schools and courts of this state on the
development of programs for the reduction and prevention of
delinquency and the treatment of delinquents;
(D) Cooperate with other agencies whose services deal with
the care and treatment of delinquent children to the end that
delinquent children who are state wards may be assisted whenever
possible to a successful adjustment outside of institutional care;
(E) Cooperate with other agencies in surveying, developing,
and utilizing the recreational resources of a community as a means
of combatting the problem of juvenile delinquency and effectuating
rehabilitation;
(F) Hold district and state conferences from time to time in
order to acquaint the public with current problems of juvenile
delinquency and develop a sense of civic responsibility toward the
prevention of juvenile delinquency;
(G) Assemble and distribute information relating to juvenile
delinquency and report on studies relating to community conditions
that affect the problem of juvenile delinquency;
(H) Assist any community within the state by conducting a
comprehensive survey of the community's available public and
private resources, and recommend methods of establishing a
community program for combatting juvenile delinquency and crime,
but no survey of that type shall be conducted unless local
individuals and groups request it through their local authorities,
and no request of that type shall be interpreted as binding the
community to following the recommendations made as a result of the
request;
(I) Evaluate the rehabilitation of children committed to the
department and prepare and submit periodic reports to the
committing court for the following purposes:
(1) Evaluating the effectiveness of institutional treatment;
(2) Making recommendations for judicial release under section
2152.22 of the Revised Code if appropriate and recommending
conditions for judicial release;
(3) Reviewing the placement of children and recommending
alternative placements where appropriate.
(J) Coordinate dates for hearings to be conducted under
section 2152.22 of the Revised Code and assist in the transfer and
release of children from institutionalization to the custody of
the committing court;
(K)(1) Coordinate and assist juvenile justice systems by
doing the following:
(a) Performing juvenile justice system planning in the state,
including any planning that is required by any federal law;
(b) Collecting, analyzing, and correlating information and
data concerning the juvenile justice system in the state;
(c) Cooperating with and providing technical assistance to
state departments, administrative planning districts, metropolitan
county criminal justice services agencies, criminal justice
coordinating councils, and agencies, offices, and departments of
the juvenile justice system in the state, and other appropriate
organizations and persons;
(d) Encouraging and assisting agencies, offices, and
departments of the juvenile justice system in the state and other
appropriate organizations and persons to solve problems that
relate to the duties of the department;
(e) Administering within the state any juvenile justice acts
and programs that the governor requires the department to
administer;
(f) Implementing the state comprehensive plans;
(g) Visiting and inspecting jails, detention facilities,
correctional facilities, facilities that may hold juveniles
involuntarily, or any other facility that may temporarily house
juveniles on a voluntary or involuntary basis for the purpose of
compliance pursuant to the "Juvenile Justice and Delinquency
Prevention Act of 1974," 88 Stat. 1109, as amended;
(h) Auditing grant activities of agencies, offices,
organizations, and persons that are financed in whole or in part
by funds granted through the department;
(h)(i) Monitoring or evaluating the performance of juvenile
justice system projects and programs in the state that are
financed in whole or in part by funds granted through the
department;
(i)(j) Applying for, allocating, disbursing, and accounting
for grants that are made available pursuant to federal juvenile
justice acts, or made available from other federal, state, or
private sources, to improve the criminal and juvenile justice
systems in the state. All money from federal juvenile justice act
grants shall, if the terms under which the money is received
require that the money be deposited into an interest bearing fund
or account, be deposited in the state treasury to the credit of
the federal juvenile justice program purposes fund, which is
hereby created. All investment earnings shall be credited to the
fund.
(j)(k) Contracting with federal, state, and local agencies,
foundations, corporations, businesses, and persons when necessary
to carry out the duties of the department;
(k)(l) Overseeing the activities of metropolitan county
criminal justice services agencies, administrative planning
districts, and juvenile justice coordinating councils in the
state;
(l)(m) Advising the general assembly and governor on
legislation and other significant matters that pertain to the
improvement and reform of the juvenile justice system in the
state;
(m)(n) Preparing and recommending legislation to the general
assembly and governor for the improvement of the juvenile justice
system in the state;
(n)(o) Assisting, advising, and making any reports that are
required by the governor, attorney general, or general assembly;
(o)(p) Adopting rules pursuant to Chapter 119. of the Revised
Code.
(2) Division (K)(1) of this section does not limit the
discretion or authority of the attorney general with respect to
crime victim assistance and criminal and juvenile justice
programs.
(3) Nothing in division (K)(1) of this section is intended to
diminish or alter the status of the office of the attorney general
as a criminal justice services agency.
(4) The governor may appoint any advisory committees to
assist the department that the governor considers appropriate or
that are required under any state or federal law.
Sec. 5139.43. (A) The department of youth services shall
operate a felony delinquent care and custody program that shall be
operated in accordance with the formula developed pursuant to
section 5139.41 of the Revised Code, subject to the conditions
specified in this section.
(B)(1) Each juvenile court shall use the moneys disbursed to
it by the department of youth services pursuant to division (B) of
section 5139.41 of the Revised Code in accordance with the
applicable provisions of division (B)(2) of this section and shall
transmit the moneys to the county treasurer for deposit in
accordance with this division. The county treasurer shall create
in the county treasury a fund that shall be known as the felony
delinquent care and custody fund and shall deposit in that fund
the moneys disbursed to the juvenile court pursuant to division
(B) of section 5139.41 of the Revised Code. The county treasurer
also shall deposit into that fund the state subsidy funds granted
to the county pursuant to section 5139.34 of the Revised Code. The
moneys disbursed to the juvenile court pursuant to division (B) of
section 5139.41 of the Revised Code and deposited pursuant to this
division in the felony delinquent care and custody fund shall not
be commingled with any other county funds except state subsidy
funds granted to the county pursuant to section 5139.34 of the
Revised Code; shall not be used for any capital construction
projects; upon an order of the juvenile court and subject to
appropriation by the board of county commissioners, shall be
disbursed to the juvenile court for use in accordance with the
applicable provisions of division (B)(2) of this section; shall
not revert to the county general fund at the end of any fiscal
year; and shall carry over in the felony delinquent care and
custody fund from the end of any fiscal year to the next fiscal
year. The maximum balance carry-over at the end of each respective
fiscal year in the felony delinquent care and custody fund in any
county from funds allocated to the county pursuant to sections
5139.34 and 5139.41 of the Revised Code in the previous fiscal
year shall not exceed an amount to be calculated as provided in
the formula set forth in this division, unless that county has
applied for and been granted an exemption by the director of youth
services. Beginning June 30, 2008, the maximum balance carry-over
at the end of each respective fiscal year shall be determined by
the following formula: for fiscal year 2008, the maximum balance
carry-over shall be one hundred per cent of the allocation for
fiscal year 2007, to be applied in determining the fiscal year
2009 allocation; for fiscal year 2009, it shall be fifty per cent
of the allocation for fiscal year 2008, to be applied in
determining the fiscal year 2010 allocation; for fiscal year 2010,
it shall be twenty-five per cent of the allocation for fiscal year
2009, to be applied in determining the fiscal year 2011
allocation; and for each fiscal year subsequent to fiscal year
2010, it shall be twenty-five per cent of the allocation for the
immediately preceding fiscal year, to be applied in determining
the allocation for the next immediate fiscal year. The department
shall withhold from future payments to a county an amount equal to
any moneys in the felony delinquent care and custody fund of the
county that exceed the total maximum balance carry-over that
applies for that county for the fiscal year in which the payments
are being made and shall reallocate the withheld amount. The
department shall adopt rules for the withholding and reallocation
of moneys disbursed under sections 5139.34 and 5139.41 of the
Revised Code and for the criteria and process for a county to
obtain an exemption from the withholding requirement. The moneys
disbursed to the juvenile court pursuant to division (B) of
section 5139.41 of the Revised Code and deposited pursuant to this
division in the felony delinquent care and custody fund shall be
in addition to, and shall not be used to reduce, any usual annual
increase in county funding that the juvenile court is eligible to
receive or the current level of county funding of the juvenile
court and of any programs or services for delinquent children,
unruly children, or juvenile traffic offenders.
(2)(a) A county and the juvenile court that serves the county
shall use the moneys in its felony delinquent care and custody
fund in accordance with rules that the department of youth
services adopts pursuant to division (D) of section 5139.04 of the
Revised Code and as follows:
(i) The moneys in the fund that represent state subsidy funds
granted to the county pursuant to section 5139.34 of the Revised
Code shall be used to aid in the support of prevention, early
intervention, diversion, treatment, and rehabilitation programs
that are provided for alleged or adjudicated unruly children or
delinquent children or for children who are at risk of becoming
unruly children or delinquent children. The county shall not use
for capital improvements more than fifteen per cent of the moneys
in the fund that represent the applicable annual grant of those
state subsidy funds.
(ii) The moneys in the fund that were disbursed to the
juvenile court pursuant to division (B) of section 5139.41 of the
Revised Code and deposited pursuant to division (B)(1) of this
section in the fund shall be used to provide programs and services
for the training, treatment, or rehabilitation of felony
delinquents that are alternatives to their commitment to the
department, including, but not limited to, community residential
programs, day treatment centers, services within the home, and
electronic monitoring, and shall be used in connection with
training, treatment, rehabilitation, early intervention, or other
programs or services for any delinquent child, unruly child, or
juvenile traffic offender who is under the jurisdiction of the
juvenile court.
The fund also may be used for prevention, early intervention,
diversion, treatment, and rehabilitation programs that are
provided for alleged or adjudicated unruly children, delinquent
children, or juvenile traffic offenders or for children who are at
risk of becoming unruly children, delinquent children, or juvenile
traffic offenders. Consistent with division (B)(1) of this
section, a county and the juvenile court of a county shall not use
any of those moneys for capital construction projects.
(iii) Moneys in the fund shall not be used to support
programs or services that do not comply with federal juvenile
justice and delinquency prevention core requirements or to support
programs or services that research has shown to be ineffective.
Moneys in the fund shall be prioritized to research-supported,
outcome-based programs and services.
(iv) The county and the juvenile court that serves the county
may use moneys in the fund to provide out-of-home placement of
children only in detention centers, community rehabilitation
centers, or community corrections facilities approved by the
department pursuant to standards adopted by the department,
licensed by an authorized state agency, or accredited by the
American correctional association or another national organization
recognized by the department.
(b) Each juvenile court shall comply with division (B)(3)(d)
of this section as implemented by the department. If a juvenile
court fails to comply with division (B)(3)(d) of this section, the
department shall not be required to make any disbursements in
accordance with division (C) or (D) of section 5139.41 or division
(C)(2) of section 5139.34 of the Revised Code.
(3) In accordance with rules adopted by the department
pursuant to division (D) of section 5139.04 of the Revised Code,
each juvenile court and the county served by that juvenile court
shall do all of the following that apply:
(a) The juvenile court shall prepare an annual grant
agreement and application for funding that satisfies the
requirements of this section and section 5139.34 of the Revised
Code and that pertains to the use, upon an order of the juvenile
court and subject to appropriation by the board of county
commissioners, of the moneys in its felony delinquent care and
custody fund for specified programs, care, and services as
described in division (B)(2)(a) of this section, shall submit that
agreement and application to the county family and children first
council, the regional family and children first council, or the
local intersystem services to children cluster as described in
sections 121.37 and 121.38 of the Revised Code, whichever is
applicable, and shall file that agreement and application with the
department for its approval. The annual grant agreement and
application for funding shall include a method of ensuring equal
access for minority youth to the programs, care, and services
specified in it.
The department may approve an annual grant agreement and
application for funding only if the juvenile court involved has
complied with the preparation, submission, and filing requirements
described in division (B)(3)(a) of this section. If the juvenile
court complies with those requirements and the department approves
that agreement and application, the juvenile court and the county
served by the juvenile court may expend the state subsidy funds
granted to the county pursuant to section 5139.34 of the Revised
Code only in accordance with division (B)(2)(a) of this section,
the rules pertaining to state subsidy funds that the department
adopts pursuant to division (D) of section 5139.04 of the Revised
Code, and the approved agreement and application.
(b) By the thirty-first day of August of each year, the
juvenile court shall file with the department a report that
contains all of the statistical and other information for each
month of the prior state fiscal year. If the juvenile court fails
to file the report required by division (B)(3)(b) of this section
by the thirty-first day of August of any year, the department
shall not disburse any payment of state subsidy funds to which the
county otherwise is entitled pursuant to section 5139.34 of the
Revised Code and shall not disburse pursuant to division (B) of
section 5139.41 of the Revised Code the applicable allocation
until the juvenile court fully complies with division (B)(3)(b) of
this section.
(c) If the department requires the juvenile court to prepare
monthly statistical reports and to submit the reports on forms
provided by the department, the juvenile court shall file those
reports with the department on the forms so provided. If the
juvenile court fails to prepare and submit those monthly
statistical reports within the department's timelines, the
department shall not disburse any payment of state subsidy funds
to which the county otherwise is entitled pursuant to section
5139.34 of the Revised Code and shall not disburse pursuant to
division (B) of section 5139.41 of the Revised Code the applicable
allocation until the juvenile court fully complies with division
(B)(3)(c) of this section. If the juvenile court fails to prepare
and submit those monthly statistical reports within one hundred
eighty days of the date the department establishes for their
submission, the department shall not disburse any payment of state
subsidy funds to which the county otherwise is entitled pursuant
to section 5139.34 of the Revised Code and shall not disburse
pursuant to division (B) of section 5139.41 of the Revised Code
the applicable allocation, and the state subsidy funds and the
remainder of the applicable allocation shall revert to the
department. If a juvenile court states in a monthly statistical
report that the juvenile court adjudicated within a state fiscal
year five hundred or more children to be delinquent children for
committing acts that would be felonies if committed by adults and
if the department determines that the data in the report may be
inaccurate, the juvenile court shall have an independent auditor
or other qualified entity certify the accuracy of the data on a
date determined by the department.
(d) If the department requires the juvenile court and the
county to participate in a fiscal monitoring program or another
monitoring program that is conducted by the department to ensure
compliance by the juvenile court and the county with division (B)
of this section, the juvenile court and the county shall
participate in the program and fully comply with any guidelines
for the performance of audits adopted by the department pursuant
to that program and all requests made by the department pursuant
to that program for information necessary to reconcile fiscal
accounting. If an audit that is performed pursuant to a fiscal
monitoring program or another monitoring program described in this
division determines that the juvenile court or the county used
moneys in the county's felony delinquent care and custody fund for
expenses that are not authorized under division (B) of this
section, within forty-five days after the department notifies the
county of the unauthorized expenditures, the county either shall
repay the amount of the unauthorized expenditures from the county
general revenue fund to the state's general revenue fund or shall
file a written appeal with the department. If an appeal is timely
filed, the director of the department shall render a decision on
the appeal and shall notify the appellant county or its juvenile
court of that decision within forty-five days after the date that
the appeal is filed. If the director denies an appeal, the
county's fiscal agent shall repay the amount of the unauthorized
expenditures from the county general revenue fund to the state's
general revenue fund within thirty days after receiving the
director's notification of the appeal decision.
(C) The determination of which county a reduction of the care
and custody allocation will be charged against for a particular
youth shall be made as outlined below for all youths who do not
qualify as public safety beds. The determination of which county a
reduction of the care and custody allocation will be charged
against shall be made as follows until each youth is released:
(1) In the event of a commitment, the reduction shall be
charged against the committing county.
(2) In the event of a recommitment, the reduction shall be
charged against the original committing county until the
expiration of the minimum period of institutionalization under the
original order of commitment or until the date on which the youth
is admitted to the department of youth services pursuant to the
order of recommitment, whichever is later. Reductions of the
allocation shall be charged against the county that recommitted
the youth after the minimum expiration date of the original
commitment.
(3) In the event of a revocation of a release on parole, the
reduction shall be charged against the county that revokes the
youth's parole.
(D) A juvenile court is not precluded by its allocation
amount for the care and custody of felony delinquents from
committing a felony delinquent to the department of youth services
for care and custody in an institution or a community corrections
facility when the juvenile court determines that the commitment is
appropriate.
Sec. 5501.84. (A) There is hereby created the transportation
public-private partnership legislative oversight committee
consisting of six members as follows:
(1) Three members of the senate, no more than two of whom
shall be members of the same political party, one of whom shall be
the chairperson of the committee dealing primarily with highway
matters, one of whom shall be appointed by the president of the
senate, and one of whom shall be appointed by the minority leader
of the senate.
The president of the senate shall make the president of the
senate's appointment to the committee first, followed by the
minority leader of the senate, and they shall make their
appointments in such a manner that their two appointees represent
districts that are located in different areas of the state.
(2) Three members of the house of representatives, no more
than two of whom shall be members of the same political party, one
of whom shall be the chairperson of the house of representatives
committee dealing primarily with highway matters, one of whom
shall be appointed by the speaker of the house of representatives,
and one of whom shall be appointed by the minority leader of the
house of representatives.
The speaker of the house of representatives shall make the
speaker of the house of representatives' appointment to the
committee first, followed by the minority leader of the house of
representatives, and they shall make their appointments in such a
manner that their two appointees represent districts that are
located in different areas of the state.
The chairperson of the house of representatives committee
shall serve as the chairperson of the committee for the year 2012.
Thereafter, the chair annually shall alternate between, first, the
chairperson of the senate committee and then the chairperson of
the house of representatives committee.
(B) Each member of the committee who is a member of the
general assembly shall serve a term of the remainder of the
general assembly during which the member is appointed or is
serving as chairperson of the specified senate or house committee.
In the event of the death or resignation of a committee member who
is a member of the general assembly, or in the event that a member
ceases to be a senator or representative, or in the event that the
chairperson of the senate committee dealing primarily with highway
matters or the chairperson of the house of representatives
committee dealing primarily with highway matters ceases to hold
that position, the vacancy shall be filled through an appointment
by the president of the senate or the speaker of the house of
representatives or minority leader of the senate or house of
representatives, as applicable. Any member appointed to fill a
vacancy occurring prior to the end of the term for which the
member's predecessor was appointed shall hold office for the
remainder of the term or for a shorter period of time as
determined by the president of the senate or the speaker of the
house of representatives. A member of the committee is eligible
for reappointment.
(C) The committee shall meet at least quarterly and may meet
at the call of its chairperson, or upon the written request to the
chairperson of not fewer than four members of the committee.
Meetings shall be held at sites that are determined solely by the
chairperson of the committee. At each meeting, the Ohio department
of transportation shall make a report to the committee on
public-private partnership matters, including but not limited to
financial and budgetary matters and proposed and ongoing bids,
maintenance, repair, and operational projects.
The committee, by the affirmative vote of at least four of
its members, may submit written recommendations to the director of
transportation, the president of the senate, the speaker of the
house of representatives, and the minority leader of each house
describing public-private partnership matters subject to further
legislative review.
(D) The members of the committee who are members of the
general assembly shall serve without compensation, but shall be
reimbursed by the department for their actual and necessary
expenses incurred in the discharge of their official duties as
committee members. Serving as a member of the committee does not
constitute grounds for resignation from the senate or house of
representatives under section 101.26 of the Revised Code.
Sec. 5505.04. (A)(1) The general administration and
management of the state highway patrol retirement system and the
making effective of this chapter are hereby vested in the state
highway patrol retirement board. The board may sue and be sued,
plead and be impleaded, contract and be contracted with, and do
all things necessary to carry out this chapter.
The board shall consist of the following members:
(a) The superintendent of the state highway patrol;
(b) Two retirant members who reside in this state;
(c) Five employee-members;
(d) One member, known as the treasurer of state's investment
designee, who shall be appointed by the treasurer of state for a
term of four years and who shall have the following
qualifications:
(i) The member is a resident of this state.
(ii) Within the three years immediately preceding the
appointment, the member has not been employed by the public
employees retirement system, police and fire pension fund, state
teachers retirement system, school employees retirement system, or
state highway patrol retirement system or by any person,
partnership, or corporation that has provided to one of those
retirement systems services of a financial or investment nature,
including the management, analysis, supervision, or investment of
assets.
(iii) The member has direct experience in the management,
analysis, supervision, or investment of assets.
(iv) The member is not currently employed by the state or a
political subdivision of the state.
(e) Two investment expert members, who shall be appointed to
four-year terms. One investment expert member shall be appointed
by the governor, and one investment expert member shall be jointly
appointed by the speaker of the house of representatives and the
president of the senate. Each investment expert member shall have
the following qualifications:
(i) Each investment expert member shall be a resident of this
state.
(ii) Within the three years immediately preceding the
appointment, each investment expert member shall not have been
employed by the public employees retirement system, police and
fire pension fund, state teachers retirement system, school
employees retirement system, or state highway patrol retirement
system or by any person, partnership, or corporation that has
provided to one of those retirement systems services of a
financial or investment nature, including the management,
analysis, supervision, or investment of assets.
(iii) Each investment expert member shall have direct
experience in the management, analysis, supervision, or investment
of assets.
(2) The board shall annually elect a chairperson and
vice-chairperson from among its members. The vice-chairperson
shall act as chairperson in the absence of the chairperson. A
majority of the members of the board shall constitute a quorum and
any action taken shall be approved by a majority of the members of
the board. The board shall meet not less than once each year, upon
sufficient notice to the members. All meetings of the board shall
be open to the public except executive sessions as set forth in
division (G) of section 121.22 of the Revised Code, and any
portions of any sessions discussing medical records or the degree
of disability of a member excluded from public inspection by this
section.
(3) Any investment expert member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed holds office until the end of
such term. The member continues in office subsequent to the
expiration date of the member's term until the member's successor
takes office, or until a period of sixty days has elapsed,
whichever occurs first.
(B) The attorney general shall prescribe procedures for the
adoption of rules authorized under this chapter, consistent with
the provision of section 111.15 of the Revised Code under which
all rules shall be filed in order to be effective. Such procedures
shall establish methods by which notice of proposed rules are
given to interested parties and rules adopted by the board
published and otherwise made available. When it files a rule with
the joint committee on agency rule review pursuant to section
111.15 of the Revised Code, the board shall submit to the Ohio
retirement study council a copy of the full text of the rule, and
if applicable, a copy of the rule summary and fiscal analysis
required by division (B) of section 127.18 of the Revised Code.
(C)(1) As used in this division, "personal history record"
means information maintained by the board on an individual who is
a member, former member, retirant, or beneficiary that includes
the address, telephone number, social security number, record of
contributions, correspondence with the system, and other
information the board determines to be confidential.
(2) The records of the board shall be open to public
inspection, except for the following which shall be excluded: the
member's, former member's, retirant's, or beneficiary's personal
history record and the amount of a monthly allowance or benefit
paid to a retirant, beneficiary, or survivor, except with the
written authorization of the individual concerned. All medical
reports and recommendations are privileged except that copies of
such medical reports or recommendations shall be made available to
the individual's personal physician, attorney, or authorized agent
upon written release received from such individual or such
individual's agent, or when necessary for the proper
administration of the fund to the board-assigned physician.
(D) Notwithstanding the exceptions to public inspection in
division (C)(2) of this section, the board may furnish the
following information:
(1) If a member, former member, or retirant is subject to an
order issued under section 2907.15 of the Revised Code or an order
issued under division (A) or (B) of section 2929.192 of the
Revised Code or is convicted of or pleads guilty to a violation of
section 2921.41 of the Revised Code, on written request of a
prosecutor as defined in section 2935.01 of the Revised Code, the
board shall furnish to the prosecutor the information requested
from the individual's personal history record.
(2) Pursuant to a court order issued under Chapters 3119.,
3121., and 3123. of the Revised Code, the board shall furnish to a
court or child support enforcement agency the information required
under those chapters.
(3) At the written request of any nonprofit organization or
association providing services to retirement system members,
retirants, or beneficiaries, the board shall provide to the
organization or association a list of the names and addresses of
members, former members, retirants, or beneficiaries if the
organization or association agrees to use such information solely
in accordance with its stated purpose of providing services to
such individuals and not for the benefit of other persons,
organizations, or associations. The costs of compiling, copying,
and mailing the list shall be paid by such entity.
(4) Within fourteen days after receiving from the director of
job and family services a list of the names and social security
numbers of recipients of public assistance pursuant to section
5101.181 of the Revised Code, the board shall inform the auditor
of state of the name, current or most recent employer address, and
social security number of each member whose name and social
security number are the same as those of a person whose name or
social security number was submitted by the director. The board
and its employees, except for purposes of furnishing the auditor
of state with information required by this section, shall preserve
the confidentiality of recipients of public assistance in
compliance with division (A) of section 5101.181 of the Revised
Code.
(5) The system shall comply with orders issued under section
3105.87 of the Revised Code.
On the written request of an alternate payee, as defined in
section 3105.80 of the Revised Code, the system shall furnish to
the alternate payee information on the amount and status of any
amounts payable to the alternate payee under an order issued under
section 3105.171 or 3105.65 of the Revised Code.
(6) At the request of any person, the board shall make
available to the person copies of all documents, including
resumes, in the board's possession regarding filling a vacancy of
an employee member or retirant member of the board. The person who
made the request shall pay the cost of compiling, copying, and
mailing the documents. The information described in this division
is a public record.
(E) A statement that contains information obtained from the
system's records that is certified and signed by an officer of the
retirement system and to which the system's official seal is
affixed, or copies of the system's records to which the signature
and seal are attached, shall be received as true copies of the
system's records in any court or before any officer of this state.
Sec. 5540.03. (A) A transportation improvement district may:
(1) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(2) Adopt an official seal;
(3) Sue and be sued in its own name, plead and be impleaded,
provided any actions against the district shall be brought in the
court of common pleas of the county in which the principal office
of the district is located, or in the court of common pleas of the
county in which the cause of action arose, and all summonses,
exceptions, and notices of every kind shall be served on the
district by leaving a copy thereof at its principal office with
the secretary-treasurer;
(4) Purchase, construct, maintain, repair, sell, exchange,
police, operate, or lease projects;
(5) Issue either or both of the following for the purpose of
providing funds to pay the costs of any project or part thereof:
(a) Transportation improvement district revenue bonds;
(b) Bonds pursuant to Section 13 of Article VIII, Ohio
Constitution;
(6) Maintain such funds as it considers necessary;
(7) Direct its agents or employees, when properly identified
in writing and after at least five days' written notice, to enter
upon lands within its jurisdiction to make surveys and
examinations preliminary to the location and construction of
projects for the district, without liability of the district or
its agents or employees except for actual damage done;
(8) Make and enter into all contracts and agreements
necessary or incidental to the performance of its functions and
the execution of its powers under this chapter;
(9) Employ or retain or contract for the services of
consulting engineers, superintendents, managers, and such other
engineers, construction and accounting experts, financial
advisers, trustees, marketing, remarketing, and administrative
agents, attorneys, and other employees, independent contractors,
or agents as are necessary in its judgment and fix their
compensation, provided all such expenses shall be payable solely
from the proceeds of bonds or from revenues;
(10) Receive and accept from the federal or any state or
local government, including, but not limited to, any agency,
entity, or instrumentality of any of the foregoing, loans and
grants for or in aid of the construction, maintenance, or repair
of any project, and receive and accept aid or contributions from
any source or person of money, property, labor, or other things of
value, to be held, used, and applied only for the purposes for
which such loans, grants, and contributions are made. Nothing in
division (A)(10) of this section shall be construed as imposing
any liability on this state for any loan received by a
transportation improvement district from a third party unless this
state has entered into an agreement to accept such liability.
(11) Acquire, hold, and dispose of property in the exercise
of its powers and the performance of its duties under this
chapter;
(12) Establish and collect tolls or user charges for its
projects;
(13) Do all acts necessary and proper to carry out the powers
expressly granted in this chapter.
(B) Chapters 123., 124., 125., 153., and 4115., and sections
9.331, 9.332, 9.333, to 9.335 and 307.86 of the Revised Code do
not apply to contracts or projects of a transportation improvement
district.
Sec. 5701.13. (A) As used in this section:
(1) "Nursing home" means a nursing home or a home for the
aging, as those terms are defined in section 3721.01 of the
Revised Code, that is issued a license pursuant to section 3721.02
of the Revised Code.
(2) "Residential care facility" means a residential care
facility, as defined in section 3721.01 of the Revised Code, that
is issued a license pursuant to section 3721.02 of the Revised
Code.
(3) "Adult care facility" means an adult care facility as
defined in section 3722.01 5119.70 of the Revised Code that is
issued a license pursuant to section 3722.04 5119.73 of the
Revised Code.
(B) As used in Title LVII of the Revised Code, and for the
purpose of other sections of the Revised Code that refer
specifically to Chapter 5701. or section 5701.13 of the Revised
Code, a "home for the aged" means either of the following:
(1) A place of residence for aged and infirm persons that
satisfies divisions (B)(1)(a) to (e) of this section:
(a) It is a nursing home, residential care facility, or adult
care facility.
(b) It is owned by a corporation, unincorporated association,
or trust of a charitable, religious, or fraternal nature, which is
organized and operated not for profit, which is not formed for the
pecuniary gain or profit of, and whose net earnings or any part of
whose net earnings is not distributable to, its members, trustees,
officers, or other private persons, and which is exempt from
federal income taxation under section 501 of the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.
(c) It is open to the public without regard to race, color,
or national origin.
(d) It does not pay, directly or indirectly, compensation for
services rendered, interest on debts incurred, or purchase price
for land, building, equipment, supplies, or other goods or
chattels, which compensation, interest, or purchase price is
unreasonably high.
(e) It provides services for the life of each resident
without regard to the resident's ability to continue payment for
the full cost of the services.
(2) A place of residence that satisfies divisions (B)(1)(b),
(d), and (e) of this section; that satisfies the definition of
"nursing home," or "residential care facility," or "adult care
facility" under section 3721.01 of the Revised Code or 3722.01 the
definition of "adult care facility" under section 5119.70 of the
Revised Code regardless of whether it is licensed as such a home
or facility; and that is provided at no charge to individuals on
account of their service without compensation to a charitable,
religious, fraternal, or educational institution, which
individuals are aged or infirm and are members of the corporation,
association, or trust that owns the place of residence. For the
purposes of division (B)(2) of this section, "compensation" does
not include furnishing room and board, clothing, health care, or
other necessities, or stipends or other de minimis payments to
defray the cost thereof.
Exemption from taxation shall be accorded, on proper
application, only to those homes or parts of homes which meet the
standards and provide the services specified in this section.
Nothing in this section shall be construed as preventing a
home from requiring a resident with financial need to apply for
any applicable financial assistance or requiring a home to retain
a resident who willfully refuses to pay for services for which the
resident has contracted even though the resident has sufficient
resources to do so.
(C)(1) If a corporation, unincorporated association, or trust
described in division (B)(1)(b) of this section is granted a
certificate of need pursuant to section 3702.52 of the Revised
Code to construct, add to, or otherwise modify a nursing home, or
is given approval pursuant to section 3791.04 of the Revised Code
to construct, add to, or otherwise modify a residential care
facility or adult care facility and if the corporation,
association, or trust submits an affidavit to the tax commissioner
stating that, commencing on the date of licensure and continuing
thereafter, the home or facility will be operated in accordance
with the requirements of divisions (B)(1)(a) to (e) of this
section, the corporation, association, or trust shall be
considered to be operating a "home for the aged" within the
meaning of division (B)(1) of this section, beginning on the first
day of January of the year in which such certificate is granted or
approval is given.
(2) If a corporation, association, or trust is considered to
be operating a "home for the aged" pursuant to division (C)(1) of
this section, the corporation, association, or trust shall notify
the tax commissioner in writing upon the occurrence of any of the
following events:
(a) The corporation, association, or trust no longer intends
to complete the construction of, addition to, or modification of
the home or facility, to obtain the appropriate license for the
home or facility, or to commence operation of the home or facility
in accordance with the requirements of divisions (B)(1)(a) to (e)
of this section;
(b) The certificate of approval referred to in division
(C)(1) of this section expires, is revoked, or is otherwise
terminated prior to the completion of the construction of,
addition to, or modification of the home or facility;
(c) The license to operate the home or facility is not
granted by the director of health within one year following
completion of the construction of, addition to, or modification of
the home or facility;
(d) The license to operate the home or facility is not
granted by the director of health within four years following the
date upon which the certificate or approval referred to in
division (C)(1) of this section was granted or given;
(e) The home or facility is granted a license to operate as a
nursing home, residential care facility, or adult care facility.
(3) Upon the occurrence of any of the events referred to in
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the
corporation, association, or trust shall no longer be considered
to be operating a "home for the aged" pursuant to division (C)(1)
of this section, except that the tax commissioner, for good cause
shown and to the extent the commissioner considers appropriate,
may extend the time period specified in division (C)(2)(c) or (d)
of this section, or both. Nothing in division (C)(3) of this
section shall be construed to prevent a nursing home, residential
care facility, or adult care facility from qualifying as a "home
for the aged" if, upon proper application made pursuant to
division (B) of this section, it is found to meet the requirements
of divisions (A) and (B) of this section.
Sec. 5703.05. All powers, duties, and functions of the
department of taxation are vested in and shall be performed by the
tax commissioner, which powers, duties, and functions shall
include, but shall not be limited to, the following:
(A) Prescribing all blank forms which the department is
authorized to prescribe, and to provide such forms and distribute
the same as required by law and the rules of the department. The
tax commissioner shall include a mail-in registration form
prescribed in section 3503.14 of the Revised Code within the
return and instructions for the tax levied in odd-numbered years
under section 5747.02 of the Revised Code, beginning with the tax
levied for 1995. The secretary of state shall bear all costs for
the inclusion of the mail-in registration form. That form shall be
addressed for return to the office of the secretary of state.
(B) Exercising the authority provided by law, including
orders from bankruptcy courts, relative to remitting or refunding
taxes or assessments, including penalties and interest thereon,
illegally or erroneously assessed or collected, or for any other
reason overpaid, and in addition, the commissioner may on written
application of any person, firm, or corporation claiming to have
overpaid to the treasurer of state at any time within five years
prior to the making of such application any tax payable under any
law which the department of taxation is required to administer
which does not contain any provision for refund, or on the
commissioner's own motion investigate the facts and make in
triplicate a written statement of the commissioner's findings,
and, if the commissioner finds that there has been an overpayment,
issue in triplicate a certificate of abatement payable to the
taxpayer, the taxpayer's assigns, or legal representative which
shows the amount of the overpayment and the kind of tax overpaid.
One copy of such statement shall be entered on the journal of the
commissioner, one shall be certified to the attorney general, and
one certified copy shall be delivered to the taxpayer. All copies
of the certificate of abatement shall be transmitted to the
attorney general, and if the attorney general finds it to be
correct the attorney general shall so certify on each copy, and
deliver one copy to the taxpayer, one copy to the commissioner,
and the third copy to the treasurer of state. Except as provided
in sections 5725.08 and 5725.16 of the Revised Code the taxpayer's
copy of any certificates of abatement may be tendered by the payee
or transferee thereof to the treasurer of state as payment, to the
extent of the amount thereof, of any tax payable to the treasurer
of state.
(C) Exercising the authority provided by law relative to
consenting to the compromise and settlement of tax claims;
(D) Exercising the authority provided by law relative to the
use of alternative tax bases by taxpayers in the making of
personal property tax returns;
(E) Exercising the authority provided by law relative to
authorizing the prepayment of taxes on retail sales of tangible
personal property or on the storage, use, or consumption of
personal property, and waiving the collection of such taxes from
the consumers;
(F) Exercising the authority provided by law to revoke
licenses;
(G) Maintaining a continuous study of the practical operation
of all taxation and revenue laws of the state, the manner in which
and extent to which such laws provide revenues for the support of
the state and its political subdivisions, the probable effect upon
such revenue of possible changes in existing laws, and the
possible enactment of measures providing for other forms of
taxation. For this purpose the commissioner may establish and
maintain a division of research and statistics, and may appoint
necessary employees who shall be in the unclassified civil
service; the results of such study shall be available to the
members of the general assembly and the public.
(H) Making all tax assessments, valuations, findings,
determinations, computations, and orders the department of
taxation is by law authorized and required to make and, pursuant
to time limitations provided by law, on the commissioner's own
motion, reviewing, redetermining, or correcting any tax
assessments, valuations, findings, determinations, computations,
or orders the commissioner has made, but the commissioner shall
not review, redetermine, or correct any tax assessment, valuation,
finding, determination, computation, or order which the
commissioner has made as to which an appeal or application for
rehearing, review, redetermination, or correction has been filed
with the board of tax appeals, unless such appeal or application
is withdrawn by the appellant or applicant or dismissed;
(I) Appointing not more than five deputy tax commissioners,
who, under such regulations as the rules of the department of
taxation prescribe, may act for the commissioner in the
performance of such duties as the commissioner prescribes in the
administration of the laws which the commissioner is authorized
and required to administer, and who shall serve in the
unclassified civil service at the pleasure of the commissioner,
but if a person who holds a position in the classified service is
appointed, it shall not affect the civil service status of such
person. The commissioner may designate not more than two of the
deputy commissioners to act as commissioner in case of the
absence, disability, or recusal of the commissioner or vacancy in
the office of commissioner. The commissioner may adopt rules
relating to the order of precedence of such designated deputy
commissioners and to their assumption and administration of the
office of commissioner.
(J) Appointing and prescribing the duties of all other
employees of the department of taxation necessary in the
performance of the work of the department which the tax
commissioner is by law authorized and required to perform, and
creating such divisions or sections of employees as, in the
commissioner's judgment, is proper;
(K) Organizing the work of the department, which the
commissioner is by law authorized and required to perform, so
that, in the commissioner's judgment, an efficient and economical
administration of the laws will result;
(L) Maintaining a journal, which is open to public
inspection, in which the tax commissioner shall keep a record of
all final determinations of the commissioner;
(M) Adopting and promulgating, in the manner provided by
section 5703.14 of the Revised Code, all rules of the department,
including rules for the administration of sections 3517.16,
3517.17, and 5747.081 of the Revised Code;
(N) Destroying any or all returns or assessment certificates
in the manner authorized by law;
(O) Adopting rules, in accordance with division (B) of
section 325.31 of the Revised Code, governing the expenditure of
moneys from the real estate assessment fund under that division.
Sec. 5703.059. (A) The tax commissioner may adopt rules
requiring returns, including any accompanying schedule or
statement, for any of the following taxes to be filed
electronically using the Ohio business gateway as defined in
section 718.051 of the Revised Code, filed telephonically using
the system known as the Ohio telefile system, or filed by any
other electronic means prescribed by the commissioner:
(1) Employer income tax withholding under Chapter 5747. of
the Revised Code;
(2) Motor fuel tax under Chapter 5735. of the Revised Code;
(3) Cigarette and tobacco product tax under Chapter 5743. of
the Revised Code;
(4) Severance tax under Chapter 5749. of the Revised Code.
(B) The tax commissioner may adopt rules requiring any
payment of tax shown on such a return to be due to be made
electronically in a manner approved by the commissioner.
(C) A rule adopted under this section does not apply to
returns or reports filed or payments made before six months after
the effective date of the rule. The commissioner shall publicize
any new electronic filing requirement on the department's web
site. The commissioner shall educate the public of the requirement
through seminars, workshops, conferences, or other outreach
activities.
(D) Any person required to file returns and make payments
electronically under rules adopted under this section may apply to
the commissioner, on a form prescribed by the commissioner, to be
excused from that requirement. For good cause shown, the
commissioner may excuse the applicant from the requirement and
permit the applicant to file the returns or reports or make the
payments required under this section by nonelectronic means.
Sec. 5703.37. (A)(1) Except as provided in division (B) of
this section, whenever service of a notice or order is required in
the manner provided in this section, a copy of the notice or order
shall be served upon the person affected thereby either by
personal service or, by certified mail, or by a delivery service
authorized under section 5703.056 of the Revised Code that
notifies the tax commissioner of the date of delivery.
(2) With the permission of the person affected by the notice
or order, the commissioner may enter into a written agreement to
deliver a notice or order by alternative means as provided in this
section, including, but not limited to, delivery by secure
electronic mail. Delivery by such means satisfies the requirements
for delivery under this section.
(B)(1)(a) If certified mail is returned because of an
undeliverable address, the commissioner shall first utilize
reasonable means to ascertain a new last known address, including
the use of a change of address service offered by the United
States postal service. If, after using reasonable means, the
commissioner is unable to ascertain a new last known address, the
assessment is final for purposes of section 131.02 of the Revised
Code sixty days after the notice or order sent by certified mail
is first returned to the commissioner, and the commissioner shall
certify the notice or order, if applicable, to the attorney
general for collection under section 131.02 of the Revised Code.
(b) Notwithstanding certification to the attorney general
under division (B)(1)(a) of this section, once the commissioner or
attorney general, or the designee of either, makes an initial
contact with the person to whom the notice or order is directed,
the person may protest an assessment by filing a petition for
reassessment within sixty days after the initial contact. The
certification of an assessment under division (B)(1)(a) of this
section is prima-facie evidence that delivery is complete and that
the notice or order is served.
(2) If mailing of a notice or order by certified mail is
returned for some cause other than an undeliverable address, the
tax commissioner shall resend the notice or order by ordinary
mail. The notice or order shall show the date the commissioner
sends the notice or order and include the following statement:
"This notice or order is deemed to be served on the addressee
under applicable law ten days from the date this notice or order
was mailed by the commissioner as shown on the notice or order,
and all periods within which an appeal may be filed apply from and
after that date."
Unless the mailing is returned because of an undeliverable
address, the mailing of that information is prima-facie evidence
that delivery of the notice or order was completed ten days after
the commissioner sent the notice or order by ordinary mail and
that the notice or order was served.
If the ordinary mail is subsequently returned because of an
undeliverable address, the commissioner shall proceed under
division (B)(1)(a) of this section. A person may challenge the
presumption of delivery and service under this division in
accordance with division (C) of this section.
(C)(1) A person disputing the presumption of delivery and
service under division (B) of this section bears the burden of
proving by a preponderance of the evidence that the address to
which the notice or order was sent was not an address with which
the person was associated at the time the commissioner originally
mailed the notice or order by certified mail. For the purposes of
this section, a person is associated with an address at the time
the commissioner originally mailed the notice or order if, at that
time, the person was residing, receiving legal documents, or
conducting business at the address; or if, before that time, the
person had conducted business at the address and, when the notice
or order was mailed, the person's agent or the person's affiliate
was conducting business at the address. For the purposes of this
section, a person's affiliate is any other person that, at the
time the notice or order was mailed, owned or controlled at least
twenty per cent, as determined by voting rights, of the
addressee's business.
(2) If the person elects to protest an assessment certified
to the attorney general for collection, the person must do so
within sixty days after the attorney general's initial contact
with the person. The attorney general may enter into a compromise
with the person under sections 131.02 and 5703.06 of the Revised
Code if the person does not file a petition for reassessment with
the tax commissioner.
(D) Nothing in this section prohibits the tax commissioner or
the commissioner's designee from delivering a notice or order by
personal service.
(E) Collection actions taken pursuant to section 131.02 of
the Revised Code upon any assessment being challenged under
division (B)(1)(b) of this section shall be stayed upon the
pendency of an appeal under this section. If a petition for
reassessment is filed pursuant to this section on a claim that has
been certified to the attorney general for collection, the claim
shall be uncertified.
(F) As used in this section:
(1) "Last known address" means the address the department has
at the time the document is originally sent by certified mail, or
any address the department can ascertain using reasonable means
such as the use of a change of address service offered by the
United States postal service.
(2) "Undeliverable address" means an address to which the
United States postal service is not able to deliver a notice or
order, except when the reason for nondelivery is because the
addressee fails to acknowledge or accept the notice or order.
Sec. 5705.14. No transfer shall be made from one fund of a
subdivision to any other fund, by order of the court or otherwise,
except as follows:
(A) The unexpended balance in a bond fund that is no longer
needed for the purpose for which such fund was created shall be
transferred to the sinking fund or bond retirement fund from which
such bonds are payable.
(B) The unexpended balance in any specific permanent
improvement fund, other than a bond fund, after the payment of all
obligations incurred in the acquisition of such improvement, shall
be transferred to the sinking fund or bond retirement fund of the
subdivision; provided that if such money is not required to meet
the obligations payable from such funds, it may be transferred to
a special fund for the acquisition of permanent improvements, or,
with the approval of the court of common pleas of the county in
which such subdivision is located, to the general fund of the
subdivision.
(C) The (1) Except as provided in division (C)(2) of this
section, the unexpended balance in the sinking fund or bond
retirement fund of a subdivision, after all indebtedness,
interest, and other obligations for the payment of which such fund
exists have been paid and retired, shall be transferred, in the
case of the sinking fund, to the bond retirement fund, and in the
case of the bond retirement fund, to the sinking fund; provided
that if such transfer is impossible by reason of the nonexistence
of the fund to receive the transfer, such unexpended balance, with
the approval of the court of common pleas of the county in which
such division is located, may be transferred to any other fund of
the subdivision.
(2) Money in a bond fund or bond retirement fund of a city,
local, exempted village, cooperative education, or joint
vocational school district may be transferred to a specific
permanent improvement fund provided that the county budget
commission of the county in which the school district is located
approves the transfer upon its determination that the money
transferred will not be required to meet the obligations payable
from the bond fund or bond retirement fund. In arriving at such a
determination, the county budget commission shall consider the
balance of the bond fund or bond retirement fund, the outstanding
obligations payable from the fund, and the sources and timing of
the fund's revenue.
(D) The unexpended balance in any special fund, other than an
improvement fund, existing in accordance with division (D), (F),
or (G) of section 5705.09 or section 5705.12 of the Revised Code,
may be transferred to the general fund or to the sinking fund or
bond retirement fund after the termination of the activity,
service, or other undertaking for which such special fund existed,
but only after the payment of all obligations incurred and payable
from such special fund.
(E) Money may be transferred from the general fund to any
other fund of the subdivision.
(F) Moneys retained or received by a county under section
4501.04 or division (A)(3) of section 5735.27 of the Revised Code
may be transferred from the fund into which they were deposited to
the sinking fund or bond retirement fund from which any principal,
interest, or charges for which such moneys may be used is payable.
(G) Moneys retained or received by a municipal corporation
under section 4501.04 or division (A)(1) or (2) of section 5735.27
of the Revised Code may be transferred from the fund into which
they were deposited to the sinking fund or bond retirement fund
from which any principal, interest, or charges for which such
moneys may be used is payable.
(H)(1) Money may be transferred from the county developmental
disabilities general fund to the county developmental disabilities
capital fund established under section 5705.091 of the Revised
Code or to any other fund created for the purposes of the county
board of developmental disabilities, so long as money in the fund
to which the money is transferred can be spent for the particular
purpose of the transferred money. The county board of
developmental disabilities may request, by resolution, that the
board of county commissioners make the transfer. The county board
of developmental disabilities shall transmit a certified copy of
the resolution to the board of county commissioners. Upon
receiving the resolution, the board of county commissioners may
make the transfer. Money transferred to a fund shall be credited
to an account appropriate to its particular purpose.
(2) An unexpended balance in an account in the county
developmental disabilities capital fund or any other fund created
for the purposes of the county board of developmental disabilities
may be transferred back to the county developmental disabilities
general fund. The transfer may be made if the unexpended balance
is no longer needed for its particular purpose and all outstanding
obligations have been paid. Money transferred back to the county
developmental disabilities general fund shall be credited to an
account for current expenses within that fund. The county board of
developmental disabilities may request, by resolution, that the
board of county commissioners make the transfer. The county board
of developmental disabilities shall transmit a certified copy of
the resolution to the board of county commissioners. Upon
receiving the resolution, the board of county commissioners may
make the transfer.
(I) Money may be transferred from the public assistance fund
established under section 5101.161 of the Revised Code to the
children services fund established under section 5101.144 of the
Revised Code, so long as the money to be transferred from the
public assistance fund may be spent for the purposes for which
money in the children services fund may be used.
Except in the case of transfer pursuant to division (E) of
this section, transfers authorized by this section shall only be
made by resolution of the taxing authority passed with the
affirmative vote of two-thirds of the members.
Sec. 5705.211. (A) As used in this section:
(1) "Adjusted charge-off increase" for a tax year means two
and two-tenths per cent of the cumulative carryover property value
increase. If the cumulative carryover property value increase is
computed on the basis of a school district's recognized valuation
for a fiscal year before fiscal year 2014, the adjusted charge-off
increase shall be adjusted to account for the greater charge-off
rates prescribed for such fiscal years under sections 3317.022 and
3306.13 of the Revised Code.
(2) "Cumulative carryover property value increase" means the
sum of the increases in carryover value certified under division
(B)(2) of section 3317.015 of the Revised Code and included in a
school district's total taxable value in the computation of
recognized valuation under division (B) of that section for all
fiscal years from the fiscal year that ends in the first tax year
a levy under this section is extended on the tax list of real and
public utility property until and including the fiscal year that
ends in the current tax year.
(3) "Taxes charged and payable" means the taxes charged and
payable from a tax levy extended on the real and public utility
property tax list and the general list of personal property before
any reduction under section 319.302, 323.152, or 323.158 of the
Revised Code.
(B) The board of education of a city, local, or exempted
village school district may adopt a resolution proposing the levy
of a tax in excess of the ten-mill limitation for the purpose of
paying the current operating expenses of the district. If the
resolution is approved as provided in division (D) of this
section, the tax may be levied at such a rate each tax year that
the total taxes charged and payable from the levy equals the
adjusted charge-off increase for the tax year or equals a lesser
amount as prescribed under division (C) of this section. The tax
may be levied for a continuing period of time or for a specific
number of years, but not fewer than five years, as provided in the
resolution. The tax may not be placed on the tax list for a tax
year beginning before the first day of January following adoption
of the resolution. A board of education may not adopt a resolution
under this section proposing to levy a tax under this section
concurrently with any other tax levied by the board under this
section.
(C) After the first year a tax is levied under this section,
the rate of the tax in any year shall not exceed the rate,
estimated by the county auditor, that would cause the sums levied
from the tax against carryover property to exceed one hundred four
per cent of the sums levied from the tax against carryover
property in the preceding year. A board of education imposing a
tax under this section may specify in the resolution imposing the
tax that the percentage shall be less than one hundred four per
cent, but the percentage shall not be less than one hundred per
cent. At any time after a resolution adopted under this section is
approved by a majority of electors as provided in division (D) of
this section, the board of education, by resolution, may decrease
the percentage specified in the resolution levying the tax.
(D) A resolution adopted under this section shall state that
the purpose of the tax is to pay current operating expenses of the
district, and shall specify the first year in which the tax is to
be levied, the number of years the tax will be levied or that it
will be levied for a continuing period of time, and the election
at which the question of the tax is to appear on the ballot, which
shall be a general or special election consistent with the
requirements of section 3501.01 of the Revised Code. If the board
of education specifies a percentage less than one hundred four per
cent pursuant to division (C) of this section, the percentage
shall be specified in the resolution.
Upon adoption of the resolution, the board of education may
certify a copy of the resolution to the proper county board of
elections. The copy of the resolution shall be certified to the
board of elections not later than ninety days before the day of
the election at which the question of the tax is to appear on the
ballot. Upon receiving a timely certified copy of such a
resolution, the board of elections shall make the necessary
arrangements for the submission of the question to the electors of
the school district, and the election shall be conducted,
canvassed, and certified in the same manner as regular elections
in the school district for the election of members of the board of
education. Notice of the election shall be published in one or
more newspapers of general circulation in the school district once
per week for four consecutive weeks. The notice shall state that
the purpose of the tax is for the current operating expenses of
the school district, the first year the tax is to be levied, the
number of years the tax is to be levied or that it is to be levied
for a continuing period of time, that the tax is to be levied each
year in an amount estimated to offset decreases in state base cost
funding caused by appreciation in real estate values, and that the
estimated additional tax in any year shall not exceed the previous
year's by more than four per cent, or a lesser percentage
specified in the resolution levying the tax, except for increases
caused by the addition of new taxable property.
The question shall be submitted as a separate proposition but
may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers.
The form of the ballot shall be substantially as follows:
"An additional tax for the benefit of (name of school
district) for the purpose of paying the current operating expenses
of the district, for .......... (number of years or for continuing
period of time), at a rate sufficient to offset any reduction in
basic state funding caused by appreciation in real estate values?
This levy will permit variable annual growth in revenue up to
.......... (amount specified by school district) per cent for the
duration of the levy.
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For the tax levy |
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Against the tax levy |
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If a majority of the electors of the school district voting
on the question vote in favor of the question, the board of
elections shall certify the results of the election to the board
of education and to the tax commissioner immediately after the
canvass.
(E) When preparing any estimate of the contemplated receipts
from a tax levied pursuant to this section for the purposes of
sections 5705.28 to 5705.40 of the Revised Code, and in preparing
to certify the tax under section 5705.34 of the Revised Code, a
board of education authorized to levy such a tax shall use
information supplied by the department of education to determine
the adjusted charge-off increase for the tax year for which that
certification is made. If the board levied a tax under this
section in the preceding tax year, the sum to be certified for
collection from the tax shall not exceed the sum that would exceed
the limitation imposed under division (C) of this section. At the
request of the board of education or the treasurer of the school
district, the county auditor shall assist the board of education
in determining the rate or sum that may be levied under this
section.
The board of education shall certify the sum authorized to be
levied to the county auditor, and, for the purpose of the county
auditor determining the rate at which the tax is to be levied in
the tax year, the sum so certified shall be the sum to be raised
by the tax unless the sum exceeds the limitation imposed by
division (C) of this section. A tax levied pursuant to this
section shall not be levied at a rate in excess of the rate
estimated by the county auditor to produce the sum certified by
the board of education before the reductions under sections
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding
section 5705.34 of the Revised Code, a board of education
authorized to levy a tax under this section shall certify the tax
to the county auditor before the first day of October of the tax
year in which the tax is to be levied, or at a later date as
approved by the tax commissioner.
Sec. 5705.392. (A) A board of county commissioners may adopt
as a part of its annual appropriation measure a spending plan, or
in the case of an amended appropriation measure, an amended
spending plan, setting forth a quarterly schedule of expenses and
expenditures of all appropriations for the fiscal year from the
county general fund. The spending plan shall be classified to set
forth separately a quarterly schedule of expenses and expenditures
for each office, department, and division, and within each, the
amount appropriated for personal services. Each office,
department, and division shall be limited in its expenses and
expenditures of moneys appropriated from the general fund during
any quarter by the schedule established in the spending plan. The
schedule established in the spending plan shall serve as a
limitation during a quarter on the making of contracts and giving
of orders involving the expenditure of money during that quarter
for purposes of division (D) of section 5705.41 of the Revised
Code.
(B)(1) A board of county commissioners, by resolution, may
adopt a spending plan or an amended spending plan setting forth
separately a quarterly schedule of expenses and expenditures of
appropriations from any county fund, for the second half of a
fiscal year and any subsequent fiscal year, for any county office,
department, or division that has spent or encumbered more than
six-tenths of the amount appropriated for personal services and
payrolls during the first half of any fiscal year.
(2) During any fiscal year, a board of county commissioners,
by resolution, may adopt a spending plan or an amended spending
plan setting forth separately a quarterly schedule of expenses and
expenditures of appropriations from any county fund, for any
county office, department, or division that, during the previous
fiscal year, spent one hundred five per cent or more of the total
amount appropriated by the board in its annual appropriation
measure required by section 5705.38 of the Revised Code. The
spending plan or amended spending plan shall remain in effect
three fiscal years, or until the county officer of the office for
which the plan was adopted is no longer in office, including terms
of office to which the county officer is re-elected, whichever is
later.
(3) At least thirty days before adopting a resolution under
division (B)(1) or (2) of this section, the board of county
commissioners shall provide written notice to each county office,
department, or division for which it intends to adopt a spending
plan or an amended spending plan. The notice shall be sent by
regular first class mail or provided by personal service, and
shall include a copy of the proposed spending plan or proposed
amended spending plan. The county office, department, or division
may meet with the board at any regular session of the board to
comment on the notice, or to express concerns or ask questions
about the proposed spending plan or proposed amended spending
plan.
Sec. 5707.031. As used in this section, "qualifying dealer
in intangibles" has the same meaning as "qualifying dealer" in
section 5725.24 of the Revised Code means a dealer in intangibles
that is a qualifying dealer in intangibles as defined in section
5733.45 of the Revised Code or a member of a qualifying controlled
group, as defined in section 5733.04 of the Revised Code, of which
an insurance company also is a member on the first day of January
of the year in and for which the tax imposed by section 5707.03 of
the Revised Code is required to be paid by the dealer.
Upon the issuance of a tax credit certificate by the Ohio
venture capital authority under section 150.07 of the Revised
Code, a refundable credit may be claimed against the tax imposed
on a qualifying dealer in intangibles under section 5707.03 and
Chapter 5725. of the Revised Code. The credit shall be claimed on
a return due under section 5725.14 of the Revised Code after the
certificate is issued by the authority.
Sec. 5709.07. (A) The following property shall be exempt
from taxation:
(1) Public schoolhouses, the books and furniture in them, and
the ground attached to them necessary for the proper occupancy,
use, and enjoyment of the schoolhouses, and not leased or
otherwise used with a view to profit;
(2) Houses used exclusively for public worship, the books and
furniture in them, and the ground attached to them that is not
leased or otherwise used with a view to profit and that is
necessary for their proper occupancy, use, and enjoyment;
(3) Real property owned and operated by a church that is used
primarily for church retreats or church camping, and that is not
used as a permanent residence. Real property exempted under
division (A)(3) of this section may be made available by the
church on a limited basis to charitable and educational
institutions if the property is not leased or otherwise made
available with a view to profit.
(4) Public colleges and academies and all buildings connected
with them, and all lands connected with public institutions of
learning, not used with a view to profit, including those
buildings and lands that satisfy all of the following:
(a) The buildings are used for housing for full-time students
or housing-related facilities for students, faculty, or employees
of a state university, or for other purposes related to the state
university's educational purpose, and the lands are underneath the
buildings or are used for common space, walkways, and green spaces
for the state university's students, faculty, or employees. As
used in this division, "housing-related facilities" includes both
parking facilities related to the buildings and common buildings
made available to students, faculty, or employees of a state
university. The leasing of space in housing-related facilities
shall not be considered an activity with a view to profit for
purposes of division (A)(4) of this section.
(b) The buildings and lands are supervised or otherwise under
the control, directly or indirectly, of an organization that is
exempt from federal income taxation under section 501(c)(3) of the
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as
amended, and the state university has entered into a qualifying
joint use agreement with the organization that entitles the
students, faculty, or employees of the state university to use the
lands or buildings;
(c) The state university has agreed, under the terms of the
qualifying joint use agreement with the organization described in
division (A)(4)(b) of this section, that the state university, to
the extent applicable under the agreement, will make payments to
the organization in amounts sufficient to maintain agreed-upon
debt service coverage ratios on bonds related to the lands or
buildings.
(B) This section shall not extend to leasehold estates or
real property held under the authority of a college or university
of learning in this state; but leaseholds, or other estates or
property, real or personal, the rents, issues, profits, and income
of which is given to a municipal corporation, school district, or
subdistrict in this state exclusively for the use, endowment, or
support of schools for the free education of youth without charge
shall be exempt from taxation as long as such property, or the
rents, issues, profits, or income of the property is used and
exclusively applied for the support of free education by such
municipal corporation, district, or subdistrict. Division (B) of
this section shall not apply with respect to buildings and lands
that satisfy all of the requirements specified in divisions
(A)(4)(a) to (c) of this section.
(C) For purposes of this section, if the requirements
specified in divisions (A)(4)(a) to (c) of this section are
satisfied, the buildings and lands with respect to which exemption
is claimed under division (A)(4) of this section shall be deemed
to be used with reasonable certainty in furthering or carrying out
the necessary objects and purposes of a state university.
(D) As used in this section:
(1) "Church" means a fellowship of believers, congregation,
society, corporation, convention, or association that is formed
primarily or exclusively for religious purposes and that is not
formed for the private profit of any person.
(2) "State university" has the same meaning as in section
3345.011 of the Revised Code.
(3) "Qualifying joint use agreement" means an agreement that
satisfies all of the following:
(a) The agreement was entered into before June 30, 2004;
(b) The agreement is between a state university and an
organization that is exempt from federal income taxation under
section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat.
2085, 26 U.S.C. 1, as amended; and
(c) The state university that is a party to the agreement
reported to the Ohio board of regents that the university
maintained a headcount of at least twenty-five thousand students
on its main campus during the academic school year that began in
calendar year 2003 and ended in calendar year 2004.
Sec. 5709.62. (A) In any municipal corporation that is
defined by the United States office of management and budget as a
principal city of a metropolitan statistical area, the legislative
authority of the municipal corporation may designate one or more
areas within its municipal corporation as proposed enterprise
zones. Upon designating an area, the legislative authority shall
petition the director of development for certification of the area
as having the characteristics set forth in division (A)(1) of
section 5709.61 of the Revised Code as amended by Substitute
Senate Bill No. 19 of the 120th general assembly. Except as
otherwise provided in division (E) of this section, on and after
July 1, 1994, legislative authorities shall not enter into
agreements under this section unless the legislative authority has
petitioned the director and the director has certified the zone
under this section as amended by that act; however, all agreements
entered into under this section as it existed prior to July 1,
1994, and the incentives granted under those agreements shall
remain in effect for the period agreed to under those agreements.
Within sixty days after receiving such a petition, the director
shall determine whether the area has the characteristics set forth
in division (A)(1) of section 5709.61 of the Revised Code, and
shall forward the findings to the legislative authority of the
municipal corporation. If the director certifies the area as
having those characteristics, and thereby certifies it as a zone,
the legislative authority may enter into an agreement with an
enterprise under division (C) of this section.
(B) Any enterprise that wishes to enter into an agreement
with a municipal corporation under division (C) of this section
shall submit a proposal to the legislative authority of the
municipal corporation on a form prescribed by the director of
development, together with the application fee established under
section 5709.68 of the Revised Code. The form shall require the
following information:
(1) An estimate of the number of new employees whom the
enterprise intends to hire, or of the number of employees whom the
enterprise intends to retain, within the zone at a facility that
is a project site, and an estimate of the amount of payroll of the
enterprise attributable to these employees;
(2) An estimate of the amount to be invested by the
enterprise to establish, expand, renovate, or occupy a facility,
including investment in new buildings, additions or improvements
to existing buildings, machinery, equipment, furniture, fixtures,
and inventory;
(3) A listing of the enterprise's current investment, if any,
in a facility as of the date of the proposal's submission.
The enterprise shall review and update the listings required
under this division to reflect material changes, and any agreement
entered into under division (C) of this section shall set forth
final estimates and listings as of the time the agreement is
entered into. The legislative authority may, on a separate form
and at any time, require any additional information necessary to
determine whether an enterprise is in compliance with an agreement
and to collect the information required to be reported under
section 5709.68 of the Revised Code.
(C) Upon receipt and investigation of a proposal under
division (B) of this section, if the legislative authority finds
that the enterprise submitting the proposal is qualified by
financial responsibility and business experience to create and
preserve employment opportunities in the zone and improve the
economic climate of the municipal corporation, the legislative
authority, on or before October 15, 2011 2012, may do one of the
following:
(1) Enter into an agreement with the enterprise under which
the enterprise agrees to establish, expand, renovate, or occupy a
facility and hire new employees, or preserve employment
opportunities for existing employees, in return for one or more of
the following incentives:
(a) Exemption for a specified number of years, not to exceed
fifteen, of a specified portion, up to seventy-five per cent, of
the assessed value of tangible personal property first used in
business at the project site as a result of the agreement. If an
exemption for inventory is specifically granted in the agreement
pursuant to this division, the exemption applies to inventory
required to be listed pursuant to sections 5711.15 and 5711.16 of
the Revised Code, except that, in the instance of an expansion or
other situations in which an enterprise was in business at the
facility prior to the establishment of the zone, the inventory
that is exempt is that amount or value of inventory in excess of
the amount or value of inventory required to be listed in the
personal property tax return of the enterprise in the return for
the tax year in which the agreement is entered into.
(b) Exemption for a specified number of years, not to exceed
fifteen, of a specified portion, up to seventy-five per cent, of
the increase in the assessed valuation of real property
constituting the project site subsequent to formal approval of the
agreement by the legislative authority;
(c) Provision for a specified number of years, not to exceed
fifteen, of any optional services or assistance that the municipal
corporation is authorized to provide with regard to the project
site.
(2) Enter into an agreement under which the enterprise agrees
to remediate an environmentally contaminated facility, to spend an
amount equal to at least two hundred fifty per cent of the true
value in money of the real property of the facility prior to
remediation as determined for the purposes of property taxation to
establish, expand, renovate, or occupy the remediated facility,
and to hire new employees or preserve employment opportunities for
existing employees at the remediated facility, in return for one
or more of the following incentives:
(a) Exemption for a specified number of years, not to exceed
fifteen, of a specified portion, not to exceed fifty per cent, of
the assessed valuation of the real property of the facility prior
to remediation;
(b) Exemption for a specified number of years, not to exceed
fifteen, of a specified portion, not to exceed one hundred per
cent, of the increase in the assessed valuation of the real
property of the facility during or after remediation;
(c) The incentive under division (C)(1)(a) of this section,
except that the percentage of the assessed value of such property
exempted from taxation shall not exceed one hundred per cent;
(d) The incentive under division (C)(1)(c) of this section.
(3) Enter into an agreement with an enterprise that plans to
purchase and operate a large manufacturing facility that has
ceased operation or announced its intention to cease operation, in
return for exemption for a specified number of years, not to
exceed fifteen, of a specified portion, up to one hundred per
cent, of the assessed value of tangible personal property used in
business at the project site as a result of the agreement, or of
the assessed valuation of real property constituting the project
site, or both.
(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this
section, the portion of the assessed value of tangible personal
property or of the increase in the assessed valuation of real
property exempted from taxation under those divisions may exceed
seventy-five per cent in any year for which that portion is
exempted if the average percentage exempted for all years in which
the agreement is in effect does not exceed sixty per cent, or if
the board of education of the city, local, or exempted village
school district within the territory of which the property is or
will be located approves a percentage in excess of seventy-five
per cent.
(2) Notwithstanding any provision of the Revised Code to the
contrary, the exemptions described in divisions (C)(1)(a), (b),
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may
be for up to fifteen years if the board of education of the city,
local, or exempted village school district within the territory of
which the property is or will be located approves a number of
years in excess of ten.
(3) For the purpose of obtaining the approval of a city,
local, or exempted village school district under division (D)(1)
or (2) of this section, the legislative authority shall deliver to
the board of education a notice not later than forty-five days
prior to approving the agreement, excluding Saturdays, Sundays,
and legal holidays as defined in section 1.14 of the Revised Code.
The notice shall state the percentage to be exempted, an estimate
of the true value of the property to be exempted, and the number
of years the property is to be exempted. The board of education,
by resolution adopted by a majority of the board, shall approve or
disapprove the agreement and certify a copy of the resolution to
the legislative authority not later than fourteen days prior to
the date stipulated by the legislative authority as the date upon
which approval of the agreement is to be formally considered by
the legislative authority. The board of education may include in
the resolution conditions under which the board would approve the
agreement, including the execution of an agreement to compensate
the school district under division (B) of section 5709.82 of the
Revised Code. The legislative authority may approve the agreement
at any time after the board of education certifies its resolution
approving the agreement to the legislative authority, or, if the
board approves the agreement conditionally, at any time after the
conditions are agreed to by the board and the legislative
authority.
If a board of education has adopted a resolution waiving its
right to approve agreements and the resolution remains in effect,
approval of an agreement by the board is not required under this
division. If a board of education has adopted a resolution
allowing a legislative authority to deliver the notice required
under this division fewer than forty-five business days prior to
the legislative authority's approval of the agreement, the
legislative authority shall deliver the notice to the board not
later than the number of days prior to such approval as prescribed
by the board in its resolution. If a board of education adopts a
resolution waiving its right to approve agreements or shortening
the notification period, the board shall certify a copy of the
resolution to the legislative authority. If the board of education
rescinds such a resolution, it shall certify notice of the
rescission to the legislative authority.
(4) The legislative authority shall comply with section
5709.83 of the Revised Code unless the board of education has
adopted a resolution under that section waiving its right to
receive such notice.
(E) This division applies to zones certified by the director
of development under this section prior to July 22, 1994.
On or before October 15, 2011 2012, the legislative authority
that designated a zone to which this division applies may enter
into an agreement with an enterprise if the legislative authority
finds that the enterprise satisfies one of the criteria described
in divisions (E)(1) to (5) of this section:
(1) The enterprise currently has no operations in this state
and, subject to approval of the agreement, intends to establish
operations in the zone;
(2) The enterprise currently has operations in this state
and, subject to approval of the agreement, intends to establish
operations at a new location in the zone that would not result in
a reduction in the number of employee positions at any of the
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement,
intends to relocate operations, currently located in another
state, to the zone;
(4) The enterprise, subject to approval of the agreement,
intends to expand operations at an existing site in the zone that
the enterprise currently operates;
(5) The enterprise, subject to approval of the agreement,
intends to relocate operations, currently located in this state,
to the zone, and the director of development has issued a waiver
for the enterprise under division (B) of section 5709.633 of the
Revised Code.
The agreement shall require the enterprise to agree to
establish, expand, renovate, or occupy a facility in the zone and
hire new employees, or preserve employment opportunities for
existing employees, in return for one or more of the incentives
described in division (C) of this section.
(F) All agreements entered into under this section shall be
in the form prescribed under section 5709.631 of the Revised Code.
After an agreement is entered into under this section, if the
legislative authority revokes its designation of a zone, or if the
director of development revokes a zone's certification, any
entitlements granted under the agreement shall continue for the
number of years specified in the agreement.
(G) Except as otherwise provided in this division, an
agreement entered into under this section shall require that the
enterprise pay an annual fee equal to the greater of one per cent
of the dollar value of incentives offered under the agreement or
five hundred dollars; provided, however, that if the value of the
incentives exceeds two hundred fifty thousand dollars, the fee
shall not exceed two thousand five hundred dollars. The fee shall
be payable to the legislative authority once per year for each
year the agreement is effective on the days and in the form
specified in the agreement. Fees paid shall be deposited in a
special fund created for such purpose by the legislative authority
and shall be used by the legislative authority exclusively for the
purpose of complying with section 5709.68 of the Revised Code and
by the tax incentive review council created under section 5709.85
of the Revised Code exclusively for the purposes of performing the
duties prescribed under that section. The legislative authority
may waive or reduce the amount of the fee charged against an
enterprise, but such a waiver or reduction does not affect the
obligations of the legislative authority or the tax incentive
review council to comply with section 5709.68 or 5709.85 of the
Revised Code.
(H) When an agreement is entered into pursuant to this
section, the legislative authority authorizing the agreement shall
forward a copy of the agreement to the director of development and
to the tax commissioner within fifteen days after the agreement is
entered into. If any agreement includes terms not provided for in
section 5709.631 of the Revised Code affecting the revenue of a
city, local, or exempted village school district or causing
revenue to be forgone by the district, including any compensation
to be paid to the school district pursuant to section 5709.82 of
the Revised Code, those terms also shall be forwarded in writing
to the director of development along with the copy of the
agreement forwarded under this division.
(I) After an agreement is entered into, the enterprise shall
file with each personal property tax return required to be filed,
or annual report required to be filed under section 5727.08 of the
Revised Code, while the agreement is in effect, an informational
return, on a form prescribed by the tax commissioner for that
purpose, setting forth separately the property, and related costs
and values, exempted from taxation under the agreement.
(J) Enterprises may agree to give preference to residents of
the zone within which the agreement applies relative to residents
of this state who do not reside in the zone when hiring new
employees under the agreement.
(K) An agreement entered into under this section may include
a provision requiring the enterprise to create one or more
temporary internship positions for students enrolled in a course
of study at a school or other educational institution in the
vicinity, and to create a scholarship or provide another form of
educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the
enterprise at the completion of the internship.
(L) The tax commissioner's authority in determining the
accuracy of any exemption granted by an agreement entered into
under this section is limited to divisions (C)(1)(a) and (b),
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and
divisions (B)(1) to (10) of section 5709.631 of the Revised Code
and, as authorized by law, to enforcing any modification to, or
revocation of, that agreement by the legislative authority of a
municipal corporation or the director of development.
Sec. 5709.63. (A) With the consent of the legislative
authority of each affected municipal corporation or of a board of
township trustees, a board of county commissioners may, in the
manner set forth in section 5709.62 of the Revised Code, designate
one or more areas in one or more municipal corporations or in
unincorporated areas of the county as proposed enterprise zones. A
board of county commissioners may designate no more than one area
within a township, or within adjacent townships, as a proposed
enterprise zone. The board shall petition the director of
development for certification of the area as having the
characteristics set forth in division (A)(1) or (2) of section
5709.61 of the Revised Code as amended by Substitute Senate Bill
No. 19 of the 120th general assembly. Except as otherwise provided
in division (D) of this section, on and after July 1, 1994, boards
of county commissioners shall not enter into agreements under this
section unless the board has petitioned the director and the
director has certified the zone under this section as amended by
that act; however, all agreements entered into under this section
as it existed prior to July 1, 1994, and the incentives granted
under those agreements shall remain in effect for the period
agreed to under those agreements. The director shall make the
determination in the manner provided under section 5709.62 of the
Revised Code.
Any enterprise wishing to enter into an agreement with the
board under division (B) or (D) of this section shall submit a
proposal to the board on the form and accompanied by the
application fee prescribed under division (B) of section 5709.62
of the Revised Code. The enterprise shall review and update the
estimates and listings required by the form in the manner required
under that division. The board may, on a separate form and at any
time, require any additional information necessary to determine
whether an enterprise is in compliance with an agreement and to
collect the information required to be reported under section
5709.68 of the Revised Code.
(B) If the board of county commissioners finds that an
enterprise submitting a proposal is qualified by financial
responsibility and business experience to create and preserve
employment opportunities in the zone and to improve the economic
climate of the municipal corporation or municipal corporations or
the unincorporated areas in which the zone is located and to which
the proposal applies, the board, on or before October 15, 2011
2012, and with the consent of the legislative authority of each
affected municipal corporation or of the board of township
trustees may do either of the following:
(1) Enter into an agreement with the enterprise under which
the enterprise agrees to establish, expand, renovate, or occupy a
facility in the zone and hire new employees, or preserve
employment opportunities for existing employees, in return for the
following incentives:
(a) When the facility is located in a municipal corporation,
the board may enter into an agreement for one or more of the
incentives provided in division (C) of section 5709.62 of the
Revised Code, subject to division (D) of that section;
(b) When the facility is located in an unincorporated area,
the board may enter into an agreement for one or more of the
following incentives:
(i) Exemption for a specified number of years, not to exceed
fifteen, of a specified portion, up to sixty per cent, of the
assessed value of tangible personal property first used in
business at a project site as a result of the agreement. If an
exemption for inventory is specifically granted in the agreement
pursuant to this division, the exemption applies to inventory
required to be listed pursuant to sections 5711.15 and 5711.16 of
the Revised Code, except, in the instance of an expansion or other
situations in which an enterprise was in business at the facility
prior to the establishment of the zone, the inventory that is
exempt is that amount or value of inventory in excess of the
amount or value of inventory required to be listed in the personal
property tax return of the enterprise in the return for the tax
year in which the agreement is entered into.
(ii) Exemption for a specified number of years, not to exceed
fifteen, of a specified portion, up to sixty per cent, of the
increase in the assessed valuation of real property constituting
the project site subsequent to formal approval of the agreement by
the board;
(iii) Provision for a specified number of years, not to
exceed fifteen, of any optional services or assistance the board
is authorized to provide with regard to the project site;
(iv) The incentive described in division (C)(2) of section
5709.62 of the Revised Code.
(2) Enter into an agreement with an enterprise that plans to
purchase and operate a large manufacturing facility that has
ceased operation or has announced its intention to cease
operation, in return for exemption for a specified number of
years, not to exceed fifteen, of a specified portion, up to one
hundred per cent, of tangible personal property used in business
at the project site as a result of the agreement, or of real
property constituting the project site, or both.
(C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of
this section, the portion of the assessed value of tangible
personal property or of the increase in the assessed valuation of
real property exempted from taxation under those divisions may
exceed sixty per cent in any year for which that portion is
exempted if the average percentage exempted for all years in which
the agreement is in effect does not exceed fifty per cent, or if
the board of education of the city, local, or exempted village
school district within the territory of which the property is or
will be located approves a percentage in excess of sixty per cent.
(b) Notwithstanding any provision of the Revised Code to the
contrary, the exemptions described in divisions (B)(1)(b)(i),
(ii), (iii), and (iv) and (B)(2) of this section may be for up to
fifteen years if the board of education of the city, local, or
exempted village school district within the territory of which the
property is or will be located approves a number of years in
excess of ten.
(c) For the purpose of obtaining the approval of a city,
local, or exempted village school district under division
(C)(1)(a) or (b) of this section, the board of county
commissioners shall deliver to the board of education a notice not
later than forty-five days prior to approving the agreement,
excluding Saturdays, Sundays, and legal holidays as defined in
section 1.14 of the Revised Code. The notice shall state the
percentage to be exempted, an estimate of the true value of the
property to be exempted, and the number of years the property is
to be exempted. The board of education, by resolution adopted by a
majority of the board, shall approve or disapprove the agreement
and certify a copy of the resolution to the board of county
commissioners not later than fourteen days prior to the date
stipulated by the board of county commissioners as the date upon
which approval of the agreement is to be formally considered by
the board of county commissioners. The board of education may
include in the resolution conditions under which the board would
approve the agreement, including the execution of an agreement to
compensate the school district under division (B) of section
5709.82 of the Revised Code. The board of county commissioners may
approve the agreement at any time after the board of education
certifies its resolution approving the agreement to the board of
county commissioners, or, if the board of education approves the
agreement conditionally, at any time after the conditions are
agreed to by the board of education and the board of county
commissioners.
If a board of education has adopted a resolution waiving its
right to approve agreements and the resolution remains in effect,
approval of an agreement by the board of education is not required
under division (C) of this section. If a board of education has
adopted a resolution allowing a board of county commissioners to
deliver the notice required under this division fewer than
forty-five business days prior to approval of the agreement by the
board of county commissioners, the board of county commissioners
shall deliver the notice to the board of education not later than
the number of days prior to such approval as prescribed by the
board of education in its resolution. If a board of education
adopts a resolution waiving its right to approve agreements or
shortening the notification period, the board of education shall
certify a copy of the resolution to the board of county
commissioners. If the board of education rescinds such a
resolution, it shall certify notice of the rescission to the board
of county commissioners.
(2) The board of county commissioners shall comply with
section 5709.83 of the Revised Code unless the board of education
has adopted a resolution under that section waiving its right to
receive such notice.
(D) This division applies to zones certified by the director
of development under this section prior to July 22, 1994.
On or before October 15, 2011 2012, and with the consent of
the legislative authority of each affected municipal corporation
or board of township trustees of each affected township, the board
of county commissioners that designated a zone to which this
division applies may enter into an agreement with an enterprise if
the board finds that the enterprise satisfies one of the criteria
described in divisions (D)(1) to (5) of this section:
(1) The enterprise currently has no operations in this state
and, subject to approval of the agreement, intends to establish
operations in the zone;
(2) The enterprise currently has operations in this state
and, subject to approval of the agreement, intends to establish
operations at a new location in the zone that would not result in
a reduction in the number of employee positions at any of the
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement,
intends to relocate operations, currently located in another
state, to the zone;
(4) The enterprise, subject to approval of the agreement,
intends to expand operations at an existing site in the zone that
the enterprise currently operates;
(5) The enterprise, subject to approval of the agreement,
intends to relocate operations, currently located in this state,
to the zone, and the director of development has issued a waiver
for the enterprise under division (B) of section 5709.633 of the
Revised Code.
The agreement shall require the enterprise to agree to
establish, expand, renovate, or occupy a facility in the zone and
hire new employees, or preserve employment opportunities for
existing employees, in return for one or more of the incentives
described in division (B) of this section.
(E) All agreements entered into under this section shall be
in the form prescribed under section 5709.631 of the Revised Code.
After an agreement under this section is entered into, if the
board of county commissioners revokes its designation of a zone,
or if the director of development revokes a zone's certification,
any entitlements granted under the agreement shall continue for
the number of years specified in the agreement.
(F) Except as otherwise provided in this division, an
agreement entered into under this section shall require that the
enterprise pay an annual fee equal to the greater of one per cent
of the dollar value of incentives offered under the agreement or
five hundred dollars; provided, however, that if the value of the
incentives exceeds two hundred fifty thousand dollars, the fee
shall not exceed two thousand five hundred dollars. The fee shall
be payable to the board of county commissioners once per year for
each year the agreement is effective on the days and in the form
specified in the agreement. Fees paid shall be deposited in a
special fund created for such purpose by the board and shall be
used by the board exclusively for the purpose of complying with
section 5709.68 of the Revised Code and by the tax incentive
review council created under section 5709.85 of the Revised Code
exclusively for the purposes of performing the duties prescribed
under that section. The board may waive or reduce the amount of
the fee charged against an enterprise, but such waiver or
reduction does not affect the obligations of the board or the tax
incentive review council to comply with section 5709.68 or 5709.85
of the Revised Code, respectively.
(G) With the approval of the legislative authority of a
municipal corporation or the board of township trustees of a
township in which a zone is designated under division (A) of this
section, the board of county commissioners may delegate to that
legislative authority or board any powers and duties of the board
of county commissioners to negotiate and administer agreements
with regard to that zone under this section.
(H) When an agreement is entered into pursuant to this
section, the board of county commissioners authorizing the
agreement or the legislative authority or board of township
trustees that negotiates and administers the agreement shall
forward a copy of the agreement to the director of development and
to the tax commissioner within fifteen days after the agreement is
entered into. If any agreement includes terms not provided for in
section 5709.631 of the Revised Code affecting the revenue of a
city, local, or exempted village school district or causing
revenue to be foregone by the district, including any compensation
to be paid to the school district pursuant to section 5709.82 of
the Revised Code, those terms also shall be forwarded in writing
to the director of development along with the copy of the
agreement forwarded under this division.
(I) After an agreement is entered into, the enterprise shall
file with each personal property tax return required to be filed,
or annual report that is required to be filed under section
5727.08 of the Revised Code, while the agreement is in effect, an
informational return, on a form prescribed by the tax commissioner
for that purpose, setting forth separately the property, and
related costs and values, exempted from taxation under the
agreement.
(J) Enterprises may agree to give preference to residents of
the zone within which the agreement applies relative to residents
of this state who do not reside in the zone when hiring new
employees under the agreement.
(K) An agreement entered into under this section may include
a provision requiring the enterprise to create one or more
temporary internship positions for students enrolled in a course
of study at a school or other educational institution in the
vicinity, and to create a scholarship or provide another form of
educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the
enterprise at the completion of the internship.
(L) The tax commissioner's authority in determining the
accuracy of any exemption granted by an agreement entered into
under this section is limited to divisions (B)(1)(b)(i) and (ii),
(B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of
this section as it pertains to divisions (C)(2)(a), (b), and (c)
of section 5709.62 of the Revised Code, and divisions (B)(1) to
(10) of section 5709.631 of the Revised Code and, as authorized by
law, to enforcing any modification to, or revocation of, that
agreement by the board of county commissioners or the director of
development or, if the board's powers and duties are delegated
under division (G) of this section, by the legislative authority
of a municipal corporation or board of township trustees.
Sec. 5709.632. (A)(1) The legislative authority of a
municipal corporation defined by the United States office of
management and budget as a principal city of a metropolitan
statistical area may, in the manner set forth in section 5709.62
of the Revised Code, designate one or more areas in the municipal
corporation as a proposed enterprise zone.
(2) With the consent of the legislative authority of each
affected municipal corporation or of a board of township trustees,
a board of county commissioners may, in the manner set forth in
section 5709.62 of the Revised Code, designate one or more areas
in one or more municipal corporations or in unincorporated areas
of the county as proposed urban jobs and enterprise zones, except
that a board of county commissioners may designate no more than
one area within a township, or within adjacent townships, as a
proposed urban jobs and enterprise zone.
(3) The legislative authority or board of county
commissioners may petition the director of development for
certification of the area as having the characteristics set forth
in division (A)(3) of section 5709.61 of the Revised Code. Within
sixty days after receiving such a petition, the director shall
determine whether the area has the characteristics set forth in
that division and forward the findings to the legislative
authority or board of county commissioners. If the director
certifies the area as having those characteristics and thereby
certifies it as a zone, the legislative authority or board may
enter into agreements with enterprises under division (B) of this
section. Any enterprise wishing to enter into an agreement with a
legislative authority or board of county commissioners under this
section and satisfying one of the criteria described in divisions
(B)(1) to (5) of this section shall submit a proposal to the
legislative authority or board on the form prescribed under
division (B) of section 5709.62 of the Revised Code and shall
review and update the estimates and listings required by the form
in the manner required under that division. The legislative
authority or board may, on a separate form and at any time,
require any additional information necessary to determine whether
an enterprise is in compliance with an agreement and to collect
the information required to be reported under section 5709.68 of
the Revised Code.
(B) Prior to entering into an agreement with an enterprise,
the legislative authority or board of county commissioners shall
determine whether the enterprise submitting the proposal is
qualified by financial responsibility and business experience to
create and preserve employment opportunities in the zone and to
improve the economic climate of the municipal corporation or
municipal corporations or the unincorporated areas in which the
zone is located and to which the proposal applies, and whether the
enterprise satisfies one of the following criteria:
(1) The enterprise currently has no operations in this state
and, subject to approval of the agreement, intends to establish
operations in the zone;
(2) The enterprise currently has operations in this state
and, subject to approval of the agreement, intends to establish
operations at a new location in the zone that would not result in
a reduction in the number of employee positions at any of the
enterprise's other locations in this state;
(3) The enterprise, subject to approval of the agreement,
intends to relocate operations, currently located in another
state, to the zone;
(4) The enterprise, subject to approval of the agreement,
intends to expand operations at an existing site in the zone that
the enterprise currently operates;
(5) The enterprise, subject to approval of the agreement,
intends to relocate operations, currently located in this state,
to the zone, and the director of development has issued a waiver
for the enterprise under division (B) of section 5709.633 of the
Revised Code.
(C) If the legislative authority or board determines that the
enterprise is so qualified and satisfies one of the criteria
described in divisions (B)(1) to (5) of this section, the
legislative authority or board may, after complying with section
5709.83 of the Revised Code and on or before October 15, 2011
2012, and, in the case of a board of commissioners, with the
consent of the legislative authority of each affected municipal
corporation or of the board of township trustees, enter into an
agreement with the enterprise under which the enterprise agrees to
establish, expand, renovate, or occupy a facility in the zone and
hire new employees, or preserve employment opportunities for
existing employees, in return for the following incentives:
(1) When the facility is located in a municipal corporation,
a legislative authority or board of commissioners may enter into
an agreement for one or more of the incentives provided in
division (C) of section 5709.62 of the Revised Code, subject to
division (D) of that section;
(2) When the facility is located in an unincorporated area, a
board of commissioners may enter into an agreement for one or more
of the incentives provided in divisions (B)(1)(b), (B)(2), and
(B)(3) of section 5709.63 of the Revised Code, subject to division
(C) of that section.
(D) All agreements entered into under this section shall be
in the form prescribed under section 5709.631 of the Revised Code.
After an agreement under this section is entered into, if the
legislative authority or board of county commissioners revokes its
designation of the zone, or if the director of development revokes
the zone's certification, any entitlements granted under the
agreement shall continue for the number of years specified in the
agreement.
(E) Except as otherwise provided in this division, an
agreement entered into under this section shall require that the
enterprise pay an annual fee equal to the greater of one per cent
of the dollar value of incentives offered under the agreement or
five hundred dollars; provided, however, that if the value of the
incentives exceeds two hundred fifty thousand dollars, the fee
shall not exceed two thousand five hundred dollars. The fee shall
be payable to the legislative authority or board of commissioners
once per year for each year the agreement is effective on the days
and in the form specified in the agreement. Fees paid shall be
deposited in a special fund created for such purpose by the
legislative authority or board and shall be used by the
legislative authority or board exclusively for the purpose of
complying with section 5709.68 of the Revised Code and by the tax
incentive review council created under section 5709.85 of the
Revised Code exclusively for the purposes of performing the duties
prescribed under that section. The legislative authority or board
may waive or reduce the amount of the fee charged against an
enterprise, but such waiver or reduction does not affect the
obligations of the legislative authority or board or the tax
incentive review council to comply with section 5709.68 or 5709.85
of the Revised Code, respectively.
(F) With the approval of the legislative authority of a
municipal corporation or the board of township trustees of a
township in which a zone is designated under division (A)(2) of
this section, the board of county commissioners may delegate to
that legislative authority or board any powers and duties of the
board to negotiate and administer agreements with regard to that
zone under this section.
(G) When an agreement is entered into pursuant to this
section, the legislative authority or board of commissioners
authorizing the agreement shall forward a copy of the agreement to
the director of development and to the tax commissioner within
fifteen days after the agreement is entered into. If any agreement
includes terms not provided for in section 5709.631 of the Revised
Code affecting the revenue of a city, local, or exempted village
school district or causing revenue to be forgone by the district,
including any compensation to be paid to the school district
pursuant to section 5709.82 of the Revised Code, those terms also
shall be forwarded in writing to the director of development along
with the copy of the agreement forwarded under this division.
(H) After an agreement is entered into, the enterprise shall
file with each personal property tax return required to be filed
while the agreement is in effect, an informational return, on a
form prescribed by the tax commissioner for that purpose, setting
forth separately the property, and related costs and values,
exempted from taxation under the agreement.
(I) An agreement entered into under this section may include
a provision requiring the enterprise to create one or more
temporary internship positions for students enrolled in a course
of study at a school or other educational institution in the
vicinity, and to create a scholarship or provide another form of
educational financial assistance for students holding such a
position in exchange for the student's commitment to work for the
enterprise at the completion of the internship.
Sec. 5715.26. (A)(1) Upon receiving the statement required
by section 5715.25 of the Revised Code, the county auditor shall
forthwith add to or deduct from each tract, lot, or parcel of real
property or class of real property the required percentage or
amount of the valuation thereof, adding or deducting any sum less
than five dollars so that the value of any separate tract, lot, or
parcel of real property shall be ten dollars or some multiple
thereof.
(2) After making the additions or deductions required by this
section, the auditor shall transmit to the tax commissioner the
appropriate adjusted abstract of the real property of each taxing
district in the auditor's county in which an adjustment was
required.
(3) If the commissioner increases or decreases the aggregate
value of the real property or any class thereof in any county or
taxing district thereof and does not receive within ninety days
thereafter an adjusted abstract conforming to its statement for
such county or taxing district therein, the commissioner shall
withhold from such county or taxing district therein fifty per
cent of its share in the distribution of state revenues to local
governments pursuant to sections 5747.50 to 5747.55 of the Revised
Code and shall direct the department of education to withhold
therefrom fifty per cent of state revenues to school districts
pursuant to Chapters 3306. and Chapter 3317. of the Revised Code.
The commissioner shall withhold the distribution of such funds
until such county auditor has complied with this division, and the
department shall withhold the distribution of such funds until the
commissioner has notified the department that such county auditor
has complied with this division.
(B)(1) If the commissioner's determination is appealed under
section 5715.251 of the Revised Code, the county auditor,
treasurer, and all other officers shall forthwith proceed with the
levy and collection of the current year's taxes in the manner
prescribed by law. The taxes shall be determined and collected as
if the commissioner had determined under section 5715.24 of the
Revised Code that the real property and the various classes
thereof in the county as shown in the auditor's abstract were
assessed for taxation and the true and agricultural use values
were recorded on the agricultural land tax list as required by
law.
(2) If as a result of the appeal to the board it is finally
determined either that all real property and the various classes
thereof have not been assessed as required by law or that the
values set forth in the agricultural land tax list do not
correctly reflect the true and agricultural use values of the
lands contained therein, the county auditor shall forthwith add to
or deduct from each tract, lot, or parcel of real property or
class of real property the required percentage or amount of the
valuation in accordance with the order of the board or judgment of
the court to which the board's order was appealed, and the taxes
on each tract, lot, or parcel and the percentages required by
section 319.301 of the Revised Code shall be recomputed using the
valuation as finally determined. The order or judgment making the
final determination shall prescribe the time and manner for
collecting, crediting, or refunding the resultant increases or
decreases in taxes.
Sec. 5721.30. As used in sections 5721.30 to 5721.43 of the
Revised Code:
(A) "Tax certificate," "certificate," or "duplicate
certificate" means a document that may be issued as a physical
certificate, in book-entry form, or through an electronic medium,
at the discretion of the county treasurer. Such document shall
contain the information required by section 5721.31 of the Revised
Code and shall be prepared, transferred, or redeemed in the manner
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As
used in those sections, "tax certificate," "certificate," and
"duplicate certificate" do not refer to the delinquent land tax
certificate or the delinquent vacant land tax certificate issued
under section 5721.13 of the Revised Code.
(B) "Certificate parcel" means the parcel of delinquent land
that is the subject of and is described in a tax certificate.
(C) "Certificate holder" means a person, including a county
land reutilization corporation, that purchases or otherwise
acquires a tax certificate under section 5721.32, 5721.33, or
5721.42 of the Revised Code, or a person to whom a tax certificate
has been transferred pursuant to section 5721.36 of the Revised
Code.
(D) "Certificate purchase price" means, with respect to the
sale of tax certificates under sections 5721.32, 5721.33, and
5721.42 of the Revised Code, the amount equal to delinquent taxes
charged against a certificate parcel at the time the tax
certificate respecting that parcel is sold or transferred, not
including any delinquent taxes the lien for which has been
conveyed to a certificate holder through a prior sale of a tax
certificate respecting that parcel. Payment of the certificate
purchase price in a sale under section 5721.33 of the Revised Code
may be made wholly in cash or partially in cash and partially by
noncash consideration acceptable to the county treasurer from the
purchaser, and, in the case of a county land reutilization
corporation, with notes. In the event that any such noncash
consideration is delivered to pay a portion of the certificate
purchase price, such noncash consideration may be subordinate to
the rights of the holders of other obligations whose proceeds paid
the cash portion of the certificate purchase price.
"Certificate purchase price" also includes the amount of the
fee charged by the county treasurer to the purchaser of the
certificate under division (H) of section 5721.32 of the Revised
Code.
(E)(1) With respect to a sale of tax certificates under
section 5721.32 of the Revised Code, and except as provided in
division (E)(2) of this section, "certificate redemption price"
means the certificate purchase price plus the greater of the
following:
(a) Simple interest, at the certificate rate of interest,
accruing during the certificate interest period on the certificate
purchase price, calculated in accordance with section 5721.41 of
the Revised Code;
(b) Six per cent of the certificate purchase price.
(2) If the certificate rate of interest equals zero, the
certificate redemption price equals the certificate purchase price
plus the fee charged by the county treasurer to the purchaser of
the certificate under division (H) of section 5721.32 of the
Revised Code.
(F) With respect to a sale or transfer of tax certificates
under section 5721.33 of the Revised Code, "certificate redemption
price" means the amount equal to the sum of the following:
(1) The certificate purchase price;
(2) Interest accrued on the certificate purchase price at the
certificate rate of interest from the date on which a tax
certificate is delivered through and including the day immediately
preceding the day on which the certificate redemption price is
paid;
(3) The fee, if any, charged by the county treasurer to the
purchaser of the certificate under division (J) of section 5721.33
of the Revised Code;
(4) Any other fees charged by any county office in connection
with the recording of tax certificates.
(G) "Certificate rate of interest" means the rate of simple
interest per year bid by the winning bidder in an auction of a tax
certificate held under section 5721.32 of the Revised Code, or the
rate of simple interest per year not to exceed eighteen per cent
per year fixed pursuant to section 5721.42 of the Revised Code or
by the county treasurer with respect to any tax certificate sold
or transferred pursuant to a negotiated sale under section 5721.33
of the Revised Code. The certificate rate of interest shall not be
less than zero per cent per year.
(H) "Cash" means United States currency, certified checks,
money orders, bank drafts, electronic transfer of funds, or other
forms of payment authorized by the county treasurer, and excludes
any other form of payment not so authorized.
(I) "The date on which a tax certificate is sold or
transferred," "the date the certificate was sold or transferred,"
"the date the certificate is purchased," and any other phrase of
similar content mean, with respect to a sale pursuant to an
auction under section 5721.32 of the Revised Code, the date
designated by the county treasurer for the submission of bids and,
with respect to a negotiated sale or transfer under section
5721.33 of the Revised Code, the date of delivery of the tax
certificates to the purchasers thereof pursuant to a tax
certificate sale/purchase agreement.
(J) "Certificate interest period" means, with respect to a
tax certificate sold under section 5721.32 or 5721.42 of the
Revised Code and for the purpose of accruing interest under
section 5721.41 of the Revised Code, the period beginning on the
date on which the certificate is purchased and, with respect to a
tax certificate sold or transferred under section 5721.33 of the
Revised Code, the period beginning on the date of delivery of the
tax certificate, and in either case ending on one of the following
dates:
(1) The date the certificate holder files a request for
foreclosure or notice of intent to foreclose under division (A) of
section 5721.37 of the Revised Code and submits the payment
required under division (B) of that section;
(2) The date the owner of record of the certificate parcel,
or any other person entitled to redeem that parcel, redeems the
certificate parcel under division (A) or (C) of section 5721.38 of
the Revised Code or redeems the certificate under section 5721.381
of the Revised Code.
(K) "Qualified trustee" means a trust company within the
state or a bank having the power of a trust company within the
state with a combined capital stock, surplus, and undivided
profits of at least one hundred million dollars.
(L) "Tax certificate sale/purchase agreement" means the
purchase and sale agreement described in division (C) of section
5721.33 of the Revised Code setting forth the certificate purchase
price, plus any applicable premium or less any applicable
discount, including, without limitation, the amount to be paid in
cash and the amount and nature of any noncash consideration, the
date of delivery of the tax certificates, and the other terms and
conditions of the sale, including, without limitation, the rate of
interest that the tax certificates shall bear.
(M) "Noncash consideration" means any form of consideration
other than cash, including, but not limited to, promissory notes
whether subordinate or otherwise.
(N) "Private attorney" means any attorney licensed to
practice law in this state whose license has not been revoked and
is not currently suspended, and who is retained to bring
foreclosure proceedings pursuant to section 5721.37 of the Revised
Code on behalf of a certificate holder.
(O) "Related certificate parcel" means, with respect to a
certificate holder, the certificate parcel with respect to which
the certificate holder has purchased and holds a tax certificate
pursuant to sections 5721.30 to 5721.43 of the Revised Code and,
with respect to a tax certificate, the certificate parcel against
which the tax certificate has been sold pursuant to those
sections.
(P) "Delinquent taxes" means delinquent taxes as defined in
section 323.01 of the Revised Code and includes assessments and
charges, and penalties and interest computed under section 323.121
of the Revised Code.
(Q) "Certificate period" means the period of time after the
sale or delivery of a tax certificate within which a certificate
holder must initiate an action to foreclose the tax lien
represented by the certificate as specified under division (A) of
section 5721.32 of the Revised Code or as negotiated under section
5721.33 of the Revised Code.
Sec. 5721.31. (A)(1) After receipt of a duplicate of the
delinquent land list compiled under section 5721.011 of the
Revised Code, or a delinquent land list compiled previously under
that section, the county treasurer may select from the list
parcels of delinquent land the lien against which the county
treasurer may attempt to transfer by the sale of tax certificates
under sections 5721.30 to 5721.43 of the Revised Code. None of the
following parcels may be selected for a tax certificate sale:
(a) A parcel for which the full amount of taxes, assessments,
penalties, interest, and charges have been paid;
(b) A parcel for which a valid contract under section
323.122, 323.31, or 5713.20 of the Revised Code is in force;
(c) A parcel the owner of which has filed a petition in
bankruptcy, so long as the parcel is property of the bankruptcy
estate.
(2) The county treasurer shall compile a separate list of
parcels selected for tax certificate sales, including the same
information as is required to be included in the delinquent land
list.
Upon compiling the list of parcels selected for tax
certificate sales, the county treasurer may conduct a title search
for any parcel on the list.
(B)(1) Except as otherwise provided in division (B)(3) of
this section, when tax certificates are to be sold under section
5721.32 of the Revised Code with respect to parcels, the county
treasurer shall send written notice by certified mail to either
the owner of record or all interested parties discoverable through
a title search, or both, of each parcel on the list. A notice to
an owner shall be sent to the owner's last known tax-mailing
address. The notice shall inform the owner or interested parties
that a tax certificate will be offered for sale on the parcel, and
that the owner or interested parties may incur additional expenses
as a result of the sale.
(2) Except as otherwise provided in division (B)(3) of this
section, when tax certificates are to be sold or transferred under
section 5721.33 of the Revised Code with respect to parcels, the
county treasurer, at least thirty days prior to the date of sale
or transfer of such tax certificates, shall send written notice of
the sale or transfer by certified mail to the last known
tax-mailing address of the record owner of the property or parcel
and may send such notice to all parties with an interest in the
property that has been recorded in the property records of the
county pursuant to section 317.08 of the Revised Code. The notice
shall state that a tax certificate will be offered for sale or
transfer on the parcel, and that the owner or interested parties
may incur additional expenses as a result of the sale or transfer.
(3) The county treasurer is not required to send a notice
under division (B)(1) or (B)(2) of this section if the treasurer
previously has attempted to send such notice to the owner of the
parcel and the notice has been returned by the post office as
undeliverable. The absence of a valid tax-mailing address for the
owner of a parcel does not preclude the county treasurer from
selling or transferring a tax certificate for the parcel.
(C) The county treasurer shall advertise the sale of tax
certificates under section 5721.32 of the Revised Code in an
electronic format, or in a newspaper of general circulation in the
county, once a week for two consecutive weeks. The advertisement
shall include the date, the time, and the place of the public
auction, abbreviated legal descriptions of the parcels, and the
names of the owners of record of the parcels. The advertisement
also shall include the certificate purchase prices of the parcels
or the total purchase price of tax certificates for sale in blocks
of tax certificates.
(D) After the county treasurer has compiled the list of
parcels selected for tax certificate sales but before a tax
certificate respecting a parcel is sold or transferred, if the
owner of record of the parcel pays to the county treasurer in cash
the delinquent taxes respecting the parcel or otherwise acts so
that any condition in division (A)(1)(a), (b), or (c) of this
section applies to the parcel, the owner of record of the parcel
also shall pay a fee in an amount prescribed by the treasurer to
cover the administrative costs of the treasurer under this section
respecting the parcel. The fee shall be deposited in the county
treasury to the credit of the tax certificate administration fund.
(E) A tax certificate administration fund shall be created in
the county treasury of each county selling tax certificates under
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be
administered by the county treasurer, and used solely for the
purposes of sections 5721.30 to 5721.43 of the Revised Code or as
otherwise permitted in this division. Any fee received by the
treasurer under sections 5721.30 to 5721.43 of the Revised Code
shall be credited to the fund, except the bidder registration fee
under division (B) of section 5721.32 of the Revised Code and the
county prosecuting attorney's fee under division (B)(3) of section
5721.37 of the Revised Code. To the extent there is a surplus in
the fund from time to time, the surplus may, with the approval of
the county treasurer, be utilized for the purposes of a county
land reutilization corporation operating in the county.
(F) The county treasurers of more than one county may jointly
conduct a regional sale of tax certificates under section 5721.32
of the Revised Code. A regional sale shall be held at a single
location in one county, where the tax certificates from each of
the participating counties shall be offered for sale at public
auction. Before the regional sale, each county treasurer shall
advertise the sale for the parcels in the treasurer's county as
required by division (C) of this section. At the regional sale,
tax certificates shall be sold on parcels from one county at a
time, with all of the certificates for one county offered for sale
before any certificates for the next county are offered for sale.
(G) The tax commissioner shall prescribe the form of the tax
certificate under this section, and county treasurers shall use
the form so prescribed.
Sec. 5721.32. (A) The sale of tax certificates by public
auction may be conducted at any time after completion of the
advertising of the sale under section 5721.31 of the Revised Code,
on the date and at the time and place designated in the
advertisements, and may be continued from time to time as the
county treasurer directs. The county treasurer may offer the tax
certificates for sale in blocks of tax certificates, consisting of
any number of tax certificates as determined by the county
treasurer, and may specify a certificate period of not less than
three years and not more than six years.
(B)(1) The sale of tax certificates under this section shall
be conducted at a public auction by the county treasurer or a
designee of the county treasurer.
(2) No person shall be permitted to bid without completing a
bidder registration form, in the form prescribed by the tax
commissioner, and without filing the form with the county
treasurer prior to the start of the auction, together with
remittance of a registration fee, in cash, of five hundred
dollars. The bidder registration form shall include a tax
identification number of the registrant. The registration fee is
refundable at the end of bidding on the day of the auction, unless
the registrant is the winning bidder for one or more tax
certificates or one or more blocks of tax certificates, in which
case the fee may be applied toward the deposit required by this
section.
(3) The county treasurer may require a person who wishes to
bid on one or more parcels to submit a letter from a financial
institution stating that the bidder has sufficient funds available
to pay the purchase price of the parcels and a written
authorization for the treasurer to verify such information with
the financial institution. The county treasurer may require
submission of the letter and authorization sufficiently in advance
of the auction to allow for verification. No person who fails to
submit the required letter and authorization, or whose financial
institution fails to provide the requested verification, shall be
permitted to bid.
(C) At the public auction, the county treasurer or the
treasurer's designee or agent shall begin the bidding at eighteen
per cent per year simple interest, and accept lower bids in even
increments of one-fourth of one per cent to the rate of zero per
cent. The county treasurer, designee, or agent shall award the tax
certificate to the person bidding the lowest certificate rate of
interest. The county treasurer shall decide which person is the
winning bidder in the event of a tie for the lowest bid offered,
or if a person contests the lowest bid offered. The county
treasurer's decision is not appealable.
(D)(1) The winning bidder shall pay the county treasurer a
cash deposit of at least ten per cent of the certificate purchase
price not later than the close of business on the day of the sale.
The winning bidder shall pay the balance and the fee required
under division (H) of this section not later than five business
days after the day on which the certificate is sold. Except as
provided under division (D)(2) of this section, if the winning
bidder fails to pay the balance and fee within the prescribed
time, the bidder forfeits the deposit, and the county treasurer
shall retain the tax certificate and may attempt to sell it at any
auction conducted at a later date.
(2) At the request of a winning bidder, the county treasurer
may release the bidder from the bidder's tax certificate purchase
obligation. The county treasurer may retain all or any portion of
the deposit of a bidder granted a release. After granting a
release under this division, the county treasurer may award the
tax certificate to the person that submitted the second lowest bid
at the auction.
(3) The county treasurer shall deposit the deposit forfeited
or retained under divisions (D)(1) or (2) of this section in the
county treasury to the credit of the tax certificate
administration fund.
(E) Upon receipt of the full payment of the certificate
purchase price from the purchaser, the county treasurer shall
issue the tax certificate and record the tax certificate sale by
entering into a tax certificate register the certificate purchase
price, the certificate rate of interest, the date the certificate
was sold, the certificate period, the name and address of the
certificate holder, and any other information the county treasurer
considers necessary. The county treasurer may keep the tax
certificate register in a hard-copy format or in an electronic
format. The name and address of the certificate holder may be,
upon receipt of instructions from the purchaser, that of the
secured party of the actual purchaser, or an agent or custodian
for the purchaser or secured party. The county treasurer also
shall transfer the tax certificate to the certificate holder. The
county treasurer shall apportion the part of the proceeds from the
sale representing taxes, penalties, and interest among the several
taxing districts in the same proportion that the amount of taxes
levied by each district against the certificate parcel in the
preceding tax year bears to the taxes levied by all such districts
against the certificate parcel in the preceding tax year, and
credit the part of the proceeds representing assessments and other
charges to the items of assessments and charges in the order in
which those items became due. Upon issuing a tax certificate, the
delinquent taxes that make up the certificate purchase price are
transferred, and the superior lien of the state and its taxing
districts for those delinquent taxes is conveyed intact to the
certificate holder.
(F) If a tax certificate is offered for sale under this
section but is not sold, the county treasurer may sell the
certificate in a negotiated sale authorized under section 5721.33
of the Revised Code, or may strike the corresponding certificate
parcel from the list of parcels selected for tax certificate
sales. The lien for taxes, assessments, charges, penalties, and
interest against a parcel stricken from the list thereafter may be
foreclosed in the manner prescribed by section 323.25, sections
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised
Code unless, prior to the institution of such proceedings against
the parcel, the county treasurer restores the parcel to the list
of parcels selected for tax certificate sales.
(G) A certificate holder shall not be liable for damages
arising from a violation of sections 3737.87 to 3737.891 or
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or
6111. of the Revised Code, or a rule adopted or order, permit,
license, variance, or plan approval issued under any of those
chapters, that is or was committed by another person in connection
with the parcel for which the tax certificate is held.
(H) When selling a tax certificate under this section, the
county treasurer shall charge a fee to the purchaser of the
certificate. The county treasurer shall set the fee at a
reasonable amount that covers the treasurer's costs of
administering the sale of the tax certificate. The county
treasurer shall deposit the fee in the county treasury to the
credit of the tax certificate administration fund.
(I) After selling a tax certificate under this section, the
county treasurer shall send written notice by certified mail to
the owner of the certificate parcel at the owner's last known
tax-mailing address. The notice shall inform the owner that the
tax certificate was sold, shall describe the owner's options to
redeem the parcel, including entering into a redemption payment
plan under division (C)(1) of section 5721.38 of the Revised Code,
and shall name the certificate holder and its secured party, if
any. However, the county treasurer is not required to send a
notice under this division if the treasurer previously has
attempted to send a notice to the owner of the parcel at the
owner's last known tax-mailing address, and the postal service has
returned the notice as undeliverable.
(J) A tax certificate shall not be sold to the owner of the
certificate parcel.
Sec. 5721.37. (A)(1)
Division (A)(1) of this section
applies to tax certificates purchased under section 5721.32 of the
Revised Code, or under section 5721.42 of the Revised Code by the
holder of a certificate issued under section 5721.32 of the
Revised Code. At any time after one year from the date shown on
the tax certificate as the date the tax certificate was sold, and
not later than six years after that date the end of the
certificate period, a certificate holder, except for a county land
reutilization corporation, may file with the county treasurer a
request for foreclosure, or a private attorney on behalf of the
certificate holder may file with the county treasurer a notice of
intent to foreclose, on a form prescribed by the tax commissioner,
provided the certificate parcel has not been redeemed under
division (A) or (C) of section 5721.38 of the Revised Code and at
least one certificate respecting the certificate parcel, held by
the certificate holder filing the request for foreclosure or
notice of intent to foreclose and eligible to be enforced through
a foreclosure proceeding, has not been voided under section
5721.381 of the Revised Code. If the certificate holder is a
county land reutilization corporation, the corporation may
institute a foreclosure action under the statutes pertaining to
the foreclosure of mortgages or as permitted under sections 323.65
to 323.79 of the Revised Code at any time after it acquires the
tax certificate.
(2) Division (A)(2) of this section applies to tax
certificates purchased under section 5721.33 of the Revised Code
or under section 5721.42 of the Revised Code by the holder of a
certificate issued under section 5721.33 of the Revised Code. At
any time after one year from the date shown on the tax certificate
as the date the tax certificate was sold, and not later than six
years after that date or any extension of that date pursuant to
division (C)(2) of section 5721.38 of the Revised Code, or not
earlier or later than the dates negotiated by the county treasurer
and specified in the tax certificate sale/purchase agreement, the
certificate holder may file with the county treasurer a request
for foreclosure, or a private attorney on behalf of a certificate
holder other than a county land reutilization corporation may file
with the county treasurer a notice of intent to foreclose, on a
form prescribed by the tax commissioner, provided the parcel has
not been redeemed under division (A) or (C) of section 5721.38 of
the Revised Code and at least one certificate respecting the
certificate parcel, held by the certificate holder filing the
request for foreclosure or notice of intent to foreclose and
eligible to be enforced through a foreclosure proceeding, has not
been voided under section 5721.381 of the Revised Code. If the
certificate holder is a county land reutilization corporation, the
corporation may institute a foreclosure action under the statutes
pertaining to the foreclosure of mortgages or as permitted under
sections 323.65 to 323.79 of the Revised Code at any time after it
acquires the tax certificate.
(3)(a) Division (A)(3)(a) of this section applies to a tax
certificate purchased under section 5721.32 of the Revised Code,
or under section 5721.42 of the Revised Code by the holder of a
certificate issued under section 5721.32 of the Revised Code, and
not held by a county land reutilization corporation. If, before
the expiration of six years after the date a tax certificate was
sold, the owner of the property for which the certificate was sold
files a petition in bankruptcy, the county treasurer, upon being
notified of the filing of the petition, shall notify the
certificate holder by ordinary first-class or certified mail or by
binary means of the filing of the petition. It is the obligation
of the certificate holder to file a proof of claim with the
bankruptcy court to protect the holder's interest in the
certificate parcel. The last day on which the certificate holder
may file a request for foreclosure or the private attorney may
file a notice of intent to foreclose is the later of six years
after the date the certificate was sold or one hundred eighty days
after the certificate parcel is no longer property of the
bankruptcy estate; however, the six-year period measured from the
date the certificate was sold is tolled while the property owner's
bankruptcy case remains open.
(b) Division (A)(3)(b) of this section applies to a tax
certificate purchased under section 5721.33 of the Revised Code,
or under section 5721.42 of the Revised Code by the holder of a
certificate issued under section 5721.33 of the Revised Code, and
not held by a county land reutilization corporation. If, before
six years after the date a tax certificate was sold or before the
date negotiated by the county treasurer If, before the expiration
of the certificate period, the owner of the property files a
petition in bankruptcy, the county treasurer, upon being notified
of the filing of the petition, shall notify the certificate holder
by ordinary first-class or certified mail or by binary means of
the filing of the petition. It is the obligation of the
certificate holder to file a proof of claim with the bankruptcy
court to protect the holder's interest in the certificate parcel.
The last day on which the certificate holder may file a request
for foreclosure or a notice of intent to foreclose is the later of
six years after the date the tax certificate was sold or the date
negotiated by the county treasurer, the expiration of the
certificate period or one hundred eighty days after the
certificate parcel is no longer property of the bankruptcy estate;
however, the six-year or negotiated period being measured after
the date the certificate was sold certificate period is tolled
while the property owner's bankruptcy case remains open. If the
certificate holder is a county land reutilization corporation, the
corporation may institute a foreclosure action under the statutes
pertaining to the foreclosure of mortgages or as permitted under
sections 323.65 to 323.79 of the Revised Code at any time after it
acquires such tax certificate, subject to any restrictions under
such bankruptcy law or proceeding.
(c) Interest at the certificate rate of interest continues to
accrue during any extension of time required by division (A)(3)(a)
or (b)(A)(2) of this section unless otherwise provided under Title
11 of the United States Code.
(4)(3) If, before the expiration of three years from the date
a tax certificate was sold, the owner of property for which the
certificate was sold applies for an exemption under section
3735.67 or 5715.27 of the Revised Code or under any other section
of the Revised Code under the jurisdiction of the director of
environmental protection, the county treasurer shall notify the
certificate holder by ordinary first-class or certified mail or by
binary means of the filing of the application. Once a
determination has been made on the exemption application, the
county treasurer shall notify the certificate holder of the
determination by ordinary first-class or certified mail or by
binary means. Except with respect to a county land reutilization
corporation, the last day on which the certificate holder may file
a request for foreclosure shall be the later of three years from
the date the certificate was sold or forty-five days after notice
of the determination was provided.
(B) When a request for foreclosure or a notice of intent to
foreclose is filed under division (A)(1) or (2) of this section,
the certificate holder shall submit a payment to the county
treasurer equal to the sum of the following:
(1) The certificate redemption prices of all outstanding tax
certificates that have been sold on the parcel, other than tax
certificates held by the person requesting foreclosure;
(2) Any taxes, assessments, penalties, interest, and charges
appearing on the tax duplicate charged against the certificate
parcel that is the subject of the foreclosure proceedings and that
are not covered by a tax certificate, but such amounts are not
payable if the certificate holder is a county land reutilization
corporation;
(3) If the foreclosure proceedings are filed by the county
prosecuting attorney pursuant to section 323.25, sections 323.65
to 323.79, or section 5721.14 or 5721.18 of the Revised Code, a
fee in the amount prescribed by the county prosecuting attorney to
cover the prosecuting attorney's legal costs incurred in the
foreclosure proceeding.
(C)(1) With respect to a certificate purchased under section
5721.32, 5721.33, or 5721.42 of the Revised Code, if the
certificate parcel has not been redeemed and at least one
certificate respecting the certificate parcel, held by the
certificate holder filing the request for foreclosure and eligible
to be enforced through a foreclosure proceeding, has not been
voided under section 5721.381 of the Revised Code, the county
treasurer, within five days after receiving a foreclosure request
and the payment required under division (B) of this section, shall
certify notice to that effect to the county prosecuting attorney
and shall provide a copy of the foreclosure request. The county
treasurer also shall send notice by ordinary first class or
certified mail to all certificate holders other than the
certificate holder requesting foreclosure that foreclosure has
been requested by a certificate holder and that payment for the
tax certificates is forthcoming. Within ninety days of receiving
the copy of the foreclosure request, the prosecuting attorney
shall commence a foreclosure proceeding in the name of the county
treasurer in the manner provided under section 323.25, sections
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised
Code, to enforce the lien vested in the certificate holder by the
certificate. The prosecuting attorney shall attach to the
complaint the foreclosure request and the county treasurer's
written certification.
(2) With respect to a certificate purchased under section
5721.32, 5721.33, or 5721.42 of the Revised Code, if the
certificate parcel has not been redeemed, at least one certificate
respecting the certificate parcel, held by the certificate holder
filing the notice of intent to foreclose and eligible to be
enforced through a foreclosure proceeding, has not been voided
under section 5721.381 of the Revised Code, a notice of intent to
foreclose has been filed, and the payment required under division
(B) of this section has been made, the county treasurer shall
certify notice to that effect to the private attorney. The county
treasurer also shall send notice by ordinary first class or
certified mail or by binary means to all certificate holders other
than the certificate holder represented by the attorney that a
notice of intent to foreclose has been filed and that payment for
the tax certificates is forthcoming. After receipt of the
treasurer's certification and not later than one hundred twenty
days after the filing of the intent to foreclose or the number of
days specified under the terms of a negotiated sale under section
5721.33 of the Revised Code, the private attorney shall commence a
foreclosure proceeding in the name of the certificate holder in
the manner provided under division (F) of this section to enforce
the lien vested in the certificate holder by the certificate. The
private attorney shall attach to the complaint the notice of
intent to foreclose and the county treasurer's written
certification.
(D) The county treasurer shall credit the amount received
under division (B)(1) of this section to the tax certificate
redemption fund. The tax certificates respecting the payment shall
be paid as provided in division (D) of section 5721.38 of the
Revised Code. The amount received under division (B)(2) of this
section shall be distributed to the taxing districts to which the
delinquent and unpaid amounts are owed. The county treasurer shall
deposit the fee received under division (B)(3) of this section in
the county treasury to the credit of the delinquent tax and
assessment collection fund.
(E)(1)(a) Except with respect to a county land reutilization
corporation, if, in the case of a certificate purchased under
section 5721.32 of the Revised Code, or under section 5721.42 of
the Revised Code by the holder of a certificate issued under
section 5721.32 of the Revised Code, the certificate holder does
not file with the county treasurer a request for foreclosure or a
notice of intent to foreclose with the required payment within six
years after the date shown on the tax certificate as the date the
certificate was sold or within the period provided under division
(A)(3)(a) of this section, and during that time the certificate
has not been voided under section 5721.381 of the Revised Code and
the parcel has not been redeemed or foreclosed upon, the
certificate holder's lien against the parcel is canceled, and the
certificate is voided, subject to division (E)(1)(b) of this
section.
(b) In the case of any tax certificate purchased under
section 5721.32 of the Revised Code or under section 5721.42 of
the Revised Code by the holder of a certificate issued under
section 5721.32 of the Revised Code prior to June 24, 2008, the
county treasurer, upon application by the certificate holder, may
sell to the certificate holder a new certificate extending the
three-year period prescribed by division (E)(1) of this section,
as that division existed prior to that date, to six years after
the date shown on the original certificate as the date it was sold
or any extension of that date.
(2)(a) Except with respect to a county land reutilization
corporation, if, in the case of a certificate purchased under
section 5721.33 of the Revised Code, or under section 5721.42 of
the Revised Code by the holder of a certificate issued under
section 5721.33 of the Revised Code, the certificate holder does
not file with the county treasurer a request for foreclosure or a
notice of intent to foreclose with respect to a certificate parcel
with the required payment within six years after the date shown on
the tax certificate as the date the certificate was sold the
certificate period or any extension of that date period pursuant
to division (C)(2) of section 5721.38 of the Revised Code, or
within the period provided under division (A)(3)(b)(A)(2) of this
section or as specified under the terms of a negotiated sale under
section 5721.33 of the Revised Code, and during that time the
certificate has not been voided under section 5721.381 of the
Revised Code and the certificate parcel has not been redeemed or
foreclosed upon, the certificate holder's lien against the parcel
is canceled and the certificate is voided, subject to division
(E)(2)(b)(E)(1) of this section.
(b)(2) In the case of any tax certificate purchased under
section
5721.33 5721.32 of the Revised Code or under section
5721.42 of the Revised Code by the holder of a certificate issued
under section 5721.32 of the Revised Code prior to
October 10,
2000 June 24, 2008, the county treasurer, upon application by the
certificate holder, may sell to the certificate holder a new
certificate extending the three-year period prescribed by division
(E)(2)(E)(1) of this section, as that division existed prior to
October 10, 2000 that date, to six years after the date shown on
the original certificate as the date it was sold or any extension
of that date.
(3) The county treasurer and the certificate holder shall
negotiate the premium, in cash, to be paid for a new certificate
sold under division (E)(1)(b) or (2)(b)(E)(2) of this section. If
the county treasurer and certificate holder do not negotiate a
mutually acceptable premium, the county treasurer and certificate
holder may agree to engage a person experienced in the valuation
of financial assets to appraise a fair premium for the new
certificate. The certificate holder has the option to purchase the
new certificate for the fair premium so appraised. Not less than
one-half of the fee of the person so engaged shall be paid by the
certificate holder requesting the new certificate; the remainder
of the fee shall be paid from the proceeds of the sale of the new
certificate. If the certificate holder does not purchase the new
certificate for the premium so appraised, the certificate holder
shall pay the entire fee. The county treasurer shall credit the
remaining proceeds from the sale to the items of taxes,
assessments, penalties, interest, and charges in the order in
which they became due.
(4) A certificate issued under division (E)(1)(b) or
(2)(b)(E)(2) of this section vests in the certificate holder and
its secured party, if any, the same rights, interests, privileges,
and immunities as are vested by the original certificate under
sections 5721.30 to 5721.43 of the Revised Code. The certificate
shall be issued in the same form as the form prescribed for the
original certificate issued except for any modifications
necessary, in the county treasurer's discretion, to reflect the
extension under this division of the certificate holder's lien to
six years after the date shown on the original certificate as the
date it was sold or any extension of that date. The certificate
holder may record a certificate issued under division
(E)(1)(b) or
(2)(b)(E)(2) of this section or memorandum thereof as provided in
division (B) of section 5721.35 of the Revised Code, and the
county recorder shall index the certificate and record any
subsequent cancellation of the lien as provided in that section.
The sale of a certificate extending the lien under division
(E)(1)(b) or (2)(b)(E)(2) of this section does not impair the
right of redemption of the owner of record of the certificate
parcel or of any other person entitled to redeem the property.
(5)(3) If the holder of a certificate purchased under section
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice
of intent to foreclose to the county treasurer but fails to file a
foreclosure action in a court of competent jurisdiction within the
time specified in division (C)(2) of this section, the liens
represented by all tax certificates respecting the certificate
parcel held by that certificate holder, and for which the deadline
for filing a notice of intent to foreclose has passed, are
canceled and the certificates voided, and the certificate holder
forfeits the payment of the amounts described in division (B)(2)
of this section.
(F) With respect to tax certificates purchased under section
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the
delivery to the private attorney by the county treasurer of the
certification provided for under division (C)(2) of this section,
the private attorney shall institute a foreclosure proceeding
under this division in the name of the certificate holder to
enforce the holder's lien, in any court or board of revision with
jurisdiction, unless the certificate redemption price is paid
prior to the time a complaint is filed. The attorney shall
prosecute the proceeding to final judgment and satisfaction,
whether through sale of the property or the vesting of title and
possession in the certificate holder or other disposition under
sections 323.65 to 323.79 of the Revised Code or as may otherwise
be provided by law.
The foreclosure proceedings under this division, except as
otherwise provided in this division, shall be instituted and
prosecuted in the same manner as is provided by law for the
foreclosure of mortgages on land, except that, if service by
publication is necessary, such publication shall be made once a
week for three consecutive weeks and the service shall be complete
at the expiration of three weeks after the date of the first
publication.
Any notice given under this division shall include the name
of the owner of the parcel as last set forth in the records of the
county recorder, the owner's last known mailing address, the
address of the subject parcel if different from that of the owner,
and a complete legal description of the subject parcel. In any
county that has adopted a permanent parcel number system, such
notice may include the permanent parcel number in addition to a
complete legal description.
It is sufficient, having been made a proper party to the
foreclosure proceeding, for the certificate holder to allege in
such holder's complaint that the tax certificate has been duly
purchased by the certificate holder, that the certificate
redemption price is due and unpaid, that there is a lien against
the property described in the tax certificate, and, if applicable,
that the certificate holder desires to invoke the alternative
redemption period prescribed in sections 323.65 to 323.79 of the
Revised Code, without setting forth in such holder's complaint any
other special matter relating to the foreclosure proceeding. The
complaint shall pray for an order directing the sheriff, or the
bailiff if the complaint is filed in municipal court, to offer the
property for sale in the manner provided in section 5721.19 of the
Revised Code or otherwise transferred according to any applicable
procedures provided in sections 323.65 to 323.79 of the Revised
Code, unless the complaint documents that the county auditor has
determined that the true value of the certificate parcel is less
than the certificate purchase price. In that case, the prayer of
the complaint shall request that fee simple title to the property
be transferred to and vested in the certificate holder free and
clear of all subordinate liens.
In the foreclosure proceeding, the certificate holder may
join in one action any number of tax certificates relating to the
same owner. However, the decree for each tax certificate shall be
rendered separately and any proceeding may be severed, in the
discretion of the court or board of revision, for the purpose of
trial or appeal. Except as may otherwise be provided in sections
323.65 to 323.79 of the Revised Code, upon confirmation of sale,
the court or board of revision shall order payment of all costs
related directly or indirectly to the tax certificate, including,
without limitation, attorney's fees of the holder's attorney in
accordance with section 5721.371 of the Revised Code. The tax
certificate purchased by the certificate holder is presumptive
evidence in all courts and boards of revision and in all
proceedings, including, without limitation, at the trial of the
foreclosure action, of the amount and validity of the taxes,
assessments, charges, penalties by the court and added to such
principal amount, and interest appearing due and unpaid and of
their nonpayment.
(G) If a parcel is sold under this section, the officer who
conducted the sale shall collect the recording fee from the
purchaser at the time of the sale and, following confirmation of
the sale, shall prepare and record the deed conveying the title to
the parcel to the purchaser.
Sec. 5721.38. (A) At any time prior to payment to the county
treasurer by the certificate holder to initiate foreclosure
proceedings under division (B) of section 5721.37 of the Revised
Code, the owner of record of the certificate parcel, or any other
person entitled to redeem that parcel, may redeem the parcel by
paying to the county treasurer an amount equal to the total of the
certificate redemption prices of all tax certificates respecting
that parcel.
(B) At any time after payment to the county treasurer by the
certificate holder to initiate foreclosure proceedings under
section 5721.37 of the Revised Code, and before the filing of the
entry of confirmation of sale of a certificate parcel, or the
expiration of the alternative redemption period defined in section
323.65 of the Revised Code under foreclosure proceedings filed by
the county prosecuting attorney, and before the decree conveying
title to the certificate holder is rendered as provided for in
division (F) of section 5721.37 of the Revised Code, the owner of
record of the certificate parcel or any other person entitled to
redeem that parcel may redeem the parcel by paying to the county
treasurer the sum of the following amounts:
(1) The amount described in division (A) of this section;
(2) Interest on the certificate purchase price for each tax
certificate sold respecting the parcel at the rate of eighteen per
cent per year for the period beginning on the day on which the
payment was submitted by the certificate holder and ending on the
day the parcel is redeemed under this division;
(3) An amount equal to the sum of the county prosecuting
attorney's fee under division (B)(3) of section 5721.37 of the
Revised Code plus interest on that amount at the rate of eighteen
per cent per year beginning on the day on which the payment was
submitted by the certificate holder and ending on the day the
parcel is redeemed under this division. If the parcel is redeemed
before the complaint has been filed, the prosecuting attorney
shall adjust the fee to reflect services performed to the date of
redemption, and the county treasurer shall calculate the interest
based on the adjusted fee and refund any excess fee to the
certificate holder.
(4) Reasonable attorney's fees in accordance with section
5721.371 of the Revised Code if the certificate holder retained a
private attorney to foreclose the lien;
(5) Any other costs and fees of the proceeding allocable to
the certificate parcel as determined by the court or board of
revision.
The county treasurer may collect the total amount due under
divisions (B)(1) to (5) of this section in the form of guaranteed
funds acceptable to the treasurer. Immediately upon receipt of
such payments, the county treasurer shall reimburse the
certificate holder who initiated foreclosure proceedings as
provided in division (D) of this section. The county treasurer
shall pay the certificate holder interest at the rate of eighteen
per cent per year on amounts paid under divisions (B)(2) and (3)
of section 5721.37 of the Revised Code, beginning on the day the
certificate holder paid the amounts under those divisions and
ending on the day the parcel is redeemed under this section.
(C)(1) During the period beginning on the date a tax
certificate is sold under section 5721.32 of the Revised Code and
ending one year from that date, the county treasurer may enter
into a redemption payment plan with the owner of record of the
certificate parcel or any other person entitled to redeem that
parcel. The plan shall require the owner or other person to pay
the certificate redemption price for the tax certificate in
installments, with the final installment due no later than one
year after the date the tax certificate is sold. The certificate
holder may at any time, by written notice to the county treasurer,
agree to accept installments collected to the date of notice as
payment in full. Receipt of such notice by the treasurer shall
constitute satisfaction of the payment plan and redemption of the
tax certificate.
(2) During the period beginning on the date a tax certificate
is sold under section 5721.33 of the Revised Code and ending on
the date the decree is rendered on the foreclosure proceeding
under division (F) of section 5721.37 of the Revised Code, the
owner of record of the certificate parcel, or any other person
entitled to redeem that parcel, may enter into a redemption
payment plan with the certificate holder and all secured parties
of the certificate holder. The plan shall require the owner or
other person to pay the certificate redemption price for the tax
certificate, an administrative fee not to exceed one hundred
dollars per year, and the actual fees and costs incurred, in
installments, with the final installment due no later than
six
years after the date the tax certificate is sold the expiration of
the certificate period. The certificate holder shall give written
notice of the plan to the applicable county treasurer within sixty
days after entering into the plan and written notice of default
under the plan within ninety days after the default. If such a
plan is entered into, the time period for filing a request for
foreclosure or a notice of intent to foreclose under section
5721.37 of the Revised Code is extended by the length of time the
plan is in effect and not in default.
(D)(1) Immediately upon receipt of full payment under
division (A) or (B) of this section, the county treasurer shall
make an entry to that effect in the tax certificate register,
credit the payment to the tax certificate redemption fund created
in the county treasury, and shall notify the certificate holder or
holders by ordinary first class or certified mail or by binary
means that the parcel has been redeemed and the lien or liens
canceled, and that payment on the certificate or certificates is
forthcoming. The treasurer shall pay the tax certificate holder or
holders promptly.
The county treasurer shall administer the tax certificate
redemption fund for the purpose of redeeming tax certificates.
Interest earned on the fund shall be credited to the county
general fund. If the county has established a county land
reutilization corporation, the county treasurer may apply interest
earned on the fund to the payment of the expenses of such
corporation.
(2) If a redemption payment plan is entered into pursuant to
division (C)(1) of this section, the county treasurer immediately
shall notify each certificate holder by ordinary first class or
certified mail or by binary means of the terms of the plan.
Installment payments made pursuant to the plan shall be deposited
in the tax certificate redemption fund. Any overpayment of the
installments shall be refunded to the person responsible for
causing the overpayment if the person applies for a refund under
this section. If the person responsible for causing the
overpayment fails to apply for a refund under this section within
five years from the date the plan is satisfied, an amount equal to
the overpayment shall be deposited into the general fund of the
county. If the county has established a county land reutilization
corporation, the county treasurer may apply such overpayment to
the payment of the expenses of the corporation.
Upon satisfaction of the plan, the county treasurer shall
indicate in the tax certificate register that the plan has been
satisfied, and shall notify each certificate holder by ordinary
first class or certified mail or by binary means that the plan has
been satisfied and that payment on the certificate or certificates
is forthcoming. The treasurer shall pay each certificate holder
promptly.
If a redemption payment plan becomes void, the county
treasurer shall notify each certificate holder by ordinary first
class or certified mail or by binary means. If a certificate
holder files a request for foreclosure under section 5721.37 of
the Revised Code, upon the filing of the request for foreclosure,
any money paid under the plan shall be refunded to the person that
paid the money under the plan.
(3) Upon receipt of the payment required under division
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall
pay all other certificate holders and indicate in the tax
certificate register that such certificates have been satisfied.
If a county has organized a county land reutilization corporation,
the county treasurer may apply the redemption price and any
applicable interest payable under division (B) of this section to
the payment of the expenses of the corporation.
Sec. 5721.42. After the settlement required under division
(C) of section 321.24 of the Revised Code, the county treasurer
shall notify the certificate holder of the most recently issued
tax certificate, by ordinary first class or certified mail or by
binary means, that the certificate holder may purchase a
subsequent tax certificate by paying all delinquent taxes on the
related certificate parcel, the lien against which has not been
transferred by the sale of a tax certificate. During the thirty
days after receiving the notice, the certificate holder possesses
the exclusive right to purchase the subsequent tax certificate by
paying those amounts to the county treasurer. The amount of the
payment shall constitute a separate lien against the certificate
parcel that shall be evidenced by the issuance by the treasurer to
the certificate holder of an additional tax certificate with
respect to the delinquent taxes so paid on the related certificate
parcel. The amount of the payment as set forth in the tax
certificate shall earn interest at the rate of eighteen per cent
per year. The certificate period of each subsequent tax
certificate shall terminate on the expiration date of the
certificate period of the most recent tax certificate for the same
certificate parcel.
Sec. 5725.151. (A) As used in this section, "certificate
owner" has the same meaning as in section 149.311 of the Revised
Code.
(B) There is allowed a credit against the tax imposed by
section 5707.03 and assessed under section 5725.15 of the Revised
Code for a dealer in intangibles subject to that tax that is a
certificate owner of a rehabilitation tax credit certificate
issued under section 149.311 of the Revised Code. The credit shall
equal twenty-five per cent of the dollar amount indicated on the
certificate, but the amount of the credit allowed for any dealer
for any year shall not exceed five million dollars. The credit
shall be claimed in the calendar year specified in the
certificate. If the credit exceeds the amount of tax otherwise due
in that year, the excess shall be refunded to the dealer but, if
any amount of the credit is refunded, the sum of the amount
refunded and the amount applied to reduce the tax otherwise due in
that year shall not exceed three million dollars. The dealer may
carry forward any balance of the credit in excess of the amount
claimed in that year for not more than five ensuing years, and
shall deduct any amount claimed in any such year from the amount
claimed in an ensuing year.
(C) A dealer in intangibles claiming a credit under this
section shall retain the rehabilitation tax credit certificate for
four years following the end of the year in which the credit was
claimed, and shall make the certificate available for inspection
by the tax commissioner upon the request of the tax commissioner
during that period.
(D) For the purpose of division (C) of section 5725.24 of the
Revised Code, reductions in the amount of taxes collected on
account of credits allowed under this section shall be applied to
reduce the amount credited to the general revenue fund and shall
not be applied to reduce the amount to be credited to the
undivided local government funds of the counties in which such
taxes originate.
Sec. 5725.24. (A) As used in this section, "qualifying
dealer" means a dealer in intangibles that is a qualifying dealer
in intangibles as defined in section 5733.45 of the Revised Code
or a member of a qualifying controlled group, as defined in
section 5733.04 of the Revised Code, of which an insurance company
also is a member on the first day of January of the year in and
for which the tax imposed by section 5707.03 of the Revised Code
is required to be paid by the dealer.
(B) The taxes levied by section 5725.18 of the Revised Code
and collected pursuant to this chapter shall be paid into the
state treasury to the credit of the general revenue fund.
(C)(B) The taxes levied by section 5707.03 of the Revised
Code on the value of shares in and capital employed by all dealers
in intangibles
other than those that are qualifying dealers shall
be
for the use of paid into the state treasury to the credit of
the general revenue fund of the state and the local government
funds of the several counties in which the taxes originate as
provided in this division.
During each month for which there is money in the state
treasury for disbursement under this division, the tax
commissioner shall provide for payment to the county treasurer of
each county of five-eighths of the amount of the taxes collected
on account of shares in and capital employed by dealers in
intangibles other than those that are qualifying dealers,
representing capital employed in the county. The balance of the
money received and credited on account of taxes assessed on shares
in and capital employed by such dealers in intangibles shall be
credited to the general revenue fund.
Reductions in the amount of taxes collected on account of
credits allowed under section 5725.151 of the Revised Code shall
be applied to reduce the amount credited to the general revenue
fund and shall not be applied to reduce the amount to be credited
to the undivided local government funds of the counties in which
such taxes originate.
For the purpose of this division, such taxes are deemed to
originate in the counties in which such dealers in intangibles
have their offices.
Money received into the treasury of a county pursuant to this
section shall be credited to the undivided local government fund
of the county and shall be distributed by the budget commission as
provided by law.
(D) All of the taxes levied under section 5707.03 of the
Revised Code on the value of the shares in and capital employed by
dealers in intangibles that are qualifying dealers shall be paid
into the state treasury to the credit of the general revenue fund.
Sec. 5725.98. (A) To provide a uniform procedure for
calculating the amount of tax imposed by section 5725.18 of the
Revised Code that is due under this chapter, a taxpayer shall
claim any credits and offsets against tax liability to which it is
entitled in the following order:
(1) The credit for an insurance company or insurance company
group under section 5729.031 of the Revised Code;
(2) The credit for eligible employee training costs under
section 5725.31 of the Revised Code;
(3) The credit for purchasers of qualified low-income
community investments under section 5725.33 of the Revised Code;
(4) The nonrefundable job retention credit under division
(B)(1) of section 122.171 of the Revised Code;
(5) The offset of assessments by the Ohio life and health
insurance guaranty association permitted by section 3956.20 of the
Revised Code;
(6) The refundable credit for Ohio job retention under
division (B)(2) or (3) of section 122.171 of the Revised Code;
(7) The refundable credit for Ohio job creation under section
5725.32 of the Revised Code;
(8) The refundable credit under section 5725.19 of the
Revised Code for losses on loans made under the Ohio venture
capital program under sections 150.01 to 150.10 of the Revised
Code.
(B) For any credit except the refundable credits enumerated
in this section, the amount of the credit for a taxable year shall
not exceed the tax due after allowing for any other credit that
precedes it in the order required under this section. Any excess
amount of a particular credit may be carried forward if authorized
under the section creating that credit. Nothing in this chapter
shall be construed to allow a taxpayer to claim, directly or
indirectly, a credit more than once for a taxable year.
Sec. 5727.84. (A) As used in this section and sections
5727.85, 5727.86, and 5727.87 of the Revised Code:
(1) "School district" means a city, local, or exempted
village school district.
(2) "Joint vocational school district" means a joint
vocational school district created under section 3311.16 of the
Revised Code, and includes a cooperative education school district
created under section 3311.52 or 3311.521 of the Revised Code and
a county school financing district created under section 3311.50
of the Revised Code.
(3) "Local taxing unit" means a subdivision or taxing unit,
as defined in section 5705.01 of the Revised Code, a park district
created under Chapter 1545. of the Revised Code, or a township
park district established under section 511.23 of the Revised
Code, but excludes school districts and joint vocational school
districts.
(4) "State education aid," for a school district, means the
following:
(a) For fiscal years prior to fiscal year 2010, the sum of
state aid amounts computed for the district under the following
provisions, as they existed for the applicable fiscal year:
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section
3317.022; divisions (B), (C), and (D) of section 3317.023;
divisions (G), (L), and (N) of section 3317.024; and sections
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and
3317.053 of the Revised Code; and the adjustments required by:
division (C) of section 3310.08; division (C)(2) of section
3310.41; division (C) of section 3314.08; division (D)(2) of
section 3314.091; division (D) of section 3314.13; divisions (E),
(K), (L), (M), and (N) of section 3317.023; division (C) of
section 3317.20; and sections 3313.979 and 3313.981 of the Revised
Code. However, when calculating state education aid for a school
district for fiscal years 2008 and 2009, include the amount
computed for the district under Section 269.20.80 of H.B. 119 of
the 127th general assembly, as subsequently amended, instead of
division (D) of section 3317.022 of the Revised Code; and include
amounts calculated under Section 269.30.80 of this act H.B. 119 of
the 127th general assembly, as subsequently amended.
(b) For fiscal year years 2010 and for each fiscal year
thereafter 2011, the sum of the amounts computed for the district
under former sections 3306.052, 3306.12, 3306.13, 3306.19,
3306.191, and 3306.192; of the Revised Code and the following
provisions, as they existed for the applicable fiscal year:
division (G) of section 3317.024; sections 3317.05, 3317.052, and
3317.053 of the Revised Code; and the adjustments required by
division (C) of section 3310.08; division (C)(2) of section
3310.41; division (C) of section 3314.08; division (D)(2) of
section 3314.091; division (D) of section 3314.13; divisions (E),
(K), (L), (M), and (N) of section 3317.023; division (C) of
section 3317.20; and sections 3313.979 and, 3313.981, and 3326.33
of the Revised Code.
(c) For fiscal years 2012 and 2013, the amount paid in
accordance with the section of H.B. 153 of the 129th general
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL
SCHOOL DISTRICTS" and the adjustments required by division (C) of
section 3310.08; division (C)(2) of section 3310.41; division (C)
of section 3314.08; division (D)(2) of section 3314.091; division
(D) of section 3314.13; divisions (B), (H), (I), (J), and (K) of
section 3317.023; division (C) of section 3317.20; and sections
3313.979 and 3313.981 of the Revised Code.
(5) "State education aid," for a joint vocational school
district, means the following:
(a) For fiscal years prior to fiscal year 2010, the sum of
the state aid amounts computed for the district under division (N)
of section 3317.024 and section 3317.16 of the Revised Code.
However, when calculating state education aid for a joint
vocational school district for fiscal years 2008 and 2009, include
the amount computed for the district under Section 269.30.90 of
H.B. 119 of the 127th general assembly, as subsequently amended.
(b) For fiscal years 2010 and 2011, the amount computed for
the district in accordance with the section of this act H.B. 1 of
the 128th general assembly entitled "FUNDING FOR JOINT VOCATIONAL
SCHOOL DISTRICTS".
(c) For fiscal years 2012 and 2013, the amount paid in
accordance with the section of H.B. 153 of the 129th general
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."
(6) "State education aid offset" means the amount determined
for each school district or joint vocational school district under
division (A)(1) of section 5727.85 of the Revised Code.
(7) "Recognized valuation" has the same meaning as in section
3317.02 of the Revised Code.
(8) "Electric company tax value loss" means the amount
determined under division (D) of this section.
(9) "Natural gas company tax value loss" means the amount
determined under division (E) of this section.
(10) "Tax value loss" means the sum of the electric company
tax value loss and the natural gas company tax value loss.
(11) "Fixed-rate levy" means any tax levied on property other
than a fixed-sum levy.
(12) "Fixed-rate levy loss" means the amount determined under
division (G) of this section.
(13) "Fixed-sum levy" means a tax levied on property at
whatever rate is required to produce a specified amount of tax
money or levied in excess of the ten-mill limitation to pay debt
charges, and includes school district emergency levies imposed
pursuant to section 5705.194 of the Revised Code.
(14) "Fixed-sum levy loss" means the amount determined under
division (H) of this section.
(15) "Consumer price index" means the consumer price index
(all items, all urban consumers) prepared by the bureau of labor
statistics of the United States department of labor.
(16) "Total resources" has the same meaning as in section
5751.20 of the Revised Code.
(17) "2011 current expense S.B. 3 allocation" means the sum
of payments received by a school district or joint vocational
school district in fiscal year 2011 for current expense levy
losses pursuant to division (C)(2) of section 5727.85 of the
Revised Code. If a fixed-rate levy eligible for reimbursement is
not imposed in any year after tax year 2010, "2011 current expense
S.B. 3 allocation" used to compute payments to be made under
division (C)(3) of section 5727.85 of the Revised Code in the tax
years following the last year the levy is imposed shall be reduced
by the amount of those payments attributable to the fixed-rate
levy loss of that levy.
(18) "2010 current expense S.B. 3 allocation" means the sum
of payments received by a municipal corporation in calendar year
2010 for current expense levy losses pursuant to division (A)(1)
of section 5727.86 of the Revised Code. If a fixed-rate levy
eligible for reimbursement is not imposed in any year after tax
year 2010, "2010 current expense S.B. 3 allocation" used to
compute payments to be made under division (A)(1)(d) of section
5727.86 of the Revised Code in the tax years following the last
year the levy is imposed shall be reduced by the amount of those
payments attributable to the fixed-rate levy loss of that levy.
(19) "2010 S.B. 3 allocation" means the sum of payments
received by a local taxing unit during calendar year 2010 pursuant
to division (A)(1) of section 5727.86 of the Revised Code. If a
fixed-rate levy eligible for reimbursement is not imposed in any
year after tax year 2010, "2010 S.B. 3 allocation" used to compute
payments to be made under division (A)(1)(d) of section 5727.86 of
the Revised Code in the tax years following the last year the levy
is imposed shall be reduced by the amount of those payments
attributable to the fixed-rate levy loss of that levy.
(20) "Total S.B. 3 allocation" means, in the case of a school
district or joint vocational school district, the sum of the
amounts received in fiscal year 2011 pursuant to divisions (C)(2)
and (D) of section 5727.85 of the Revised Code. In the case of a
local taxing unit, "total S.B. 3 allocation" means the sum of
payments received by the unit in calendar year 2010 pursuant to
divisions (A)(1) and (4) of section 5727.86 of the Revised Code.
If a fixed-rate levy eligible for reimbursement is not imposed in
any year after tax year 2010, "total S.B. 3 allocation" used to
compute payments to be made under division (C)(3) of section
5727.85 or division (A)(1)(d) of section 5727.86 of the Revised
Code in the tax years following the last year the levy is imposed
shall be reduced by the amount of those payments attributable to
the fixed-rate levy loss of that levy as would be computed under
division (C)(2) of section 5727.85 or division (A)(1)(b) of
section 5727.86 of the Revised Code.
(21) "2011 non-current expense S.B. 3 allocation" means the
difference of a school district's or joint vocational school
district's total S.B. 3 allocation minus the sum of the school
district's 2011 current expense S.B. 3 allocation and the portion
of the school district's total S.B. 3 allocation constituting
reimbursement for debt levies pursuant to division (D) of section
5727.85 of the Revised Code.
(22) "2010 non-current expense S.B. 3 allocation" means the
difference of a municipal corporation's total S.B. 3 allocation
minus the sum of its 2010 current expense S.B. 3 allocation and
the portion of its total S.B. 3 allocation constituting
reimbursement for debt levies pursuant to division (A)(4) of
section 5727.86 of the Revised Code.
(23) "Threshold per cent" means, in the case of a school
district or joint vocational school district, two per cent for
fiscal year 2012 and four per cent for fiscal years 2013 and
thereafter. In the case of a local taxing unit, "threshold per
cent" means two per cent for calendar year 2011 and four per cent
for calendar years 2012 and thereafter.
(B) The kilowatt-hour tax receipts fund is hereby created in
the state treasury and shall consist of money arising from the tax
imposed by section 5727.81 of the Revised Code. All money in the
kilowatt-hour tax receipts fund shall be credited as follows:
(1) Sixty-three per cent shall be credited to the general
revenue fund.
(2) Twenty-five and four-tenths per cent shall be credited to
the school district property tax replacement fund, which is hereby
created in the state treasury for the purpose of making the
payments described in section 5727.85 of the Revised Code.
(3) Eleven and six-tenths per cent shall be credited to the
local government property tax replacement fund, which is hereby
created in the state treasury for the purpose of making the
payments described in section 5727.86 of the Revised Code.
Fiscal Year |
General Revenue Fund |
School District Property Tax Replacement Fund |
Local Government Property Tax Replacement Fund |
|
|
2001-2011 |
63.0% |
25.4% |
11.6% |
|
|
2012 and thereafter |
88.0% |
9.0% |
3.0% |
|
|
(C) The natural gas tax receipts fund is hereby created in
the state treasury and shall consist of money arising from the tax
imposed by section 5727.811 of the Revised Code. All money in the
fund shall be credited as follows:
(1)
For fiscal years before fiscal year 2012:
(a) Sixty-eight and seven-tenths per cent shall be credited
to the school district property tax replacement fund for the
purpose of making the payments described in section 5727.85 of the
Revised Code.
(2)(b) Thirty-one and three-tenths per cent shall be credited
to the local government property tax replacement fund for the
purpose of making the payments described in section 5727.86 of the
Revised Code.
(2) For fiscal years 2012 and thereafter, one hundred per
cent to the general revenue fund.
(D) Not later than January 1, 2002, the tax commissioner
shall determine for each taxing district its electric company tax
value loss, which is the sum of the applicable amounts described
in divisions (D)(1) to (4) of this section:
(1) The difference obtained by subtracting the amount
described in division (D)(1)(b) from the amount described in
division (D)(1)(a) of this section.
(a) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year 1998 on a preliminary assessment, or an amended
preliminary assessment if issued prior to March 1, 1999, and as
apportioned to the taxing district for tax year 1998;
(b) The value of electric company and rural electric company
tangible personal property as assessed by the tax commissioner for
tax year 1998 had the property been apportioned to the taxing
district for tax year 2001, and assessed at the rates in effect
for tax year 2001.
(2) The difference obtained by subtracting the amount
described in division (D)(2)(b) from the amount described in
division (D)(2)(a) of this section.
(a) The three-year average for tax years 1996, 1997, and 1998
of the assessed value from nuclear fuel materials and assemblies
assessed against a person under Chapter 5711. of the Revised Code
from the leasing of them to an electric company for those
respective tax years, as reflected in the preliminary assessments;
(b) The three-year average assessed value from nuclear fuel
materials and assemblies assessed under division (D)(2)(a) of this
section for tax years 1996, 1997, and 1998, as reflected in the
preliminary assessments, using an assessment rate of twenty-five
per cent.
(3) In the case of a taxing district having a nuclear power
plant within its territory, any amount, resulting in an electric
company tax value loss, obtained by subtracting the amount
described in division (D)(1) of this section from the difference
obtained by subtracting the amount described in division (D)(3)(b)
of this section from the amount described in division (D)(3)(a) of
this section.
(a) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2000 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2001, and as apportioned to the taxing
district for tax year 2000;
(b) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2001 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2002, and as apportioned to the taxing
district for tax year 2001.
(4) In the case of a taxing district having a nuclear power
plant within its territory, the difference obtained by subtracting
the amount described in division (D)(4)(b) of this section from
the amount described in division (D)(4)(a) of this section,
provided that such difference is greater than ten per cent of the
amount described in division (D)(4)(a) of this section.
(a) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2005 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2006, and as apportioned to the taxing
district for tax year 2005;
(b) The value of electric company tangible personal property
as assessed by the tax commissioner for tax year 2006 on a
preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2007, and as apportioned to the taxing
district for tax year 2006.
(E) Not later than January 1, 2002, the tax commissioner
shall determine for each taxing district its natural gas company
tax value loss, which is the sum of the amounts described in
divisions (E)(1) and (2) of this section:
(1) The difference obtained by subtracting the amount
described in division (E)(1)(b) from the amount described in
division (E)(1)(a) of this section.
(a) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 on
a preliminary assessment, or an amended preliminary assessment if
issued prior to March 1, 2000, and apportioned to the taxing
district for tax year 1999;
(b) The value of all natural gas company tangible personal
property, other than property described in division (E)(2) of this
section, as assessed by the tax commissioner for tax year 1999 had
the property been apportioned to the taxing district for tax year
2001, and assessed at the rates in effect for tax year 2001.
(2) The difference in the value of current gas obtained by
subtracting the amount described in division (E)(2)(b) from the
amount described in division (E)(2)(a) of this section.
(a) The three-year average assessed value of current gas as
assessed by the tax commissioner for tax years 1997, 1998, and
1999 on a preliminary assessment, or an amended preliminary
assessment if issued prior to March 1, 2001, and as apportioned in
the taxing district for those respective years;
(b) The three-year average assessed value from current gas
under division (E)(2)(a) of this section for tax years 1997, 1998,
and 1999, as reflected in the preliminary assessment, using an
assessment rate of twenty-five per cent.
(F) The tax commissioner may request that natural gas
companies, electric companies, and rural electric companies file a
report to help determine the tax value loss under divisions (D)
and (E) of this section. The report shall be filed within thirty
days of the commissioner's request. A company that fails to file
the report or does not timely file the report is subject to the
penalty in section 5727.60 of the Revised Code.
(G) Not later than January 1, 2002, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its fixed-rate levy loss, which is
the sum of its electric company tax value loss multiplied by the
tax rate in effect in tax year 1998 for fixed-rate levies and its
natural gas company tax value loss multiplied by the tax rate in
effect in tax year 1999 for fixed-rate levies.
(H) Not later than January 1, 2002, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its fixed-sum levy loss, which is
the amount obtained by subtracting the amount described in
division (H)(2) of this section from the amount described in
division (H)(1) of this section:
(1) The sum of the electric company tax value loss multiplied
by the tax rate in effect in tax year 1998, and the natural gas
company tax value loss multiplied by the tax rate in effect in tax
year 1999, for fixed-sum levies for all taxing districts within
each school district, joint vocational school district, and local
taxing unit. For the years 2002 through 2006, this computation
shall include school district emergency levies that existed in
1998 in the case of the electric company tax value loss, and 1999
in the case of the natural gas company tax value loss, and all
other fixed-sum levies that existed in 1998 in the case of the
electric company tax value loss and 1999 in the case of the
natural gas company tax value loss and continue to be charged in
the tax year preceding the distribution year. For the years 2007
through 2016 in the case of school district emergency levies, and
for all years after 2006 in the case of all other fixed-sum
levies, this computation shall exclude all fixed-sum levies that
existed in 1998 in the case of the electric company tax value loss
and 1999 in the case of the natural gas company tax value loss,
but are no longer in effect in the tax year preceding the
distribution year. For the purposes of this section, an emergency
levy that existed in 1998 in the case of the electric company tax
value loss, and 1999 in the case of the natural gas company tax
value loss, continues to exist in a year beginning on or after
January 1, 2007, but before January 1, 2017, if, in that year, the
board of education levies a school district emergency levy for an
annual sum at least equal to the annual sum levied by the board in
tax year 1998 or 1999, respectively, less the amount of the
payment certified under this division for 2002.
(2) The total taxable value in tax year 1999 less the tax
value loss in each school district, joint vocational school
district, and local taxing unit multiplied by one-fourth of one
mill.
If the amount computed under division (H) of this section for
any school district, joint vocational school district, or local
taxing unit is greater than zero, that amount shall equal the
fixed-sum levy loss reimbursed pursuant to division (E)(F) of
section 5727.85 of the Revised Code or division (A)(2) of section
5727.86 of the Revised Code, and the one-fourth of one mill that
is subtracted under division (H)(2) of this section shall be
apportioned among all contributing fixed-sum levies in the
proportion of each levy to the sum of all fixed-sum levies within
each school district, joint vocational school district, or local
taxing unit.
(I) Notwithstanding divisions (D), (E), (G), and (H) of this
section, in computing the tax value loss, fixed-rate levy loss,
and fixed-sum levy loss, the tax commissioner shall use the
greater of the 1998 tax rate or the 1999 tax rate in the case of
levy losses associated with the electric company tax value loss,
but the 1999 tax rate shall not include for this purpose any tax
levy approved by the voters after June 30, 1999, and the tax
commissioner shall use the greater of the 1999 or the 2000 tax
rate in the case of levy losses associated with the natural gas
company tax value loss.
(J) Not later than January 1, 2002, the tax commissioner
shall certify to the department of education the tax value loss
determined under divisions (D) and (E) of this section for each
taxing district, the fixed-rate levy loss calculated under
division (G) of this section, and the fixed-sum levy loss
calculated under division (H) of this section. The calculations
under divisions (G) and (H) of this section shall separately
display the levy loss for each levy eligible for reimbursement.
(K) Not later than September 1, 2001, the tax commissioner
shall certify the amount of the fixed-sum levy loss to the county
auditor of each county in which a school district with a fixed-sum
levy loss has territory.
Sec. 5727.85. (A) By the thirty-first day of July of each
year, beginning in 2002 and ending in 2016 2010, the department of
education shall determine the following for each school district
and each joint vocational school district:
(1) The state education aid offset, which, except as provided
in division (A)(1)(c) of this section, is the difference obtained
by subtracting the amount described in division (A)(1)(b) of this
section from the amount described in division (A)(1)(a) of this
section:
(a) The state education aid computed for the school district
or joint vocational school district for the current fiscal year as
of the thirty-first day of July;
(b) The state education aid that would be computed for the
school district or joint vocational school district for the
current fiscal year as of the thirty-first day of July if the
recognized valuation included the tax value loss for the school
district or joint vocational school district;
(c) The state education aid offset for fiscal year 2010 and
fiscal year 2011 equals the greater of the state education aid
offset calculated for that fiscal year under divisions (A)(1)(a)
and (b) of this section or the state education aid offset
calculated for fiscal year 2009.
(2) The For fiscal years 2008 through 2011, the greater of
zero or the difference obtained by subtracting the state education
aid offset determined under division (A)(1) of this section from
the fixed-rate levy loss certified under division (J) of section
5727.84 of the Revised Code for all taxing districts in each
school district and joint vocational school district.
By the fifth day of August of each such year, the department
of education shall certify the amount so determined under division
(A)(1) of this section to the director of budget and management.
(B) Not later than the thirty-first day of October of the
years 2006 through 2016 2010, the department of education shall
determine all of the following for each school district:
(1) The amount obtained by subtracting the district's state
education aid computed for fiscal year 2002 from the district's
state education aid computed for the current fiscal year as of the
fifteenth day of July, by including in the definition of
recognized valuation the machinery and equipment, inventory,
furniture and fixtures, and telephone property tax value losses,
as defined in section 5751.20 of the Revised Code, for the school
district or joint vocational school district for the preceding tax
year;
(2) The inflation-adjusted property tax loss. The
inflation-adjusted property tax loss equals the fixed-rate levy
loss, excluding the tax loss from levies within the ten-mill
limitation to pay debt charges, determined under division (G) of
section 5727.84 of the Revised Code for all taxing districts in
each school district, plus the product obtained by multiplying
that loss by the cumulative percentage increase in the consumer
price index from January 1, 2002, to the thirtieth day of June of
the current year.
(3) The difference obtained by subtracting the amount
computed under division (B)(1) from the amount of the
inflation-adjusted property tax loss. If this difference is zero
or a negative number, no further payments shall be made under
division (C) of this section to the school district from the
school district property tax replacement fund.
(C)
The Beginning in 2002 for school districts and beginning
in August 2011 for joint vocational school districts, the
department of education shall pay from the school district
property tax replacement fund to each school district all of the
following:
(1) In February 2002, one-half of the fixed-rate levy loss
certified under division (J) of section 5727.84 of the Revised
Code between the twenty-first and twenty-eighth days of February.
(2) From August 2002 through August 2017 February 2011,
one-half of the amount calculated for that fiscal year under
division (A)(2) of this section between the twenty-first and
twenty-eighth days of August and of February, provided the
difference computed under division (B)(3) of this section is not
less than or equal to zero.
For (3) For fiscal years 2012 and thereafter, the sum of the
amounts in divisions (C)(3)(a) or (b) and (c) of this section
shall be paid on or before the thirty-first day of August and the
twenty-eighth day of February:
(a) If the ratio of 2011 current expense S.B. 3 allocation to
total resources is equal to or less than the threshold per cent,
zero;
(b) If the ratio of 2011 current expense S.B. 3 allocation to
total resources is greater than the threshold per cent, fifty per
cent of the difference of 2011 current expense S.B. 3 allocation
minus the product of total resources multiplied by the threshold
per cent;
(c) Fifty per cent of the product of 2011 non-current expense
S.B. 3 allocation multiplied by seventy-five per cent for fiscal
year 2012 and fifty per cent for fiscal years 2013 and thereafter.
The department of education shall report to each school
district the apportionment of the payments among the school
district's funds based on the certifications under division (J) of
section 5727.84 of the Revised Code.
(D) For taxes levied within the ten-mill limitation for debt
purposes in tax year 1998 in the case of electric company tax
value losses, and in tax year 1999 in the case of natural gas
company tax value losses, payments shall be made equal to one
hundred per cent of the loss computed as if the tax were a
fixed-rate levy, but those payments shall extend from fiscal year
2006 through fiscal year 2016.
The department of education shall report to each school
district the apportionment of the payments among the school
district's funds based on the certifications under division (J) of
section 5727.84 of the Revised Code.
(D)(E) Not later than January 1, 2002, for all taxing
districts in each joint vocational school district, the tax
commissioner shall certify to the department of education the
fixed-rate levy loss determined under division (G) of section
5727.84 of the Revised Code. From February 2002 to August 2016
through February 2011, the department shall pay from the school
district property tax replacement fund to the joint vocational
school district one-half of the amount calculated for that fiscal
year under division (A)(2) of this section between the
twenty-first and twenty-eighth days of August and of February.
(E)(F)(1) Not later than January 1, 2002, for each fixed-sum
levy levied by each school district or joint vocational school
district and for each year for which a determination is made under
division (H) of section 5727.84 of the Revised Code that a
fixed-sum levy loss is to be reimbursed, the tax commissioner
shall certify to the department of education the fixed-sum levy
loss determined under that division. The certification shall cover
a time period sufficient to include all fixed-sum levies for which
the tax commissioner made such a determination. The department
shall pay from the school district property tax replacement fund
to the school district or joint vocational school district
one-half of the fixed-sum levy loss so certified for each year
between the twenty-first and twenty-eighth days of August and of
February.
(2) Beginning in 2003, by the thirty-first day of January of
each year, the tax commissioner shall review the certification
originally made under division (E)(F)(1) of this section. If the
commissioner determines that a debt levy that had been scheduled
to be reimbursed in the current year has expired, a revised
certification for that and all subsequent years shall be made to
the department of education.
(F)(G) If the balance of the half-mill equalization fund
created under section 3318.18 of the Revised Code is insufficient
to make the full amount of payments required under division (D) of
that section, the department of education, at the end of the third
quarter of the fiscal year, shall certify to the director of
budget and management the amount of the deficiency, and the
director shall transfer an amount equal to the deficiency from the
school district property tax replacement fund to the half-mill
equalization fund.
(G)(H) Beginning in August 2002, and ending in May 2017 2011,
the director of budget and management shall transfer from the
school district property tax replacement fund to the general
revenue fund each of the following:
(1) Between the twenty-eighth day of August and the fifth day
of September, the lesser of one-half of the amount certified for
that fiscal year under division (A)(2) of this section or the
balance in the school district property tax replacement fund;
(2) Between the first and fifth days of May, the lesser of
one-half of the amount certified for that fiscal year under
division (A)(2) of this section or the balance in the school
district property tax replacement fund.
(H)(I) On the first day of June each year, the director of
budget and management shall transfer any balance remaining in the
school district property tax replacement fund after the payments
have been made under divisions (C), (D), (E), (F), and (G), and
(H) of this section to the half-mill equalization fund created
under section 3318.18 of the Revised Code to the extent required
to make any payments in the current fiscal year under that
section, and shall transfer the remaining balance to the general
revenue fund.
(I) From (J) After fiscal year 2002 through fiscal year 2016,
if the total amount in the school district property tax
replacement fund is insufficient to make all payments under
divisions (C), (D), (E), and (F), and (G) of this section at the
time the payments are to be made, the director of budget and
management shall transfer from the general revenue fund to the
school district property tax replacement fund the difference
between the total amount to be paid and the total amount in the
school district property tax replacement fund, except that no
transfer shall be made by reason of a deficiency to the extent
that it results from the amendment of section 5727.84 of the
Revised Code by Amended Substitute House Bill No. 95 of the 125th
general assembly.
(J)(K) If all of the territory of a school district or joint
vocational school district is merged with an existing district, or
if a part of the territory of a school district or joint
vocational school district is transferred to an existing or new
district, the department of education, in consultation with the
tax commissioner, shall adjust the payments made under this
section as follows:
(1) For the merger of all of the territory of two or more
districts, the fixed-rate levy loss and the total resources, 2011
current expense S.B. 3 allocation, total 2011 S.B. 3 allocation,
2011 non-current expense S.B. 3 allocation, and fixed-sum levy
loss of the successor district shall be equal to the sum of the
fixed-rate levy losses and the total resources, 2011 current
expense S.B. 3 allocation, total 2011 S.B. 3 allocation, 2011
non-current expense S.B. 3 allocation, and fixed-sum levy losses
loss for each of the districts involved in the merger.
(2) For the transfer of a part of one district's territory to
an existing district, the amount of the fixed-rate levy loss total
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.
3 allocation, and 2011 non-current expense S.B. 3 allocation that
is transferred to the recipient district shall be an amount equal
to the transferring district's total fixed-rate levy loss total
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B.
3 allocation, and 2011 non-current expense S.B. 3 allocation times
a fraction, the numerator of which is the value of electric
company tangible personal property located in the part of the
territory that was number of pupils being transferred to the
recipient district, measured, in the case of a school district, by
average daily membership as reported under division (A) of section
3317.03 of the Revised Code or, in the case of a joint vocational
school district, by formula ADM as reported in division (D) of
that section, and the denominator of which is the
total value of
electric company tangible personal property located in the entire
district from which the territory was transferred. The value of
electric company tangible personal property under this division
shall be determined for the most recent year for which data is
available average daily membership or formula ADM of the
transferor district. Fixed-sum levy losses for both districts
shall be determined under division (J)(K)(4) of this section.
(3) For the transfer of a part of the territory of one or
more districts to create a new district:
(a) If the new district is created on or after January 1,
2000, but before January 1, 2005, the new district shall be paid
its current fixed-rate levy loss through August 2009. From In
February 2010 to, August 2016 2010, and February 2011, the new
district shall be paid
fifty per cent of the lesser of: (i) the
amount calculated under division (C)(2) of this section or (ii) an
amount equal to seventy per cent of the new district's fixed-rate
levy loss multiplied by the percentage prescribed by the following
schedule:
YEAR |
PERCENTAGE |
|
|
2010 |
70% |
|
|
2011 |
70% |
|
|
2012 |
60% |
|
|
2013 |
50% |
|
|
2014 |
40% |
|
|
2015 |
24% |
|
|
2016 |
11.5% |
|
|
2017 and thereafter |
0%. |
|
|
Beginning in fiscal year 2012, the new district shall be paid
as provided in division (C) of this section.
Fixed-sum levy losses for the districts shall be determined
under division (J)(K)(4) of this section.
(b) If the new district is created on or after January 1,
2005, the new district shall be deemed not to have any fixed-rate
levy loss or, except as provided in division (J)(K)(4) of this
section, fixed-sum levy loss. The district or districts from which
the territory was transferred shall have no reduction in their
fixed-rate levy loss, or, except as provided in division (J)(K)(4)
of this section, their fixed-sum levy loss.
(4) If a recipient district under division (J)(K)(2) of this
section or a new district under division (J)(K)(3)(a) or (b) of
this section takes on debt from one or more of the districts from
which territory was transferred, and any of the districts
transferring the territory had fixed-sum levy losses, the
department of education, in consultation with the tax
commissioner, shall make an equitable division of the fixed-sum
levy losses.
(K) There is hereby created the public utility property tax
study committee, effective January 1, 2011. The committee shall
consist of the following seven members: the tax commissioner,
three members of the senate appointed by the president of the
senate, and three members of the house of representatives
appointed by the speaker of the house of representatives. The
appointments shall be made not later than January 31, 2011. The
tax commissioner shall be the chairperson of the committee.
The committee shall study the extent to which each school
district or joint vocational school district has been compensated,
under sections 5727.84 and 5727.85 of the Revised Code as enacted
by Substitute Senate Bill No. 3 of the 123rd general assembly and
any subsequent acts, for the property tax loss caused by the
reduction in the assessment rates for natural gas, electric, and
rural electric company tangible personal property. Not later than
June 30, 2011, the committee shall issue a report of its findings,
including any recommendations for providing additional
compensation for the property tax loss or regarding remedial
legislation, to the president of the senate and the speaker of the
house of representatives, at which time the committee shall cease
to exist.
The department of taxation and department of education shall
provide such information and assistance as is required for the
committee to carry out its duties.
Sec. 5727.86. (A) Not later than January 1, 2002, the tax
commissioner shall compute the payments to be made to each local
taxing unit for each year according to divisions (A)(1), (2), (3),
and (4) and division (E) of this section, and shall distribute the
payments in the manner prescribed by division (C) of this section.
The calculation of the fixed-sum levy loss shall cover a time
period sufficient to include all fixed-sum levies for which the
tax commissioner determined, pursuant to division (H) of section
5727.84 of the Revised Code, that a fixed-sum levy loss is to be
reimbursed.
(1) Except as provided in divisions (A)(3) and (4) of this
section,
for fixed-rate levy losses determined under division (G)
of section 5727.84 of the Revised Code, payments shall be made in
each of the following years at the following percentage of the
fixed-rate levy loss certified under division (A) of this section:
|
YEAR |
PERCENTAGE
| |
|
|
2002 |
100%
| |
|
|
2003 |
100%
| |
|
|
2004 |
100%
| |
|
|
2005 |
100%
| |
|
|
2006 |
100%
| |
|
|
2007 |
80%
| |
|
|
2008 |
80%
| |
|
|
2009 |
80%
| |
|
|
2010 |
80%
| |
|
|
2011 |
80%
| |
|
|
2012 |
66.7%
| |
|
|
2013 |
53.4%
| |
|
|
2014 |
40.1%
| |
|
|
2015 |
26.8%
| |
|
|
2016 |
13.5%
| |
|
|
2017 and thereafter |
0%
| |
|
the following amounts shall be paid on or before the thirty-first
day of August and the twenty-eighth day of February:
(a) For years 2002 through 2006, fifty per cent of the
fixed-rate levy loss computed under division (G) of section
5727.84 of the Revised Code;
(b) For years 2007 through 2010, forty per cent of the fixed
rate levy loss computed under division (G) of section 5727.84 of
the Revised Code;
(c) For the payment in 2011 to be made on or before the
twentieth day of February, the amount required to be paid in 2010
on or before the twentieth day of February;
(d) For the payment in 2011 to be made on or before the
thirty-first day of August and for all payments to be made in
years 2012 and thereafter, the sum of the amounts in divisions
(A)(1)(d)(i) or (ii) and (iii) of this section:
(i) If the ratio of fifty per cent of the taxing unit's 2010
S.B. 3 allocation to its total resources is equal to or less than
the threshold per cent, zero;
(ii) If the ratio of fifty per cent of the taxing unit's 2010
S.B. 3 allocation to its total resources is greater than the
threshold per cent, the difference of fifty per cent of the 2010
S.B. 3 allocation minus the product of total resources multiplied
by the threshold per cent;
(iii) In the case of a municipal corporation, fifty per cent
of the product of its 2010 non-current expense S.B. 3 allocation
multiplied by seventy-five per cent for year 2011 and fifty per
cent for years 2012 and thereafter.
(2) For fixed-sum levy losses determined under division (H)
of section 5727.84 of the Revised Code, payments shall be made in
the amount of one hundred per cent of the fixed-sum levy loss for
payments required to be made in 2002 and thereafter.
(3) A local taxing unit in a county of less than two hundred
fifty square miles that receives eighty per cent or more of its
combined general fund and bond retirement fund revenues from
property taxes and rollbacks based on 1997 actual revenues as
presented in its 1999 tax budget, and in which electric companies
and rural electric companies comprise over twenty per cent of its
property valuation, shall receive one hundred per cent of its
fixed-rate levy losses from electric company tax value losses
certified under division (A) of this section in years 2002 to
2016
2010. Beginning in 2011, payments for such local taxing units
shall be determined under division (A)(1) of this section.
(4) For taxes levied within the ten-mill limitation or
pursuant to a municipal charter for debt purposes in tax year 1998
in the case of electric company tax value losses, and in tax year
1999 in the case of natural gas company tax value losses, payments
shall be made equal to one hundred per cent of the loss computed
as if the tax were a fixed-rate levy, but those payments shall
extend from fiscal year 2006 2011 through fiscal year 2016 if the
levy was imposed for debt purposes in tax year 2010. If the levy
is not imposed for debt purposes in tax year 2010 or any following
tax year before tax year 2016, payments for that levy shall be
made under division (A)(1) of this section beginning with the
first year after the year the levy is imposed for a purpose other
than debt. For the purposes of this division, taxes levied
pursuant to a municipal charter refer to taxes levied pursuant to
a provision of a municipal charter that permits the tax to be
levied without prior voter approval.
(B) Beginning in 2003, by the thirty-first day of January of
each year, the tax commissioner shall review the calculation
originally made under division (A) of this section of the
fixed-sum levy loss determined under division (H) of section
5727.84 of the Revised Code. If the commissioner determines that a
fixed-sum levy that had been scheduled to be reimbursed in the
current year has expired, a revised calculation for that and all
subsequent years shall be made.
(C) Payments to local taxing units required to be made under
divisions (A) and (E) of this section shall be paid from the local
government property tax replacement fund to the county undivided
income tax fund in the proper county treasury. One-half of the
amount certified under those divisions shall be paid between the
twenty-first and twenty-eighth days of August and of February. The
county treasurer shall distribute amounts paid under division (A)
of this section to the proper local taxing unit as if they had
been levied and collected as taxes, and the local taxing unit
shall apportion the amounts so received among its funds in the
same proportions as if those amounts had been levied and collected
as taxes. Except in the case of amounts distributed to the county
as a local taxing unit, amounts distributed under division (E)(2)
of this section shall be credited to the general fund of the local
taxing unit that receives them. Amounts distributed to each county
as a local taxing unit under division (E)(2) of this section shall
be credited in the proportion that the current taxes charged and
payable from each levy of or by the county bears to the total
current taxes charged and payable from all levies of or by the
county.
(D) By February 5, 2002, the tax commissioner shall estimate
the amount of money in the local government property tax
replacement fund in excess of the amount necessary to make
payments in that month under division (C) of this section.
Notwithstanding division (A) of this section, the tax commissioner
may pay any local taxing unit, from those excess funds, nine and
four-tenths times the amount computed for 2002 under division
(A)(1) of this section. A payment made under this division shall
be in lieu of the payment to be made in February 2002 under
division (A)(1) of this section. A local taxing unit receiving a
payment under this division will no longer be entitled to any
further payments under division (A)(1) of this section. A payment
made under this division shall be paid from the local government
property tax replacement fund to the county undivided income tax
fund in the proper county treasury. The county treasurer shall
distribute the payment to the proper local taxing unit as if it
had been levied and collected as taxes, and the local taxing unit
shall apportion the amounts so received among its funds in the
same proportions as if those amounts had been levied and collected
as taxes.
(E)(1) On the thirty-first day of July of 2002, 2003, 2004,
2005, and 2006, and on the thirty-first day of January and July of
2007
and each year thereafter through January 2011, if the amount
credited to the local government property tax replacement fund
exceeds the amount needed to be distributed from the fund under
division (A) of this section in the following month, the tax
commissioner shall distribute the excess to each county as
follows:
(a) One-half shall be distributed to each county in
proportion to each county's population.
(b) One-half shall be distributed to each county in the
proportion that the amounts determined under divisions (G) and (H)
of section 5727.84 of the Revised Code for all local taxing units
in the county is of the total amounts so determined for all local
taxing units in the state.
(2) The amounts distributed to each county under division (E)
of this section shall be distributed by the county auditor to each
local taxing unit in the county in the proportion that the unit's
current taxes charged and payable are of the total current taxes
charged and payable of all the local taxing units in the county.
If the amount that the county auditor determines to be distributed
to a local taxing unit is less than five dollars, that amount
shall not be distributed, and the amount not distributed shall
remain credited to the county undivided income tax fund. At the
time of the next distribution under division (E)(2) of this
section, any amount that had not been distributed in the prior
distribution shall be added to the amount available for the next
distribution prior to calculation of the amount to be distributed.
As used in this division, "current taxes charged and payable"
means the taxes charged and payable as most recently determined
for local taxing units in the county.
(3) If, in the opinion of the tax commissioner, the excess
remaining in the local government property tax replacement fund in
any year is not sufficient to warrant distribution After January
2011, any amount that exceeds the amount needed to be distributed
from the fund under division (E)(A) of this section, the excess
shall remain to the credit of in the following month shall be
transferred to the general revenue fund.
(F) From fiscal year 2002 through fiscal year 2016, if If the
total amount in the local government property tax replacement fund
is insufficient to make all payments under division (C) of this
section at the times the payments are to be made, the director of
budget and management shall transfer from the general revenue fund
to the local government property tax replacement fund the
difference between the total amount to be paid and the amount in
the local government property tax replacement fund, except that no
transfer shall be made by reason of a deficiency to the extent
that it results from the amendment of section 5727.84 of the
Revised Code by Amended Substitute House Bill 95 of the 125th
general assembly.
(G) If all or a part of the territories of two or more local
taxing units are merged, or unincorporated territory of a township
is annexed by a municipal corporation, the tax commissioner shall
adjust the payments made under this section to each of the local
taxing units in proportion to the tax value loss square mileage
apportioned to the merged or annexed territory, or as otherwise
provided by a written agreement between the legislative
authorities of the local taxing units certified to the tax
commissioner not later than the first day of June of the calendar
year in which the payment is to be made.
Sec. 5729.98. (A) To provide a uniform procedure for
calculating the amount of tax due under this chapter, a taxpayer
shall claim any credits and offsets against tax liability to which
it is entitled in the following order:
(1) The credit for an insurance company or insurance company
group under section 5729.031 of the Revised Code;
(2) The credit for eligible employee training costs under
section 5729.07 of the Revised Code;
(3) The credit for purchases of qualified low-income
community investments under section 5729.16 of the Revised Code;
(4) The nonrefundable job retention credit under division
(B)(1) of section 122.171 of the Revised Code;
(5) The offset of assessments by the Ohio life and health
insurance guaranty association against tax liability permitted by
section 3956.20 of the Revised Code;
(6) The refundable credit for Ohio job retention under
division (B)(2) or (3) of section 122.171 of the Revised Code;
(7) The refundable credit for Ohio job creation under section
5729.032 of the Revised Code;
(8) The refundable credit under section 5729.08 of the
Revised Code for losses on loans made under the Ohio venture
capital program under sections 150.01 to 150.10 of the Revised
Code.
(B) For any credit except the refundable credits enumerated
in this section, the amount of the credit for a taxable year shall
not exceed the tax due after allowing for any other credit that
precedes it in the order required under this section. Any excess
amount of a particular credit may be carried forward if authorized
under the section creating that credit. Nothing in this chapter
shall be construed to allow a taxpayer to claim, directly or
indirectly, a credit more than once for a taxable year.
Sec. 5731.02. (A) A tax is hereby levied on the transfer of
the taxable estate, determined as provided in section 5731.14 of
the Revised Code, of every person dying on or after July 1, 1968,
and before January 1, 2013, who at the time of death was a
resident of this state, as follows:
If the taxable estate is: |
The tax shall be: |
|
|
Not over $40,000 |
2% of the taxable estate |
|
|
Over $40,000 but not over $100,000 |
$800 plus 3% of the excess over $40,000 |
|
|
Over $100,000 but not over $200,000 |
$2,600 plus 4% of the excess over $100,000 |
|
|
Over $200,000 but not over $300,000 |
$6,600 plus 5% of the excess over $200,000 |
|
|
Over $300,000 but not over $500,000 |
$11,600 plus 6% of the excess over $300,000 |
|
|
Over $500,000 |
$23,600 plus 7% of the excess over $500,000. |
|
|
(B) A credit shall be allowed against the tax imposed by
division (A) of this section equal to the lesser of five hundred
dollars or the amount of the tax for persons dying on or after
July 1, 1968, but before January 1, 2001; the lesser of six
thousand six hundred dollars or the amount of the tax for persons
dying on or after January 1, 2001, but before January 1, 2002; or
the lesser of thirteen thousand nine hundred dollars or the amount
of the tax for persons dying on or after January 1, 2002.
Sec. 5731.18. (A) In addition to the tax levied by section
5731.02 of the Revised Code, a tax is hereby levied upon the
transfer of the estate of every person dying on or after July 1,
1968 January 1, 2013, who, at the time of death was a resident of
this state, in an amount equal to the maximum credit allowable by
subtitle B, Chapter 11 of the Internal Revenue Code, for any taxes
paid to any state.
(B) The tax levied on any estate under this section shall be
credited with the amount of the tax levied under section 5731.02
of the Revised Code and with the amount of any estate,
inheritance, legacy, or succession taxes actually paid to any
state or territory of the United States or to the District of
Columbia on any property included in the decedent's gross estate
for federal estate tax purposes.
(C) The additional tax levied under this section shall be
administered, collected, and paid as provided in section 5731.24
of the Revised Code.
Sec. 5731.181. (A) For purposes of this section,
"generation-skipping transfer," "taxable distribution," and
"taxable termination" have the same meaning as in Chapter 13 of
subtitle B of the Internal Revenue Code.
(B) A tax is hereby levied upon every generation-skipping
transfer of property occurring on or after January 1, 2013, having
a situs in this state, that occurs at the same time as, and as a
result of, the death of an individual, in an amount equal to the
credit allowed by Chapter 13 of subtitle B of the Internal Revenue
Code, for any taxes paid to any state in respect of any property
included in the generation-skipping transfer.
For purposes of this division, "property having a situs in
this state" includes all the following:
(1) Real property situated in this state;
(2) Tangible personal property having an actual situs in this
state;
(3) Intangible personal property employed in carrying on a
business in this state;
(4) Intangible personal property owned by a trust, the
trustee of which resides in or has its principal place of business
in this state, or, if there is more than one trustee of the trust,
the principal place of administration of which is in this state.
(C) The return with respect to the generation-skipping tax
levied by division (B) of this section shall be filed in the form
that the tax commissioner shall prescribe, on or before the day
prescribed by law, including extensions, for filing the
generation-skipping transfer tax return under Chapter 13 of
subtitle B of the Internal Revenue Code, for the same
generation-skipping transfer. The return shall be filed by the
distributee in the case of a taxable distribution and by the
trustee in the case of a taxable termination.
(D) The generation-skipping tax levied by division (B) of
this section shall be paid, without notice or demand by the tax
commissioner, with the return, and shall be charged, collected,
and administered in the same manner as estate taxes levied by this
chapter. This chapter is generally applicable to, except to the
extent it is inconsistent with the nature of, the
generation-skipping tax.
(E) If another state levies a generation-skipping tax on a
transfer described in division (B) of this section, the tax
commissioner may enter into a compromise of the
generation-skipping tax levied by division (B) of this section in
the manner provided in section 5731.35 of the Revised Code, except
that no approval of any probate court is required. If such a
compromise agreement is made, no interest and penalties shall
accrue for the period prior to the execution of the agreement and
for sixty days after its execution.
Sec. 5731.19. (A) A tax is hereby levied upon the transfer
of so much of the taxable estate of every person dying on or after
July 1, 1968, and before January 1, 2013, who, at the time of his
death, was not a resident of this state, as consists of real
property situated in this state, tangible personal property having
an actual situs in this state, and intangible personal property
employed in carrying on a business within this state unless
exempted from tax under the provisions of section 5731.34 of the
Revised Code.
(B) The amount of the tax on such real and tangible personal
property shall be determined as follows:
(1) Determine the amount of tax which would be payable under
Chapter 5731. of the Revised Code if the decedent had died a
resident of this state with all his the decedent's property
situated or located within this state;
(2) Multiply the tax so determined by a fraction, the
denominator of which shall be the value of the gross estate
wherever situated and the numerator of which shall be the said
gross estate value of the real property situated and the tangible
personal property having an actual situs in this state and
intangible personal property employed in carrying on a business
within this state and not exempted from tax under section 5731.34
of the Revised Code. The product shall be the amount of tax
payable to this state.
(C) In addition to the tax levied by division (A) of this
section, an additional tax is hereby levied on such real and
tangible personal property determined as follows:
(1) Determine the amount of tax which would be payable under
division (A) of section 5731.18 of the Revised Code, if the
decedent had died a resident of this state with all his the
decedent's property situated or located within this state;
(2) Multiply the tax so determined by a fraction, the
denominator of which shall be the value of the gross estate
wherever situated and the numerator of which shall be the said
gross estate value of the real property situated and the tangible
property having an actual situs in this state and intangible
personal property employed in carrying on a business within this
state and not exempted from tax under section 5731.34 of the
Revised Code. The product so derived shall be credited with the
amount of the tax determined under division (B) of this section.
Sec. 5731.21. (A)(1)(a) Except as provided under division
(A)(3) of this section, the executor or administrator, or, if no
executor or administrator has been appointed, another person in
possession of property the transfer of which is subject to estate
taxes under section 5731.02 or division (A) of section 5731.19 of
the Revised Code, shall file an estate tax return, within nine
months of the date of the decedent's death, in the form prescribed
by the tax commissioner, in duplicate, with the probate court of
the county. The return shall include all property the transfer of
which is subject to estate taxes, whether that property is
transferred under the last will and testament of the decedent or
otherwise. The time for filing the return may be extended by the
tax commissioner.
(b) The estate tax return described in division (A)(1)(a) of
this section shall be accompanied by a certificate, in the form
prescribed by the tax commissioner, that is signed by the
executor, administrator, or other person required to file the
return, and that states all of the following:
(i) The fact that the return was filed;
(ii) The date of the filing of the return;
(iii) The fact that the estate taxes under section 5731.02 or
division (A) of section 5731.19 of the Revised Code, that are
shown to be due in the return, have been paid in full;
(iv) If applicable, the fact that real property listed in the
inventory for the decedent's estate is included in the return;
(v) If applicable, the fact that real property not listed in
the inventory for the decedent's estate, including, but not
limited to, survivorship tenancy property as described in section
5302.17 of the Revised Code or transfer on death property as
described in sections 5302.22 and 5302.23 of the Revised Code,
also is included in the return. In this regard, the certificate
additionally shall describe that real property by the same
description used in the return.
(2) The probate court shall forward one copy of the estate
tax return described in division (A)(1)(a) of this section to the
tax commissioner.
(3) A person shall not be required to file a return under
division (A) of this section if the decedent was a resident of
this state and the value of the decedent's gross estate is
twenty-five thousand dollars or less in the case of a decedent
dying on or after July 1, 1968, but before January 1, 2001; two
hundred thousand dollars or less in the case of a decedent dying
on or after January 1, 2001, but before January 1, 2002; or three
hundred thirty-eight thousand three hundred thirty-three dollars
or less in the case of a decedent dying on or after January 1,
2002. No return shall be filed for estates of decedents dying on
or after January 1, 2013.
(4)(a) Upon receipt of the estate tax return described in
division (A)(1)(a) of this section and the accompanying
certificate described in division (A)(1)(b) of this section, the
probate court promptly shall give notice of the return, by a form
prescribed by the tax commissioner, to the county auditor. The
auditor then shall make a charge based upon the notice and shall
certify a duplicate of the charge to the county treasurer. The
treasurer then shall collect, subject to division (A) of section
5731.25 of the Revised Code or any other statute extending the
time for payment of an estate tax, the tax so charged.
(b) Upon receipt of the return and the accompanying
certificate, the probate court also shall forward the certificate
to the auditor. When satisfied that the estate taxes under section
5731.02 or division (A) of section 5731.19 of the Revised Code,
that are shown to be due in the return, have been paid in full,
the auditor shall stamp the certificate so forwarded to verify
that payment. The auditor then shall return the stamped
certificate to the probate court.
(5)(a) The certificate described in division (A)(1)(b) of
this section is a public record subject to inspection and copying
in accordance with section 149.43 of the Revised Code. It shall be
kept in the records of the probate court pertaining to the
decedent's estate and is not subject to the confidentiality
provisions of section 5731.90 of the Revised Code.
(b) All persons are entitled to rely on the statements
contained in a certificate as described in division (A)(1)(b) of
this section if it has been filed in accordance with that
division, forwarded to a county auditor and stamped in accordance
with division (A)(4) of this section, and placed in the records of
the probate court pertaining to the decedent's estate in
accordance with division (A)(5)(a) of this section. The real
property referred to in the certificate shall be free of, and may
be regarded by all persons as being free of, any lien for estate
taxes under section 5731.02 and division (A) of section 5731.19 of
the Revised Code.
(B) An estate tax return filed under this section, in the
form prescribed by the tax commissioner, and showing that no
estate tax is due shall result in a determination that no estate
tax is due, if the tax commissioner within three months after the
receipt of the return by the department of taxation, fails to file
exceptions to the return in the probate court of the county in
which the return was filed. A copy of exceptions to a return of
that nature, when the tax commissioner files them within that
period, shall be sent by ordinary mail to the person who filed the
return. The tax commissioner is not bound under this division by a
determination that no estate tax is due, with respect to property
not disclosed in the return.
(C) If the executor, administrator, or other person required
to file an estate tax return fails to file it within nine months
of the date of the decedent's death, the tax commissioner may
determine the estate tax in that estate and issue a certificate of
determination in the same manner as is provided in division (B) of
section 5731.27 of the Revised Code. A certificate of
determination of that nature has the same force and effect as
though a return had been filed and a certificate of determination
issued with respect to the return.
Sec. 5731.39. (A) No corporation organized or existing under
the laws of this state shall transfer on its books or issue a new
certificate for any share of its capital stock registered in the
name of a decedent, or in trust for a decedent, or in the name of
a decedent and another person or persons, without the written
consent of the tax commissioner.
(B) No safe deposit company, trust company, financial
institution as defined in division (A) of section 5725.01 of the
Revised Code or other corporation or person, having in possession,
control, or custody a deposit standing in the name of a decedent,
or in trust for a decedent, or in the name of a decedent and
another person or persons, shall deliver or transfer an amount in
excess of three-fourths of the total value of such deposit,
including accrued interest and dividends, as of the date of
decedent's death, without the written consent of the tax
commissioner. The written consent of the tax commissioner need not
be obtained prior to the delivery or transfer of amounts having a
value of three-fourths or less of said total value.
(C) No life insurance company shall pay the proceeds of an
annuity or matured endowment contract, or of a life insurance
contract payable to the estate of a decedent, or of any other
insurance contract taxable under Chapter 5731. of the Revised
Code, without the written consent of the tax commissioner. Any
life insurance company may pay the proceeds of any insurance
contract not specified in this division (C) without the written
consent of the tax commissioner.
(D) No trust company or other corporation or person shall pay
the proceeds of any death benefit, retirement, pension or profit
sharing plan in excess of two thousand dollars, without the
written consent of the tax commissioner. Such trust company or
other corporation or person, however, may pay the proceeds of any
death benefit, retirement, pension, or profit-sharing plan which
consists of insurance on the life of the decedent payable to a
beneficiary other than the estate of the insured without the
written consent of the tax commissioner.
(E) No safe deposit company, trust company, financial
institution as defined in division (A) of section 5725.01 of the
Revised Code, or other corporation or person, having in
possession, control, or custody securities, assets, or other
property (including the shares of the capital stock of, or other
interest in, such safe deposit company, trust company, financial
institution as defined in division (A) of section 5725.01 of the
Revised Code, or other corporation), standing in the name of a
decedent, or in trust for a decedent, or in the name of a decedent
and another person or persons, and the transfer of which is
taxable under Chapter 5731. of the Revised Code, shall deliver or
transfer any such securities, assets, or other property which have
a value as of the date of decedent's death in excess of
three-fourths of the total value thereof, without the written
consent of the tax commissioner. The written consent of the tax
commissioner need not be obtained prior to the delivery or
transfer of any such securities, assets, or other property having
a value of three-fourths or less of said total value.
(F) No safe deposit company, financial institution as defined
in division (A) of section 5725.01 of the Revised Code, or other
corporation or person having possession or control of a safe
deposit box or similar receptacle standing in the name of a
decedent or in the name of the decedent and another person or
persons, or to which the decedent had a right of access, except
when such safe deposit box or other receptacle stands in the name
of a corporation or partnership, or in the name of the decedent as
guardian or executor, shall deliver any of the contents thereof
unless the safe deposit box or similar receptacle has been opened
and inventoried in the presence of the tax commissioner or the
commissioner's agent, and a written consent to transfer issued;
provided, however, that a safe deposit company, financial
institution, or other corporation or person having possession or
control of a safe deposit box may deliver wills, deeds to burial
lots, and insurance policies to a representative of the decedent,
but that a representative of the safe deposit company, financial
institution, or other corporation or person must supervise the
opening of the box and make a written record of the wills, deeds,
and policies removed. Such written record shall be included in the
tax commissioner's inventory records.
(G) Notwithstanding any provision of this section:
(1) The tax commissioner may authorize any delivery or
transfer or waive any of the foregoing requirements under such
terms and conditions as the commissioner may prescribe;
(2) An adult care facility, as defined in section 3722.01
5119.70 of the Revised Code, or a home, as defined in section
3721.10 of the Revised Code, may transfer or use the money in a
personal needs allowance account in accordance with section
5111.113 of the Revised Code without the written consent of the
tax commissioner, and without the account having been opened and
inventoried in the presence of the commissioner or the
commissioner's agent.
Failure to comply with this section shall render such safe
deposit company, trust company, life insurance company, financial
institution as defined in division (A) of section 5725.01 of the
Revised Code, or other corporation or person liable for the amount
of the taxes and interest due under the provisions of Chapter
5731. of the Revised Code on the transfer of such stock, deposit,
proceeds of an annuity or matured endowment contract or of a life
insurance contract payable to the estate of a decedent, or other
insurance contract taxable under Chapter 5731. of the Revised
Code, proceeds of any death benefit, retirement, pension, or
profit sharing plan in excess of two thousand dollars, or
securities, assets, or other property of any resident decedent,
and in addition thereto, to a penalty of not less than five
hundred or more than five thousand dollars.
Sec. 5733.0610. (A) A refundable corporation franchise tax
credit granted by the tax credit authority under section 122.17 or
division (B)(2) or (3) of section 122.171 of the Revised Code may
be claimed under this chapter in the order required under section
5733.98 of the Revised Code. For purposes of making tax payments
under this chapter, taxes equal to the amount of the refundable
credit shall be considered to be paid to this state on the first
day of the tax year. The refundable credit shall not be claimed
for any tax years following the calendar year in which a
relocation of employment positions occurs in violation of an
agreement entered into under section 122.171 of the Revised Code.
(B) A nonrefundable corporation franchise tax credit granted
by the tax credit authority under division (B)(1) of section
122.171 of the Revised Code may be claimed under this chapter in
the order required under section 5733.98 of the Revised Code.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general
revenue fund of the state, for the purpose of securing a thorough
and efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise tax
is hereby levied on each retail sale made in this state.
(A)(1) The tax shall be collected as provided in section
5739.025 of the Revised Code. The rate of the tax shall be five
and one-half per cent. The tax applies and is collectible when the
sale is made, regardless of the time when the price is paid or
delivered.
(2) In the case of the lease or rental, with a fixed term of
more than thirty days or an indefinite term with a minimum period
of more than thirty days, of any motor vehicles designed by the
manufacturer to carry a load of not more than one ton, watercraft,
outboard motor, or aircraft, or of any tangible personal property,
other than motor vehicles designed by the manufacturer to carry a
load of more than one ton, to be used by the lessee or renter
primarily for business purposes, the tax shall be collected by the
vendor at the time the lease or rental is consummated and shall be
calculated by the vendor on the basis of the total amount to be
paid by the lessee or renter under the lease agreement. If the
total amount of the consideration for the lease or rental includes
amounts that are not calculated at the time the lease or rental is
executed, the tax shall be calculated and collected by the vendor
at the time such amounts are billed to the lessee or renter. In
the case of an open-end lease or rental, the tax shall be
calculated by the vendor on the basis of the total amount to be
paid during the initial fixed term of the lease or rental, and for
each subsequent renewal period as it comes due. As used in this
division, "motor vehicle" has the same meaning as in section
4501.01 of the Revised Code, and "watercraft" includes an outdrive
unit attached to the watercraft.
A lease with a renewal clause and a termination penalty or
similar provision that applies if the renewal clause is not
exercised is presumed to be a sham transaction. In such a case,
the tax shall be calculated and paid on the basis of the entire
length of the lease period, including any renewal periods, until
the termination penalty or similar provision no longer applies.
The taxpayer shall bear the burden, by a preponderance of the
evidence, that the transaction or series of transactions is not a
sham transaction.
(3) Except as provided in division (A)(2) of this section, in
the case of a sale, the price of which consists in whole or in
part of the lease or rental of tangible personal property, the tax
shall be measured by the installments of that lease or rental.
(4) In the case of a sale of a physical fitness facility
service or recreation and sports club service, the price of which
consists in whole or in part of a membership for the receipt of
the benefit of the service, the tax applicable to the sale shall
be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political subdivisions,
or to any other state or its political subdivisions if the laws of
that state exempt from taxation sales made to this state and its
political subdivisions;
(2) Sales of food for human consumption off the premises
where sold;
(3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university;
(4) Sales of newspapers and of magazine subscriptions and
sales or transfers of magazines distributed as controlled
circulation publications;
(5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer records
the meals as part compensation for services performed or work
done;
(6) Sales of motor fuel upon receipt, use, distribution, or
sale of which in this state a tax is imposed by the law of this
state, but this exemption shall not apply to the sale of motor
fuel on which a refund of the tax is allowable under division (A)
of section 5735.14 of the Revised Code; and the tax commissioner
may deduct the amount of tax levied by this section applicable to
the price of motor fuel when granting a refund of motor fuel tax
pursuant to division (A) of section 5735.14 of the Revised Code
and shall cause the amount deducted to be paid into the general
revenue fund of this state;
(7) Sales of natural gas by a natural gas company, of water
by a water-works company, or of steam by a heating company, if in
each case the thing sold is delivered to consumers through pipes
or conduits, and all sales of communications services by a
telegraph company, all terms as defined in section 5727.01 of the
Revised Code, and sales of electricity delivered through wires;
(8) Casual sales by a person, or auctioneer employed directly
by the person to conduct such sales, except as to such sales of
motor vehicles, watercraft or outboard motors required to be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code;
(9)(a) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, and manufactured homes, by
churches, organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit
organizations operated exclusively for charitable purposes as
defined in division (B)(12) of this section, provided that the
number of days on which such tangible personal property or
services, other than items never subject to the tax, are sold does
not exceed six in any calendar year, except as otherwise provided
in division (B)(9)(b) of this section. If the number of days on
which such sales are made exceeds six in any calendar year, the
church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within a
church or within an organization shall be considered to be sales
of that church or organization.
(b) The limitation on the number of days on which tax-exempt
sales may be made by a church or organization under division
(B)(9)(a) of this section does not apply to sales made by student
clubs and other groups of students of a primary or secondary
school, or a parent-teacher association, booster group, or similar
organization that raises money to support or fund curricular or
extracurricular activities of a primary or secondary school.
(c) Divisions (B)(9)(a) and (b) of this section do not apply
to sales by a noncommercial educational radio or television
broadcasting station.
(10) Sales not within the taxing power of this state under
the Constitution of the United States;
(11) Except for transactions that are sales under division
(B)(3)(r) of section 5739.01 of the Revised Code, the
transportation of persons or property, unless the transportation
is by a private investigation and security service;
(12) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of the
Revised Code; and sales to organizations described in division (D)
of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness, disease,
or injury; the operation of an organization exclusively for the
provision of professional, laundry, printing, and purchasing
services to hospitals or charitable institutions; the operation of
a home for the aged, as defined in section 5701.13 of the Revised
Code; the operation of a radio or television broadcasting station
that is licensed by the federal communications commission as a
noncommercial educational radio or television station; the
operation of a nonprofit animal adoption service or a county
humane society; the promotion of education by an institution of
learning that maintains a faculty of qualified instructors,
teaches regular continuous courses of study, and confers a
recognized diploma upon completion of a specific curriculum; the
operation of a parent-teacher association, booster group, or
similar organization primarily engaged in the promotion and
support of the curricular or extracurricular activities of a
primary or secondary school; the operation of a community or area
center in which presentations in music, dramatics, the arts, and
related fields are made in order to foster public interest and
education therein; the production of performances in music,
dramatics, and the arts; or the promotion of education by an
organization engaged in carrying on research in, or the
dissemination of, scientific and technological knowledge and
information primarily for the public.
Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code.
(13) Building and construction materials and services sold to
construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision of this state, or with the
United States government or any of its agencies; building and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this state or any
of its political subdivisions, or by the United States government
or any of its agencies at the time of completion of the structures
or improvements; building and construction materials sold to
construction contractors for incorporation into a horticulture
structure or livestock structure for a person engaged in the
business of horticulture or producing livestock; building
materials and services sold to a construction contractor for
incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12) of this section; building
materials and services sold to a construction contractor for
incorporation into a building under a construction contract with
an organization exempt from taxation under section 501(c)(3) of
the Internal Revenue Code of 1986 when the building is to be used
exclusively for the organization's exempt purposes; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; building and construction materials and services
sold to a construction contractor for incorporation into real
property outside this state if such materials and services, when
sold to a construction contractor in the state in which the real
property is located for incorporation into real property in that
state, would be exempt from a tax on sales levied by that state;
and, until one calendar year after the construction of a
convention center that qualifies for property tax exemption under
section 5709.084 of the Revised Code is completed, building and
construction materials and services sold to a construction
contractor for incorporation into the real property comprising
that convention center;
(14) Sales of ships or vessels or rail rolling stock used or
to be used principally in interstate or foreign commerce, and
repairs, alterations, fuel, and lubricants for such ships or
vessels or rail rolling stock;
(15) Sales to persons primarily engaged in any of the
activities mentioned in division (B)(42)(a) or (g) of this
section, to persons engaged in making retail sales, or to persons
who purchase for sale from a manufacturer tangible personal
property that was produced by the manufacturer in accordance with
specific designs provided by the purchaser, of packages, including
material, labels, and parts for packages, and of machinery,
equipment, and material for use primarily in packaging tangible
personal property produced for sale, including any machinery,
equipment, and supplies used to make labels or packages, to
prepare packages or products for labeling, or to label packages or
products, by or on the order of the person doing the packaging, or
sold at retail. "Packages" includes bags, baskets, cartons,
crates, boxes, cans, bottles, bindings, wrappings, and other
similar devices and containers, but does not include motor
vehicles or bulk tanks, trailers, or similar devices attached to
motor vehicles. "Packaging" means placing in a package. Division
(B)(15) of this section does not apply to persons engaged in
highway transportation for hire.
(16) Sales of food to persons using supplemental nutrition
assistance program benefits to purchase the food. As used in this
division, "food" has the same meaning as in 7 U.S.C. 2012 and
federal regulations adopted pursuant to the Food and Nutrition Act
of 2008.
(17) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for use
or consumption in production; and of tangible personal property
for such use or consumption in the conditioning or holding of
products produced by and for such use, consumption, or sale by
persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18) Sales of drugs for a human being that may be dispensed
only pursuant to a prescription; insulin as recognized in the
official United States pharmacopoeia; urine and blood testing
materials when used by diabetics or persons with hypoglycemia to
test for glucose or acetone; hypodermic syringes and needles when
used by diabetics for insulin injections; epoetin alfa when
purchased for use in the treatment of persons with medical
disease; hospital beds when purchased by hospitals, nursing homes,
or other medical facilities; and medical oxygen and medical
oxygen-dispensing equipment when purchased by hospitals, nursing
homes, or other medical facilities;
(19) Sales of prosthetic devices, durable medical equipment
for home use, or mobility enhancing equipment, when made pursuant
to a prescription and when such devices or equipment are for use
by a human being.
(20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services, including trauma care and
emergency medical services, for political subdivisions of the
state;
(21) Sales of tangible personal property manufactured in this
state, if sold by the manufacturer in this state to a retailer for
use in the retail business of the retailer outside of this state
and if possession is taken from the manufacturer by the purchaser
within this state for the sole purpose of immediately removing the
same from this state in a vehicle owned by the purchaser;
(22) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities, institutions,
or authorities, or by governmental entities of the state or any of
its political subdivisions, agencies, instrumentalities,
institutions, or authorities;
(23) Sales of motor vehicles to nonresidents of this state
under the circumstances described in division (B) of section
5739.029 of the Revised Code;
(24) Sales to persons engaged in the preparation of eggs for
sale of tangible personal property used or consumed directly in
such preparation, including such tangible personal property used
for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation equipment
and parts therefor, except motor vehicles licensed to operate on
public highways, used in intraplant or interplant transfers or
shipment of eggs in the process of preparation for sale, when the
plant or plants within or between which such transfers or
shipments occur are operated by the same person. "Packages"
includes containers, cases, baskets, flats, fillers, filler flats,
cartons, closure materials, labels, and labeling materials, and
"packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice;
(b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing.
(26) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code;
(27) Sales to persons licensed to conduct a food service
operation pursuant to section 3717.43 of the Revised Code, of
tangible personal property primarily used directly for the
following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared for
human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer;
(c) To clean tangible personal property used to prepare or
serve food for human consumption for sale.
(28) Sales of animals by nonprofit animal adoption services
or county humane societies;
(29) Sales of services to a corporation described in division
(A) of section 5709.72 of the Revised Code, and sales of tangible
personal property that qualifies for exemption from taxation under
section 5709.72 of the Revised Code;
(30) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code;
(31) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code;
(32) The sale, lease, repair, and maintenance of, parts for,
or items attached to or incorporated in, motor vehicles that are
primarily used for transporting tangible personal property
belonging to others by a person engaged in highway transportation
for hire, except for packages and packaging used for the
transportation of tangible personal property;
(33) Sales to the state headquarters of any veterans'
organization in this state that is either incorporated and issued
a charter by the congress of the United States or is recognized by
the United States veterans administration, for use by the
headquarters;
(34) Sales to a telecommunications service vendor, mobile
telecommunications service vendor, or satellite broadcasting
service vendor of tangible personal property and services used
directly and primarily in transmitting, receiving, switching, or
recording any interactive, one- or two-way electromagnetic
communications, including voice, image, data, and information,
through the use of any medium, including, but not limited to,
poles, wires, cables, switching equipment, computers, and record
storage devices and media, and component parts for the tangible
personal property. The exemption provided in this division shall
be in lieu of all other exemptions under division (B)(42)(a) of
this section to which the vendor may otherwise be entitled, based
upon the use of the thing purchased in providing the
telecommunications, mobile telecommunications, or satellite
broadcasting service.
(35)(a) Sales where the purpose of the consumer is to use or
consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers, gift
certificates, or other advertising material that prices and
describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(35)(a) of this section; and of equipment
such as telephones, computers, facsimile machines, and similar
tangible personal property primarily used to accept orders for
direct marketing retail sales.
(c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by refrigeration
and dispense it to the consumer.
For purposes of division (B)(35) of this section, "direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships the
tangible personal property sold to the consumer from a warehouse,
catalogue distribution center, or similar fulfillment facility by
means of the United States mail, delivery service, or common
carrier.
(36) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock structure;
(37) Sales of personal computers, computer monitors, computer
keyboards, modems, and other peripheral computer equipment to an
individual who is licensed or certified to teach in an elementary
or a secondary school in this state for use by that individual in
preparation for teaching elementary or secondary school students;
(38) Sales to a professional racing team of any of the
following:
(a) Motor racing vehicles;
(b) Repair services for motor racing vehicles;
(c) Items of property that are attached to or incorporated in
motor racing vehicles, including engines, chassis, and all other
components of the vehicles, and all spare, replacement, and
rebuilt parts or components of the vehicles; except not including
tires, consumable fluids, paint, and accessories consisting of
instrumentation sensors and related items added to the vehicle to
collect and transmit data by means of telemetry and other forms of
communication.
(39) Sales of used manufactured homes and used mobile homes,
as defined in section 5739.0210 of the Revised Code, made on or
after January 1, 2000;
(40) Sales of tangible personal property and services to a
provider of electricity used or consumed directly and primarily in
generating, transmitting, or distributing electricity for use by
others, including property that is or is to be incorporated into
and will become a part of the consumer's production, transmission,
or distribution system and that retains its classification as
tangible personal property after incorporation; fuel or power used
in the production, transmission, or distribution of electricity;
energy conversion equipment as defined in section 5727.01 of the
Revised Code; and tangible personal property and services used in
the repair and maintenance of the production, transmission, or
distribution system, including only those motor vehicles as are
specially designed and equipped for such use. The exemption
provided in this division shall be in lieu of all other exemptions
in division (B)(42)(a) of this section to which a provider of
electricity may otherwise be entitled based on the use of the
tangible personal property or service purchased in generating,
transmitting, or distributing electricity.
(41) Sales to a person providing services under division
(B)(3)(r) of section 5739.01 of the Revised Code of tangible
personal property and services used directly and primarily in
providing taxable services under that section.
(42) Sales where the purpose of the purchaser is to do any of
the following:
(a) To incorporate the thing transferred as a material or a
part into tangible personal property to be produced for sale by
manufacturing, assembling, processing, or refining; or to use or
consume the thing transferred directly in producing tangible
personal property for sale by mining, including, without
limitation, the extraction from the earth of all substances that
are classed geologically as minerals, production of crude oil and
natural gas, farming, agriculture, horticulture, or floriculture,
or directly in the rendition of a public utility service, except
that the sales tax levied by this section shall be collected upon
all meals, drinks, and food for human consumption sold when
transporting persons. Persons engaged in rendering farming,
agricultural, horticultural, or floricultural services, and
services in the exploration for, and production of, crude oil and
natural gas, for others are deemed engaged directly in farming,
agriculture, horticulture, and floriculture, or exploration for,
and production of, crude oil and natural gas. This paragraph does
not exempt from "retail sale" or "sales at retail" the sale of
tangible personal property that is to be incorporated into a
structure or improvement to real property.
(b) To hold the thing transferred as security for the
performance of an obligation of the vendor;
(c) To resell, hold, use, or consume the thing transferred as
evidence of a contract of insurance;
(d) To use or consume the thing directly in commercial
fishing;
(e) To incorporate the thing transferred as a material or a
part into, or to use or consume the thing transferred directly in
the production of, magazines distributed as controlled circulation
publications;
(f) To use or consume the thing transferred in the production
and preparation in suitable condition for market and sale of
printed, imprinted, overprinted, lithographic, multilithic,
blueprinted, photostatic, or other productions or reproductions of
written or graphic matter;
(g) To use the thing transferred, as described in section
5739.011 of the Revised Code, primarily in a manufacturing
operation to produce tangible personal property for sale;
(h) To use the benefit of a warranty, maintenance or service
contract, or similar agreement, as described in division (B)(7) of
section 5739.01 of the Revised Code, to repair or maintain
tangible personal property, if all of the property that is the
subject of the warranty, contract, or agreement would not be
subject to the tax imposed by this section;
(i) To use the thing transferred as qualified research and
development equipment;
(j) To use or consume the thing transferred primarily in
storing, transporting, mailing, or otherwise handling purchased
sales inventory in a warehouse, distribution center, or similar
facility when the inventory is primarily distributed outside this
state to retail stores of the person who owns or controls the
warehouse, distribution center, or similar facility, to retail
stores of an affiliated group of which that person is a member, or
by means of direct marketing. This division does not apply to
motor vehicles registered for operation on the public highways. As
used in this division, "affiliated group" has the same meaning as
in division (B)(3)(e) of section 5739.01 of the Revised Code and
"direct marketing" has the same meaning as in division (B)(35) of
this section.
(k) To use or consume the thing transferred to fulfill a
contractual obligation incurred by a warrantor pursuant to a
warranty provided as a part of the price of the tangible personal
property sold or by a vendor of a warranty, maintenance or service
contract, or similar agreement the provision of which is defined
as a sale under division (B)(7) of section 5739.01 of the Revised
Code;
(l) To use or consume the thing transferred in the production
of a newspaper for distribution to the public;
(m) To use tangible personal property to perform a service
listed in division (B)(3) of section 5739.01 of the Revised Code,
if the property is or is to be permanently transferred to the
consumer of the service as an integral part of the performance of
the service;
(n) To use or consume the thing transferred in acquiring,
formatting, editing, storing, and disseminating data or
information by electronic publishing.
As used in division (B)(42) of this section, "thing" includes
all transactions included in divisions (B)(3)(a), (b), and (e) of
section 5739.01 of the Revised Code.
(43) Sales conducted through a coin operated device that
activates vacuum equipment or equipment that dispenses water,
whether or not in combination with soap or other cleaning agents
or wax, to the consumer for the consumer's use on the premises in
washing, cleaning, or waxing a motor vehicle, provided no other
personal property or personal service is provided as part of the
transaction.
(44) Sales of replacement and modification parts for engines,
airframes, instruments, and interiors in, and paint for, aircraft
used primarily in a fractional aircraft ownership program, and
sales of services for the repair, modification, and maintenance of
such aircraft, and machinery, equipment, and supplies primarily
used to provide those services.
(45) Sales of telecommunications service that is used
directly and primarily to perform the functions of a call center.
As used in this division, "call center" means any physical
location where telephone calls are placed or received in high
volume for the purpose of making sales, marketing, customer
service, technical support, or other specialized business
activity, and that employs at least fifty individuals that engage
in call center activities on a full-time basis, or sufficient
individuals to fill fifty full-time equivalent positions.
(46) Sales by a telecommunications service vendor of 900
service to a subscriber. This division does not apply to
information services, as defined in division (FF) of section
5739.01 of the Revised Code.
(47) Sales of value-added non-voice data service. This
division does not apply to any similar service that is not
otherwise a telecommunications service.
(48)(a) Sales of machinery, equipment, and software to a
qualified direct selling entity for use in a warehouse or
distribution center primarily for storing, transporting, or
otherwise handling inventory that is held for sale to independent
salespersons who operate as direct sellers and that is held
primarily for distribution outside this state;
(b) As used in division (B)(48)(a) of this section:
(i) "Direct seller" means a person selling consumer products
to individuals for personal or household use and not from a fixed
retail location, including selling such product at in-home product
demonstrations, parties, and other one-on-one selling.
(ii) "Qualified direct selling entity" means an entity
selling to direct sellers at the time the entity enters into a tax
credit agreement with the tax credit authority pursuant to section
122.17 of the Revised Code, provided that the agreement was
entered into on or after January 1, 2007. Neither contingencies
relevant to the granting of, nor later developments with respect
to, the tax credit shall impair the status of the qualified direct
selling entity under division (B)(48) of this section after
execution of the tax credit agreement by the tax credit authority.
(c) Division (B)(48) of this section is limited to
machinery, equipment, and software first stored, used, or consumed
in this state within the period commencing June 24, 2008, and
ending on the date that is five years after that date.
(49) Sales of materials, parts, equipment, or engines used in
the repair or maintenance of aircraft or avionics systems of such
aircraft, and sales of repair, remodeling, replacement, or
maintenance services in this state performed on aircraft or on an
aircraft's avionics, engine, or component materials or parts. As
used in division (B)(49) of this section, "aircraft" means
aircraft of more than six thousand pounds maximum certified
takeoff weight or used exclusively in general aviation.
(50) Sales of full flight simulators that are used for pilot
or flight-crew training, sales of repair or replacement parts or
components, and sales of repair or maintenance services for such
full flight simulators. "Full flight simulator" means a replica of
a specific type, or make, model, and series of aircraft cockpit.
It includes the assemblage of equipment and computer programs
necessary to represent aircraft operations in ground and flight
conditions, a visual system providing an out-of-the-cockpit view,
and a system that provides cues at least equivalent to those of a
three-degree-of-freedom motion system, and has the full range of
capabilities of the systems installed in the device as described
in appendices A and B of part 60 of chapter 1 of title 14 of the
Code of Federal Regulations.
(51) Any transfer or lease of tangible personal property
between the state and a successful proposer in accordance with
sections 126.60 to 126.605 of the Revised Code, provided the
property is part of a project as defined in section 126.60 of the
Revised Code and the state retains ownership of the project or
part thereof that is being transferred or leased, between the
state and JobsOhio in accordance with section 4313.02 of the
Revised Code, or between the department of rehabilitation and
correction and a contractor in accordance with division (J) of
section 9.06 of the Revised Code.
(C) For the purpose of the proper administration of this
chapter, and to prevent the evasion of the tax, it is presumed
that all sales made in this state are subject to the tax until the
contrary is established.
(D) The levy of this tax on retail sales of recreation and
sports club service shall not prevent a municipal corporation from
levying any tax on recreation and sports club dues or on any
income generated by recreation and sports club dues.
(E) The tax collected by the vendor from the consumer under
this chapter is not part of the price, but is a tax collection for
the benefit of the state, and of counties levying an additional
sales tax pursuant to section 5739.021 or 5739.026 of the Revised
Code and of transit authorities levying an additional sales tax
pursuant to section 5739.023 of the Revised Code. Except for the
discount authorized under section 5739.12 of the Revised Code and
the effects of any rounding pursuant to section 5703.055 of the
Revised Code, no person other than the state or such a county or
transit authority shall derive any benefit from the collection or
payment of the tax levied by this section or section 5739.021,
5739.023, or 5739.026 of the Revised Code.
Sec. 5747.01. Except as otherwise expressly provided or
clearly appearing from the context, any term used in this chapter
that is not otherwise defined in this section has the same meaning
as when used in a comparable context in the laws of the United
States relating to federal income taxes or if not used in a
comparable context in those laws, has the same meaning as in
section 5733.40 of the Revised Code. Any reference in this chapter
to the Internal Revenue Code includes other laws of the United
States relating to federal income taxes.
(A) "Adjusted gross income" or "Ohio adjusted gross income"
means federal adjusted gross income, as defined and used in the
Internal Revenue Code, adjusted as provided in this section:
(1) Add interest or dividends on obligations or securities of
any state or of any political subdivision or authority of any
state, other than this state and its subdivisions and authorities.
(2) Add interest or dividends on obligations of any
authority, commission, instrumentality, territory, or possession
of the United States to the extent that the interest or dividends
are exempt from federal income taxes but not from state income
taxes.
(3) Deduct interest or dividends on obligations of the United
States and its territories and possessions or of any authority,
commission, or instrumentality of the United States to the extent
that the interest or dividends are included in federal adjusted
gross income but exempt from state income taxes under the laws of
the United States.
(4) Deduct disability and survivor's benefits to the extent
included in federal adjusted gross income.
(5) Deduct benefits under Title II of the Social Security Act
and tier 1 railroad retirement benefits to the extent included in
federal adjusted gross income under section 86 of the Internal
Revenue Code.
(6) In the case of a taxpayer who is a beneficiary of a trust
that makes an accumulation distribution as defined in section 665
of the Internal Revenue Code, add, for the beneficiary's taxable
years beginning before 2002, the portion, if any, of such
distribution that does not exceed the undistributed net income of
the trust for the three taxable years preceding the taxable year
in which the distribution is made to the extent that the portion
was not included in the trust's taxable income for any of the
trust's taxable years beginning in 2002 or thereafter.
"Undistributed net income of a trust" means the taxable income of
the trust increased by (a)(i) the additions to adjusted gross
income required under division (A) of this section and (ii) the
personal exemptions allowed to the trust pursuant to section
642(b) of the Internal Revenue Code, and decreased by (b)(i) the
deductions to adjusted gross income required under division (A) of
this section, (ii) the amount of federal income taxes attributable
to such income, and (iii) the amount of taxable income that has
been included in the adjusted gross income of a beneficiary by
reason of a prior accumulation distribution. Any undistributed net
income included in the adjusted gross income of a beneficiary
shall reduce the undistributed net income of the trust commencing
with the earliest years of the accumulation period.
(7) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal adjusted gross
income for the taxable year, had the targeted jobs credit allowed
and determined under sections 38, 51, and 52 of the Internal
Revenue Code not been in effect.
(8) Deduct any interest or interest equivalent on public
obligations and purchase obligations to the extent that the
interest or interest equivalent is included in federal adjusted
gross income.
(9) Add any loss or deduct any gain resulting from the sale,
exchange, or other disposition of public obligations to the extent
that the loss has been deducted or the gain has been included in
computing federal adjusted gross income.
(10) Deduct or add amounts, as provided under section 5747.70
of the Revised Code, related to contributions to variable college
savings program accounts made or tuition units purchased pursuant
to Chapter 3334. of the Revised Code.
(11)(a) Deduct, to the extent not otherwise allowable as a
deduction or exclusion in computing federal or Ohio adjusted gross
income for the taxable year, the amount the taxpayer paid during
the taxable year for medical care insurance and qualified
long-term care insurance for the taxpayer, the taxpayer's spouse,
and dependents. No deduction for medical care insurance under
division (A)(11) of this section shall be allowed either to any
taxpayer who is eligible to participate in any subsidized health
plan maintained by any employer of the taxpayer or of the
taxpayer's spouse, or to any taxpayer who is entitled to, or on
application would be entitled to, benefits under part A of Title
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.
301, as amended. For the purposes of division (A)(11)(a) of this
section, "subsidized health plan" means a health plan for which
the employer pays any portion of the plan's cost. The deduction
allowed under division (A)(11)(a) of this section shall be the net
of any related premium refunds, related premium reimbursements, or
related insurance premium dividends received during the taxable
year.
(b) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income during the
taxable year, the amount the taxpayer paid during the taxable
year, not compensated for by any insurance or otherwise, for
medical care of the taxpayer, the taxpayer's spouse, and
dependents, to the extent the expenses exceed seven and one-half
per cent of the taxpayer's federal adjusted gross income.
(c) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income, any amount
included in federal adjusted gross income under section 105 or not
excluded under section 106 of the Internal Revenue Code solely
because it relates to an accident and health plan for a person who
otherwise would be a "qualifying relative" and thus a "dependent"
under section 152 of the Internal Revenue Code but for the fact
that the person fails to meet the income and support limitations
under section 152(d)(1)(B) and (C) of the Internal Revenue Code.
(d) For purposes of division (A)(11) of this section,
"medical care" has the meaning given in section 213 of the
Internal Revenue Code, subject to the special rules, limitations,
and exclusions set forth therein, and "qualified long-term care"
has the same meaning given in section 7702B(c) of the Internal
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c)
of this section, "dependent" includes a person who otherwise would
be a "qualifying relative" and thus a "dependent" under section
152 of the Internal Revenue Code but for the fact that the person
fails to meet the income and support limitations under section
152(d)(1)(B) and (C) of the Internal Revenue Code.
(12)(a) Deduct any amount included in federal adjusted gross
income solely because the amount represents a reimbursement or
refund of expenses that in any year the taxpayer had deducted as
an itemized deduction pursuant to section 63 of the Internal
Revenue Code and applicable United States department of the
treasury regulations. The deduction otherwise allowed under
division (A)(12)(a) of this section shall be reduced to the extent
the reimbursement is attributable to an amount the taxpayer
deducted under this section in any taxable year.
(b) Add any amount not otherwise included in Ohio adjusted
gross income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio adjusted gross
income in any taxable year.
(13) Deduct any portion of the deduction described in section
1341(a)(2) of the Internal Revenue Code, for repaying previously
reported income received under a claim of right, that meets both
of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's adjusted gross income for a prior
taxable year and did not qualify for a credit under division (A)
or (B) of section 5747.05 of the Revised Code for that year;
(b) It does not otherwise reduce the taxpayer's adjusted
gross income for the current or any other taxable year.
(14) Deduct an amount equal to the deposits made to, and net
investment earnings of, a medical savings account during the
taxable year, in accordance with section 3924.66 of the Revised
Code. The deduction allowed by division (A)(14) of this section
does not apply to medical savings account deposits and earnings
otherwise deducted or excluded for the current or any other
taxable year from the taxpayer's federal adjusted gross income.
(15)(a) Add an amount equal to the funds withdrawn from a
medical savings account during the taxable year, and the net
investment earnings on those funds, when the funds withdrawn were
used for any purpose other than to reimburse an account holder
for, or to pay, eligible medical expenses, in accordance with
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings
account under division (A)(2) of section 3924.68 of the Revised
Code during the taxable year.
(16) Add any amount claimed as a credit under section
5747.059 of the Revised Code to the extent that such amount
satisfies either of the following:
(a) The amount was deducted or excluded from the computation
of the taxpayer's federal adjusted gross income as required to be
reported for the taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's
federal adjusted gross income as required to be reported for any
of the taxpayer's taxable years under the Internal Revenue Code.
(17) Deduct the amount contributed by the taxpayer to an
individual development account program established by a county
department of job and family services pursuant to sections 329.11
to 329.14 of the Revised Code for the purpose of matching funds
deposited by program participants. On request of the tax
commissioner, the taxpayer shall provide any information that, in
the tax commissioner's opinion, is necessary to establish the
amount deducted under division (A)(17) of this section.
(18) Beginning in taxable year 2001 but not for any taxable
year beginning after December 31, 2005, if the taxpayer is married
and files a joint return and the combined federal adjusted gross
income of the taxpayer and the taxpayer's spouse for the taxable
year does not exceed one hundred thousand dollars, or if the
taxpayer is single and has a federal adjusted gross income for the
taxable year not exceeding fifty thousand dollars, deduct amounts
paid during the taxable year for qualified tuition and fees paid
to an eligible institution for the taxpayer, the taxpayer's
spouse, or any dependent of the taxpayer, who is a resident of
this state and is enrolled in or attending a program that
culminates in a degree or diploma at an eligible institution. The
deduction may be claimed only to the extent that qualified tuition
and fees are not otherwise deducted or excluded for any taxable
year from federal or Ohio adjusted gross income. The deduction may
not be claimed for educational expenses for which the taxpayer
claims a credit under section 5747.27 of the Revised Code.
(19) Add any reimbursement received during the taxable year
of any amount the taxpayer deducted under division (A)(18) of this
section in any previous taxable year to the extent the amount is
not otherwise included in Ohio adjusted gross income.
(20)(a)(i) Add five-sixths of the amount of depreciation
expense allowed by subsection (k) of section 168 of the Internal
Revenue Code, including the taxpayer's proportionate or
distributive share of the amount of depreciation expense allowed
by that subsection to a pass-through entity in which the taxpayer
has a direct or indirect ownership interest.
(ii) Add five-sixths of the amount of qualifying section 179
depreciation expense, including a person's proportionate or
distributive share of the amount of qualifying section 179
depreciation expense allowed to any pass-through entity in which
the person has a direct or indirect ownership. For the purposes of
this division, "qualifying section 179 depreciation expense" means
the difference between (I) the amount of depreciation expense
directly or indirectly allowed to the taxpayer under section 179
of the Internal Revenue Code, and (II) the amount of depreciation
expense directly or indirectly allowed to the taxpayer under
section 179 of the Internal Revenue Code as that section existed
on December 31, 2002.
The tax commissioner, under procedures established by the
commissioner, may waive the add-backs related to a pass-through
entity if the taxpayer owns, directly or indirectly, less than
five per cent of the pass-through entity.
(b) Nothing in division (A)(20) of this section shall be
construed to adjust or modify the adjusted basis of any asset.
(c) To the extent the add-back required under division
(A)(20)(a) of this section is attributable to property generating
nonbusiness income or loss allocated under section 5747.20 of the
Revised Code, the add-back shall be sitused to the same location
as the nonbusiness income or loss generated by the property for
the purpose of determining the credit under division (A) of
section 5747.05 of the Revised Code. Otherwise, the add-back shall
be apportioned, subject to one or more of the four alternative
methods of apportionment enumerated in section 5747.21 of the
Revised Code.
(d) For the purposes of division (A) of this section, net
operating loss carryback and carryforward shall not include
five-sixths of the allowance of any net operating loss deduction
carryback or carryforward to the taxable year to the extent such
loss resulted from depreciation allowed by section 168(k) of the
Internal Revenue Code and by the qualifying section 179
depreciation expense amount.
(21)(a) If the taxpayer was required to add an amount under
division (A)(20)(a) of this section for a taxable year, deduct
one-fifth of the amount so added for each of the five succeeding
taxable years.
(b) If the amount deducted under division (A)(21)(a) of this
section is attributable to an add-back allocated under division
(A)(20)(c) of this section, the amount deducted shall be sitused
to the same location. Otherwise, the add-back shall be apportioned
using the apportionment factors for the taxable year in which the
deduction is taken, subject to one or more of the four alternative
methods of apportionment enumerated in section 5747.21 of the
Revised Code.
(c) No deduction is available under division (A)(21)(a) of
this section with regard to any depreciation allowed by section
168(k) of the Internal Revenue Code and by the qualifying section
179 depreciation expense amount to the extent that such
depreciation resulted in or increased a federal net operating loss
carryback or carryforward to a taxable year to which division
(A)(20)(d) of this section does not apply.
(22) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year as
reimbursement for life insurance premiums under section 5919.31 of
the Revised Code.
(23) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year as
a death benefit paid by the adjutant general under section 5919.33
of the Revised Code.
(24) Deduct, to the extent included in federal adjusted gross
income and not otherwise allowable as a deduction or exclusion in
computing federal or Ohio adjusted gross income for the taxable
year, military pay and allowances received by the taxpayer during
the taxable year for active duty service in the United States
army, air force, navy, marine corps, or coast guard or reserve
components thereof or the national guard. The deduction may not be
claimed for military pay and allowances received by the taxpayer
while the taxpayer is stationed in this state.
(25) Deduct, to the extent not otherwise allowable as a
deduction or exclusion in computing federal or Ohio adjusted gross
income for the taxable year and not otherwise compensated for by
any other source, the amount of qualified organ donation expenses
incurred by the taxpayer during the taxable year, not to exceed
ten thousand dollars. A taxpayer may deduct qualified organ
donation expenses only once for all taxable years beginning with
taxable years beginning in 2007.
For the purposes of division (A)(25) of this section:
(a) "Human organ" means all or any portion of a human liver,
pancreas, kidney, intestine, or lung, and any portion of human
bone marrow.
(b) "Qualified organ donation expenses" means travel
expenses, lodging expenses, and wages and salary forgone by a
taxpayer in connection with the taxpayer's donation, while living,
of one or more of the taxpayer's human organs to another human
being.
(26) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, amounts received by the taxpayer as retired military
personnel pay for service in the United States army, navy, air
force, coast guard, or marine corps or reserve components thereof,
or the national guard, or received by the surviving spouse or
former spouse of such a taxpayer under the survivor benefit plan
on account of such a taxpayer's death. If the taxpayer receives
income on account of retirement paid under the federal civil
service retirement system or federal employees retirement system,
or under any successor retirement program enacted by the congress
of the United States that is established and maintained for
retired employees of the United States government, and such
retirement income is based, in whole or in part, on credit for the
taxpayer's military service, the deduction allowed under this
division shall include only that portion of such retirement income
that is attributable to the taxpayer's military service, to the
extent that portion of such retirement income is otherwise
included in federal adjusted gross income and is not otherwise
deducted under this section. Any amount deducted under division
(A)(26) of this section is not included in a taxpayer's adjusted
gross income for the purposes of section 5747.055 of the Revised
Code. No amount may be deducted under division (A)(26) of this
section on the basis of which a credit was claimed under section
5747.055 of the Revised Code.
(27) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received during the taxable year
from the military injury relief fund created in section 5101.98 of
the Revised Code.
(28) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, the amount the taxpayer received as a veterans bonus during
the taxable year from the Ohio department of veterans services as
authorized by Section 2r of Article VIII, Ohio Constitution.
(29) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, any loss from wagering transactions that is allowed as an
itemized deduction under section 165 of the Internal Revenue Code
and that the taxpayer deducted in computing federal taxable
income.
(30) Deduct, to the extent not otherwise deducted or excluded
in computing federal or Ohio adjusted gross income for the taxable
year, any income derived from providing public services under a
contract through a project owned by the state, as described in
section 126.604 of the Revised Code or derived from a contract
entered into under section 9.06 of the Revised Code and described
in division (J) of that section, or derived from a transfer
agreement or from the enterprise transferred under that agreement
under section 4313.02 of the Revised Code.
(B) "Business income" means income, including gain or loss,
arising from transactions, activities, and sources in the regular
course of a trade or business and includes income, gain, or loss
from real property, tangible property, and intangible property if
the acquisition, rental, management, and disposition of the
property constitute integral parts of the regular course of a
trade or business operation. "Business income" includes income,
including gain or loss, from a partial or complete liquidation of
a business, including, but not limited to, gain or loss from the
sale or other disposition of goodwill.
(C) "Nonbusiness income" means all income other than business
income and may include, but is not limited to, compensation, rents
and royalties from real or tangible personal property, capital
gains, interest, dividends and distributions, patent or copyright
royalties, or lottery winnings, prizes, and awards.
(D) "Compensation" means any form of remuneration paid to an
employee for personal services.
(E) "Fiduciary" means a guardian, trustee, executor,
administrator, receiver, conservator, or any other person acting
in any fiduciary capacity for any individual, trust, or estate.
(F) "Fiscal year" means an accounting period of twelve months
ending on the last day of any month other than December.
(G) "Individual" means any natural person.
(H) "Internal Revenue Code" means the "Internal Revenue Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(I) "Resident" means any of the following, provided that
division (I)(3) of this section applies only to taxable years of a
trust beginning in 2002 or thereafter:
(1) An individual who is domiciled in this state, subject to
section 5747.24 of the Revised Code;
(2) The estate of a decedent who at the time of death was
domiciled in this state. The domicile tests of section 5747.24 of
the Revised Code are not controlling for purposes of division
(I)(2) of this section.
(3) A trust that, in whole or part, resides in this state. If
only part of a trust resides in this state, the trust is a
resident only with respect to that part.
For the purposes of division (I)(3) of this section:
(a) A trust resides in this state for the trust's current
taxable year to the extent, as described in division (I)(3)(d) of
this section, that the trust consists directly or indirectly, in
whole or in part, of assets, net of any related liabilities, that
were transferred, or caused to be transferred, directly or
indirectly, to the trust by any of the following:
(i) A person, a court, or a governmental entity or
instrumentality on account of the death of a decedent, but only if
the trust is described in division (I)(3)(e)(i) or (ii) of this
section;
(ii) A person who was domiciled in this state for the
purposes of this chapter when the person directly or indirectly
transferred assets to an irrevocable trust, but only if at least
one of the trust's qualifying beneficiaries is domiciled in this
state for the purposes of this chapter during all or some portion
of the trust's current taxable year;
(iii) A person who was domiciled in this state for the
purposes of this chapter when the trust document or instrument or
part of the trust document or instrument became irrevocable, but
only if at least one of the trust's qualifying beneficiaries is a
resident domiciled in this state for the purposes of this chapter
during all or some portion of the trust's current taxable year. If
a trust document or instrument became irrevocable upon the death
of a person who at the time of death was domiciled in this state
for purposes of this chapter, that person is a person described in
division (I)(3)(a)(iii) of this section.
(b) A trust is irrevocable to the extent that the transferor
is not considered to be the owner of the net assets of the trust
under sections 671 to 678 of the Internal Revenue Code.
(c) With respect to a trust other than a charitable lead
trust, "qualifying beneficiary" has the same meaning as "potential
current beneficiary" as defined in section 1361(e)(2) of the
Internal Revenue Code, and with respect to a charitable lead trust
"qualifying beneficiary" is any current, future, or contingent
beneficiary, but with respect to any trust "qualifying
beneficiary" excludes a person or a governmental entity or
instrumentality to any of which a contribution would qualify for
the charitable deduction under section 170 of the Internal Revenue
Code.
(d) For the purposes of division (I)(3)(a) of this section,
the extent to which a trust consists directly or indirectly, in
whole or in part, of assets, net of any related liabilities, that
were transferred directly or indirectly, in whole or part, to the
trust by any of the sources enumerated in that division shall be
ascertained by multiplying the fair market value of the trust's
assets, net of related liabilities, by the qualifying ratio, which
shall be computed as follows:
(i) The first time the trust receives assets, the numerator
of the qualifying ratio is the fair market value of those assets
at that time, net of any related liabilities, from sources
enumerated in division (I)(3)(a) of this section. The denominator
of the qualifying ratio is the fair market value of all the
trust's assets at that time, net of any related liabilities.
(ii) Each subsequent time the trust receives assets, a
revised qualifying ratio shall be computed. The numerator of the
revised qualifying ratio is the sum of (1) the fair market value
of the trust's assets immediately prior to the subsequent
transfer, net of any related liabilities, multiplied by the
qualifying ratio last computed without regard to the subsequent
transfer, and (2) the fair market value of the subsequently
transferred assets at the time transferred, net of any related
liabilities, from sources enumerated in division (I)(3)(a) of this
section. The denominator of the revised qualifying ratio is the
fair market value of all the trust's assets immediately after the
subsequent transfer, net of any related liabilities.
(iii) Whether a transfer to the trust is by or from any of
the sources enumerated in division (I)(3)(a) of this section shall
be ascertained without regard to the domicile of the trust's
beneficiaries.
(e) For the purposes of division (I)(3)(a)(i) of this
section:
(i) A trust is described in division (I)(3)(e)(i) of this
section if the trust is a testamentary trust and the testator of
that testamentary trust was domiciled in this state at the time of
the testator's death for purposes of the taxes levied under
Chapter 5731. of the Revised Code.
(ii) A trust is described in division (I)(3)(e)(ii) of this
section if the transfer is a qualifying transfer described in any
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an
irrevocable inter vivos trust, and at least one of the trust's
qualifying beneficiaries is domiciled in this state for purposes
of this chapter during all or some portion of the trust's current
taxable year.
(f) For the purposes of division (I)(3)(e)(ii) of this
section, a "qualifying transfer" is a transfer of assets, net of
any related liabilities, directly or indirectly to a trust, if the
transfer is described in any of the following:
(i) The transfer is made to a trust, created by the decedent
before the decedent's death and while the decedent was domiciled
in this state for the purposes of this chapter, and, prior to the
death of the decedent, the trust became irrevocable while the
decedent was domiciled in this state for the purposes of this
chapter.
(ii) The transfer is made to a trust to which the decedent,
prior to the decedent's death, had directly or indirectly
transferred assets, net of any related liabilities, while the
decedent was domiciled in this state for the purposes of this
chapter, and prior to the death of the decedent the trust became
irrevocable while the decedent was domiciled in this state for the
purposes of this chapter.
(iii) The transfer is made on account of a contractual
relationship existing directly or indirectly between the
transferor and either the decedent or the estate of the decedent
at any time prior to the date of the decedent's death, and the
decedent was domiciled in this state at the time of death for
purposes of the taxes levied under Chapter 5731. of the Revised
Code.
(iv) The transfer is made to a trust on account of a
contractual relationship existing directly or indirectly between
the transferor and another person who at the time of the
decedent's death was domiciled in this state for purposes of this
chapter.
(v) The transfer is made to a trust on account of the will of
a testator who was domiciled in this state at the time of the
testator's death for purposes of the taxes levied under Chapter
5731. of the Revised Code.
(vi) The transfer is made to a trust created by or caused to
be created by a court, and the trust was directly or indirectly
created in connection with or as a result of the death of an
individual who, for purposes of the taxes levied under Chapter
5731. of the Revised Code, was domiciled in this state at the time
of the individual's death.
(g) The tax commissioner may adopt rules to ascertain the
part of a trust residing in this state.
(J) "Nonresident" means an individual or estate that is not a
resident. An individual who is a resident for only part of a
taxable year is a nonresident for the remainder of that taxable
year.
(K) "Pass-through entity" has the same meaning as in section
5733.04 of the Revised Code.
(L) "Return" means the notifications and reports required to
be filed pursuant to this chapter for the purpose of reporting the
tax due and includes declarations of estimated tax when so
required.
(M) "Taxable year" means the calendar year or the taxpayer's
fiscal year ending during the calendar year, or fractional part
thereof, upon which the adjusted gross income is calculated
pursuant to this chapter.
(N) "Taxpayer" means any person subject to the tax imposed by
section 5747.02 of the Revised Code or any pass-through entity
that makes the election under division (D) of section 5747.08 of
the Revised Code.
(O) "Dependents" means dependents as defined in the Internal
Revenue Code and as claimed in the taxpayer's federal income tax
return for the taxable year or which the taxpayer would have been
permitted to claim had the taxpayer filed a federal income tax
return.
(P) "Principal county of employment" means, in the case of a
nonresident, the county within the state in which a taxpayer
performs services for an employer or, if those services are
performed in more than one county, the county in which the major
portion of the services are performed.
(Q) As used in sections 5747.50 to 5747.55 of the Revised
Code:
(1) "Subdivision" means any county, municipal corporation,
park district, or township.
(2) "Essential local government purposes" includes all
functions that any subdivision is required by general law to
exercise, including like functions that are exercised under a
charter adopted pursuant to the Ohio Constitution.
(R) "Overpayment" means any amount already paid that exceeds
the figure determined to be the correct amount of the tax.
(S) "Taxable income" or "Ohio taxable income" applies only to
estates and trusts, and means federal taxable income, as defined
and used in the Internal Revenue Code, adjusted as follows:
(1) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations or securities of any state or of any
political subdivision or authority of any state, other than this
state and its subdivisions and authorities, but only to the extent
that such net amount is not otherwise includible in Ohio taxable
income and is described in either division (S)(1)(a) or (b) of
this section:
(a) The net amount is not attributable to the S portion of an
electing small business trust and has not been distributed to
beneficiaries for the taxable year;
(b) The net amount is attributable to the S portion of an
electing small business trust for the taxable year.
(2) Add interest or dividends, net of ordinary, necessary,
and reasonable expenses not deducted in computing federal taxable
income, on obligations of any authority, commission,
instrumentality, territory, or possession of the United States to
the extent that the interest or dividends are exempt from federal
income taxes but not from state income taxes, but only to the
extent that such net amount is not otherwise includible in Ohio
taxable income and is described in either division (S)(1)(a) or
(b) of this section;
(3) Add the amount of personal exemption allowed to the
estate pursuant to section 642(b) of the Internal Revenue Code;
(4) Deduct interest or dividends, net of related expenses
deducted in computing federal taxable income, on obligations of
the United States and its territories and possessions or of any
authority, commission, or instrumentality of the United States to
the extent that the interest or dividends are exempt from state
taxes under the laws of the United States, but only to the extent
that such amount is included in federal taxable income and is
described in either division (S)(1)(a) or (b) of this section;
(5) Deduct the amount of wages and salaries, if any, not
otherwise allowable as a deduction but that would have been
allowable as a deduction in computing federal taxable income for
the taxable year, had the targeted jobs credit allowed under
sections 38, 51, and 52 of the Internal Revenue Code not been in
effect, but only to the extent such amount relates either to
income included in federal taxable income for the taxable year or
to income of the S portion of an electing small business trust for
the taxable year;
(6) Deduct any interest or interest equivalent, net of
related expenses deducted in computing federal taxable income, on
public obligations and purchase obligations, but only to the
extent that such net amount relates either to income included in
federal taxable income for the taxable year or to income of the S
portion of an electing small business trust for the taxable year;
(7) Add any loss or deduct any gain resulting from sale,
exchange, or other disposition of public obligations to the extent
that such loss has been deducted or such gain has been included in
computing either federal taxable income or income of the S portion
of an electing small business trust for the taxable year;
(8) Except in the case of the final return of an estate, add
any amount deducted by the taxpayer on both its Ohio estate tax
return pursuant to section 5731.14 of the Revised Code, and on its
federal income tax return in determining federal taxable income;
(9)(a) Deduct any amount included in federal taxable income
solely because the amount represents a reimbursement or refund of
expenses that in a previous year the decedent had deducted as an
itemized deduction pursuant to section 63 of the Internal Revenue
Code and applicable treasury regulations. The deduction otherwise
allowed under division (S)(9)(a) of this section shall be reduced
to the extent the reimbursement is attributable to an amount the
taxpayer or decedent deducted under this section in any taxable
year.
(b) Add any amount not otherwise included in Ohio taxable
income for any taxable year to the extent that the amount is
attributable to the recovery during the taxable year of any amount
deducted or excluded in computing federal or Ohio taxable income
in any taxable year, but only to the extent such amount has not
been distributed to beneficiaries for the taxable year.
(10) Deduct any portion of the deduction described in section
1341(a)(2) of the Internal Revenue Code, for repaying previously
reported income received under a claim of right, that meets both
of the following requirements:
(a) It is allowable for repayment of an item that was
included in the taxpayer's taxable income or the decedent's
adjusted gross income for a prior taxable year and did not qualify
for a credit under division (A) or (B) of section 5747.05 of the
Revised Code for that year.
(b) It does not otherwise reduce the taxpayer's taxable
income or the decedent's adjusted gross income for the current or
any other taxable year.
(11) Add any amount claimed as a credit under section
5747.059 of the Revised Code to the extent that the amount
satisfies either of the following:
(a) The amount was deducted or excluded from the computation
of the taxpayer's federal taxable income as required to be
reported for the taxpayer's taxable year under the Internal
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's
federal taxable income as required to be reported for any of the
taxpayer's taxable years under the Internal Revenue Code.
(12) Deduct any amount, net of related expenses deducted in
computing federal taxable income, that a trust is required to
report as farm income on its federal income tax return, but only
if the assets of the trust include at least ten acres of land
satisfying the definition of "land devoted exclusively to
agricultural use" under section 5713.30 of the Revised Code,
regardless of whether the land is valued for tax purposes as such
land under sections 5713.30 to 5713.38 of the Revised Code. If the
trust is a pass-through entity investor, section 5747.231 of the
Revised Code applies in ascertaining if the trust is eligible to
claim the deduction provided by division (S)(12) of this section
in connection with the pass-through entity's farm income.
Except for farm income attributable to the S portion of an
electing small business trust, the deduction provided by division
(S)(12) of this section is allowed only to the extent that the
trust has not distributed such farm income. Division (S)(12) of
this section applies only to taxable years of a trust beginning in
2002 or thereafter.
(13) Add the net amount of income described in section 641(c)
of the Internal Revenue Code to the extent that amount is not
included in federal taxable income.
(14) Add or deduct the amount the taxpayer would be required
to add or deduct under division (A)(20) or (21) of this section if
the taxpayer's Ohio taxable income were computed in the same
manner as an individual's Ohio adjusted gross income is computed
under this section. In the case of a trust, division (S)(14) of
this section applies only to any of the trust's taxable years
beginning in 2002 or thereafter.
(T) "School district income" and "school district income tax"
have the same meanings as in section 5748.01 of the Revised Code.
(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)
of this section, "public obligations," "purchase obligations," and
"interest or interest equivalent" have the same meanings as in
section 5709.76 of the Revised Code.
(V) "Limited liability company" means any limited liability
company formed under Chapter 1705. of the Revised Code or under
the laws of any other state.
(W) "Pass-through entity investor" means any person who,
during any portion of a taxable year of a pass-through entity, is
a partner, member, shareholder, or equity investor in that
pass-through entity.
(X) "Banking day" has the same meaning as in section 1304.01
of the Revised Code.
(Y) "Month" means a calendar month.
(Z) "Quarter" means the first three months, the second three
months, the third three months, or the last three months of the
taxpayer's taxable year.
(AA)(1) "Eligible institution" means a state university or
state institution of higher education as defined in section
3345.011 of the Revised Code, or a private, nonprofit college,
university, or other post-secondary institution located in this
state that possesses a certificate of authorization issued by the
Ohio board of regents pursuant to Chapter 1713. of the Revised
Code or a certificate of registration issued by the state board of
career colleges and schools under Chapter 3332. of the Revised
Code.
(2) "Qualified tuition and fees" means tuition and fees
imposed by an eligible institution as a condition of enrollment or
attendance, not exceeding two thousand five hundred dollars in
each of the individual's first two years of post-secondary
education. If the individual is a part-time student, "qualified
tuition and fees" includes tuition and fees paid for the academic
equivalent of the first two years of post-secondary education
during a maximum of five taxable years, not exceeding a total of
five thousand dollars. "Qualified tuition and fees" does not
include:
(a) Expenses for any course or activity involving sports,
games, or hobbies unless the course or activity is part of the
individual's degree or diploma program;
(b) The cost of books, room and board, student activity fees,
athletic fees, insurance expenses, or other expenses unrelated to
the individual's academic course of instruction;
(c) Tuition, fees, or other expenses paid or reimbursed
through an employer, scholarship, grant in aid, or other
educational benefit program.
(BB)(1) "Modified business income" means the business income
included in a trust's Ohio taxable income after such taxable
income is first reduced by the qualifying trust amount, if any.
(2) "Qualifying trust amount" of a trust means capital gains
and losses from the sale, exchange, or other disposition of equity
or ownership interests in, or debt obligations of, a qualifying
investee to the extent included in the trust's Ohio taxable
income, but only if the following requirements are satisfied:
(a) The book value of the qualifying investee's physical
assets in this state and everywhere, as of the last day of the
qualifying investee's fiscal or calendar year ending immediately
prior to the date on which the trust recognizes the gain or loss,
is available to the trust.
(b) The requirements of section 5747.011 of the Revised Code
are satisfied for the trust's taxable year in which the trust
recognizes the gain or loss.
Any gain or loss that is not a qualifying trust amount is
modified business income, qualifying investment income, or
modified nonbusiness income, as the case may be.
(3) "Modified nonbusiness income" means a trust's Ohio
taxable income other than modified business income, other than the
qualifying trust amount, and other than qualifying investment
income, as defined in section 5747.012 of the Revised Code, to the
extent such qualifying investment income is not otherwise part of
modified business income.
(4) "Modified Ohio taxable income" applies only to trusts,
and means the sum of the amounts described in divisions (BB)(4)(a)
to (c) of this section:
(a) The fraction, calculated under section 5747.013, and
applying section 5747.231 of the Revised Code, multiplied by the
sum of the following amounts:
(i) The trust's modified business income;
(ii) The trust's qualifying investment income, as defined in
section 5747.012 of the Revised Code, but only to the extent the
qualifying investment income does not otherwise constitute
modified business income and does not otherwise constitute a
qualifying trust amount.
(b) The qualifying trust amount multiplied by a fraction, the
numerator of which is the sum of the book value of the qualifying
investee's physical assets in this state on the last day of the
qualifying investee's fiscal or calendar year ending immediately
prior to the day on which the trust recognizes the qualifying
trust amount, and the denominator of which is the sum of the book
value of the qualifying investee's total physical assets
everywhere on the last day of the qualifying investee's fiscal or
calendar year ending immediately prior to the day on which the
trust recognizes the qualifying trust amount. If, for a taxable
year, the trust recognizes a qualifying trust amount with respect
to more than one qualifying investee, the amount described in
division (BB)(4)(b) of this section shall equal the sum of the
products so computed for each such qualifying investee.
(c)(i) With respect to a trust or portion of a trust that is
a resident as ascertained in accordance with division (I)(3)(d) of
this section, its modified nonbusiness income.
(ii) With respect to a trust or portion of a trust that is
not a resident as ascertained in accordance with division
(I)(3)(d) of this section, the amount of its modified nonbusiness
income satisfying the descriptions in divisions (B)(2) to (5) of
section 5747.20 of the Revised Code, except as otherwise provided
in division (BB)(4)(c)(ii) of this section. With respect to a
trust or portion of a trust that is not a resident as ascertained
in accordance with division (I)(3)(d) of this section, the trust's
portion of modified nonbusiness income recognized from the sale,
exchange, or other disposition of a debt interest in or equity
interest in a section 5747.212 entity, as defined in section
5747.212 of the Revised Code, without regard to division (A) of
that section, shall not be allocated to this state in accordance
with section 5747.20 of the Revised Code but shall be apportioned
to this state in accordance with division (B) of section 5747.212
of the Revised Code without regard to division (A) of that
section.
If the allocation and apportionment of a trust's income under
divisions (BB)(4)(a) and (c) of this section do not fairly
represent the modified Ohio taxable income of the trust in this
state, the alternative methods described in division (C) of
section 5747.21 of the Revised Code may be applied in the manner
and to the same extent provided in that section.
(5)(a) Except as set forth in division (BB)(5)(b) of this
section, "qualifying investee" means a person in which a trust has
an equity or ownership interest, or a person or unit of government
the debt obligations of either of which are owned by a trust. For
the purposes of division (BB)(2)(a) of this section and for the
purpose of computing the fraction described in division (BB)(4)(b)
of this section, all of the following apply:
(i) If the qualifying investee is a member of a qualifying
controlled group on the last day of the qualifying investee's
fiscal or calendar year ending immediately prior to the date on
which the trust recognizes the gain or loss, then "qualifying
investee" includes all persons in the qualifying controlled group
on such last day.
(ii) If the qualifying investee, or if the qualifying
investee and any members of the qualifying controlled group of
which the qualifying investee is a member on the last day of the
qualifying investee's fiscal or calendar year ending immediately
prior to the date on which the trust recognizes the gain or loss,
separately or cumulatively own, directly or indirectly, on the
last day of the qualifying investee's fiscal or calendar year
ending immediately prior to the date on which the trust recognizes
the qualifying trust amount, more than fifty per cent of the
equity of a pass-through entity, then the qualifying investee and
the other members are deemed to own the proportionate share of the
pass-through entity's physical assets which the pass-through
entity directly or indirectly owns on the last day of the
pass-through entity's calendar or fiscal year ending within or
with the last day of the qualifying investee's fiscal or calendar
year ending immediately prior to the date on which the trust
recognizes the qualifying trust amount.
(iii) For the purposes of division (BB)(5)(a)(iii) of this
section, "upper level pass-through entity" means a pass-through
entity directly or indirectly owning any equity of another
pass-through entity, and "lower level pass-through entity" means
that other pass-through entity.
An upper level pass-through entity, whether or not it is also
a qualifying investee, is deemed to own, on the last day of the
upper level pass-through entity's calendar or fiscal year, the
proportionate share of the lower level pass-through entity's
physical assets that the lower level pass-through entity directly
or indirectly owns on the last day of the lower level pass-through
entity's calendar or fiscal year ending within or with the last
day of the upper level pass-through entity's fiscal or calendar
year. If the upper level pass-through entity directly and
indirectly owns less than fifty per cent of the equity of the
lower level pass-through entity on each day of the upper level
pass-through entity's calendar or fiscal year in which or with
which ends the calendar or fiscal year of the lower level
pass-through entity and if, based upon clear and convincing
evidence, complete information about the location and cost of the
physical assets of the lower pass-through entity is not available
to the upper level pass-through entity, then solely for purposes
of ascertaining if a gain or loss constitutes a qualifying trust
amount, the upper level pass-through entity shall be deemed as
owning no equity of the lower level pass-through entity for each
day during the upper level pass-through entity's calendar or
fiscal year in which or with which ends the lower level
pass-through entity's calendar or fiscal year. Nothing in division
(BB)(5)(a)(iii) of this section shall be construed to provide for
any deduction or exclusion in computing any trust's Ohio taxable
income.
(b) With respect to a trust that is not a resident for the
taxable year and with respect to a part of a trust that is not a
resident for the taxable year, "qualifying investee" for that
taxable year does not include a C corporation if both of the
following apply:
(i) During the taxable year the trust or part of the trust
recognizes a gain or loss from the sale, exchange, or other
disposition of equity or ownership interests in, or debt
obligations of, the C corporation.
(ii) Such gain or loss constitutes nonbusiness income.
(6) "Available" means information is such that a person is
able to learn of the information by the due date plus extensions,
if any, for filing the return for the taxable year in which the
trust recognizes the gain or loss.
(CC) "Qualifying controlled group" has the same meaning as in
section 5733.04 of the Revised Code.
(DD) "Related member" has the same meaning as in section
5733.042 of the Revised Code.
(EE)(1) For the purposes of division (EE) of this section:
(a) "Qualifying person" means any person other than a
qualifying corporation.
(b) "Qualifying corporation" means any person classified for
federal income tax purposes as an association taxable as a
corporation, except either of the following:
(i) A corporation that has made an election under subchapter
S, chapter one, subtitle A, of the Internal Revenue Code for its
taxable year ending within, or on the last day of, the investor's
taxable year;
(ii) A subsidiary that is wholly owned by any corporation
that has made an election under subchapter S, chapter one,
subtitle A of the Internal Revenue Code for its taxable year
ending within, or on the last day of, the investor's taxable year.
(2) For the purposes of this chapter, unless expressly stated
otherwise, no qualifying person indirectly owns any asset directly
or indirectly owned by any qualifying corporation.
(FF) For purposes of this chapter and Chapter 5751. of the
Revised Code:
(1) "Trust" does not include a qualified pre-income tax
trust.
(2) A "qualified pre-income tax trust" is any pre-income tax
trust that makes a qualifying pre-income tax trust election as
described in division (FF)(3) of this section.
(3) A "qualifying pre-income tax trust election" is an
election by a pre-income tax trust to subject to the tax imposed
by section 5751.02 of the Revised Code the pre-income tax trust
and all pass-through entities of which the trust owns or controls,
directly, indirectly, or constructively through related interests,
five per cent or more of the ownership or equity interests. The
trustee shall notify the tax commissioner in writing of the
election on or before April 15, 2006. The election, if timely
made, shall be effective on and after January 1, 2006, and shall
apply for all tax periods and tax years until revoked by the
trustee of the trust.
(4) A "pre-income tax trust" is a trust that satisfies all of
the following requirements:
(a) The document or instrument creating the trust was
executed by the grantor before January 1, 1972;
(b) The trust became irrevocable upon the creation of the
trust; and
(c) The grantor was domiciled in this state at the time the
trust was created.
Sec. 5747.058. (A) A refundable income tax credit granted by
the tax credit authority under section 122.17 or division (B)(2)
or (3) of section 122.171 of the Revised Code may be claimed under
this chapter, in the order required under section 5747.98 of the
Revised Code. For purposes of making tax payments under this
chapter, taxes equal to the amount of the refundable credit shall
be considered to be paid to this state on the first day of the
taxable year. The refundable credit shall not be claimed for any
taxable years ending with or following the calendar year in which
a relocation of employment positions occurs in violation of an
agreement entered into under section 122.171 of the Revised Code.
(B) A nonrefundable income tax credit granted by the tax
credit authority under division (B)(1) of section 122.171 of the
Revised Code may be claimed under this chapter, in the order
required under section 5747.98 of the Revised Code.
Sec. 5747.113. (A) Any taxpayer claiming a refund under
section 5747.11 of the Revised Code for taxable years ending on or
after October 14, 1983, who wishes to contribute any part of the
taxpayer's refund to the natural areas and preserves and state
parks fund created in section 1517.11 1541.62 of the Revised Code,
the nongame and endangered wildlife fund created in section
1531.26 of the Revised Code, the military injury relief fund
created in section 5101.98 of the Revised Code, the Ohio
historical society income tax contribution fund created in section
149.308 of the Revised Code, or all of those funds, may designate
on the taxpayer's income tax return the amount that the taxpayer
wishes to contribute to the fund or funds. A designated
contribution is irrevocable upon the filing of the return and
shall be made in the full amount designated if the refund found
due the taxpayer upon the initial processing of the taxpayer's
return, after any deductions including those required by section
5747.12 of the Revised Code, is greater than or equal to the
designated contribution. If the refund due as initially determined
is less than the designated contribution, the contribution shall
be made in the full amount of the refund. The tax commissioner
shall subtract the amount of the contribution from the amount of
the refund initially found due the taxpayer and shall certify the
difference to the director of budget and management and treasurer
of state for payment to the taxpayer in accordance with section
5747.11 of the Revised Code. For the purpose of any subsequent
determination of the taxpayer's net tax payment, the contribution
shall be considered a part of the refund paid to the taxpayer.
(B) The tax commissioner shall provide a space on the income
tax return form in which a taxpayer may indicate that the taxpayer
wishes to make a donation in accordance with this section. The tax
commissioner shall also print in the instructions accompanying the
income tax return form a description of the purposes for which the
natural areas and preserves and state parks fund, the nongame and
endangered wildlife fund, and the military injury relief fund, and
the Ohio historical society income tax contribution fund were
created and the use of moneys from the income tax refund
contribution system established in this section. No person shall
designate on the person's income tax return any part of a refund
claimed under section 5747.11 of the Revised Code as a
contribution to any fund other than the natural areas and
preserves and state parks fund, the nongame and endangered
wildlife fund, the military injury relief fund, or all of those
funds the Ohio historical society income tax contribution fund.
(C) The money collected under the income tax refund
contribution system established in this section shall be deposited
by the tax commissioner into the natural areas and preserves and
state parks fund, the nongame and endangered wildlife fund, and
the military injury relief fund, and the Ohio historical society
income tax contribution fund in the amounts designated on the tax
returns.
(D) No later than the thirtieth day of September each year,
the tax commissioner shall determine the total amount contributed
to each fund under this section during the preceding eight months,
any adjustments to prior months, and the cost to the department of
taxation of administering the income tax refund contribution
system during that eight-month period. The commissioner shall make
an additional determination no later than the thirty-first day of
January of each year of the total amount contributed to each fund
under this section during the preceding four calendar months, any
adjustments to prior years made during that four-month period, and
the cost to the department of taxation of administering the income
tax contribution system during that period. The cost of
administering the income tax contribution system shall be
certified by the tax commissioner to the director of budget and
management, who shall transfer an amount equal to one-third
one-fourth of such administrative costs from the natural areas and
preserves and state parks fund, one-third one-fourth of such costs
from the nongame and endangered wildlife fund, and one-third
one-fourth of such costs from the military injury relief fund, and
one-fourth of such costs from the Ohio historical society income
tax contribution fund to the litter control and natural resource
tax administration fund, which is hereby created, provided that
the moneys that the department receives to pay the cost of
administering the income tax refund contribution system in any
year shall not exceed two and one-half per cent of the total
amount contributed under that system during that year.
(E)(1) The director of natural resources, in January of every
odd-numbered year, shall report to the general assembly on the
effectiveness of the income tax refund contribution system as it
pertains to the natural areas and preserves and state parks fund
and the nongame and endangered wildlife fund. The report shall
include the amount of money contributed to each fund in each of
the previous five years, the amount of money contributed directly
to each fund in addition to or independently of the income tax
refund contribution system in each of the previous five years, and
the purposes for which the money was expended.
(2) The director of job and family services and the director
of the Ohio historical society, in January of every odd-numbered
year, each shall report to the general assembly on the
effectiveness of the income tax refund contribution system as it
pertains to the military injury relief fund and the Ohio
historical society income tax contribution fund, respectively. The
report shall include the amount of money contributed to the fund
in each of the previous five years, the amount of money
contributed directly to the fund in addition to or independently
of the income tax refund contribution system in each of the
previous five years, and the purposes for which the money was
expended.
Sec. 5747.46. As used in sections 5747.46 and 5747.47 of the
Revised Code:
(A) "Year's fund balance" means the amount credited to the
public library fund during a calendar year.
(B) "Distribution year" means the calendar year during which
a year's fund balance is distributed under section 5747.47 of the
Revised Code.
(C) "CPI" means the consumer price index for all urban
consumers (United States city average, all items), prepared by the
United States department of labor, bureau of labor statistics.
(D) "Inflation factor" means the quotient obtained by
dividing the CPI for May of the year preceding the distribution
year by the CPI for May of the second preceding year. If the
quotient so obtained is less than one, the inflation factor shall
equal one.
(E) "Population" means whichever of the following has most
recently been issued, as of the first day of June preceding the
distribution year:
(1) The most recent decennial census figures that include
population figures for each county in the state;
(2) The most current issue of "Current Population Reports:
Local Population Estimates" issued by the United States bureau of
the census that contains population estimates for each county in
the state and the state.
(F) "County's equalization ratio for a distribution year"
means a percentage computed for that county as follows:
(1) Square the per cent that the county's population is of
the state's population;
(2) Divide the product so obtained by the per cent that the
county's total entitlement for the preceding year is of all
counties' total entitlements for the preceding year;
(3) Divide the quotient so obtained by the sum of the
quotients so obtained for all counties.
(G) "Total entitlement" means, with respect to a distribution
year, the sum of a county's guaranteed share plus its share of the
excess. For the 2012 distribution year, "total entitlement" equals
the sum of payments made to a county public library fund during
that year.
(1) "Guaranteed share" means, for a distribution year, the
product obtained by multiplying a county's total entitlement for
the preceding distribution year by the inflaction inflation
factor. If the sum of the guaranteed shares for all counties
exceeds the year's fund balance, the guaranteed shares of all
counties shall be reduced by a percentage that will result in the
sum of such guaranteed shares being equal to the year's fund
balance.
(2) "Share of excess" means, for a distribution year, the
product obtained by multiplying a county's equalization ratio by
the difference between the year's fund balance and the sum of the
guaranteed shares for all counties. If the sum of the guaranteed
shares for all counties exceeds the year's fund balance the share
of the excess for all counties is zero.
(H) "Net distribution" means the sum of the payments made to
a county's public library fund during a distribution year,
adjusted as follows:
(1) If the county received an overpayment during the
preceding distribution year, add the amount of the overpayment;
(2) If the county received an underpayment during the
preceding distribution year, deduct the amount of the
underpayment.
(I) "Overpayment" or "underpayment" for a distribution year
means the amount by which the net distribution to a county's
public library fund during that distribution year exceeded or was
less than the county's total entitlement for that year.
All computations made under this section shall be rounded to
the nearest one-hundredth of one per cent.
Sec. 5747.51. (A) On or before the twenty-fifth day of July
of each year, the tax commissioner shall make and certify to the
county auditor of each county an estimate of the amount of the
local government fund to be allocated to the undivided local
government fund of each county for the ensuing calendar year and
the estimated amount to be received by the undivided local
government fund of each county from the taxes levied pursuant to
section 5707.03 of the Revised Code for the ensuing calendar year.
(B) At each annual regular session of the county budget
commission convened pursuant to section 5705.27 of the Revised
Code, each auditor shall present to the commission the certificate
of the commissioner, the annual tax budget and estimates, and the
records showing the action of the commission in its last preceding
regular session. The estimates shown on the certificate of the
commissioner of the amount to be allocated from the local
government fund and the amount to be received from taxes levied
pursuant to section 5707.03 of the Revised Code shall be combined
into one total comprising the estimate of the undivided local
government fund of the county. The commission, after extending to
the representatives of each subdivision an opportunity to be
heard, under oath administered by any member of the commission,
and considering all the facts and information presented to it by
the auditor, shall determine the amount of the undivided local
government fund needed by and to be apportioned to each
subdivision for current operating expenses, as shown in the tax
budget of the subdivision. This determination shall be made
pursuant to divisions (C) to (I) of this section, unless the
commission has provided for a formula pursuant to section 5747.53
of the Revised Code.
Nothing in this section prevents the budget commission, for
the purpose of apportioning the undivided local government fund,
from inquiring into the claimed needs of any subdivision as stated
in its tax budget, or from adjusting claimed needs to reflect
actual needs. For the purposes of this section, "current operating
expenses" means the lawful expenditures of a subdivision, except
those for permanent improvements and except payments for interest,
sinking fund, and retirement of bonds, notes, and certificates of
indebtedness of the subdivision.
(C) The commission shall determine the combined total of the
estimated expenditures, including transfers, from the general fund
and any special funds other than special funds established for
road and bridge; street construction, maintenance, and repair;
state highway improvement; and gas, water, sewer, and electric
public utilities operated by a subdivision, as shown in the
subdivision's tax budget for the ensuing calendar year.
(D) From the combined total of expenditures calculated
pursuant to division (C) of this section, the commission shall
deduct the following expenditures, if included in these funds in
the tax budget:
(1) Expenditures for permanent improvements as defined in
division (E) of section 5705.01 of the Revised Code;
(2) In the case of counties and townships, transfers to the
road and bridge fund, and in the case of municipalities, transfers
to the street construction, maintenance, and repair fund and the
state highway improvement fund;
(3) Expenditures for the payment of debt charges;
(4) Expenditures for the payment of judgments.
(E) In addition to the deductions made pursuant to division
(D) of this section, revenues accruing to the general fund and any
special fund considered under division (C) of this section from
the following sources shall be deducted from the combined total of
expenditures calculated pursuant to division (C) of this section:
(1) Taxes levied within the ten-mill limitation, as defined
in section 5705.02 of the Revised Code;
(2) The budget commission allocation of estimated county
public library fund revenues to be distributed pursuant to section
5747.48 of the Revised Code;
(3) Estimated unencumbered balances as shown on the tax
budget as of the thirty-first day of December of the current year
in the general fund, but not any estimated balance in any special
fund considered in division (C) of this section;
(4) Revenue, including transfers, shown in the general fund
and any special funds other than special funds established for
road and bridge; street construction, maintenance, and repair;
state highway improvement; and gas, water, sewer, and electric
public utilities, from all other sources except those that a
subdivision receives from an additional tax or service charge
voted by its electorate or receives from special assessment or
revenue bond collection. For the purposes of this division, where
the charter of a municipal corporation prohibits the levy of an
income tax, an income tax levied by the legislative authority of
such municipal corporation pursuant to an amendment of the charter
of that municipal corporation to authorize such a levy represents
an additional tax voted by the electorate of that municipal
corporation. For the purposes of this division, any measure
adopted by a board of county commissioners pursuant to section
322.02, 324.02, 4504.02, or 5739.021 of the Revised Code,
including those measures upheld by the electorate in a referendum
conducted pursuant to section 322.021, 324.021, 4504.021, or
5739.022 of the Revised Code, shall not be considered an
additional tax voted by the electorate.
Subject to division (G) of section 5705.29 of the Revised
Code, money in a reserve balance account established by a county,
township, or municipal corporation under section 5705.13 of the
Revised Code shall not be considered an unencumbered balance or
revenue under division (E)(3) or (4) of this section. Money in a
reserve balance account established by a township under section
5705.132 of the Revised Code shall not be considered an
unencumbered balance or revenue under division (E)(3) or (4) of
this section.
If a county, township, or municipal corporation has created
and maintains a nonexpendable trust fund under section 5705.131 of
the Revised Code, the principal of the fund, and any additions to
the principal arising from sources other than the reinvestment of
investment earnings arising from such a fund, shall not be
considered an unencumbered balance or revenue under division
(E)(3) or (4) of this section. Only investment earnings arising
from investment of the principal or investment of such additions
to principal may be considered an unencumbered balance or revenue
under those divisions.
(F) The total expenditures calculated pursuant to division
(C) of this section, less the deductions authorized in divisions
(D) and (E) of this section, shall be known as the "relative need"
of the subdivision, for the purposes of this section.
(G) The budget commission shall total the relative need of
all participating subdivisions in the county, and shall compute a
relative need factor by dividing the total estimate of the
undivided local government fund by the total relative need of all
participating subdivisions.
(H) The relative need of each subdivision shall be multiplied
by the relative need factor to determine the proportionate share
of the subdivision in the undivided local government fund of the
county; provided, that the maximum proportionate share of a county
shall not exceed the following maximum percentages of the total
estimate of the undivided local government fund governed by the
relationship of the percentage of the population of the county
that resides within municipal corporations within the county to
the total population of the county as reported in the reports on
population in Ohio by the department of development as of the
twentieth day of July of the year in which the tax budget is filed
with the budget commission:
Percentage of municipal population within the county: |
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Percentage share of the county shall not exceed: |
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Less than forty-one per cent |
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Sixty per cent |
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Forty-one per cent or more but less than eighty-one per cent |
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Fifty per cent |
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Eighty-one per cent or more |
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Thirty per cent |
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Where the proportionate share of the county exceeds the
limitations established in this division, the budget commission
shall adjust the proportionate shares determined pursuant to this
division so that the proportionate share of the county does not
exceed these limitations, and it shall increase the proportionate
shares of all other subdivisions on a pro rata basis. In counties
having a population of less than one hundred thousand, not less
than ten per cent shall be distributed to the townships therein.
(I) The proportionate share of each subdivision in the
undivided local government fund determined pursuant to division
(H) of this section for any calendar year shall not be less than
the product of the average of the percentages of the undivided
local government fund of the county as apportioned to that
subdivision for the calendar years 1968, 1969, and 1970,
multiplied by the total amount of the undivided local government
fund of the county apportioned pursuant to former section 5735.23
of the Revised Code for the calendar year 1970. For the purposes
of this division, the total apportioned amount for the calendar
year 1970 shall be the amount actually allocated to the county in
1970 from the state collected intangible tax as levied by section
5707.03 of the Revised Code and distributed pursuant to section
5725.24 of the Revised Code, plus the amount received by the
county in the calendar year 1970 pursuant to division (B)(1) of
former section 5739.21 of the Revised Code, and distributed
pursuant to former section 5739.22 of the Revised Code. If the
total amount of the undivided local government fund for any
calendar year is less than the amount of the undivided local
government fund apportioned pursuant to former section 5739.23 of
the Revised Code for the calendar year 1970, the minimum amount
guaranteed to each subdivision for that calendar year pursuant to
this division shall be reduced on a basis proportionate to the
amount by which the amount of the undivided local government fund
for that calendar year is less than the amount of the undivided
local government fund apportioned for the calendar year 1970.
(J) On the basis of such apportionment, the county auditor
shall compute the percentage share of each such subdivision in the
undivided local government fund and shall at the same time certify
to the tax commissioner the percentage share of the county as a
subdivision. No payment shall be made from the undivided local
government fund, except in accordance with such percentage shares.
Within ten days after the budget commission has made its
apportionment, whether conducted pursuant to section 5747.51 or
5747.53 of the Revised Code, the auditor shall publish a list of
the subdivisions and the amount each is to receive from the
undivided local government fund and the percentage share of each
subdivision, in a newspaper or newspapers of countywide
circulation, and send a copy of such allocation to the tax
commissioner.
The county auditor shall also send by certified mail, return
receipt requested, a copy of such allocation to the fiscal officer
of each subdivision entitled to participate in the allocation of
the undivided local government fund of the county. This copy shall
constitute the official notice of the commission action referred
to in section 5705.37 of the Revised Code.
All money received into the treasury of a subdivision from
the undivided local government fund in a county treasury shall be
paid into the general fund and used for the current operating
expenses of the subdivision.
If a municipal corporation maintains a municipal university,
such municipal university, when the board of trustees so requests
the legislative authority of the municipal corporation, shall
participate in the money apportioned to such municipal corporation
from the total local government fund, however created and
constituted, in such amount as requested by the board of trustees,
provided such sum does not exceed nine per cent of the total
amount paid to the municipal corporation.
If any public official fails to maintain the records required
by sections 5747.50 to 5747.55 of the Revised Code or by the rules
issued by the tax commissioner, the auditor of state, or the
treasurer of state pursuant to such sections, or fails to comply
with any law relating to the enforcement of such sections, the
local government fund money allocated to the county may be
withheld until such time as the public official has complied with
such sections or such law or the rules issued pursuant thereto.
Sec. 5751.01. As used in this chapter:
(A) "Person" means, but is not limited to, individuals,
combinations of individuals of any form, receivers, assignees,
trustees in bankruptcy, firms, companies, joint-stock companies,
business trusts, estates, partnerships, limited liability
partnerships, limited liability companies, associations, joint
ventures, clubs, societies, for-profit corporations, S
corporations, qualified subchapter S subsidiaries, qualified
subchapter S trusts, trusts, entities that are disregarded for
federal income tax purposes, and any other entities.
(B) "Consolidated elected taxpayer" means a group of two or
more persons treated as a single taxpayer for purposes of this
chapter as the result of an election made under section 5751.011
of the Revised Code.
(C) "Combined taxpayer" means a group of two or more persons
treated as a single taxpayer for purposes of this chapter under
section 5751.012 of the Revised Code.
(D) "Taxpayer" means any person, or any group of persons in
the case of a consolidated elected taxpayer or combined taxpayer
treated as one taxpayer, required to register or pay tax under
this chapter. "Taxpayer" does not include excluded persons.
(E) "Excluded person" means any of the following:
(1) Any person with not more than one hundred fifty thousand
dollars of taxable gross receipts during the calendar year.
Division (E)(1) of this section does not apply to a person that is
a member of a consolidated elected taxpayer;
(2) A public utility that paid the excise tax imposed by
section 5727.24 or 5727.30 of the Revised Code based on one or
more measurement periods that include the entire tax period under
this chapter, except that a public utility that is a combined
company is a taxpayer with regard to the following gross receipts:
(a) Taxable gross receipts directly attributed to a public
utility activity, but not directly attributed to an activity that
is subject to the excise tax imposed by section 5727.24 or 5727.30
of the Revised Code;
(b) Taxable gross receipts that cannot be directly attributed
to any activity, multiplied by a fraction whose numerator is the
taxable gross receipts described in division (E)(2)(a) of this
section and whose denominator is the total taxable gross receipts
that can be directly attributed to any activity;
(c) Except for any differences resulting from the use of an
accrual basis method of accounting for purposes of determining
gross receipts under this chapter and the use of the cash basis
method of accounting for purposes of determining gross receipts
under section 5727.24 of the Revised Code, the gross receipts
directly attributed to the activity of a natural gas company shall
be determined in a manner consistent with division (D) of section
5727.03 of the Revised Code.
As used in division (E)(2) of this section, "combined
company" and "public utility" have the same meanings as in section
5727.01 of the Revised Code.
(3) A financial institution, as defined in section 5725.01 of
the Revised Code, that paid the corporation franchise tax charged
by division (D) of section 5733.06 of the Revised Code based on
one or more taxable years that include the entire tax period under
this chapter;
(4) A dealer in intangibles, as defined in section 5725.01 of
the Revised Code, that paid the dealer in intangibles tax levied
by division (D) of section 5707.03 of the Revised Code based on
one or more measurement periods that include the entire tax period
under this chapter;
(5) A financial holding company as defined in the "Bank
Holding Company Act," 12 U.S.C. 1841(p);
(6) A bank holding company as defined in the "Bank Holding
Company Act," 12 U.S.C. 1841(a);
(7) A savings and loan holding company as defined in the
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging
only in activities or investments permissible for a financial
holding company under 12 U.S.C. 1843(k);
(8) A person directly or indirectly owned by one or more
financial institutions, financial holding companies, bank holding
companies, or savings and loan holding companies described in
division (E)(3), (5), (6), or (7) of this section that is engaged
in activities permissible for a financial holding company under 12
U.S.C. 1843(k), except that any such person held pursuant to
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person
directly or indirectly owned by one or more insurance companies
described in division (E)(9) of this section that is authorized to
do the business of insurance in this state.
For the purposes of division (E)(8) of this section, a person
owns another person under the following circumstances:
(a) In the case of corporations issuing capital stock, one
corporation owns another corporation if it owns fifty per cent or
more of the other corporation's capital stock with current voting
rights;
(b) In the case of a limited liability company, one person
owns the company if that person's membership interest, as defined
in section 1705.01 of the Revised Code, is fifty per cent or more
of the combined membership interests of all persons owning such
interests in the company;
(c) In the case of a partnership, trust, or other
unincorporated business organization other than a limited
liability company, one person owns the organization if, under the
articles of organization or other instrument governing the affairs
of the organization, that person has a beneficial interest in the
organization's profits, surpluses, losses, or distributions of
fifty per cent or more of the combined beneficial interests of all
persons having such an interest in the organization;
(d) In the case of multiple ownership, the ownership
interests of more than one person may be aggregated to meet the
fifty per cent ownership tests in this division only when each
such owner is described in division (E)(3), (5), (6), or (7) of
this section and is engaged in activities permissible for a
financial holding company under 12 U.S.C. 1843(k) or is a person
directly or indirectly owned by one or more insurance companies
described in division (E)(9) of this section that is authorized to
do the business of insurance in this state.
(9) A domestic insurance company or foreign insurance
company, as defined in section 5725.01 of the Revised Code, that
paid the insurance company premiums tax imposed by section 5725.18
or Chapter 5729. of the Revised Code based on one or more
measurement periods that include the entire tax period under this
chapter;
(10) A person that solely facilitates or services one or more
securitizations or similar transactions for any person described
in division (E)(3), (5), (6), (7), (8), or (9) of this section.
For purposes of this division, "securitization" means transferring
one or more assets to one or more persons and then issuing
securities backed by the right to receive payment from the asset
or assets so transferred.
(11) Except as otherwise provided in this division, a
pre-income tax trust as defined in division (FF)(4) of section
5747.01 of the Revised Code and any pass-through entity of which
such pre-income tax trust owns or controls, directly, indirectly,
or constructively through related interests, more than five per
cent of the ownership or equity interests. If the pre-income tax
trust has made a qualifying pre-income tax trust election under
division (FF)(3) of section 5747.01 of the Revised Code, then the
trust and the pass-through entities of which it owns or controls,
directly, indirectly, or constructively through related interests,
more than five per cent of the ownership or equity interests,
shall not be excluded persons for purposes of the tax imposed
under section 5751.02 of the Revised Code.
(12) Nonprofit organizations or the state and its agencies,
instrumentalities, or political subdivisions.
(F) Except as otherwise provided in divisions (F)(2), (3),
and (4) of this section, "gross receipts" means the total amount
realized by a person, without deduction for the cost of goods sold
or other expenses incurred, that contributes to the production of
gross income of the person, including the fair market value of any
property and any services received, and any debt transferred or
forgiven as consideration. In the case of a person that is a
casino operator of casino facilities, as those terms are defined
in section 3772.01 of the Revised Code, "gross receipts" for the
purposes of this chapter only shall be determined without
deduction for any winnings paid to wagerers.
(1) The following are examples of gross receipts:
(a) Amounts realized from the sale, exchange, or other
disposition of the taxpayer's property to or with another;
(b) Amounts realized from the taxpayer's performance of
services for another;
(c) Amounts realized from another's use or possession of the
taxpayer's property or capital;
(d) Any combination of the foregoing amounts.
(2) "Gross receipts" excludes the following amounts:
(a) Interest income except interest on credit sales;
(b) Dividends and distributions from corporations, and
distributive or proportionate shares of receipts and income from a
pass-through entity as defined under section 5733.04 of the
Revised Code;
(c) Receipts from the sale, exchange, or other disposition of
an asset described in section 1221 or 1231 of the Internal Revenue
Code, without regard to the length of time the person held the
asset. Notwithstanding section 1221 of the Internal Revenue Code,
receipts from hedging transactions also are excluded to the extent
the transactions are entered into primarily to protect a financial
position, such as managing the risk of exposure to (i) foreign
currency fluctuations that affect assets, liabilities, profits,
losses, equity, or investments in foreign operations; (ii)
interest rate fluctuations; or (iii) commodity price fluctuations.
As used in division (F)(2)(c) of this section, "hedging
transaction" has the same meaning as used in section 1221 of the
Internal Revenue Code and also includes transactions accorded
hedge accounting treatment under statement of financial accounting
standards number 133 of the financial accounting standards board.
For the purposes of division (F)(2)(c) of this section, the actual
transfer of title of real or tangible personal property to another
entity is not a hedging transaction.
(d) Proceeds received attributable to the repayment,
maturity, or redemption of the principal of a loan, bond, mutual
fund, certificate of deposit, or marketable instrument;
(e) The principal amount received under a repurchase
agreement or on account of any transaction properly characterized
as a loan to the person;
(f) Contributions received by a trust, plan, or other
arrangement, any of which is described in section 501(a) of the
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter
1, Subchapter (D) of the Internal Revenue Code applies;
(g) Compensation, whether current or deferred, and whether in
cash or in kind, received or to be received by an employee, former
employee, or the employee's legal successor for services rendered
to or for an employer, including reimbursements received by or for
an individual for medical or education expenses, health insurance
premiums, or employee expenses, or on account of a dependent care
spending account, legal services plan, any cafeteria plan
described in section 125 of the Internal Revenue Code, or any
similar employee reimbursement;
(h) Proceeds received from the issuance of the taxpayer's own
stock, options, warrants, puts, or calls, or from the sale of the
taxpayer's treasury stock;
(i) Proceeds received on the account of payments from
insurance policies, except those proceeds received for the loss of
business revenue;
(j) Gifts or charitable contributions received; membership
dues received by trade, professional, homeowners', or condominium
associations; and payments received for educational courses,
meetings, meals, or similar payments to a trade, professional, or
other similar association; and fundraising receipts received by
any person when any excess receipts are donated or used
exclusively for charitable purposes;
(k) Damages received as the result of litigation in excess of
amounts that, if received without litigation, would be gross
receipts;
(l) Property, money, and other amounts received or acquired
by an agent on behalf of another in excess of the agent's
commission, fee, or other remuneration;
(m) Tax refunds, other tax benefit recoveries, and
reimbursements for the tax imposed under this chapter made by
entities that are part of the same combined taxpayer or
consolidated elected taxpayer group, and reimbursements made by
entities that are not members of a combined taxpayer or
consolidated elected taxpayer group that are required to be made
for economic parity among multiple owners of an entity whose tax
obligation under this chapter is required to be reported and paid
entirely by one owner, pursuant to the requirements of sections
5751.011 and 5751.012 of the Revised Code;
(o) Contributions to capital;
(p) Sales or use taxes collected as a vendor or an
out-of-state seller on behalf of the taxing jurisdiction from a
consumer or other taxes the taxpayer is required by law to collect
directly from a purchaser and remit to a local, state, or federal
tax authority;
(q) In the case of receipts from the sale of cigarettes or
tobacco products by a wholesale dealer, retail dealer,
distributor, manufacturer, or seller, all as defined in section
5743.01 of the Revised Code, an amount equal to the federal and
state excise taxes paid by any person on or for such cigarettes or
tobacco products under subtitle E of the Internal Revenue Code or
Chapter 5743. of the Revised Code;
(r) In the case of receipts from the sale of motor fuel by a
licensed motor fuel dealer, licensed retail dealer, or licensed
permissive motor fuel dealer, all as defined in section 5735.01 of
the Revised Code, an amount equal to federal and state excise
taxes paid by any person on such motor fuel under section 4081 of
the Internal Revenue Code or Chapter 5735. of the Revised Code;
(s) In the case of receipts from the sale of beer or
intoxicating liquor, as defined in section 4301.01 of the Revised
Code, by a person holding a permit issued under Chapter 4301. or
4303. of the Revised Code, an amount equal to federal and state
excise taxes paid by any person on or for such beer or
intoxicating liquor under subtitle E of the Internal Revenue Code
or Chapter 4301. or 4305. of the Revised Code;
(t) Receipts realized by a new motor vehicle dealer or used
motor vehicle dealer, as defined in section 4517.01 of the Revised
Code, from the sale or other transfer of a motor vehicle, as
defined in that section, to another motor vehicle dealer for the
purpose of resale by the transferee motor vehicle dealer, but only
if the sale or other transfer was based upon the transferee's need
to meet a specific customer's preference for a motor vehicle;
(u) Receipts from a financial institution described in
division (E)(3) of this section for services provided to the
financial institution in connection with the issuance, processing,
servicing, and management of loans or credit accounts, if such
financial institution and the recipient of such receipts have at
least fifty per cent of their ownership interests owned or
controlled, directly or constructively through related interests,
by common owners;
(v) Receipts realized from administering anti-neoplastic
drugs and other cancer chemotherapy, biologicals, therapeutic
agents, and supportive drugs in a physician's office to patients
with cancer;
(w) Funds received or used by a mortgage broker that is not a
dealer in intangibles, other than fees or other consideration,
pursuant to a table-funding mortgage loan or warehouse-lending
mortgage loan. Terms used in division (F)(2)(w) of this section
have the same meanings as in section 1322.01 of the Revised Code,
except "mortgage broker" means a person assisting a buyer in
obtaining a mortgage loan for a fee or other consideration paid by
the buyer or a lender, or a person engaged in table-funding or
warehouse-lending mortgage loans that are first lien mortgage
loans.
(x) Property, money, and other amounts received by a
professional employer organization, as defined in section 4125.01
of the Revised Code, from a client employer, as defined in that
section, in excess of the administrative fee charged by the
professional employer organization to the client employer;
(y) In the case of amounts retained as commissions by a
permit holder under Chapter 3769. of the Revised Code, an amount
equal to the amounts specified under that chapter that must be
paid to or collected by the tax commissioner as a tax and the
amounts specified under that chapter to be used as purse money;
(z) Qualifying distribution center receipts.
(i) For purposes of division (F)(2)(z) of this section:
(I) "Qualifying distribution center receipts" means receipts
of a supplier from qualified property that is delivered to a
qualified distribution center, multiplied by a quantity that
equals one minus the Ohio delivery percentage.
(II) "Qualified property" means tangible personal property
delivered to a qualified distribution center that is shipped to
that qualified distribution center solely for further shipping by
the qualified distribution center to another location in this
state or elsewhere. "Further shipping" includes storing and
repackaging such property into smaller or larger bundles, so long
as such property is not subject to further manufacturing or
processing.
(III) "Qualified distribution center" means a warehouse or
other similar facility in this state that, for the qualifying
year, is operated by a person that is not part of a combined
taxpayer group and that has a qualifying certificate. However, all
warehouses or other similar facilities that are operated by
persons in the same taxpayer group and that are located within one
mile of each other shall be treated as one qualified distribution
center.
(IV) "Qualifying year" means the calendar year to which the
qualifying certificate applies.
(V) "Qualifying period" means the period of the first day of
July of the second year preceding the qualifying year through the
thirtieth day of June of the year preceding the qualifying year.
(VI) "Qualifying certificate" means the certificate issued by
the tax commissioner after the operator of a distribution center
files an annual application with the commissioner. The application
and annual fee shall be filed and paid for each qualified
distribution center on or before the first day of September before
the qualifying year or within forty-five days after the
distribution center opens, whichever is later.
The applicant must substantiate to the commissioner's
satisfaction that, for the qualifying period, all persons
operating the distribution center have more than fifty per cent of
the cost of the qualified property shipped to a location such that
it would be sitused outside this state under the provisions of
division (E) of section 5751.033 of the Revised Code. The
applicant must also substantiate that the distribution center
cumulatively had costs from its suppliers equal to or exceeding
five hundred million dollars during the qualifying period. (For
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier"
excludes any person that is part of the consolidated elected
taxpayer group, if applicable, of the operator of the qualified
distribution center.) The commissioner may require the applicant
to have an independent certified public accountant certify that
the calculation of the minimum thresholds required for a qualified
distribution center by the operator of a distribution center has
been made in accordance with generally accepted accounting
principles. The commissioner shall issue or deny the issuance of a
certificate within sixty days after the receipt of the
application. A denial is subject to appeal under section 5717.02
of the Revised Code. If the operator files a timely appeal under
section 5717.02 of the Revised Code, the operator shall be granted
a qualifying certificate, provided that the operator is liable for
any tax, interest, or penalty upon amounts claimed as qualifying
distribution center receipts, other than those receipts exempt
under division (C)(1) of section 5751.011 of the Revised Code,
that would have otherwise not been owed by its suppliers if the
qualifying certificate was valid.
(VII) "Ohio delivery percentage" means the proportion of the
total property delivered to a destination inside Ohio from the
qualified distribution center during the qualifying period
compared with total deliveries from such distribution center
everywhere during the qualifying period.
(ii) If the distribution center is new and was not open for
the entire qualifying period, the operator of the distribution
center may request that the commissioner grant a qualifying
certificate. If the certificate is granted and it is later
determined that more than fifty per cent of the qualified property
during that year was not shipped to a location such that it would
be sitused outside of this state under the provisions of division
(E) of section 5751.033 of the Revised Code or if it is later
determined that the person that operates the distribution center
had average monthly costs from its suppliers of less than forty
million dollars during that year, then the operator of the
distribution center shall be liable for any tax, interest, or
penalty upon amounts claimed as qualifying distribution center
receipts, other than those receipts exempt under division (C)(1)
of section 5751.011 of the Revised Code, that would have not
otherwise been owed by its suppliers during the qualifying year if
the qualifying certificate was valid. (For purposes of division
(F)(2)(z)(ii) of this section, "supplier" excludes any person that
is part of the consolidated elected taxpayer group, if applicable,
of the operator of the qualified distribution center.)
(iii) When filing an application for a qualifying certificate
under division (F)(2)(z)(i)(VI) of this section, the operator of a
qualified distribution center also shall provide documentation, as
the commissioner requires, for the commissioner to ascertain the
Ohio delivery percentage. The commissioner, upon issuing the
qualifying certificate, also shall certify the Ohio delivery
percentage. The operator of the qualified distribution center may
appeal the commissioner's certification of the Ohio delivery
percentage in the same manner as an appeal is taken from the
denial of a qualifying certificate under division (F)(2)(z)(i)(VI)
of this section.
Within thirty days after all appeals have been exhausted, the
operator of the qualified distribution center shall notify the
affected suppliers of qualified property that such suppliers are
required to file, within sixty days after receiving notice from
the operator of the qualified distribution center, amended reports
for the impacted calendar quarter or quarters or calendar year,
whichever the case may be. Any additional tax liability or tax
overpayment shall be subject to interest but shall not be subject
to the imposition of any penalty so long as the amended returns
are timely filed. The supplier of tangible personal property
delivered to the qualified distribution center shall include in
its report of taxable gross receipts the receipts from the total
sales of property delivered to the qualified distribution center
for the calendar quarter or calendar year, whichever the case may
be, multiplied by the Ohio delivery percentage for the qualifying
year. Nothing in division (F)(2)(z)(iii) of this section shall be
construed as imposing liability on the operator of a qualified
distribution center for the tax imposed by this chapter arising
from any change to the Ohio delivery percentage.
(iv) In the case where the distribution center is new and not
open for the entire qualifying period, the operator shall make a
good faith estimate of an Ohio delivery percentage for use by
suppliers in their reports of taxable gross receipts for the
remainder of the qualifying period. The operator of the facility
shall disclose to the suppliers that such Ohio delivery percentage
is an estimate and is subject to recalculation. By the due date of
the next application for a qualifying certificate, the operator
shall determine the actual Ohio delivery percentage for the
estimated qualifying period and proceed as provided in division
(F)(2)(z)(iii) of this section with respect to the calculation and
recalculation of the Ohio delivery percentage. The supplier is
required to file, within sixty days after receiving notice from
the operator of the qualified distribution center, amended reports
for the impacted calendar quarter or quarters or calendar year,
whichever the case may be. Any additional tax liability or tax
overpayment shall be subject to interest but shall not be subject
to the imposition of any penalty so long as the amended returns
are timely filed.
(v) Qualifying certificates and Ohio delivery percentages
issued by the commissioner shall be open to public inspection and
shall be timely published by the commissioner. A supplier relying
in good faith on a certificate issued under this division shall
not be subject to tax on the qualifying distribution center
receipts under division (F)(2)(z) of this section. A person
receiving a qualifying certificate is responsible for paying the
tax, interest, and penalty upon amounts claimed as qualifying
distribution center receipts that would not otherwise have been
owed by the supplier if the qualifying certificate were available
when it is later determined that the qualifying certificate should
not have been issued because the statutory requirements were in
fact not met.
(vi) The annual fee for a qualifying certificate shall be one
hundred thousand dollars for each qualified distribution center.
If a qualifying certificate is not issued, the annual fee is
subject to refund after the exhaustion of all appeals provided for
in division (F)(2)(z)(i)(VI) of this section. The fee imposed
under this division may be assessed in the same manner as the tax
imposed under this chapter. The first one hundred thousand dollars
of the annual application fees collected each calendar year shall
be credited to the commercial activity tax administrative fund.
The remainder of the annual application fees collected shall be
distributed in the same manner required under section 5751.20 of
the Revised Code.
(vii) The tax commissioner may require that adequate security
be posted by the operator of the distribution center on appeal
when the commissioner disagrees that the applicant has met the
minimum thresholds for a qualified distribution center as set
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this
section.
(aa) Receipts of an employer from payroll deductions relating
to the reimbursement of the employer for advancing moneys to an
unrelated third party on an employee's behalf;
(bb) Cash discounts allowed and taken;
(cc) Returns and allowances;
(dd) Bad debts from receipts on the basis of which the tax
imposed by this chapter was paid in a prior quarterly tax payment
period. For the purpose of this division, "bad debts" means any
debts that have become worthless or uncollectible between the
preceding and current quarterly tax payment periods, have been
uncollected for at least six months, and that may be claimed as a
deduction under section 166 of the Internal Revenue Code and the
regulations adopted under that section, or that could be claimed
as such if the taxpayer kept its accounts on the accrual basis.
"Bad debts" does not include repossessed property, uncollectible
amounts on property that remains in the possession of the taxpayer
until the full purchase price is paid, or expenses in attempting
to collect any account receivable or for any portion of the debt
recovered;
(ee) Any amount realized from the sale of an account
receivable to the extent the receipts from the underlying
transaction giving rise to the account receivable were included in
the gross receipts of the taxpayer;
(ff) Any receipts directly attributed to providing public
services pursuant to a contract entered into under section 9.06 of
the Revised Code and described in division (J) of that section, or
pursuant to sections 126.60 to 126.605 of the Revised Code, or any
receipts directly attributed to a transfer agreement or to the
enterprise transferred under that agreement under section 4313.02
of the Revised Code.
(gg) Any receipts for which the tax imposed by this chapter
is prohibited by the Constitution or laws of the United States or
the Constitution of Ohio.
(gg)(hh) Amounts realized by licensed motor fuel dealers or
licensed permissive motor fuel dealers from the exchange of
petroleum products, including motor fuel, between such dealers,
provided that delivery of the petroleum products occurs at a
refinery, terminal, pipeline, or marine vessel and that the
exchanging dealers agree neither dealer shall require monetary
compensation from the other for the value of the exchanged
petroleum products other than such compensation for differences in
product location or grade. Division (F)(2)(gg)(hh) of this section
does not apply to amounts realized as a result of differences in
location or grade of exchanged petroleum products or from
handling, lubricity, dye, or other additive injections fees,
pipeline security fees, or similar fees. As used in this division,
"motor fuel," "licensed motor fuel dealer," "licensed permissive
motor fuel dealer," and "terminal" have the same meanings as in
section 5735.01 of the Revised Code.
(3) In the case of a taxpayer when acting as a real estate
broker, "gross receipts" includes only the portion of any fee for
the service of a real estate broker, or service of a real estate
salesperson associated with that broker, that is retained by the
broker and not paid to an associated real estate salesperson or
another real estate broker. For the purposes of this division,
"real estate broker" and "real estate salesperson" have the same
meanings as in section 4735.01 of the Revised Code.
(4) A taxpayer's method of accounting for gross receipts for
a tax period shall be the same as the taxpayer's method of
accounting for federal income tax purposes for the taxpayer's
federal taxable year that includes the tax period. If a taxpayer's
method of accounting for federal income tax purposes changes, its
method of accounting for gross receipts under this chapter shall
be changed accordingly.
(G) "Taxable gross receipts" means gross receipts sitused to
this state under section 5751.033 of the Revised Code.
(H) A person has "substantial nexus with this state" if any
of the following applies. The person:
(1) Owns or uses a part or all of its capital in this state;
(2) Holds a certificate of compliance with the laws of this
state authorizing the person to do business in this state;
(3) Has bright-line presence in this state;
(4) Otherwise has nexus with this state to an extent that the
person can be required to remit the tax imposed under this chapter
under the Constitution of the United States.
(I) A person has "bright-line presence" in this state for a
reporting period and for the remaining portion of the calendar
year if any of the following applies. The person:
(1) Has at any time during the calendar year property in this
state with an aggregate value of at least fifty thousand dollars.
For the purpose of division (I)(1) of this section, owned property
is valued at original cost and rented property is valued at eight
times the net annual rental charge.
(2) Has during the calendar year payroll in this state of at
least fifty thousand dollars. Payroll in this state includes all
of the following:
(a) Any amount subject to withholding by the person under
section 5747.06 of the Revised Code;
(b) Any other amount the person pays as compensation to an
individual under the supervision or control of the person for work
done in this state; and
(c) Any amount the person pays for services performed in this
state on its behalf by another.
(3) Has during the calendar year taxable gross receipts of at
least five hundred thousand dollars.
(4) Has at any time during the calendar year within this
state at least twenty-five per cent of the person's total
property, total payroll, or total gross receipts.
(5) Is domiciled in this state as an individual or for
corporate, commercial, or other business purposes.
(J) "Tangible personal property" has the same meaning as in
section 5739.01 of the Revised Code.
(K) "Internal Revenue Code" means the Internal Revenue Code
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in
this chapter that is not otherwise defined has the same meaning as
when used in a comparable context in the laws of the United States
relating to federal income taxes unless a different meaning is
clearly required. Any reference in this chapter to the Internal
Revenue Code includes other laws of the United States relating to
federal income taxes.
(L) "Calendar quarter" means a three-month period ending on
the thirty-first day of March, the thirtieth day of June, the
thirtieth day of September, or the thirty-first day of December.
(M) "Tax period" means the calendar quarter or calendar year
on the basis of which a taxpayer is required to pay the tax
imposed under this chapter.
(N) "Calendar year taxpayer" means a taxpayer for which the
tax period is a calendar year.
(O) "Calendar quarter taxpayer" means a taxpayer for which
the tax period is a calendar quarter.
(P) "Agent" means a person authorized by another person to
act on its behalf to undertake a transaction for the other,
including any of the following:
(1) A person receiving a fee to sell financial instruments;
(2) A person retaining only a commission from a transaction
with the other proceeds from the transaction being remitted to
another person;
(3) A person issuing licenses and permits under section
1533.13 of the Revised Code;
(4) A lottery sales agent holding a valid license issued
under section 3770.05 of the Revised Code;
(5) A person acting as an agent of the division of liquor
control under section 4301.17 of the Revised Code.
(Q) "Received" includes amounts accrued under the accrual
method of accounting.
(R) "Reporting person" means a person in a consolidated
elected taxpayer or combined taxpayer group that is designated by
that group to legally bind the group for all filings and tax
liabilities and to receive all legal notices with respect to
matters under this chapter, or, for the purposes of section
5751.04 of the Revised Code, a separate taxpayer that is not a
member of such a group.
Sec. 5751.011. (A) A group of two or more persons may elect
to be a consolidated elected taxpayer for the purposes of this
chapter if the group satisfies all of the following requirements:
(1) The group elects to include all persons, including
persons enumerated in divisions (E)(2) to (10) of section 5751.01
of the Revised Code, having at least eighty per cent, or having at
least fifty per cent, of the value of their ownership interests
owned or controlled, directly or constructively through related
interests, by common owners during all or any portion of the tax
period, together with the common owners.
A group making its initial election on the basis of the
eighty per cent ownership test may change its election so that its
consolidated elected taxpayer group is formed on the basis of the
fifty per cent ownership test if all of the following are
satisfied:
(a) When the initial election was made, the group did not
have any persons satisfying the fifty per cent ownership test;
(b) One or more of the persons in the initial group
subsequently acquires ownership interests in a person such that
the fifty per cent ownership test is satisfied, the eighty per
cent ownership test is not satisfied, and the acquired person
would be required to be included in a combined taxpayer group
under section 5751.012 of the Revised Code;
(c) The group requests the change in a written request to the
tax commissioner on or before the due date for filing the first
return due under section 5751.051 of the Revised Code after the
date of the acquisition;
(d) The group has not previously changed its election.
At the election of the group, all entities that are not
incorporated or formed under the laws of a state or of the United
States and that meet the consolidated elected ownership test shall
either be included in the group or all shall be excluded from the
group. If, at the time of registration, the group does not include
any such entities that meet the consolidated elected ownership
test, the group shall elect to either include or exclude the newly
acquired entities before the due date of the first return due
after the date of the acquisition.
Each group shall notify the tax commissioner of the foregoing
elections before the due date of the return for the period in
which the election becomes binding. If fifty per cent of the value
of a person's ownership interests is owned or controlled by each
of two consolidated elected taxpayer groups formed under the fifty
per cent ownership or control test, that person is a member of
each group for the purposes of this section, and each group shall
include in the group's taxable gross receipts fifty per cent of
that person's taxable gross receipts. Otherwise, all of that
person's taxable gross receipts shall be included in the taxable
gross receipts of the consolidated elected taxpayer group of which
the person is a member. In no event shall the ownership or control
of fifty per cent of the value of a person's ownership interests
by two otherwise unrelated groups form the basis for consolidating
the groups into a single consolidated elected taxpayer group or
permit any exclusion under division (C) of this section of taxable
gross receipts between members of the two groups. Division (A)(3)
of this section applies with respect to the elections described in
this division.
(2) The group makes the election to be treated as a
consolidated elected taxpayer in the manner prescribed under
division (D) of this section.
(3) Subject to review and audit by the tax commissioner, the
group agrees that all of the following apply:
(a) The group shall file reports as a single taxpayer for at
least the next eight calendar quarters following the election so
long as at least two or more of the members of the group meet the
requirements of division (A)(1) of this section.
(b) Before the expiration of the eighth such calendar
quarter, the group shall notify the commissioner if it elects to
cancel its designation as a consolidated elected taxpayer. If the
group does not so notify the tax commissioner, the election
remains in effect for another eight calendar quarters.
(c) If, at any time during any of those eight calendar
quarters following the election, a former member of the group no
longer meets the requirements under division (A)(1) of this
section, that member shall report and pay the tax imposed under
this chapter separately, as a member of a combined taxpayer, or,
if the former member satisfies such requirements with respect to
another consolidated elected group, as a member of that
consolidated elected group.
(d) The group agrees to the application of division (B) of
this section.
(B) A group of persons making the election under this section
shall report and pay tax on all of the group's taxable gross
receipts even if substantial nexus with this state does not exist
for one or more persons in the group.
(C)(1)(a) Members of a consolidated elected taxpayer group
shall exclude gross receipts among persons included in the
consolidated elected taxpayer group.
(b) Subject to divisions (C)(1)(c) and (C)(2) of this
section, nothing in this section shall have the effect of
requiring a consolidated elected taxpayer group to include gross
receipts received by a person enumerated in divisions (E)(2) to
(10) of section 5751.01 of the Revised Code if that person is a
member of the group pursuant to the elections made by the group
under division (A)(1) of this section.
(c)(i) As used in division (C)(1)(c) of this section, "dealer
transfer" means a transfer of property that satisfies both of the
following: (I) the property is directly transferred by any means
from one member of the group to another member of the group that
is a dealer in intangibles but is not a qualifying dealer as
defined in section 5725.24 5707.031 of the Revised Code; and (II)
the property is subsequently delivered by the dealer in
intangibles to a person that is not a member of the group.
(ii) In the event of a dealer transfer, a consolidated
elected taxpayer group shall not exclude, under division (C) of
this section, gross receipts from the transfer described in
division (C)(1)(c)(i)(I) of this section.
(2) Gross receipts related to the sale or transmission of
electricity through the use of an intermediary regional
transmission organization approved by the federal energy
regulatory commission shall be excluded from taxable gross
receipts under division (C)(1) of this section if all other
requirements of that division are met, even if the receipts are
from and to the same member of the group.
(D) To make the election to be a consolidated elected
taxpayer, a group of persons shall notify the tax commissioner of
the election in the manner prescribed by the commissioner and pay
the commissioner a registration fee equal to the lesser of two
hundred dollars or twenty dollars for each person in the group. No
additional fee shall be imposed for the addition of new members to
the group once the group has remitted a fee in the amount of two
hundred dollars. The election shall be made and the fee paid
before the beginning of the first calendar quarter to which the
election applies. The fee shall be collected and used in the same
manner as provided in section 5751.04 of the Revised Code.
The election shall be made on a form prescribed by the tax
commissioner for that purpose and shall be signed by one or more
individuals with authority, separately or together, to make a
binding election on behalf of all persons in the group.
Any person acquired or formed after the filing of the
registration shall be included in the group if the person meets
the requirements of division (A)(1) of this section, and the group
shall notify the tax commissioner of any additions to the group
with the next tax return it files with the commissioner.
Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of
the Revised Code:
(1) "School district," "joint vocational school district,"
"local taxing unit," "recognized valuation," "fixed-rate levy,"
and "fixed-sum levy" have the same meanings as used in section
5727.84 of the Revised Code.
(2) "State education aid" for a school district means the
following:
(a) For fiscal years prior to fiscal year 2010, the sum of
state aid amounts computed for the district under the following
provisions, as they existed for the applicable fiscal year:
division (A) of section 3317.022 of the Revised Code, including
the amounts calculated under sections 3317.029 and 3317.0217 of
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of
section 3317.022; divisions (B), (C), and (D) of section 3317.023;
divisions (L) and (N) of section 3317.024; section 3317.0216; and
any unit payments for gifted student services paid under sections
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,
for fiscal years 2008 and 2009, the amount computed for the
district under Section 269.20.80 of H.B. 119 of the 127th general
assembly and as that section subsequently may be amended shall be
substituted for the amount computed under division (D) of section
3317.022 of the Revised Code, and the amount computed under
Section 269.30.80 of H.B. 119 of the 127th general assembly and as
that section subsequently may be amended shall be included.
(b) For fiscal year years 2010 and for each fiscal year
thereafter 2011, the sum of the amounts computed under former
sections 3306.052, 3306.12, 3306.13, 3306.19, 3306.191, and
3306.192 of the Revised Code.;
(c) For fiscal years 2012 and 2013, the amount paid in
accordance with the section of H.B. 153 of the 129th general
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL
SCHOOL DISTRICTS."
(3) "State education aid" for a joint vocational school
district means the following:
(a) For fiscal years prior to fiscal year 2010, the sum of
the state aid computed for the district under division (N) of
section 3317.024 and section 3317.16 of the Revised Code, except
that, for fiscal years 2008 and 2009, the amount computed under
Section 269.30.80 of H.B. 119 of the 127th general assembly and as
that section subsequently may be amended shall be included.
(b) For fiscal years 2010 and 2011, the amount paid in
accordance with the section of this act H.B. 1 of the 128th
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL
DISTRICTS."
(c) For fiscal years 2012 and 2013, the amount paid in
accordance with the section of H.B. 153 of the 129th general
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."
(4) "State education aid offset" means the amount determined
for each school district or joint vocational school district under
division (A)(1) of section 5751.21 of the Revised Code.
(5) "Machinery and equipment property tax value loss" means
the amount determined under division (C)(1) of this section.
(6) "Inventory property tax value loss" means the amount
determined under division (C)(2) of this section.
(7) "Furniture and fixtures property tax value loss" means
the amount determined under division (C)(3) of this section.
(8) "Machinery and equipment fixed-rate levy loss" means the
amount determined under division (D)(1) of this section.
(9) "Inventory fixed-rate levy loss" means the amount
determined under division (D)(2) of this section.
(10) "Furniture and fixtures fixed-rate levy loss" means the
amount determined under division (D)(3) of this section.
(11) "Total fixed-rate levy loss" means the sum of the
machinery and equipment fixed-rate levy loss, the inventory
fixed-rate levy loss, the furniture and fixtures fixed-rate levy
loss, and the telephone company fixed-rate levy loss.
(12) "Fixed-sum levy loss" means the amount determined under
division (E) of this section.
(13) "Machinery and equipment" means personal property
subject to the assessment rate specified in division (F) of
section 5711.22 of the Revised Code.
(14) "Inventory" means personal property subject to the
assessment rate specified in division (E) of section 5711.22 of
the Revised Code.
(15) "Furniture and fixtures" means personal property subject
to the assessment rate specified in division (G) of section
5711.22 of the Revised Code.
(16) "Qualifying levies" are levies in effect for tax year
2004 or applicable to tax year 2005 or approved at an election
conducted before September 1, 2005. For the purpose of determining
the rate of a qualifying levy authorized by section 5705.212 or
5705.213 of the Revised Code, the rate shall be the rate that
would be in effect for tax year 2010.
(17) "Telephone property" means tangible personal property of
a telephone, telegraph, or interexchange telecommunications
company subject to an assessment rate specified in section
5727.111 of the Revised Code in tax year 2004.
(18) "Telephone property tax value loss" means the amount
determined under division (C)(4) of this section.
(19) "Telephone property fixed-rate levy loss" means the
amount determined under division (D)(4) of this section.
(20) "Taxes charged and payable" means taxes charged and
payable after the reduction required by section 319.301 of the
Revised Code but before the reductions required by sections
319.302 and 323.152 of the Revised Code.
(21) "Median estate tax collections" means, in the case of a
municipal corporation to which revenue from the taxes levied in
Chapter 5731. of the Revised Code was distributed in each of
calendar years 2006, 2007, 2008, and 2009, the median of those
distributions. In the case of a municipal corporation to which no
distributions were made in one or more of those years, "median
estate tax collections" means zero.
(22) "Total resources," in the case of a school district,
means the sum of the amounts in divisions (A)(22)(a) to (h) of
this section less any reduction required under division (A)(32) of
this section.
(a) The state education aid for fiscal year 2010;
(b) The sum of the payments received by the school district
in fiscal year 2010 for current expense levy losses pursuant to
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of
section 5751.21 of the Revised Code, excluding the portion of such
payments attributable to levies for joint vocational school
district purposes;
(c) The sum of fixed-sum levy loss payments received by the
school district in fiscal year 2010 pursuant to division (E)(1) of
section 5727.85 and division (E)(1) of section 5751.21 of the
Revised Code for fixed-sum levies imposed for a purpose other than
paying debt charges;
(d) Fifty per cent of the school district's taxes charged and
payable against all property on the tax list of real and public
utility property for current expense purposes for tax year 2008,
including taxes charged and payable from emergency levies imposed
under section 5709.194 of the Revised Code and excluding taxes
levied for joint vocational school district purposes;
(e) Fifty per cent of the school district's taxes charged and
payable against all property on the tax list of real and public
utility property for current expenses for tax year 2009, including
taxes charged and payable from emergency levies and excluding
taxes levied for joint vocational school district purposes;
(f) The school district's taxes charged and payable against
all property on the general tax list of personal property for
current expenses for tax year 2009, including taxes charged and
payable from emergency levies;
(g) The amount certified for fiscal year 2010 under division
(A)(2) of section 3317.08 of the Revised Code;
(h) Distributions received during calendar year 2009 from
taxes levied under section 718.09 of the Revised Code.
(23) "Total resources," in the case of a joint vocational
school district, means the sum of amounts in divisions (A)(23)(a)
to (g) of this section less any reduction required under division
(A)(32) of this section.
(a) The state education aid for fiscal year 2010;
(b) The sum of the payments received by the joint vocational
school district in fiscal year 2010 for current expense levy
losses pursuant to division (C)(2) of section 5727.85 and
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;
(c) Fifty per cent of the joint vocational school district's
taxes charged and payable against all property on the tax list of
real and public utility property for current expense purposes for
tax year 2008;
(d) Fifty per cent of the joint vocational school district's
taxes charged and payable against all property on the tax list of
real and public utility property for current expenses for tax year
2009;
(e) Fifty per cent of a city, local, or exempted village
school district's taxes charged and payable against all property
on the tax list of real and public utility property for current
expenses of the joint vocational school district for tax year
2008;
(f) Fifty per cent of a city, local, or exempted village
school district's taxes charged and payable against all property
on the tax list of real and public utility property for current
expenses of the joint vocational school district for tax year
2009;
(g) The joint vocational school district's taxes charged and
payable against all property on the general tax list of personal
property for current expenses for tax year 2009.
(24) "Total resources," in the case of county mental health
and disability related functions, means the sum of the amounts in
divisions (A)(24)(a) and (b) of this section less any reduction
required under division (A)(32) of this section.
(a) The sum of the payments received by the county for mental
health and developmental disability related functions in calendar
year 2010 under division (A)(1) of section 5727.86 and division
(A)(1) and (2) of section 5751.22 of the Revised Code as they
existed at that time;
(b) With respect to taxes levied by the county for mental
health and developmental disability related purposes, the taxes
charged and payable for such purposes against all property on the
tax list of real and public utility property for tax year 2009.
(25) "Total resources," in the case of county senior services
related functions, means the sum of the amounts in divisions
(A)(25)(a) and (b) of this section less any reduction required
under division (A)(32) of this section.
(a) The sum of the payments received by the county for senior
services related functions in calendar year 2010 under division
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section
5751.22 of the Revised Code as they existed at that time;
(b) With respect to taxes levied by the county for senior
services related purposes, the taxes charged and payable for such
purposes against all property on the tax list of real and public
utility property for tax year 2009.
(26) "Total resources," in the case of county children's
services related functions, means the sum of the amounts in
divisions (A)(26)(a) and (b) of this section less any reduction
required under division (A)(32) of this section.
(a) The sum of the payments received by the county for
children's services related functions in calendar year 2010 under
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of
section 5751.22 of the Revised Code as they existed at that time;
(b) With respect to taxes levied by the county for children's
services related purposes, the taxes charged and payable for such
purposes against all property on the tax list of real and public
utility property for tax year 2009.
(27) "Total resources," in the case of county public health
related functions, means the sum of the amounts in divisions
(A)(27)(a) and (b) of this section less any reduction required
under division (A)(32) of this section.
(a) The sum of the payments received by the county for public
health related functions in calendar year 2010 under division
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section
5751.22 of the Revised Code as they existed at that time;
(b) With respect to taxes levied by the county for public
health related purposes, the taxes charged and payable for such
purposes against all property on the tax list of real and public
utility property for tax year 2009.
(28) "Total resources," in the case of all county functions
not included in divisions (A)(24) to (27) of this section, means
the sum of the amounts in divisions (A)(28)(a) to (d) of this
section less any reduction required under division (A)(32) of this
section.
(a) The sum of the payments received by the county for all
other purposes in calendar year 2010 under division (A)(1) of
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of
the Revised Code as they existed at that time;
(b) The county's percentage share of county undivided local
government fund allocations as certified to the tax commissioner
for calendar year 2010 by the county auditor under division (J) of
section 5747.51 of the Revised Code or division (F) of section
5747.53 of the Revised Code multiplied by the total amount
actually distributed in calendar year 2010 from the county
undivided local government fund;
(c) With respect to taxes levied by the county for all other
purposes, the taxes charged and payable for such purposes against
all property on the tax list of real and public utility property
for tax year 2009, excluding taxes charged and payable for the
purpose of paying debt charges;
(d) The sum of the amounts distributed to the county in
calendar year 2010 for the taxes levied pursuant to sections
5739.021 and 5741.021 of the Revised Code.
(29) "Total resources," in the case of a municipal
corporation, means the sum of the amounts in divisions (A)(29)(a)
to (g) of this section less any reduction required under division
(A)(32) of this section.
(a) The sum of the payments received by the municipal
corporation in calendar year 2010 under division (A)(1) of section
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the
Revised Code as they existed at that time;
(b) The municipal corporation's percentage share of county
undivided local government fund allocations as certified to the
tax commissioner for calendar year 2010 by the county auditor
under division (J) of section 5747.51 of the Revised Code or
division (F) of section 5747.53 of the Revised Code multiplied by
the total amount actually distributed in calendar year 2010 from
the county undivided local government fund;
(c) The sum of the amounts distributed to the municipal
corporation in calendar year 2010 pursuant to section 5747.50 of
the Revised Code;
(d) With respect to taxes levied by the municipal
corporation, the taxes charged and payable against all property on
the tax list of real and public utility property for current
expenses, defined in division (A)(33) of this section, for tax
year 2009;
(e) The amount of admissions tax collected by the municipal
corporation in calendar year 2008, or if such information has not
yet been reported to the tax commissioner, in the most recent year
before 2008 for which the municipal corporation has reported data
to the commissioner;
(f) The amount of income taxes collected by the municipal
corporation in calendar year 2008, or if such information has not
yet been reported to the tax commissioner, in the most recent year
before 2008 for which the municipal corporation has reported data
to the commissioner;
(g) The municipal corporation's median estate tax
collections.
(30) "Total resources," in the case of a township, means the
sum of the amounts in divisions (A)(30)(a) to (c) of this section
less any reduction required under division (A)(32) of this
section.
(a) The sum of the payments received by the township in
calendar year 2010 pursuant to division (A)(1) of section 5727.86
of the Revised Code and divisions (A)(1) and (2) of section
5751.22 of the Revised Code as they existed at that time,
excluding payments received for debt purposes;
(b) The township's percentage share of county undivided local
government fund allocations as certified to the tax commissioner
for calendar year 2010 by the county auditor under division (J) of
section 5747.51 of the Revised Code or division (F) of section
5747.53 of the Revised Code multiplied by the total amount
actually distributed in calendar year 2010 from the county
undivided local government fund;
(c) With respect to taxes levied by the township, the taxes
charged and payable against all property on the tax list of real
and public utility property for tax year 2009 excluding taxes
charged and payable for the purpose of paying debt charges.
(31) "Total resources," in the case of a local taxing unit
that is not a county, municipal corporation, or township, means
the sum of the amounts in divisions (A)(31)(a) to (e) of this
section less any reduction required under division (A)(32) of this
section.
(a) The sum of the payments received by the local taxing unit
in calendar year 2010 pursuant to division (A)(1) of section
5727.86 of the Revised Code and divisions (A)(1) and (2) of
section 5751.22 of the Revised Code as they existed at that time;
(b) The local taxing unit's percentage share of county
undivided local government fund allocations as certified to the
tax commissioner for calendar year 2010 by the county auditor
under division (J) of section 5747.51 of the Revised Code or
division (F) of section 5747.53 of the Revised Code multiplied by
the total amount actually distributed in calendar year 2010 from
the county undivided local government fund;
(c) With respect to taxes levied by the local taxing unit,
the taxes charged and payable against all property on the tax list
of real and public utility property for tax year 2009 excluding
taxes charged and payable for the purpose of paying debt charges;
(d) The amount received from the tax commissioner during
calendar year 2010 for sales or use taxes authorized under
sections 5739.023 and 5741.022 of the Revised Code;
(e) For institutions of higher education receiving tax
revenue from a local levy, as identified in section 3358.02 of the
Revised Code, the final state share of instruction allocation for
fiscal year 2010 as calculated by the board of regents and
reported to the state controlling board.
(32) If a fixed-rate levy that is a qualifying levy is not
imposed in any year after tax year 2010, "total resources" used to
compute payments to be made under division (C)(12) of section
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the
Revised Code in the tax years following the last year the levy is
imposed shall be reduced by the amount of payments attributable to
the fixed-rate levy loss of that levy as would be computed under
division (C)(2) of section 5727.85, division (A)(1) of section
5727.85, divisions (C)(8) and (9) of section 5751.21, or division
(A)(1) of section 5751.22 of the Revised Code.
(33) "Municipal current expense property tax levies" means
all property tax levies of a municipality, except those with the
following levy names: airport resurfacing; bond or any levy name
including the word "bond"; capital improvement or any levy name
including the word "capital"; debt or any levy name including the
word "debt"; equipment or any levy name including the word
"equipment," unless the levy is for combined operating and
equipment; employee termination fund; fire pension or any levy
containing the word "pension," including police pensions;
fireman's fund or any practically similar name; sinking fund; road
improvements or any levy containing the word "road"; fire truck or
apparatus; flood or any levy containing the word "flood";
conservancy district; county health; note retirement; sewage, or
any levy containing the words "sewage" or "sewer"; park
improvement; parkland acquisition; storm drain; street or any levy
name containing the word "street"; lighting, or any levy name
containing the word "lighting"; and water.
(34) "Current expense TPP allocation" means, in the case of a
school district or joint vocational school district, the sum of
the payments received by the school district in fiscal year 2011
pursuant to divisions (C)(10) and (11) of section 5751.21 of the
Revised Code to the extent paid for current expense levies. In the
case of a municipal corporation, "current expense TPP allocation"
means the sum of the payments received by the municipal
corporation in calendar year 2010 pursuant to divisions (A)(1) and
(2) of section 5751.22 of the Revised Code to the extent paid for
municipal current expense property tax levies as defined in
division (A)(33) of this section. If a fixed-rate levy that is a
qualifying levy is not imposed in any year after tax year 2010,
"current expense TPP allocation" used to compute payments to be
made under division (C)(12) of section 5751.21 or division
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax
years following the last year the levy is imposed shall be reduced
by the amount of payments attributable to the fixed-rate levy loss
of that levy as would be computed under divisions (C)(10) and (11)
of section 5751.21 or division (A)(1) of section 5751.22 of the
Revised Code.
(35) "TPP allocation" means the sum of payments received by a
local taxing unit in calendar year 2010 pursuant to divisions
(A)(1) and (2) of section 5751.22 of the Revised Code. If a
fixed-rate levy that is a qualifying levy is not imposed in any
year after tax year 2010, "TPP allocation" used to compute
payments to be made under division (A)(1)(b) or (c) of section
5751.22 of the Revised Code in the tax years following the last
year the levy is imposed shall be reduced by the amount of payment
attributable to the fixed-rate levy loss of that levy as would be
computed under division (A)(1) of that section.
(36) "Total TPP allocation" means, in the case of a school
district or joint vocational school district, the sum of the
amounts received in fiscal year 2011 pursuant to divisions (C)(10)
and (11) and (D) of section 5751.21 of the Revised Code. In the
case of a local taxing unit, "total TPP allocation" means the sum
of payments received by the unit in calendar year 2010 pursuant to
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised
Code. If a fixed-rate levy that is a qualifying levy is not
imposed in any year after tax year 2010, "total TPP allocation"
used to compute payments to be made under division (C)(12) of
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of
the Revised Code in the tax years following the last year the levy
is imposed shall be reduced by the amount of payments attributable
to the fixed-rate levy loss of that levy as would be computed
under divisions (C)(10) and (11) of section 5751.21 or division
(A)(1) of section 5751.22 of the Revised Code.
(37) "Non-current expense TPP allocation" means the
difference of total TPP allocation minus the sum of current
expense TPP allocation and the portion of total TPP allocation
constituting reimbursement for debt levies, pursuant to division
(D) of section 5751.21 of the Revised Code in the case of a school
district or joint vocational school district and pursuant to
division (A)(3) of section 5751.22 of the Revised Code in the case
of a municipal corporation.
(38) "Threshold per cent" means, in the case of a school
district or joint vocational school district, two per cent for
fiscal year 2012 and four per cent for fiscal years 2013 and
thereafter. In the case of a local taxing unit, "threshold per
cent" means two per cent for tax year 2011 and four per cent for
tax years 2012 and thereafter.
(B) The commercial activities tax receipts fund is hereby
created in the state treasury and shall consist of money arising
from the tax imposed under this chapter. Eighty-five
one-hundredths of one per cent of the money credited to that fund
shall be credited to the tax reform system implementation fund,
which is hereby created in the state treasury, and shall be used
to defray the costs incurred by the department of taxation in
administering the tax imposed by this chapter and in implementing
tax reform measures. Fifty million dollars shall be credited each
fiscal year from the commercial activities tax receipts fund to
the local government integrating and innovation fund created under
section 164.30 of the Revised Code, beginning with fiscal year
2012. The remainder in the commercial activities tax receipts fund
shall be credited for each fiscal year in the following
percentages to the general revenue fund, to the school district
tangible property tax replacement fund, which is hereby created in
the state treasury for the purpose of making the payments
described in section 5751.21 of the Revised Code, and to the local
government tangible property tax replacement fund, which is hereby
created in the state treasury for the purpose of making the
payments described in section 5751.22 of the Revised Code, in the
following percentages:
Fiscal year |
General Revenue Fund |
School District Tangible Property Tax Replacement Fund |
Local Government Tangible Property Tax Replacement Fund |
|
|
2006 |
67.7% |
22.6% |
9.7% |
|
|
2007 |
0% |
70.0% |
30.0% |
|
|
2008 |
0% |
70.0% |
30.0% |
|
|
2009 |
0% |
70.0% |
30.0% |
|
|
2010 |
0% |
70.0% |
30.0% |
|
|
2011 |
0% |
70.0% |
30.0% |
|
|
2012 |
5.3 25.0% |
70.0 52.5% |
24.7 22.5% |
|
|
2013 and thereafter |
10.6 50.0% |
70.0 35.0% |
19.4 15.0% |
|
|
2014 |
14.1% |
70.0% |
15.9% |
|
|
2015 |
17.6% |
70.0%% |
12.4% |
|
|
2016 |
21.1% |
70.0%% |
8.9% |
|
|
2017 |
24.6% |
70.0%% |
5.4% |
|
|
2018 |
28.1% |
70.0%% |
1.9% |
|
|
2019 and thereafter |
30% |
70%% |
0% |
|
|
(C) Not later than September 15, 2005, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its machinery and equipment,
inventory property, furniture and fixtures property, and telephone
property tax value losses, which are the applicable amounts
described in divisions (C)(1), (2), (3), and (4) of this section,
except as provided in division (C)(5) of this section:
(1) Machinery and equipment property tax value loss is the
taxable value of machinery and equipment property as reported by
taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, thirty-three and eight-tenths per
cent;
(b) For tax year 2007, sixty-one and three-tenths per cent;
(c) For tax year 2008, eighty-three per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
(2) Inventory property tax value loss is the taxable value of
inventory property as reported by taxpayers for tax year 2004
multiplied by:
(a) For tax year 2006, a fraction, the numerator of which is
five and three-fourths and the denominator of which is
twenty-three;
(b) For tax year 2007, a fraction, the numerator of which is
nine and one-half and the denominator of which is twenty-three;
(c) For tax year 2008, a fraction, the numerator of which is
thirteen and one-fourth and the denominator of which is
twenty-three;
(d) For tax year 2009 and thereafter a fraction, the
numerator of which is seventeen and the denominator of which is
twenty-three.
(3) Furniture and fixtures property tax value loss is the
taxable value of furniture and fixture property as reported by
taxpayers for tax year 2004 multiplied by:
(a) For tax year 2006, twenty-five per cent;
(b) For tax year 2007, fifty per cent;
(c) For tax year 2008, seventy-five per cent;
(d) For tax year 2009 and thereafter, one hundred per cent.
The taxable value of property reported by taxpayers used in
divisions (C)(1), (2), and (3) of this section shall be such
values as determined to be final by the tax commissioner as of
August 31, 2005. Such determinations shall be final except for any
correction of a clerical error that was made prior to August 31,
2005, by the tax commissioner.
(4) Telephone property tax value loss is the taxable value of
telephone property as taxpayers would have reported that property
for tax year 2004 if the assessment rate for all telephone
property for that year were twenty-five per cent, multiplied by:
(a) For tax year 2006, zero per cent;
(b) For tax year 2007, zero per cent;
(c) For tax year 2008, zero per cent;
(d) For tax year 2009, sixty per cent;
(e) For tax year 2010, eighty per cent;
(f) For tax year 2011 and thereafter, one hundred per cent.
(5) Division (C)(5) of this section applies to any school
district, joint vocational school district, or local taxing unit
in a county in which is located a facility currently or formerly
devoted to the enrichment or commercialization of uranium or
uranium products, and for which the total taxable value of
property listed on the general tax list of personal property for
any tax year from tax year 2001 to tax year 2004 was fifty per
cent or less of the taxable value of such property listed on the
general tax list of personal property for the next preceding tax
year.
In computing the fixed-rate levy losses under divisions
(D)(1), (2), and (3) of this section for any school district,
joint vocational school district, or local taxing unit to which
division (C)(5) of this section applies, the taxable value of such
property as listed on the general tax list of personal property
for tax year 2000 shall be substituted for the taxable value of
such property as reported by taxpayers for tax year 2004, in the
taxing district containing the uranium facility, if the taxable
value listed for tax year 2000 is greater than the taxable value
reported by taxpayers for tax year 2004. For the purpose of making
the computations under divisions (D)(1), (2), and (3) of this
section, the tax year 2000 valuation is to be allocated to
machinery and equipment, inventory, and furniture and fixtures
property in the same proportions as the tax year 2004 values. For
the purpose of the calculations in division (A) of section 5751.21
of the Revised Code, the tax year 2004 taxable values shall be
used.
To facilitate the calculations required under division (C) of
this section, the county auditor, upon request from the tax
commissioner, shall provide by August 1, 2005, the values of
machinery and equipment, inventory, and furniture and fixtures for
all single-county personal property taxpayers for tax year 2004.
(D) Not later than September 15, 2005, the tax commissioner
shall determine for each tax year from 2006 through 2009 for each
school district, joint vocational school district, and local
taxing unit its machinery and equipment, inventory, and furniture
and fixtures fixed-rate levy losses, and for each tax year from
2006 through 2011 its telephone property fixed-rate levy loss.
Except as provided in division (F) of this section, such losses
are the applicable amounts described in divisions (D)(1), (2),
(3), and (4) of this section:
(1) The machinery and equipment fixed-rate levy loss is the
machinery and equipment property tax value loss multiplied by the
sum of the tax rates of fixed-rate qualifying levies.
(2) The inventory fixed-rate loss is the inventory property
tax value loss multiplied by the sum of the tax rates of
fixed-rate qualifying levies.
(3) The furniture and fixtures fixed-rate levy loss is the
furniture and fixture property tax value loss multiplied by the
sum of the tax rates of fixed-rate qualifying levies.
(4) The telephone property fixed-rate levy loss is the
telephone property tax value loss multiplied by the sum of the tax
rates of fixed-rate qualifying levies.
(E) Not later than September 15, 2005, the tax commissioner
shall determine for each school district, joint vocational school
district, and local taxing unit its fixed-sum levy loss. The
fixed-sum levy loss is the amount obtained by subtracting the
amount described in division (E)(2) of this section from the
amount described in division (E)(1) of this section:
(1) The sum of the machinery and equipment property tax value
loss, the inventory property tax value loss, and the furniture and
fixtures property tax value loss, and, for 2008 through 2017 2010,
the telephone property tax value loss of the district or unit
multiplied by the sum of the fixed-sum tax rates of qualifying
levies. For 2006 through 2010, this computation shall include all
qualifying levies remaining in effect for the current tax year and
any school district levies imposed under section 5705.194 or
5705.213 of the Revised Code that are qualifying levies not
remaining in effect for the current year. For 2011 through 2017 in
the case of school district levies imposed under section 5705.194
or 5705.213 of the Revised Code and for all years after 2010 in
the case of other fixed-sum levies, this computation shall include
only qualifying levies remaining in effect for the current year.
For purposes of this computation, a qualifying school district
levy imposed under section 5705.194 or 5705.213 of the Revised
Code remains in effect in a year after 2010 only if, for that
year, the board of education levies a school district levy imposed
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the
Revised Code for an annual sum at least equal to the annual sum
levied by the board in tax year 2004 less the amount of the
payment certified under this division for 2006.
(2) The total taxable value in tax year 2004 less the sum of
the machinery and equipment, inventory, furniture and fixtures,
and telephone property tax value losses in each school district,
joint vocational school district, and local taxing unit multiplied
by one-half of one mill per dollar.
(3) For the calculations in divisions (E)(1) and (2) of this
section, the tax value losses are those that would be calculated
for tax year 2009 under divisions (C)(1), (2), and (3) of this
section and for tax year 2011 under division (C)(4) of this
section.
(4) To facilitate the calculation under divisions (D) and (E)
of this section, not later than September 1, 2005, any school
district, joint vocational school district, or local taxing unit
that has a qualifying levy that was approved at an election
conducted during 2005 before September 1, 2005, shall certify to
the tax commissioner a copy of the county auditor's certificate of
estimated property tax millage for such levy as required under
division (B) of section 5705.03 of the Revised Code, which is the
rate that shall be used in the calculations under such divisions.
If the amount determined under division (E) of this section
for any school district, joint vocational school district, or
local taxing unit is greater than zero, that amount shall equal
the reimbursement to be paid pursuant to division (E) of section
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,
and the one-half of one mill that is subtracted under division
(E)(2) of this section shall be apportioned among all contributing
fixed-sum levies in the proportion that each levy bears to the sum
of all fixed-sum levies within each school district, joint
vocational school district, or local taxing unit.
(F) If a school district levies a tax under section 5705.219
of the Revised Code, the fixed-rate levy loss for qualifying
levies, to the extent repealed under that section, shall equal the
sum of the following amounts in lieu of the amounts computed for
such levies under division (D) of this section:
(1) The sum of the rates of qualifying levies to the extent
so repealed multiplied by the sum of the machinery and equipment,
inventory, and furniture and fixtures tax value losses for 2009 as
determined under that division;
(2) The sum of the rates of qualifying levies to the extent
so repealed multiplied by the telephone property tax value loss
for 2011 as determined under that division.
The fixed-rate levy losses for qualifying levies to the
extent not repealed under section 5705.219 of the Revised Code
shall be as determined under division (D) of this section. The
revised fixed-rate levy losses determined under this division and
division (D) of this section first apply in the year following the
first year the district levies the tax under section 5705.219 of
the Revised Code.
(G) Not later than October 1, 2005, the tax commissioner
shall certify to the department of education for every school
district and joint vocational school district the machinery and
equipment, inventory, furniture and fixtures, and telephone
property tax value losses determined under division (C) of this
section, the machinery and equipment, inventory, furniture and
fixtures, and telephone fixed-rate levy losses determined under
division (D) of this section, and the fixed-sum levy losses
calculated under division (E) of this section. The calculations
under divisions (D) and (E) of this section shall separately
display the levy loss for each levy eligible for reimbursement.
(H) Not later than October 1, 2005, the tax commissioner
shall certify the amount of the fixed-sum levy losses to the
county auditor of each county in which a school district, joint
vocational school district, or local taxing unit with a fixed-sum
levy loss reimbursement has territory.
(I) Not later than the twenty-eighth day of February each
year beginning in 2011 and ending in 2014, the tax commissioner
shall certify to the department of education for each school
district first levying a tax under section 5705.219 of the Revised
Code in the preceding year the revised fixed-rate levy losses
determined under divisions (D) and (F) of this section.
Sec. 5751.21. (A) Not later than the thirtieth day of July
of 2007 through 2017 2010, the department of education shall
consult with the director of budget and management and determine
the following for each school district and each joint vocational
school district eligible for payment under division (B) of this
section:
(1) The state education aid offset, which, except as provided
in division (A)(1)(c) of this section, is the difference obtained
by subtracting the amount described in division (A)(1)(b) of this
section from the amount described in division (A)(1)(a) of this
section:
(a) The state education aid computed for the school district
or joint vocational school district for the current fiscal year as
of the thirtieth day of July;
(b) The state education aid that would be computed for the
school district or joint vocational school district for the
current fiscal year as of the thirtieth day of July if the
recognized valuation used in the calculation in division (B)(1) of
section 3306.13 of the Revised Code as that division existed for
fiscal years 2010 and 2011 included the machinery and equipment,
inventory, furniture and fixtures, and telephone property tax
value losses for the school district or joint vocational school
district for the second preceding tax year, and if taxes charged
and payable associated with the tax value losses are accounted for
in any state education aid computation dependent on taxes charged
and payable.
(c) The state education aid offset for fiscal year 2010 and
fiscal year 2011 equals the greater of the state education aid
offset calculated for that fiscal year under divisions (A)(1)(a)
and (b) of this section and the state education aid offset
calculated for fiscal year 2009. For fiscal year 2012 and 2013,
the state education aid offset equals the state education aid
offset for fiscal year 2011.
(2) The For fiscal years 2008 through 2011, the greater of
zero or the difference obtained by subtracting the state education
aid offset determined under division (A)(1) of this section from
the sum of the machinery and equipment fixed-rate levy loss, the
inventory fixed-rate levy loss, furniture and fixtures fixed-rate
levy loss, and telephone property fixed-rate levy loss certified
under divisions (G) and (I) of section 5751.20 of the Revised Code
for all taxing districts in each school district and joint
vocational school district for the second preceding tax year.
By the thirtieth day of July of each such year, the
department of education and the director of budget and management
shall agree upon the amount to be determined under division (A)(1)
of this section.
(B) On or before the thirty-first day of August of each year
beginning in 2008, 2009, and 2010, the department of education
shall recalculate the offset described under division (A) of this
section for the previous fiscal year and recalculate the payments
made under division (C) of this section in the preceding fiscal
year using the offset calculated under this division. If the
payments calculated under this division differ from the payments
made under division (C) of this section in the preceding fiscal
year, the difference shall either be paid to a school district or
recaptured from a school district through an adjustment at the
same times during the current fiscal year that the payments under
division (C) of this section are made. In August and October of
the current fiscal year, the amount of each adjustment shall be
three-sevenths of the amount calculated under this division. In
May of the current fiscal year, the adjustment shall be
one-seventh of the amount calculated under this division.
(C) The department of education shall pay from the school
district tangible property tax replacement fund to each school
district and joint vocational school district all of the following
for fixed-rate levy losses certified under divisions (G) and (I)
of section 5751.20 of the Revised Code:
(1) On or before May 31, 2006, one-seventh of the total
fixed-rate levy loss for tax year 2006;
(2) On or before August 31, 2006, and October 31, 2006,
one-half of six-sevenths of the total fixed-rate levy loss for tax
year 2006;
(3) On or before May 31, 2007, one-seventh of the total
fixed-rate levy loss for tax year 2007;
(4) On or before August 31, 2007, and October 31, 2007,
forty-three per cent of the amount determined under division
(A)(2) of this section for fiscal year 2008, but not less than
zero, plus one-half of six-sevenths of the difference between the
total fixed-rate levy loss for tax year 2007 and the total
fixed-rate levy loss for tax year 2006.
(5) On or before May 31, 2008, fourteen per cent of the
amount determined under division (A)(2) of this section for fiscal
year 2008, but not less than zero, plus one-seventh of the
difference between the total fixed-rate levy loss for tax year
2008 and the total fixed-rate levy loss for tax year 2006.
(6) On or before August 31, 2008, and October 31, 2008,
forty-three per cent of the amount determined under division
(A)(2) of this section for fiscal year 2009, but not less than
zero, plus one-half of six-sevenths of the difference between the
total fixed-rate levy loss in tax year 2008 and the total
fixed-rate levy loss in tax year 2007.
(7) On or before May 31, 2009, fourteen per cent of the
amount determined under division (A)(2) of this section for fiscal
year 2009, but not less than zero, plus one-seventh of the
difference between the total fixed-rate levy loss for tax year
2009 and the total fixed-rate levy loss for tax year 2007.
(8) On or before August 31, 2009, and October 31, 2009,
forty-three per cent of the amount determined under division
(A)(2) of this section for fiscal year 2010, but not less than
zero, plus one-half of six-sevenths of the difference between the
total fixed-rate levy loss in tax year 2009 and the total
fixed-rate levy loss in tax year 2008.
(9) On or before May 31, 2010, fourteen per cent of the
amount determined under division (A)(2) of this section for fiscal
year 2010, but not less than zero, plus one-seventh of the
difference between the total fixed-rate levy loss in tax year 2010
and the total fixed-rate levy loss in tax year 2008.
(10) On or before August 31, 2010, and October 31, 2010,
forty-three per cent of the amount determined under division
(A)(2) of this section for fiscal year 2011, but not less than
zero, plus one-half of six-sevenths of the difference between the
telephone property fixed-rate levy loss for tax year 2010 and the
telephone property fixed-rate levy loss for tax year 2009.
(11) On or before May 31, 2011, fourteen per cent of the
amount determined under division (A)(2) of this section for fiscal
year 2011, but not less than zero, plus one-seventh of the
difference between the telephone property fixed-rate levy loss for
tax year 2011 and the telephone property fixed-rate levy loss for
tax year 2009.
(12) On or before August 31, 2011, and October 31, 2011,
forty-three per cent of the amount determined under division
(A)(2) of this section, but not less than zero, plus one-half of
six-sevenths of the difference between the telephone property
fixed-rate levy loss for tax year 2011 and the telephone property
fixed-rate levy loss for tax year 2010.
(13) On or before May 31, 2012, fourteen per cent of the
amount determined under division (A)(2) of this section for fiscal
year 2012, but not less than zero, plus one-seventh of the
difference between the telephone property fixed-rate levy loss for
tax year 2011 and the telephone property fixed-rate levy loss for
tax year 2010.
(14) On or before August 31, 2012, October 31, 2012, and May
31, 2013, the amount determined under division (A)(2) of this
section but not less than zero, multiplied by one-third.
(15) On or before August 31, 2013, October 31, 2013, and May
31, 2014, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is nine
and the denominator of which is seventeen, but not less than zero,
multiplied by one-third.
(16) On or before August 31, 2014, October 31, 2014, and May
31, 2015, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is seven
and the denominator of which is seventeen, but not less than zero,
multiplied by one-third.
(17) On or before August 31, 2015, October 31, 2015, and May
31, 2016, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is five
and the denominator of which is seventeen, but not less than zero,
multiplied by one-third.
(18) On or before August 31, 2016, October 31, 2016, and May
31, 2017, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is three
and the denominator of which is seventeen, but not less than zero,
multiplied by one-third.
(19) On or before August 31, 2017, October 31, 2017, and May
31, 2018, the amount determined under division (A)(2) of this
section multiplied by a fraction, the numerator of which is one
and the denominator of which is seventeen, but not less than zero,
multiplied by one-third For fiscal years 2012 and thereafter, the
sum of the amounts in divisions (C)(12)(a) or (b) and (c) of this
section shall be paid on or before the twentieth day of November
and the last day of May:
(a) If the ratio of current expense TPP allocation to total
resources is equal to or less than the threshold per cent, zero;
(b) If the ratio of current expense TPP allocation to total
resources is greater than the threshold per cent, fifty per cent
of the difference of current expense TPP allocation minus the
product of total resources multiplied by the threshold per cent;
(c) Fifty per cent of the product of non-current expense TPP
allocation multiplied by seventy-five per cent for fiscal year
2012 and fifty per cent for fiscal years 2013 and thereafter.
The department of education shall report to each school
district and joint vocational school district the apportionment of
the payments among the school district's or joint vocational
school district's funds based on the certifications under
divisions (G) and (I) of section 5751.20 of the Revised Code.
Any qualifying levy that is a fixed-rate levy that is not
applicable to a tax year after 2010 does not qualify for any
reimbursement after the tax year to which it is last applicable.
(D) For taxes levied within the ten-mill limitation for debt
purposes in tax year 2005, payments shall be made equal to one
hundred per cent of the loss computed as if the tax were a
fixed-rate levy, but those payments shall extend from fiscal year
2006 through fiscal year 2018, as long as the qualifying levy
continues to be used for debt purposes. If the purpose of such a
qualifying levy is changed, that levy becomes subject to the
payments determined in division (C) of this section.
(E)(1) Not later than January 1, 2006, for each fixed-sum
levy of each school district or joint vocational school district
and for each year for which a determination is made under division
(E) of section 5751.20 of the Revised Code that a fixed-sum levy
loss is to be reimbursed, the tax commissioner shall certify to
the department of education the fixed-sum levy loss determined
under that division. The certification shall cover a time period
sufficient to include all fixed-sum levies for which the
commissioner made such a determination. The On or before the last
day of May of the current year, the department shall pay from the
school district property tax replacement fund to the school
district or joint vocational school district one-third of the
fixed-sum levy loss so certified for each year, plus one-third of
the amount certified under division (I) of section 5751.20 of the
Revised Code, and on or before the last twentieth day of May,
August, and October of the current year November, two-thirds of
the fixed-sum levy loss so certified, plus two-thirds of the
amount certified under division (I) of section 5751.20 of the
Revised Code. Payments under this division of the amounts
certified under division (I) of section 5751.20 of the Revised
Code shall continue until the levy adopted under section 5705.219
of the Revised Code expires.
(2) Beginning in 2006, by the first day of January of each
year, the tax commissioner shall review the certification
originally made under division (E)(1) of this section. If the
commissioner determines that a debt levy that had been scheduled
to be reimbursed in the current year has expired, a revised
certification for that and all subsequent years shall be made to
the department of education.
(F) Beginning in September 2007 and through June 2018 2013,
the director of budget and management shall transfer from the
school district tangible property tax replacement fund to the
general revenue fund each of the following:
(1) On the first day of September, one-fourth of the amount
determined for that fiscal year under division (A)(1) of this
section;
(2) On the first day of December, one-fourth of the amount
determined for that fiscal year under division (A)(1) of this
section;
(3) On the first day of March, one-fourth of the amount
determined for that fiscal year under division (A)(1) of this
section;
(4) On the first day of June, one-fourth of the amount
determined for that fiscal year under division (A)(1) of this
section.
If, when a transfer is required under division (F)(1), (2),
(3), or (4) of this section, there is not sufficient money in the
school district tangible property tax replacement fund to make the
transfer in the required amount, the director shall transfer the
balance in the fund to the general revenue fund and may make
additional transfers on later dates as determined by the director
in a total amount that does not exceed one-fourth of the amount
determined for the fiscal year.
(G) For each of the fiscal years 2006 through 2018, if If the
total amount in the school district tangible property tax
replacement fund is insufficient to make all payments under
divisions (C), (D), and (E) of this section at the times the
payments are to be made, the director of budget and management
shall transfer from the general revenue fund to the school
district tangible property tax replacement fund the difference
between the total amount to be paid and the amount in the school
district tangible property tax replacement fund. For each fiscal
year after 2018, at the time payments under division (E) of this
section are to be made, the director of budget and management
shall transfer from the general revenue fund to the school
district property tax replacement fund the amount necessary to
make such payments.
(H)(1) On the fifteenth day of June of 2006 through 2011 of
each year, the director of budget and management may transfer any
balance in the school district tangible property tax replacement
fund to the general revenue fund. At the end of fiscal years 2012
through 2018, any balance in the school district tangible property
tax replacement fund shall remain in the fund to be used in future
fiscal years for school purposes.
(2) In each fiscal year beginning with fiscal year 2019, all
amounts credited to the school district tangible personal property
tax replacement fund shall be appropriated for school purposes.
(I) If all of the territory of a school district or joint
vocational school district is merged with another district, or if
a part of the territory of a school district or joint vocational
school district is transferred to an existing or newly created
district, the department of education, in consultation with the
tax commissioner, shall adjust the payments made under this
section as follows:
(1) For a merger of two or more districts, the machinery and
equipment, inventory, furniture and fixtures, and telephone
property fixed-rate levy losses and the fixed-sum levy losses,
total resources, current expense TPP allocation, total TPP
allocation, and non-current expense TPP allocation of the
successor district shall be equal to the sum of the machinery and
equipment, inventory, furniture and fixtures, and telephone
property fixed-rate levy losses and debt levy losses as determined
in section 5751.20 of the Revised Code, such items for each of the
districts involved in the merger.
(2) If property is transferred from one district to a
previously existing district, the amount of machinery and
equipment, inventory, furniture and fixtures, and telephone
property tax value losses and fixed-rate levy losses total
resources, current expense TPP allocation, total TPP allocation,
and non-current expense TPP allocation that shall be transferred
to the recipient district shall be an amount equal to
the total
machinery and equipment, inventory, furniture and fixtures, and
telephone property fixed-rate levy losses total resources, current
expense TPP allocation, total TPP allocation, and non-current
expense TPP allocation of the transferor district times a
fraction, the numerator of which is the value of business tangible
personal property on the land being transferred in the most recent
year for which data are available
number of pupils being
transferred to the recipient district, measured, in the case of a
school district, by average daily membership as reported under
division (A) of section 3317.03 of the Revised Code or, in the
case of a joint vocational school district, by formula ADM as
reported in division (D) of that section, and the denominator of
which is the total value of business tangible personal property in
the district from which the land is being transferred in the most
recent year for which data are available. For each of the first
five years after the property is transferred, but not after fiscal
year 2012, if the tax rate in the recipient district is less than
the tax rate of the district from which the land was transferred,
one-half of the payments arising from the amount of fixed-rate
levy losses so transferred to the recipient district shall be paid
to the recipient district and one-half of the payments arising
from the fixed-rate levy losses so transferred shall be paid to
the district from which the land was transferred. Fixed-rate levy
losses so transferred shall be computed on the basis of the sum of
the rates of fixed-rate qualifying levies of the district from
which the land was transferred, notwithstanding division (E) of
this section average daily membership or formula ADM of the
transferor district.
(3) After December 31, 2004 2010, if property is transferred
from one or more districts to a district that is newly created out
of the transferred property, the newly created district shall be
deemed not to have any machinery and equipment, inventory,
furniture and fixtures, or telephone property fixed-rate levy
losses and the districts from which the property was transferred
shall have no reduction in their machinery and equipment,
inventory, furniture and fixtures, and telephone property
fixed-rate levy losses total resources, current expense TPP
allocation, total TPP allocation, or non-current expense TPP
allocation.
(4) If the recipient district under division (I)(2) of this
section or the newly created district under division (I)(3) of
this section is assuming debt from one or more of the districts
from which the property was transferred and any of the districts
losing the property had fixed-sum levy losses, the department of
education, in consultation with the tax commissioner, shall make
an equitable division of the fixed-sum levy loss reimbursements.
Sec. 5751.22. (A) Not later than January 1, 2006, the tax
commissioner shall compute the payments to be made to each local
taxing unit for each year according to divisions (A)(1), (2), (3),
and (4) of this section as this section existed on that date, and
shall distribute the payments in the manner prescribed by division
(C) of this section. The calculation of the fixed-sum levy loss
shall cover a time period sufficient to include all fixed-sum
levies for which the commissioner determined, pursuant to division
(E) of section 5751.20 of the Revised Code, that a fixed-sum levy
loss is to be reimbursed.
(1) Except as provided in division (A)(4)(3) of this section,
for machinery and equipment, inventory, and furniture and fixtures
fixed-rate levy losses determined under division (D) of section
5751.20 of the Revised Code, payments shall be made in an amount
equal to each of those losses multiplied by the following:
(a) For tax years 2006 through 2010, one hundred per cent of
such losses;
(b) For the payment in tax year 2011, a fraction, the
numerator of which is fourteen and the denominator of which is
seventeen;
(c) For tax year 2012, a fraction, the numerator of which is
eleven and the denominator of which is seventeen;
(d) For tax year 2013, a fraction, the numerator of which is
nine and the denominator of which is seventeen;
(e) For tax year 2014, a fraction, the numerator of which is
seven and the denominator of which is seventeen;
(f) For tax year 2015, a fraction, the numerator of which is
five and the denominator of which is seventeen;
(g) For tax year 2016, a fraction, the numerator of which is
three and the denominator of which is seventeen;
(h) For tax year 2017, a fraction, the numerator of which is
one and the denominator of which is seventeen;
(i) For tax years 2018 and thereafter, no fixed-rate payments
shall be made.
Any qualifying levy that is a fixed-rate levy that is not
applicable to a tax year after 2010 shall not qualify for any
reimbursement after the tax year to which it is last applicable.
(2) Except as provided in division (A)(4) of this section,
for telephone property fixed-rate levy losses determined under
division (D)(4) of section 5751.20 of the Revised Code, payments
shall be made in an amount equal to each of those losses
multiplied by the following:
(a) For tax years 2009 through 2011, one hundred per cent;
(b) For tax year 2012, seven-eighths;
(c) For tax year 2013, six-eighths;
(d) For tax year 2014, five-eighths;
(e) For tax year 2015, four-eighths;
(f) For tax year 2016, three-eighths;
(g) For tax year 2017, two-eighths;
(h) For tax year 2018, one-eighth;
(i) For tax years 2019 and thereafter, no fixed-rate payments
shall be made to be made on or before the twentieth day of
November, the sum of the amount in division (A)(1)(b)(i) or (ii)
and division (A)(1)(b)(iii) of this section:
(i) If the ratio of six-sevenths of the TPP allocation to
total resources is equal to or less than the threshold per cent,
zero;
(ii) If the ratio of six-sevenths of the TPP allocation to
total resources is greater than the threshold per cent, the
difference of six-sevenths of the TPP allocation minus the product
of total resources multiplied by the threshold per cent;
(iii) In the case of a municipal corporation, six-sevenths of
the product of the non-current expense TPP allocation multiplied
by seventy-five per cent.
(c) For tax years 2012 and thereafter, the sum of the amount
in division (A)(1)(c)(i) or (ii) and division (A)(1)(c)(iii) of
this section:
(i) If the ratio of TPP allocation to total resources is
equal to or less than the threshold per cent, zero;
(ii) If the ratio of TPP allocation to total resources is
greater than the threshold per cent, the TPP allocation minus the
product of total resources multiplied by the threshold per cent;
(iii) In the case of a municipal corporation, non-current
expense TPP allocation multiplied by fifty per cent for tax year
2012 and twenty-five per cent for tax years 2013 and thereafter.
Any qualifying levy that is a fixed-rate levy that is not
applicable to a tax year after 2011 shall not qualify for any
reimbursement after the tax year to which it is last applicable.
(3)(2) For fixed-sum levy losses determined under division
(E) of section 5751.20 of the Revised Code, payments shall be made
in the amount of one hundred per cent of the fixed-sum levy loss
for payments required to be made in 2006 and thereafter until the
qualifying levy has expired.
(4)(3) For taxes levied within the ten-mill limitation or
pursuant to a municipal charter for debt purposes in tax year
2005, payments shall be made based on the schedule in division
(A)(1) of this section for each of the calendar years 2006 through
2010. For each of the calendar years 2011 through 2017, the
percentages for calendar year 2010 shall be used for taxes levied
within the ten-mill limitation or pursuant to a municipal charter
for debt purposes in tax year 2010, as long as the qualifying levy
continues such levies continue to be used for debt purposes. If
the purpose of such a qualifying levy is changed, that levy
becomes subject to the payment schedules in divisions (A)(1)(a) to
(h) of this section. No payments shall be made for such levies
after calendar year 2017. For the purposes of this division, taxes
levied pursuant to a municipal charter refer to taxes levied
pursuant to a provision of a municipal charter that permits the
tax to be levied without prior voter approval.
(B) Beginning in 2007, by the thirty-first day of January of
each year, the tax commissioner shall review the calculation
originally made under division (A) of this section of the
fixed-sum levy losses determined under division (E) of section
5751.20 of the Revised Code. If the commissioner determines that a
fixed-sum levy that had been scheduled to be reimbursed in the
current year has expired, a revised calculation for that and all
subsequent years shall be made.
(C) Payments to local taxing units required to be made under
division (A) of this section shall be paid from the local
government tangible property tax replacement fund to the county
undivided income tax fund in the proper county treasury. Beginning
in From May 2006 through November 2010, one-seventh of the amount
certified determined under that division shall be paid by the last
day of May each year, and three-sevenths shall be paid by the last
day of August and October each year. From May 2011 through
November 2013, one-seventh of the amount determined under that
division shall be paid on or before the last day of May each year,
and six-sevenths shall be paid on or before the twentieth day of
November each year, except that in November 2011, the payment
shall equal one hundred per cent of the amount calculated for that
payment. Beginning in May 2014, one-half of the amount determined
under that division shall be paid on or before the last day of May
each year, and one-half shall be paid on or before the twentieth
day of November each year. Within
forty-five
forty days after
receipt of such payments, the county treasurer shall distribute
amounts determined under division (A) of this section to the
proper local taxing unit as if they had been levied and collected
as taxes, and the local taxing unit shall apportion the amounts so
received among its funds in the same proportions as if those
amounts had been levied and collected as taxes.
(D) For each of the fiscal years 2006 through 2019 2018, if
the total amount in the local government tangible property tax
replacement fund is insufficient to make all payments under
division (C) of this section at the times the payments are to be
made, the director of budget and management shall transfer from
the general revenue fund to the local government tangible property
tax replacement fund the difference between the total amount to be
paid and the amount in the local government tangible property tax
replacement fund. For each fiscal year after 2019 2018, at the
time payments under division (A)(2) of this section are to be
made, the director of budget and management shall transfer from
the general revenue fund to the local government property tax
replacement fund the amount necessary to make such payments.
(E) On the fifteenth day of June of each year from 2006
through 2018, the director of budget and management may transfer
any balance in the local government tangible property tax
replacement fund to the general revenue fund.
(F) If all or a part of the territories of two or more local
taxing units are merged, or unincorporated territory of a township
is annexed by a municipal corporation, the tax commissioner shall
adjust the payments made under this section to each of the local
taxing units in proportion to the tax value loss apportioned to
square mileage of the merged or annexed territory as a percentage
of the total square mileage of the jurisdiction from which the
territory originated, or as otherwise provided by a written
agreement between the legislative authorities of the local taxing
units certified to the commissioner not later than the first day
of June of the calendar year in which the payment is to be made.
Sec. 5751.23. (A) As used in this section:
(1) "Administrative fees" means the dollar percentages
allowed by the county auditor for services or by the county
treasurer as fees, or paid to the credit of the real estate
assessment fund, under divisions (A) and (C) of section 319.54 and
division (A) of section 321.26 of the Revised Code.
(2) "Administrative fee loss" means a county's loss of
administrative fees due to its tax value loss, determined as
follows:
(a) For purposes of the determination made under division (B)
of this section in the years 2006 through 2010, the administrative
fee loss shall be computed by multiplying the amounts determined
for all taxing districts in the county under divisions (D) and (E)
of section 5751.20 of the Revised Code by nine thousand six
hundred fifty-nine ten-thousandths of one per cent if total taxes
collected in the county in 2004 exceeded one hundred fifty million
dollars, or one and one thousand one hundred fifty-nine
ten-thousandths of one per cent if total taxes collected in the
county in 2004 were one hundred fifty million dollars or less;
(b) For purposes of the determination under division (B) of
this section in the years after 2010, the administrative fee
losses shall be determined by multiplying loss equals
fourteen-seventeenths of the administrative fee
losses loss
calculated for 2010 by the fractions in divisions (A)(1)(b) to (i)
of section 5751.22 of the Revised Code multiplied by the following
percentages: 100% for 2011, 80% for 2012, 60% for 2013, 40% for
2014, 20% for 2015, and 0% for 2016.
(3) "Total taxes collected" means all money collected on any
tax duplicate of the county, other than the estate tax duplicates.
"Total taxes collected" does not include amounts received pursuant
to divisions (F) and (G) of section 321.24 or section 323.156 of
the Revised Code.
(B) Not later than December 31, 2005, the tax commissioner
shall certify to each county auditor the tax levy losses
calculated under divisions (D) and (E) of section 5751.20 of the
Revised Code for each school district, joint vocational school
district, and local taxing unit in the county. Not later than the
thirty-first day of January of 2006 through 2017 2015, the county
auditor shall determine the administrative fee loss for the county
and apportion that loss ratably among the school districts, joint
vocational school districts, and local taxing units on the basis
of the tax levy losses certified under this division.
(C) On or before each of the days prescribed for the
settlements under divisions (A) and (C) of section 321.24 of the
Revised Code in the years 2006 through 2017 2015, the county
treasurer shall deduct one-half of the amount apportioned to each
school district, joint vocational school district, and local
taxing unit from the portions of revenue payable to them.
(D) On or before each of the days prescribed for settlements
under divisions (A) and (C) of section 321.24 of the Revised Code
in the years 2006 through 2017 2015, the county auditor shall
cause to be deposited an amount equal to one-half of the amount of
the administrative fee loss in the same funds as if allowed as
administrative fees.
Sec. 5751.50. (A) For tax periods beginning on or after
January 1, 2008, a refundable credit granted by the tax credit
authority under section 122.17 or division (B)(2) or (3) of
section 122.171 of the Revised Code may be claimed under this
chapter in the order required under section 5751.98 of the Revised
Code. For purposes of making tax payments under this chapter,
taxes equal to the amount of the refundable credit shall be
considered to be paid to this state on the first day of the tax
period. A credit claimed in calendar year 2008 may not be applied
against the tax otherwise due for a tax period beginning before
July 1, 2008. The refundable credit shall not be claimed against
the tax otherwise due for any tax period beginning after the date
on which a relocation of employment positions occurs in violation
of an agreement entered into under section 122.17 or 122.171 of
the Revised Code.
(B) For tax periods beginning on or after January 1, 2008, a
nonrefundable credit granted by the tax credit authority under
division (B)(1) of section 122.171 of the Revised Code may be
claimed under this chapter in the order required under section
5751.98 of the Revised Code. A credit claimed in calendar year
2008 may not be applied against the tax otherwise due under this
chapter for a tax period beginning before July 1, 2008. The credit
shall not be claimed against the tax otherwise due for any tax
period beginning after the date on which a relocation of
employment positions occurs in violation of an agreement entered
into under section 122.17 or 122.171 of the Revised Code. No
credit shall be allowed under this chapter if the credit was
available against the tax imposed by section 5733.06 or 5747.02 of
the Revised Code, except to the extent the credit was not applied
against such tax.
Sec. 5753.01. As used in Chapter 5753. of the Revised Code
and for no other purpose under Title LVII of the Revised Code:
(A) "Casino facility" has the same meaning as in section
3772.01 of the Revised Code.
(B) "Casino gaming" has the same meaning as in section
3772.01 of the Revised Code.
(C) "Casino operator" has the same meaning as in section
3772.01 of the Revised Code.
(D) "Gross casino revenue" means the total amount of money
exchanged for the purchase of chips, tokens, tickets, electronic
cards, or similar objects by casino patrons, less winnings paid to
wagerers. "Gross casino revenue" does not mean, and has no
relation to or effect on, a casino operator's "gross receipts" as
defined in division (F) of section 5751.01 of the Revised Code.
(E) "Person" has the same meaning as in section 3772.01 of
the Revised Code.
(F) "Slot machine" has the same meaning as in section 3772.01
of the Revised Code.
(G) "Table game" has the same meaning as in section 3772.01
of the Revised Code.
(H) "Tax period" means one twenty-four-hour period with
regard to which a casino operator is required to pay the tax
levied by this chapter.
Sec. 6103.04. (A) Whenever any portion of a county sewer
district is incorporated as, or annexed to, a municipal
corporation, the area so incorporated or annexed shall remain
under the jurisdiction of the board of county commissioners for
purposes of the acquisition and construction of water supply
improvements until all of the improvements for the area for which
a resolution described in division (A) or (E) of section 6103.05
of the Revised Code has been adopted by the board have been
acquired or completed or until the board has abandoned the
improvements. The board, unless and until a conveyance is made to
a municipal corporation in accordance with division (B) of this
section, shall continue to have jurisdiction in the area so
incorporated or annexed with respect to the management,
maintenance, and operation of all water supply improvements so
acquired or completed, or previously acquired or completed,
including the right to establish rules and rates and charges for
the use of, and connections to, the improvements. The
incorporation or annexation of any part of a district shall not
affect the legality or enforceability of any public obligations
issued or incurred by the county for purposes of this chapter to
provide for the payment of the cost of acquisition, construction,
maintenance, or operation of any water supply improvements within
the area, or the validity of any assessments levied or to be
levied upon properties within the area to provide for the payment
of the cost of acquisition, construction, maintenance, or
operation of the improvements.
(B) Any A board may convey, by mutual agreement, to a
municipal corporation any of the following:
(1) Any completed water supply facilities acquired or
constructed by a county under this chapter for the use of, or
service of property located in, any county sewer district, or any
part of those facilities, that are located within a the municipal
corporation or within any area that is incorporated as, or annexed
to, a the municipal corporation, or any;
(2) Any part of the water supply facilities that provide
water for a the municipal corporation or such an area, may be
conveyed, by mutual agreement between the board and the municipal
corporation, to the municipal corporation on any area that is
incorporated as, or annexed to, the municipal corporation;
(3) Any part of the water supply facilities that are
connected to water supply facilities of the municipal corporation.
The conveyance shall be completed with terms and for
consideration as may be negotiated. Upon and after the conveyance,
the municipal corporation shall manage, maintain, and operate the
facilities in accordance with the agreement. The board may retain
the right to joint use of all or part of any facilities so
conveyed for the benefit of the district. Neither the validity of
any assessment levied or to be levied, nor the legality or
enforceability of any public obligations issued or incurred, to
provide for the payment of the cost of the acquisition,
construction, maintenance, or operation of the facilities or any
part of them shall be affected by the conveyance.
Sec. 6109.21. (A) Except as provided in divisions (D) and
(E) of this section, on and after January 1, 1994, no person shall
operate or maintain a public water system in this state without a
license issued by the director of environmental protection. A
person who operates or maintains a public water system on January
1, 1994, shall obtain an initial license under this section in
accordance with the following schedule:
(1) If the public water system is a community water system,
not later than January 31, 1994;
(2) If the public water system is not a community water
system and serves a nontransient population, not later than
January 31, 1994;
(3) If the public water system is not a community water
system and serves a transient population, not later than January
31, 1995.
A person proposing to operate or maintain a new public water
system after January 1, 1994, in addition to complying with
section 6109.07 of the Revised Code and rules adopted under it,
shall submit an application for an initial license under this
section to the director prior to commencing operation of the
system.
A license or license renewal issued under this section shall
be renewed annually. Such a license or license renewal shall
expire on the thirtieth day of January in the year following its
issuance. A license holder that proposes to continue operating the
public water system for which the license or license renewal was
issued shall apply for a license renewal at least thirty days
prior to that expiration date.
The director shall adopt, and may amend and rescind, rules in
accordance with Chapter 119. of the Revised Code establishing
procedures governing and information to be included on
applications for licenses and license renewals under this section.
Through June 30, 2012 2014, each application shall be accompanied
by the appropriate fee established under division (M) of section
3745.11 of the Revised Code, provided that an applicant for an
initial license who is proposing to operate or maintain a new
public water system after January 1, 1994, shall submit a fee that
equals a prorated amount of the appropriate fee established under
that division for the remainder of the licensing year.
(B) Not later than thirty days after receiving a completed
application and the appropriate license fee for an initial license
under division (A) of this section, the director shall issue the
license for the public water system. Not later than thirty days
after receiving a completed application and the appropriate
license fee for a license renewal under division (A) of this
section, the director shall do one of the following:
(1) Issue the license renewal for the public water system;
(2) Issue the license renewal subject to terms and conditions
that the director determines are necessary to ensure compliance
with this chapter and rules adopted under it;
(3) Deny the license renewal if the director finds that the
public water system was not operated in substantial compliance
with this chapter and rules adopted under it.
(C) The director may suspend or revoke a license or license
renewal issued under this section if the director finds that the
public water system was not operated in substantial compliance
with this chapter and rules adopted under it. The director shall
adopt, and may amend and rescind, rules in accordance with Chapter
119. of the Revised Code governing such suspensions and
revocations.
(D)(1) As used in division (D) of this section, "church"
means a fellowship of believers, congregation, society,
corporation, convention, or association that is formed primarily
or exclusively for religious purposes and that is not formed or
operated for the private profit of any person.
(2) This section does not apply to a church that operates or
maintains a public water system solely to provide water for that
church or for a campground that is owned by the church and
operated primarily or exclusively for members of the church and
their families. A church that, on or before March 5, 1996, has
obtained a license under this section for such a public water
system need not obtain a license renewal under this section.
(E) This section does not apply to any public or nonpublic
school that meets minimum standards of the state board of
education that operates or maintains a public water system solely
to provide water for that school.
(F) The environmental protection agency shall collect well
log filing fees on behalf of the division of soil and water
resources in the department of natural resources in accordance
with section 1521.05 of the Revised Code and rules adopted under
it. The fees shall be submitted to the division quarterly as
provided in those rules.
Sec. 6111.038. There is hereby created in the state treasury
the surface water protection fund, consisting of moneys
distributed to it. The director of environmental protection shall
use moneys in the fund solely for administration and
implementation of surface water protection programs, including at
least programs required under the "Federal Water Pollution Control
Act" and programs necessary to carry out the purposes of this
chapter. Those programs shall include at least the development of
water quality standards; the development of wasteload allocations;
the establishment of water quality-based effluent limits; the
monitoring and analysis of chemical, physical, and biological
surface water quality; the issuance, modification, and renewal of
NPDES permits and permits to install; the ensurance of compliance
with permit conditions; the management and oversight of
pretreatment programs; the provision of technical assistance to
publicly owned treatment works; and the administration of the
water pollution control loan fund created in section 6111.036 of
the Revised Code.
Moneys in the fund shall not be used to meet any state
matching requirements that are necessary to obtain federal grants.
Sec. 6111.044. Upon receipt of an application for an
injection well drilling permit, an injection well operating
permit, a renewal of an injection well operating permit, or a
modification of an injection well drilling permit, operating
permit, or renewal of an operating permit, the director of
environmental protection shall determine whether the application
is complete and demonstrates that the activities for which the
permit, renewal permit, or modification is requested will comply
with the Federal Water Pollution Control Act and regulations
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted
under it; and this chapter and the rules adopted under it. If the
application demonstrates that the proposed activities will not
comply or will pose an unreasonable risk of inducing seismic
activity, inducing geologic fracturing, or contamination of an
underground source of drinking water, the director shall deny the
application. If the application does not make the required
demonstrations, the director shall return it to the applicant with
an indication of those matters about which a required
demonstration was not made. If the director determines that the
application makes the required demonstrations, the director shall
transmit copies of the application and all of the accompanying
maps, data, samples, and information to the chief of the division
of mineral oil and gas resources management, the chief of the
division of geological survey, and the chief of the division of
soil and water resources, and, if the well is or is to be located
in a coal bearing township designated under section 1561.06 of the
Revised Code, the chief of the division of mineral resources
management in the department of natural resources.
The chief of the division of geological survey shall comment
upon the application if the chief determines that the proposed
well or injection will present an unreasonable risk of loss or
damage to valuable mineral resources. If the chief submits
comments on the application, those comments shall be accompanied
by an evaluation of the geological factors upon which the comments
are based, including fractures, faults, earthquake potential, and
the porosity and permeability of the injection zone and confining
zone, and by the documentation supporting the evaluation. The
director shall take into consideration the chief's comments, and
the accompanying evaluation of geologic factors and supporting
documentation, when considering the application. The director
shall provide written notice to the chief of the director's
decision on the application and, if the chief's comments are not
included in the permit, renewal permit, or modification, of the
director's rationale for not including them.
The chief of the division of mineral oil and gas resources
management shall comment upon the application if the chief
determines that the proposed well or injection will present an
unreasonable risk that waste or contamination of recoverable oil
or gas in the earth will occur. If the chief submits comments on
the application, those comments shall be accompanied by an
evaluation of the oil or gas reserves that, in the best
professional judgment of the chief, are recoverable and will be
adversely affected by the proposed well or injection, and by the
documentation supporting the evaluation. The director shall take
into consideration the chief's comments, and the accompanying
evaluation and supporting documentation, when considering the
application. The director shall provide written notice to the
chief of the director's decision on the application and, if the
chief's comments are not included in the permit, renewal permit,
or modification, of the director's rationale for not including
them.
The chief of the division of soil and water resources shall
assist the director in determining whether all underground sources
of drinking water in the area of review of the proposed well or
injection have been identified and correctly delineated in the
application. If the application fails to identify or correctly
delineate an underground source of drinking water, the chief shall
provide written notice of that fact to the director.
The chief of the division of mineral resources management
also shall review the application as follows:
If the application concerns the drilling or conversion of a
well or the injection into a well that is not or is not to be
located within five thousand feet of the excavation and workings
of a mine, the chief of the division of mineral resources
management shall note upon the application that it has been
examined by the division of mineral resources management, retain a
copy of the application and map, and immediately return a copy of
the application to the director.
If the application concerns the drilling or conversion of a
well or the injection into a well that is or is to be located
within five thousand feet, but more than five hundred feet from
the surface excavations and workings of a mine, the chief of the
division of mineral resources management immediately shall notify
the owner or lessee of the mine that the application has been
filed and send to the owner or lessee a copy of the map
accompanying the application setting forth the location of the
well. The chief of the division of mineral resources management
shall note on the application that the notice has been sent to the
owner or lessee of the mine, retain a copy of the application and
map, and immediately return a copy of the application to the
director with the chief's notation on it.
If the application concerns the drilling or conversion of a
well or the injection into a well that is or is to be located
within five thousand feet of the underground excavations and
workings of a mine or within five hundred feet of the surface
excavations and workings of a mine, the chief of the division of
mineral resources management immediately shall notify the owner or
lessee of the mine that the application has been filed and send to
the owner or lessee a copy of the map accompanying the application
setting forth the location of the well. If the owner or lessee
objects to the application, the owner or lessee shall notify the
chief of the division of mineral resources management of the
objection, giving the reasons, within six days after the receipt
of the notice. If the chief of the division of mineral resources
management receives no objections from the owner or lessee of the
mine within ten days after the receipt of the notice by the owner
or lessee, or if in the opinion of the chief of the division of
mineral resources management the objections offered by the owner
or lessee are not sufficiently well founded, the chief shall
retain a copy of the application and map and return a copy of the
application to the director with any applicable notes concerning
it.
If the chief of the division of mineral resources management
receives an objection from the owner or lessee of the mine as to
the application, within ten days after receipt of the notice by
the owner or lessee, and if in the opinion of the chief the
objection is well founded, the chief shall disapprove the
application and immediately return it to the director together
with the chief's reasons for the disapproval. The director
promptly shall notify the applicant for the permit, renewal
permit, or modification of the disapproval. The applicant may
appeal the disapproval of the application by the chief of the
division of mineral resources management to the reclamation
commission created under section 1513.05 of the Revised Code, and
the commission shall hear the appeal in accordance with section
1513.13 of the Revised Code. The appeal shall be filed within
thirty days from the date the applicant receives notice of the
disapproval. No comments concerning or disapproval of an
application shall be delayed by the chief of the division of
mineral resources management for more than fifteen days from the
date of sending of notice to the mine owner or lessee as required
by this section.
The director shall not approve an application for an
injection well drilling permit, an injection well operating
permit, a renewal of an injection well operating permit, or a
modification of an injection well drilling permit, operating
permit, or renewal of an operating permit for a well that is or is
to be located within three hundred feet of any opening of any mine
used as a means of ingress, egress, or ventilation for persons
employed in the mine, nor within one hundred feet of any building
or flammable structure connected with the mine and actually used
as a part of the operating equipment of the mine, unless the chief
of the division of mineral resources management determines that
life or property will not be endangered by drilling and operating
the well in that location.
Upon review by the chief of the division of mineral oil and
gas resources management, the chief of the division of geological
survey, and the chief of the division of soil and water resources,
and if the chief of the division of mineral resources management
has not disapproved the application, the director shall issue a
permit, renewal permit, or modification with any terms and
conditions that may be necessary to comply with the Federal Water
Pollution Control Act and regulations adopted under it; the "Safe
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as
amended, and regulations adopted under it; and this chapter and
the rules adopted under it. The director shall not issue a permit,
renewal permit, or modification to an applicant if the applicant
or persons associated with the applicant have engaged in or are
engaging in a substantial violation of this chapter that is
endangering or may endanger human health or the environment or if,
in the case of an applicant for an injection well drilling permit,
the applicant, at the time of applying for the permit, did not
hold an injection well operating permit or renewal of an injection
well drilling permit and failed to demonstrate sufficient
expertise and competency to operate the well in compliance with
the applicable provisions of this chapter.
If the director receives a disapproval from the chief of the
division of mineral resources management regarding an application
for an injection well drilling or operating permit, renewal
permit, or modification, if required, the director shall issue an
order denying the application.
The director need not issue a proposed action under section
3745.07 of the Revised Code or hold an adjudication hearing under
that section and Chapter 119. of the Revised Code before issuing
or denying a permit, renewal permit, or modification of a permit
or renewal permit. Before issuing or renewing a permit to drill or
operate a class I injection well or a modification of it, the
director shall propose the permit, renewal permit, or modification
in draft form and shall hold a public hearing to receive public
comment on the draft permit, renewal permit, or modification. At
least fifteen days before the public hearing on a draft permit,
renewal permit, or modification, the director shall publish notice
of the date, time, and location of the public hearing in at least
one newspaper of general circulation serving the area where the
well is or is to be located. The proposing of such a draft permit,
renewal permit, or modification does not constitute the issuance
of a proposed action under section 3745.07 of the Revised Code,
and the holding of the public hearing on such a draft permit,
renewal permit, or modification does not constitute the holding of
an adjudication hearing under that section and Chapter 119. of the
Revised Code. Appeals of orders other than orders of the chief of
the division of mineral resources management shall be taken under
sections 3745.04 to 3745.08 of the Revised Code.
The director may order that an injection well drilling permit
or an injection well operating permit or renewal permit be
suspended and that activities under it cease after determining
that those activities are occurring in violation of law, rule,
order, or term or condition of the permit. Upon service of a copy
of the order upon the permit holder or the permit holder's
authorized agent or assignee, the permit and activities under it
shall be suspended immediately without prior hearing and shall
remain suspended until the violation is corrected and the order of
suspension is lifted. If a violation is the second within a
one-year period, the director, after a hearing, may revoke the
permit.
The director may order that an injection well drilling permit
or an injection well operating permit or renewal permit be
suspended and that activities under it cease if the director has
reasonable cause to believe that the permit would not have been
issued if the information available at the time of suspension had
been available at the time a determination was made by one of the
agencies acting under authority of this section. Upon service of a
copy of the order upon the permit holder or the permit holder's
authorized agent or assignee, the permit and activities under it
shall be suspended immediately without prior hearing, but a permit
may not be suspended for that reason without prior hearing unless
immediate suspension is necessary to prevent waste or
contamination of oil or gas, comply with the Federal Water
Pollution Control Act and regulations adopted under it; the "Safe
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as
amended, and regulations adopted under it; and this chapter and
the rules adopted under it, or prevent damage to valuable mineral
resources, prevent contamination of an underground source of
drinking water, or prevent danger to human life or health. If
after a hearing the director determines that the permit would not
have been issued if the information available at the time of the
hearing had been available at the time a determination was made by
one of the agencies acting under authority of this section, the
director shall revoke the permit.
When a permit has been revoked, the permit holder or other
person responsible for it immediately shall plug the well in the
manner required by the director.
The director may issue orders to prevent or require cessation
of violations of this section, section 6111.043, 6111.045,
6111.046, or 6111.047 of the Revised Code, rules adopted under any
of those sections, and terms or conditions of permits issued under
any of them. The orders may require the elimination of conditions
caused by the violation.
Sec. 6111.46. (A) The environmental protection agency shall
exercise general supervision of the treatment and disposal of
sewage and industrial wastes and the operation and maintenance of
works or means installed for the collection, treatment, and
disposal of sewage and industrial wastes. Such general supervision
shall apply to all features of construction, operation, and
maintenance of the works or means that do or may affect the proper
treatment and disposal of sewage and industrial wastes.
(B)(1) The agency shall investigate the works or means
employed in the collection, treatment, and disposal of sewage and
industrial wastes whenever considered necessary or whenever
requested to do so by local health officials and may issue and
enforce orders and shall adopt rules governing the operation and
maintenance of the works or means of treatment and disposal of
such sewage and industrial wastes. In adopting rules under this
section, the agency shall establish standards governing the
construction, operation, and maintenance of the works or means of
collection, treatment, and disposal of sewage that is generated at
recreational vehicle parks, recreation camps, combined park-camps,
and temporary park-camps that are separate from such standards
relative to manufactured home parks.
(2) As used in division (B)(1) of this section:
(a) "Manufactured home parks" has the same meaning as in
section 3733.01 4781.01 of the Revised Code.
(b) "Recreational vehicle parks," "recreation camps,"
"combined park-camps," and "temporary park-camps" have the same
meanings as in section 3729.01 of the Revised Code.
(C) The agency may require the submission of records and data
of construction, operation, and maintenance, including plans and
descriptions of existing works or means of treatment and disposal
of such sewage and industrial wastes. When the agency requires the
submission of such records or information, the public officials or
person, firm, or corporation having the works in charge shall
comply promptly with that order.
Sec. 6115.20. (A) When it is determined to let the work
relating to the improvements for which a sanitary district was
established by contract, contracts in amounts to exceed ten
thousand dollars shall be advertised after notice calling for bids
has been published once a week for five consecutive weeks
completed on the date of last publication, in at least one
newspaper of general circulation within the sanitary district
where the work is to be done. The board of directors of the
sanitary district shall let bids as provided in this section or,
if applicable, section 9.312 of the Revised Code. If the bids are
for a contract for the construction, demolition, alteration,
repair, or reconstruction of an improvement, the board of
directors of the sanitary district shall let the contract to the
lowest or best bidder who meets the requirements of section 153.54
of the Revised Code. If the bids are for a contract for any other
work relating to the improvements for which a sanitary district
was established, the board of directors of the sanitary district
shall let the contract to the lowest or best bidder who gives a
good and approved bond, with ample security, conditioned on the
carrying out of the contract and the payment for all labor and
material. The contract shall be in writing and shall be
accompanied by or shall refer to plans and specifications for the
work to be done prepared by the chief engineer. The plans and
specifications at all times shall be made and considered a part of
the contract. The contract shall be approved by the board and
signed by the president of the board and by the contractor and
shall be executed in duplicate. In case of emergency the
advertising of contracts may be waived upon the consent of the
board with the approval of the court or judge in vacation.
(B) In the case of a sanitary district organized wholly for
the purpose of providing a water supply for domestic, municipal,
and public use that includes two municipal corporations in two
counties, any service to be purchased, including the services of
an accountant, architect, attorney at law, physician, or
professional engineer, at a cost in excess of ten thousand dollars
shall be obtained in the manner provided in sections 153.65 to
153.71 153.73 of the Revised Code. For the purposes of the
application of those sections to division (B) of this section, all
of the following apply:
(1) "Public authority," as used in those sections, shall be
deemed to mean a sanitary district organized wholly for the
purpose of providing a water supply for domestic, municipal, and
public use that includes two municipal corporations in two
counties;
(2) "Professional design firm," as used in those sections,
shall be deemed to mean any person legally engaged in rendering
professional design services as defined in division (B)(3) of this
section;
(3) "Professional design services," as used in those
sections, shall be deemed to mean accounting, architectural,
legal, medical, or professional engineering services;
(4) The use of other terms in those sections shall be adapted
accordingly, including, without limitation, for the purposes of
division (D)(2) of section 153.67 of the Revised Code;
(5) Divisions (A) to (C) of section 153.71 of the Revised
Code do not apply.
(C) The board of directors of a district organized wholly for
the purpose of providing a water supply for domestic, municipal,
and public use may contract for, purchase, or otherwise procure
for the benefit of employees of the district and pay all or any
part of the cost of group insurance policies that may provide
benefits, including, but not limited to, hospitalization, surgical
care, major medical care, disability, dental care, vision care,
medical care, hearing aids, or prescription drugs. Any group
insurance policy purchased under this division shall be purchased
from the health care corporation that the board of directors
determines offers the most cost-effective group insurance policy.
Sec. 6117.05. (A) Whenever any portion of a sewer district
is incorporated as, or annexed to, a municipal corporation, the
area so incorporated or annexed shall remain under the
jurisdiction of the board of county commissioners for purposes of
the acquisition and construction of sanitary and drainage facility
and prevention or replacement facility improvements until all of
those improvements for the area for which a resolution described
in division (A) or (E) of section 6117.06 of the Revised Code has
been adopted by the board have been acquired or completed or until
the board has abandoned the improvements. The board, unless and
until a conveyance is made to a municipal corporation in
accordance with division (B) of this section, shall continue to
have jurisdiction in the area so incorporated or annexed with
respect to the management, maintenance, and operation of all
sanitary and drainage facilities and prevention or replacement
facilities so acquired or completed, or previously acquired or
completed, including the right to establish rules and rates and
charges for the use of, and connections to, the facilities. The
incorporation or annexation of any part of a district shall not
affect the legality or enforceability of any public obligations
issued or incurred by the county for purposes of this chapter to
provide for the payment of the cost of acquisition, construction,
maintenance, or operation of any sanitary or drainage facilities
or prevention or replacement facilities within the area, or the
validity of any assessments levied or to be levied upon properties
within the area to provide for the payment of the cost of
acquisition, construction, maintenance, or operation of the
facilities.
(B) Any A board may convey, by mutual agreement, to a
municipal corporation any of the following:
(1) Any completed sanitary or drainage facilities or
prevention or replacement facilities acquired or constructed by a
county under this chapter for the use of, or service of property
located in, any county sewer district, or any part of those
facilities, that are located within
a the municipal corporation
or within any area that is incorporated as, or annexed to, a the
municipal corporation, or any;
(2) Any part of the
sanitary, drainage, prevention, or
replacement facilities that serve a the municipal corporation or
such an area, may be conveyed, by mutual agreement between the
board and the municipal corporation, to the municipal corporation
on any area that is incorporated as, or annexed to, the municipal
corporation;
(3) Any part of the sanitary, drainage, prevention, or
replacement facilities that are connected to facilities of the
municipal corporation.
The conveyance shall be completed with terms and for
consideration as may be negotiated. Upon and after the conveyance,
the municipal corporation shall manage, maintain, and operate the
facilities in accordance with the agreement. The board may retain
the right to joint use of all or part of any facilities so
conveyed for the benefit of the district. Neither the validity of
any assessment levied or to be levied, nor the legality or
enforceability of any public obligations issued or incurred, to
provide for the payment of the cost of the acquisition,
construction, maintenance, or operation of the facilities or any
part of them, shall be affected by the conveyance.
Section 101.02. That existing sections 7.10, 7.11, 7.12,
9.03, 9.06, 9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 101.15,
102.02, 105.41, 107.09, 109.02, 109.36, 109.42, 109.57, 109.572,
111.12, 111.15, 111.16, 111.18, 117.101, 117.13, 118.023, 118.04,
118.05, 118.06, 118.12, 118.99, 121.03, 121.04, 121.22, 121.37,
121.40, 121.401, 121.402, 121.403, 121.404, 122.085, 122.088,
122.0810, 122.0816, 122.0819, 122.171, 122.65, 122.652, 122.653,
122.657, 122.76, 123.011, 124.09, 124.23, 124.231, 124.24, 124.25,
124.26, 124.27, 124.31, 124.34, 124.393, 125.021, 125.15, 125.18,
125.28, 125.89, 126.12, 126.21, 126.24, 126.50, 127.16, 131.44,
131.51, 133.06, 133.20, 135.61, 135.65, 135.66, 145.27, 149.01,
149.091, 149.11, 149.311, 153.01, 153.02, 153.03, 153.07, 153.08,
153.50, 153.51, 153.52, 153.54, 153.56, 153.57, 153.581, 153.65,
153.66, 153.67, 153.69, 153.70, 153.71, 153.80, 154.02, 154.07,
164.02, 164.04, 164.05, 164.051, 164.06, 164.08, 164.14, 164.21,
166.02, 173.14, 173.21, 173.26, 173.35, 173.351, 173.36, 173.391,
173.40, 173.401, 173.403, 173.404, 173.42, 173.45, 173.46, 173.47,
173.48, 173.501, 183.30, 183.51, 185.01, 185.03, 185.06, 185.10,
307.86, 307.93, 319.301, 323.78, 340.02, 340.03, 340.05, 340.091,
340.11, 341.192, 341.35, 349.01, 349.03, 349.04, 349.06, 349.07,
349.09, 349.14, 505.101, 507.09, 705.16, 718.01, 742.41, 753.03,
753.15, 755.16, 755.29, 901.09, 924.52, 927.69, 1309.528, 1327.46,
1327.50, 1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99,
1329.04, 1329.42, 1332.24, 1501.022, 1501.40, 1503.05, 1505.01,
1505.04, 1505.06, 1505.09, 1505.11, 1505.99, 1509.01, 1509.02,
1509.021, 1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 1509.061,
1509.062, 1509.07, 1509.071, 1509.072, 1509.073, 1509.08, 1509.09,
1509.10, 1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17,
1509.181, 1509.19, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223,
1509.224, 1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26,
1509.27, 1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34,
1509.36, 1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.14,
1517.02, 1531.04, 1541.03, 1541.05, 1551.311, 1551.32, 1551.33,
1551.35, 1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08,
1555.17, 1561.06, 1561.12, 1561.13, 1561.35, 1561.49, 1563.06,
1563.24, 1563.28, 1571.01, 1571.02, 1571.03, 1571.04, 1571.05,
1571.06, 1571.08, 1571.09, 1571.10, 1571.11, 1571.14, 1571.16,
1571.18, 1571.99, 1701.07, 1702.59, 1703.031, 1703.07, 1707.11,
1707.17, 1728.07, 1751.01, 1751.04, 1751.11, 1751.111, 1751.12,
1751.13, 1751.15, 1751.17, 1751.20, 1751.31, 1751.34, 1751.60,
1761.04, 1776.83, 1785.06, 1901.18, 1909.11, 1923.01, 1923.02,
1923.061, 1923.15, 2101.08, 2151.011, 2151.312, 2151.354,
2151.412, 2151.421, 2151.424, 2152.26, 2152.72, 2301.03, 2301.18,
2301.20, 2301.21, 2301.22, 2301.23, 2301.24, 2301.25, 2301.26,
2305.01, 2317.02, 2317.422, 2319.27, 2335.05, 2335.06, 2501.16,
2501.17, 2743.09, 2744.05, 2903.33, 2919.271, 2929.14, 2929.19,
2929.41, 2939.11, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401,
2945.402, 3109.16, 3111.04, 3113.06, 3119.54, 3121.48, 3123.44,
3123.45, 3123.55, 3123.56, 3123.58, 3123.59, 3123.63, 3301.07,
3301.071, 3301.079, 3301.0710, 3301.0711, 3301.0712, 3301.16,
3301.162, 3301.70, 3302.02, 3302.031, 3302.05, 3302.07, 3304.181,
3304.182, 3306.12, 3307.20, 3307.31, 3307.64, 3309.22, 3309.41,
3309.48, 3309.51, 3310.02, 3310.03, 3310.05, 3310.08, 3310.41,
3311.05, 3311.06, 3311.19, 3311.21, 3311.29, 3311.52, 3311.76,
3313.29, 3313.372, 3313.41, 3313.46, 3313.55, 3313.603, 3313.61,
3313.611, 3313.612, 3313.614, 3313.64, 3313.6410, 3313.65,
3313.842, 3313.843, 3313.845, 3313.975, 3313.978, 3313.981,
3314.01, 3314.013, 3314.015, 3314.02, 3314.021, 3314.026, 3314.03,
3314.04, 3314.05, 3314.06, 3314.07, 3314.08, 3314.087, 3314.088,
3314.091, 3314.10, 3314.19, 3314.20, 3314.26, 3314.35, 3314.36,
3315.01, 3316.041, 3316.06, 3316.20, 3317.01, 3317.013, 3317.014,
3317.018, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024,
3317.025, 3317.0210, 3317.0211, 3317.03, 3317.031, 3317.05,
3317.051, 3317.053, 3317.06, 3317.061, 3317.07, 3317.08, 3317.081,
3317.082, 3317.09, 3317.11, 3317.12, 3317.13, 3317.14, 3317.16,
3317.18, 3317.19, 3317.20, 3317.201, 3318.032, 3318.05, 3318.051,
3318.08, 3318.12, 3318.31, 3318.36, 3318.37, 3318.38, 3318.41,
3319.02, 3319.08, 3319.088, 3319.11, 3319.111, 3319.14, 3319.16,
3319.17, 3319.18, 3319.19, 3319.26, 3319.31, 3319.311, 3319.39,
3319.57, 3319.71, 3323.09, 3323.091, 3323.14, 3323.142, 3323.31,
3324.05, 3325.01, 3325.08, 3326.11, 3326.33, 3326.39, 3327.02,
3327.04, 3327.05, 3329.08, 3331.01, 3333.03, 3333.043, 3333.31,
3333.66, 3333.81, 3333.82, 3333.83, 3333.84, 3333.85, 3333.87,
3333.90, 3334.19, 3345.061, 3345.14, 3353.04, 3354.16, 3357.16,
3365.01, 3365.08, 3501.17, 3506.05, 3701.021, 3701.023, 3701.07,
3701.61, 3701.74, 3701.83, 3702.31, 3704.06, 3704.14, 3705.24,
3709.085, 3709.09, 3709.092, 3709.34, 3721.01, 3721.02, 3721.16,
3721.50, 3721.51, 3721.561, 3721.58, 3722.01, 3722.011, 3722.02,
3722.021, 3722.022, 3722.03, 3722.04, 3722.041, 3722.05, 3722.06,
3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 3722.12, 3722.13,
3722.14, 3722.15, 3722.151, 3722.16, 3722.17, 3722.18, 3729.01,
3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03, 3733.04,
3733.05, 3733.06, 3733.08, 3733.09, 3733.091, 3733.10, 3733.101,
3733.11, 3733.12, 3733.121, 3733.122, 3733.123, 3733.13, 3733.14,
3733.15, 3733.16, 3733.17, 3733.18, 3733.19, 3733.20, 3733.41,
3733.99, 3734.02, 3734.05, 3734.06, 3734.18, 3734.19, 3734.20,
3734.21, 3734.22, 3734.23, 3734.24, 3734.25, 3734.26, 3734.27,
3734.28, 3734.282, 3734.57, 3734.85, 3734.901, 3737.83, 3737.841,
3737.87, 3737.88, 3745.015, 3745.05, 3745.11, 3746.02, 3750.081,
3769.07, 3769.08, 3769.20, 3769.26, 3770.03, 3770.05, 3772.062,
3781.06, 3781.183, 3791.043, 3793.04, 3793.06, 3793.21, 3901.3814,
3903.01, 3923.28, 3923.281, 3923.30, 3924.10, 3963.01, 3963.11,
4113.11, 4113.61, 4115.03, 4115.033, 4115.034, 4115.04, 4115.10,
4115.101, 4115.16, 4116.01, 4117.01, 4117.03, 4117.06, 4123.27,
4131.03, 4141.08, 4141.11, 4141.33, 4301.12, 4301.43, 4303.02,
4303.208, 4503.061, 4503.062, 4503.235, 4503.70, 4503.93,
4506.071, 4507.111, 4507.164, 4511.191, 4511.193, 4517.01,
4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14, 4517.23,
4517.24, 4517.44, 4705.021, 4709.13, 4725.34, 4725.48, 4725.50,
4725.52, 4725.57, 4731.65, 4731.71, 4733.15, 4733.151, 4736.12,
4757.31, 4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 4781.14,
4781.15, 4781.99, 4905.90, 4909.15, 4911.02, 4927.17, 4928.10,
4928.18, 4929.22, 5101.16, 5101.181, 5101.182, 5101.183, 5101.244,
5101.26, 5101.27, 5101.271, 5101.272, 5101.28, 5101.30, 5101.35,
5101.37, 5101.46, 5101.47, 5101.571, 5101.573, 5101.58, 5101.60,
5101.61, 5104.32, 5104.341, 5104.35, 5104.37, 5104.38, 5104.39,
5104.42, 5104.43, 5111.012, 5111.013, 5111.0112, 5111.021,
5111.023, 5111.025, 5111.031, 5111.06, 5111.113, 5111.13, 5111.14,
5111.151, 5111.16, 5111.162, 5111.17, 5111.172, 5111.20, 5111.21,
5111.211, 5111.222, 5111.23, 5111.231, 5111.235, 5111.24,
5111.241, 5111.244, 5111.25, 5111.251, 5111.254, 5111.258,
5111.261, 5111.27, 5111.28, 5111.33, 5111.35, 5111.52, 5111.54,
5111.62, 5111.65, 5111.66, 5111.67, 5111.671, 5111.672, 5111.68,
5111.681, 5111.687, 5111.689, 5111.709, 5111.85, 5111.871,
5111.872, 5111.873, 5111.874, 5111.877, 5111.88, 5111.89,
5111.891, 5111.892, 5111.894, 5111.911, 5111.912, 5111.913,
5111.94, 5111.941, 5111.97, 5112.30, 5112.31, 5112.37, 5112.371,
5112.39, 5112.40, 5112.41, 5112.46, 5112.99, 5119.01, 5119.02,
5119.06, 5119.18, 5119.22, 5119.221, 5119.61, 5119.611, 5119.612,
5119.613, 5119.62, 5119.621, 5119.99, 5120.135, 5120.17, 5120.28,
5120.29, 5122.01, 5122.02, 5122.15, 5122.21, 5122.27, 5122.271,
5122.29, 5122.31, 5122.32, 5123.01, 5123.0413, 5123.0417,
5123.051, 5123.092, 5123.171, 5123.18, 5123.19, 5123.191,
5123.194, 5123.35, 5123.352, 5123.45, 5123.60, 5123.61, 5123.63,
5123.64, 5123.69, 5123.701, 5123.86, 5123.99, 5126.01, 5126.029,
5126.04, 5126.042, 5126.05, 5126.054, 5126.0510, 5126.0511,
5126.0512, 5126.08, 5126.11, 5126.12, 5126.23, 5126.24, 5126.33,
5126.41, 5139.11, 5139.43, 5505.04, 5540.03, 5701.13, 5703.05,
5703.37, 5705.14, 5705.211, 5705.392, 5707.031, 5709.07, 5709.62,
5709.63, 5709.632, 5715.26, 5721.30, 5721.31, 5721.32, 5721.37,
5721.38, 5721.42, 5725.151, 5725.24, 5725.98, 5727.84, 5727.85,
5727.86, 5729.98, 5731.02, 5731.18, 5731.181, 5731.19, 5731.21,
5731.39, 5733.0610, 5739.02, 5747.01, 5747.058, 5747.113, 5747.46,
5747.51, 5751.01, 5751.011, 5751.20, 5751.21, 5751.22, 5751.23,
5751.50, 5753.01, 6103.04, 6109.21, 6111.038, 6111.044, 6111.46,
6115.20, and 6117.05 of the Revised Code are hereby repealed.
Section 105.01. That sections 122.0818, 122.12, 122.121,
122.452, 126.04,
126.501, 126.502, 126.507, 165.031, 179.01,
179.02, 179.03,
179.04, 340.08,
1501.031, 1551.13, 2151.56,
2151.57, 2151.58, 2151.59, 2151.60, 2151.61, 2301.19, 3123.52,
3123.61, 3123.612, 3123.613, 3123.614,
3306.01, 3306.011,
3306.012, 3306.02,
3306.03,
3306.04,
3306.05,
3306.051,
3306.052, 3306.06,
3306.07,
3306.08,
3306.09,
3306.091,
3306.10,
3306.11, 3306.13, 3306.18,
3306.19,
3306.191,
3306.192, 3306.21, 3306.22, 3306.25, 3306.29,
3306.291, 3306.292,
3306.30, 3306.31, 3306.33,
3306.34, 3306.35,
3306.40, 3306.51,
3306.52, 3306.53, 3306.54, 3306.55, 3306.56, 3306.57, 3306.58,
3306.59, 3311.059,
3314.014, 3314.016, 3314.017, 3314.025,
3314.082,
3314.085, 3314.402, 3317.011,
3317.016, 3317.017,
3317.0216, 3317.04,
3317.17, 3318.312, 3319.112, 3319.161,
3329.16, 3349.242,
3706.042,
3721.56, 3722.99, 3733.031,
3733.07,
3923.90, 3923.91,
4115.032, 4582.37, 4981.23,
5101.5211, 5101.5212,
5101.5213,
5101.5214,
5101.5215,
5101.5216,
5111.243, 5111.34,
5111.861,
5111.893, 5111.971,
5122.36,
5123.172, 5123.181, 5123.193,
5123.211, 5123.601,
5123.602, 5123.603,
5123.604,
5123.605,
5126.18, and 5126.19 of
the Revised Code are hereby repealed.
Section 105.10. That sections 126.60, 126.601, 126.602,
126.603, 126.604, and 126.605 of the Revised Code, as enacted by
this act, are hereby repealed, effective July 1, 2012.
Section 120.10. That the version of section 5111.913 of the
Revised Code that results from Section 101.01 of this act be
amended to read as follows:
Sec. 5111.913. If the department of job and family services
enters into a contract with the department of alcohol and drug
addiction services under section 5111.91 of the Revised Code,
boards of alcohol, drug addiction, and mental health the
department of job and family services shall pay the nonfederal
share of any medicaid payment to a provider for services under the
component, or aspect of the component, the department of alcohol
and drug addiction services administers. A board shall use funds
allocated to the board under section 3793.04 of the Revised Code
to pay the nonfederal share.
If necessary, the director of job and
family services shall submit a medicaid state plan amendment to
the United States secretary of health and human services regarding
the department of job and family services' duty under this
section.
Section 120.11. That the existing version of section 5111.913
of the Revised Code that results from Section 101.01 of this act
is hereby repealed.
Section 120.12. That Sections 120.10 and 120.11 of this act
take effect July 1, 2012.
Section 201.10. Except as otherwise provided in this act,
all appropriation items in this act are appropriated out of any
moneys in the state treasury to the credit of the designated fund
that are not otherwise appropriated. For all appropriations made
in this act, the amounts in the first column are for fiscal year
2012 and the amounts in the second column are for fiscal year
2013.
Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO
General Services Fund Group
4J80 |
889601 |
|
CPA Education Assistance |
|
$ |
200,000 |
|
$ |
200,000 |
|
|
4K90 |
889609 |
|
Operating Expenses |
|
$ |
977,200 |
|
$ |
977,500 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
1,177,200 |
|
$ |
1,177,500 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,177,200 |
|
$ |
1,177,500 |
|
|
Section 205.10. ADJ ADJUTANT GENERAL
GRF |
745401 |
|
Ohio Military Reserve |
|
$ |
12,308 |
|
$ |
12,308 |
|
|
GRF |
745404 |
|
Air National Guard |
|
$ |
1,810,606 |
|
$ |
1,810,606 |
|
|
GRF |
745407 |
|
National Guard Benefits |
|
$ |
400,000 |
|
$ |
400,000 |
|
|
GRF |
745409 |
|
Central Administration |
|
$ |
2,692,098 |
|
$ |
2,692,098 |
|
|
GRF |
745499 |
|
Army National Guard |
|
$ |
3,687,888 |
|
$ |
3,689,871 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
8,602,900 |
|
$ |
8,604,883 |
|
|
General Services Fund Group
5340 |
745612 |
|
Property Operations Management |
|
$ |
534,304 |
|
$ |
534,304 |
|
|
5360 |
745605 |
|
Marksmanship Activities |
|
$ |
128,600 |
|
$ |
128,600 |
|
|
5360 |
745620 |
|
Camp Perry and Buckeye Inn Operations |
|
$ |
1,178,311 |
|
$ |
978,846 |
|
|
5370 |
745604 |
|
Ohio National Guard Facilities Maintenance |
|
$ |
62,000 |
|
$ |
62,000 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
1,903,215 |
|
$ |
1,703,750 |
|
|
Federal Special Revenue Fund Group
3410 |
745615 |
|
Air National Guard Base Security |
|
$ |
2,977,692 |
|
$ |
2,977,692 |
|
|
3420 |
745616 |
|
Army National Guard Service Agreement |
|
$ |
10,970,050 |
|
$ |
10,970,050 |
|
|
3E80 |
745628 |
|
Air National Guard Operations and Maintenance |
|
$ |
16,958,595 |
|
$ |
16,958,595 |
|
|
3R80 |
745603 |
|
Counter Drug Operations |
|
$ |
25,000 |
|
$ |
25,000 |
|
|
TOTAL FED Federal Special Revenue Fund Group
| |
$ |
30,931,337 |
|
$ |
30,931,337 |
|
|
State Special Revenue Fund Group
5U80 |
745613 |
|
Community Match Armories |
|
$ |
250,000 |
|
$ |
250,000 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
250,000 |
|
$ |
250,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
41,687,452 |
|
$ |
41,489,970 |
|
|
The foregoing appropriation item 745407, National Guard
Benefits, shall be used for purposes of sections 5919.31 and
5919.33 of the Revised Code, and for administrative costs of the
associated programs.
For active duty members of the Ohio National Guard who died
after October 7, 2001, while performing active duty, the death
benefit, pursuant to section 5919.33 of the Revised Code, shall be
paid to the beneficiary or beneficiaries designated on the
member's Servicemembers' Group Life Insurance Policy.
Of the foregoing appropriation item 745409, Central
Administration, $50,000 in each fiscal year shall be used for the
purpose of paying expenses related to state active duty of members
of the Ohio organized militia, in accordance with a proclamation
of the Governor. Expenses include, but are not limited to, the
cost of equipment, supplies, and services, as determined by the
Adjutant General's Department.
Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
GRF |
100403 |
|
Public Employees Health Care Program |
|
$ |
400,000 |
|
$ |
400,000 |
|
|
GRF |
100415 |
|
OAKS Rental Payments |
|
$ |
23,024,500 |
|
$ |
23,006,300 |
|
|
GRF |
100416 |
|
STARS Lease Rental Payments |
|
$ |
4,970,700 |
|
$ |
4,971,300 |
|
|
GRF |
100418 |
|
Web Sites and Business Gateway |
|
$ |
2,495,063 |
|
$ |
2,395,176 |
|
|
GRF |
100419 |
|
IT Security Infrastructure |
|
$ |
742,535 |
|
$ |
742,648 |
|
|
GRF |
100439 |
|
Equal Opportunity Certification Programs |
|
$ |
625,000 |
|
$ |
625,000 |
|
|
GRF |
100447 |
|
OBA - Building Rent Payments |
|
$ |
53,260,000 |
|
$ |
83,504,200 |
|
|
GRF |
100448 |
|
OBA - Building Operating Payments |
|
$ |
21,000,000 |
|
$ |
21,000,000 |
|
|
GRF |
100449 |
|
DAS - Building Operating Payments |
|
$ |
7,551,245 |
|
$ |
7,551,571 |
|
|
GRF |
100451 |
|
Minority Affairs |
|
$ |
24,016 |
|
$ |
24,016 |
|
|
GRF |
102321 |
|
Construction Compliance |
|
$ |
920,000 |
|
$ |
920,000 |
|
|
GRF |
130321 |
|
State Agency Support Services |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
117,513,059 |
|
$ |
147,640,211 |
|
|
General Services Fund Group
1120 |
100616 |
|
DAS Administration |
|
$ |
5,974,625 |
|
$ |
5,886,524 |
|
|
1150 |
100632 |
|
Central Service Agency |
|
$ |
911,995 |
|
$ |
912,305 |
|
|
1170 |
100644 |
|
General Services Division - Operating |
|
$ |
14,452,167 |
|
$ |
14,171,070 |
|
|
1220 |
100637 |
|
Fleet Management |
|
$ |
3,978,827 |
|
$ |
4,204,066 |
|
|
1250 |
100622 |
|
Human Resources Division - Operating |
|
$ |
16,922,295 |
|
$ |
16,717,009 |
|
|
1250 |
100657 |
|
Benefits Communication |
|
$ |
925,586 |
|
$ |
921,531 |
|
|
1280 |
100620 |
|
Collective Bargaining |
|
$ |
3,462,529 |
|
$ |
3,464,148 |
|
|
1300 |
100606 |
|
Risk Management Reserve |
|
$ |
10,349,494 |
|
$ |
12,149,884 |
|
|
1310 |
100639 |
|
State Architect's Office |
|
$ |
9,812,132 |
|
$ |
9,813,342 |
|
|
1320 |
100631 |
|
DAS Building Management |
|
$ |
16,779,091 |
|
$ |
16,781,574 |
|
|
1330 |
100607 |
|
IT Services Delivery |
|
$ |
58,088,940 |
|
$ |
58,103,005 |
|
|
1880 |
100649 |
|
Equal Opportunity Division - Operating |
|
$ |
939,559 |
|
$ |
863,013 |
|
|
2100 |
100612 |
|
State Printing |
|
$ |
28,277,561 |
|
$ |
28,279,452 |
|
|
2290 |
100630 |
|
IT Governance |
|
$ |
15,130,023 |
|
$ |
15,134,993 |
|
|
2290 |
100640 |
|
Leveraged Enterprise Purchases |
|
$ |
6,129,500 |
|
$ |
6,129,500 |
|
|
4270 |
100602 |
|
Investment Recovery |
|
$ |
5,576,230 |
|
$ |
5,576,664 |
|
|
4N60 |
100617 |
|
Major IT Purchases |
|
$ |
1,950,000 |
|
$ |
4,950,000 |
|
|
4P30 |
100603 |
|
DAS Information Services |
|
$ |
5,047,565 |
|
$ |
4,979,392 |
|
|
5C20 |
100605 |
|
MARCS Administration |
|
$ |
14,075,705 |
|
$ |
14,077,467 |
|
|
5C30 |
100608 |
|
Skilled Trades |
|
$ |
404,297 |
|
$ |
404,375 |
|
|
5EB0 |
100635 |
|
OAKS Support Organization |
|
$ |
19,000,539 |
|
$ |
19,003,108 |
|
|
5EB0 |
100656 |
|
OAKS Updates and Developments |
|
$ |
12,265,952 |
|
$ |
8,743,462 |
|
|
5HU0 |
100655 |
|
Construction Reform Demo Compliance |
|
$ |
150,000 |
|
$ |
150,000 |
|
|
5L70 |
100610 |
|
Professional Development |
|
$ |
2,496,679 |
|
$ |
2,496,760 |
|
|
5V60 |
100619 |
|
Employee Educational Development |
|
$ |
1,047,022 |
|
$ |
935,049 |
|
|
5X30 |
100634 |
|
Centralized Gateway Enhancement |
|
$ |
2,052,308 |
|
$ |
2,052,308 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
256,200,621 |
|
$ |
256,900,001 |
|
|
Federal Special Revenue Fund Group
3AJ0 |
100654 |
|
ARRA Broadband Mapping Grant |
|
$ |
270,756 |
|
$ |
106,347 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
270,756 |
|
$ |
106,347 |
|
|
State Special Revenue Fund Group
5JQ0 |
100658 |
|
Professions Licensing System |
|
$ |
2,000,000 |
|
$ |
1,000,000 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
2,000,000 |
|
$ |
1,000,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
375,984,436 |
|
$ |
405,646,559 |
|
|
Section 207.10.10. PUBLIC EMPLOYEES HEALTH CARE PROGRAM
The foregoing appropriation item 100403, Public Employees
Health Care Program, shall be used by the Department of
Administrative Services to carry out its duties prescribed in
section 9.901 of the Revised Code.
Section 207.10.20. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM
The Ohio Administrative Knowledge System (OAKS) is an
enterprise resource planning system that replaced the state's
central services infrastructure systems, including, but not
limited to, the Central Accounting System, the Human
Resources/Payroll System, the Capital Improvements Projects
Tracking System, the Fixed Assets Management System, and the
Procurement System. The Department of Administrative Services, in
conjunction with the Office of Budget and Management, may update
or add functionality to the OAKS system that will support shared
services, financial or human resources functions, and enterprise
applications that improve the state's operational efficiency. This
includes, but is not limited to, the installation and
implementation of hardware and software. Any lease-purchase
arrangement entered into under Chapter 125. of the Revised Code to
finance the OAKS system and the enhancements described above,
including any fractionalized interest therein, as defined in
division (N) of section 133.01 of the Revised Code, shall provide
that at the end of the lease period, the financed asset becomes
the property of the state.
Section 207.10.30. OAKS LEASE RENTAL PAYMENTS
The foregoing appropriation item 100415, OAKS Rental
Payments, shall be used for payments at the times they are
required to be made for the period from July 1, 2011, through June
30, 2013, pursuant to leases and agreements entered into under
Chapter 125. of the Revised Code, as supplemented by Section
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and
other prior acts of the General Assembly, with respect to
financing the costs associated with the acquisition, development,
installation, and implementation of the Ohio Administrative
Knowledge System. If it is determined that additional
appropriations are necessary for this purpose, the amounts are
hereby appropriated.
Section 207.10.40. STATE TAXATION ACCOUNTING AND REVENUE
SYSTEM
The Department of Administrative Services, in conjunction
with the Department of Taxation, may acquire the State Taxation
Accounting and Revenue System (STARS) pursuant to Chapter 125. of
the Revised Code, including, but not limited to, the application
hardware and software and installation and implementation thereof,
for the use of the Department of Taxation. STARS is an integrated
tax collection and audit system that will replace all of the
state's existing separate tax software and administration systems
for the various taxes collected by the state. Any lease-purchase
arrangement used under Chapter 125. of the Revised Code to acquire
STARS, including any fractionalized interests therein as defined
in division (N) of section 133.01 of the Revised Code, shall
provide that at the end of the lease period, STARS becomes the
property of the state.
Section 207.10.50. STARS LEASE RENTAL PAYMENTS
The foregoing appropriation item 100416, STARS Lease Rental
Payments, shall be used for payments at the times they are
required to be made for the period from July 1, 2011, through June
30, 2013, pursuant to leases and agreements entered into under
Chapter 125. of the Revised Code, as supplemented by Section
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and
other prior acts of the General Assembly, with respect to
financing the cost for the acquisition, development, installation,
and implementation of the State Taxation Accounting and Revenue
System (STARS). If it is determined that additional appropriations
are necessary for this purpose, the amounts are appropriated.
Section 207.10.60. EQUAL OPPORTUNITY CERTIFICATION PROGRAMS
The foregoing appropriation item 100439, Equal Opportunity
Certification Programs, shall be used to pay costs associated with
the equal employment opportunity project tracking software that
were formerly paid from appropriation item 100423, EEO Project
Tracking Software.
Section 207.10.70. BUILDING RENT PAYMENTS
The foregoing appropriation item 100447, OBA - Building Rent
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2011, through
June 30, 2013, by the Department of Administrative Services to the
Ohio Building Authority pursuant to leases and agreements under
Chapter 152. of the Revised Code. These appropriations are the
source of funds pledged for bond service charges on obligations
issued pursuant to Chapter 152. of the Revised Code.
The foregoing appropriation item 100448, OBA - Building
Operating Payments, shall be used to meet all payments at the
times that they are required to be made during the period from
July 1, 2011, through June 30, 2013, by the Department of
Administrative Services to the Ohio Building Authority pursuant to
leases and agreements under Chapter 152. of the Revised Code, but
limited to the aggregate amount of $42,800,000.
The payments to the Ohio Building Authority are for paying
the expenses of agencies that occupy space in various state
facilities. The Department of Administrative Services may enter
into leases and agreements with the Ohio Building Authority
providing for the payment of these expenses. The Ohio Building
Authority shall report to the Department of Administrative
Services and the Office of Budget and Management not later than
five months after the start of each fiscal year the actual
expenses incurred by the Ohio Building Authority in operating the
facilities and any balances remaining from payments and rentals
received in the prior fiscal year. The Department of
Administrative Services shall reduce subsequent payments by the
amount of the balance reported to it by the Ohio Building
Authority.
Section 207.10.80. DAS - BUILDING OPERATING PAYMENTS
The foregoing appropriation item 100449, DAS - Building
Operating Payments, shall be used to pay the rent expenses of
veterans organizations pursuant to section 123.024 of the Revised
Code in fiscal years 2012 and 2013.
The foregoing appropriation item, 100449, DAS - Building
Operating Payments, also may be used to provide funding for the
cost of property appraisals or building studies that the
Department of Administrative Services may be required to obtain
for property that is being sold by the state or property under
consideration to be renovated or purchased by the state.
Notwithstanding section 125.28 of the Revised Code, the
remaining portion of the appropriation may be used to pay the
operating expenses of state facilities maintained by the
Department of Administrative Services that are not billed to
building tenants. These expenses may include, but are not limited
to, the costs for vacant space and space undergoing renovation,
and the rent expenses of tenants that are relocated because of
building renovations. These payments shall be processed by the
Department of Administrative Services through intrastate transfer
vouchers and placed in the Building Management Fund (Fund 1320).
Section 207.10.90. CENTRAL SERVICE AGENCY FUND
The appropriation item 100632, Central Service Agency, shall
be used to purchase the equipment, products, and services that are
needed to maintain existing automated applications for the
professional licensing boards and to support board licensing
functions in fiscal years 2012 and 2013 until these functions are
replaced by the Ohio Professionals Licensing System. The
Department of Administrative Services shall establish charges for
recovering the costs of carrying out these functions. The charges
shall be billed to the professional licensing boards and deposited
via intrastate transfer vouchers to the credit of the Central
Service Agency Fund (Fund 1150).
Section 207.20.10. GENERAL SERVICE CHARGES
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the programs funded by
the General Services Fund (Fund 1170) and the State Printing Fund
(Fund 2100). Such charges within Fund 1170 may be used to recover
the cost of paying a vendor to establish reduced pricing for
contracted supplies or services.
If the Director of Administrative Services determines that
additional amounts are necessary to pay for consulting and
administrative costs related to securing lower pricing, the
Director of Administrative Services may request that the Director
of Budget and Management approve additional expenditures. Such
approved additional amounts are appropriated to appropriation item
100644, General Services Division-Operating.
Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION EXPENSES
With approval of the Director of Budget and Management, the
Department of Administrative Services may seek reimbursement from
state agencies for the actual costs and expenses the Department
incurs in the collective bargaining arbitration process. The
reimbursements shall be processed through intrastate transfer
vouchers and credited to the Collective Bargaining Fund (Fund
1280).
Section 207.20.30. EQUAL OPPORTUNITY PROGRAM
The Department of Administrative Services, with the approval
of the Director of Budget and Management, shall establish charges
for recovering the costs of administering the activities supported
by the State EEO Fund (Fund 1880). These charges shall be
deposited to the credit of the State EEO Fund (Fund 1880) upon
payment made by state agencies, state-supported or state-assisted
institutions of higher education, and tax-supported agencies,
municipal corporations, and other political subdivisions of the
state, for services rendered.
Section 207.20.40. INVESTMENT RECOVERY FUND
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund (Fund 4270)
may be used to support the operating expenses of the Federal
Surplus Operating Program created in sections 125.84 to 125.90 of
the Revised Code.
Notwithstanding division (B) of section 125.14 of the Revised
Code, cash balances in the Investment Recovery Fund may be used to
support the operating expenses of the Asset Management Services
Program, including, but not limited to, the cost of establishing
and maintaining procedures for inventory records for state
property as described in section 125.16 of the Revised Code.
Of the foregoing appropriation item 100602, Investment
Recovery, up to $2,092,697 in fiscal year 2012 and up to
$2,092,697 in fiscal year 2013 may be used to pay the operating
expenses of the State Surplus Property Program, the Surplus
Federal Property Program, and the Asset Management Services
Program under Chapter 125. of the Revised Code and this section.
If additional appropriations are necessary for the operations of
these programs, the Director of Administrative Services shall seek
increased appropriations from the Controlling Board under section
131.35 of the Revised Code.
Of the foregoing appropriation item 100602, Investment
Recovery, $3,500,000 in each fiscal year shall be used to transfer
proceeds from the sale of surplus property from the Investment
Recovery Fund to non-General Revenue Funds under division (A)(2)
of section 125.14 of the Revised Code. If it is determined by the
Director of Administrative Services that additional amounts are
necessary for the transfer of such sale proceeds, the Director of
Administrative Services may request the Director of Budget and
Management to authorize additional amounts. Such authorized
additional amounts are hereby appropriated.
Section 207.20.50. DAS INFORMATION SERVICES
There is hereby established in the State Treasury the DAS
Information Services Fund. The foregoing appropriation item
100603, DAS Information Services, shall be used to pay the costs
of providing information systems and services in the Department of
Administrative Services. Any state agency, board, or commission
may use DAS Information Services by paying for the services
rendered.
The Department of Administrative Services shall establish
user charges for all information systems and services that are
allowable in the statewide indirect cost allocation plan submitted
annually to the United States Department of Health and Human
Services. These charges shall comply with federal regulations and
shall be deposited to the credit of the DAS Information Services
Fund (Fund 4P30).
Section 207.20.60. PROFESSIONAL DEVELOPMENT FUND
The foregoing appropriation item 100610, Professional
Development, shall be used to make payments from the Professional
Development Fund (Fund 5L70) under section 124.182 of the Revised
Code. If it is determined by the Director of Administrative
Services that additional amounts are necessary, the Director of
Administrative Services may request that the Director of Budget
and Management approve additional amounts. Such approved
additional amounts are hereby appropriated.
Section 207.20.70. EMPLOYEE EDUCATIONAL DEVELOPMENT
The foregoing appropriation item 100619, Employee Educational
Development, shall be used to make payments from the Employee
Educational Development Fund (Fund 5V60) under section 124.86 of
the Revised Code. The fund shall be used to pay the costs of
administering educational programs under existing collective
bargaining agreements with District 1199, the Health Care and
Social Service Union; State Council of Professional Educators;
Ohio Education Association and National Education Association; the
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio
State Troopers Association, Units 1 and 15.
If it is determined by the Director of Administrative
Services that additional amounts are necessary, the Director of
Administrative Services may request that the Director of Budget
and Management approve additional amounts. Such approved
additional amounts are hereby appropriated.
Section 207.20.80. CENTRALIZED GATEWAY ENHANCEMENT FUND
(A) As used in this section, "Ohio Business Gateway" refers
to the internet-based system operated by the Department of
Administrative Services with the advice of the Ohio Business
Gateway Steering Committee established under section 5703.57 of
the Revised Code. The Ohio Business Gateway is established to
provide businesses a central web site where various filings and
payments are submitted online to government. The information is
then distributed to the various government entities that interact
with the business community.
(B) As used in this section:
(1) "State Portal" refers to the official web site of the
state, operated by the Department of Administrative Services.
(2) "Shared Hosting Environment" refers to the computerized
system operated by the Department of Administrative Services for
the purpose of providing capability for state agencies to host web
sites.
(C) There is hereby created in the state treasury the
Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing
appropriation item 100634, Centralized Gateway Enhancement, shall
be used by the Department of Administrative Services to pay the
costs of enhancing, expanding, and operating the infrastructure of
the Ohio Business Gateway, State Portal, and Shared Hosting
Environment. The Director of Administrative Services shall submit
spending plans to the Director of Budget and Management to justify
operating transfers to the fund from the General Revenue Fund.
Upon approval, the Director of Budget and Management shall
transfer approved amounts to the fund, not to exceed the amount of
the annual appropriation in each fiscal year. The spending plans
may be based on the recommendations of the Ohio Business Gateway
Steering Committee or its successor.
Section 207.20.90. CASH TRANSFERS FROM THE MAJOR IT PURCHASES
FUND
Upon request of the Director of Administrative Services, the
Director of Budget and Management may make the following transfers
from the Major IT Purchases Fund (Fund 4N60):
(1) Up to $2,800,000 in each fiscal year of the biennium to
the State Architect's Fund (Fund 1310) to support the OAKS Capital
Improvements Module and other costs of the State Architect's
Office that are not directly related to capital projects managed
by the State Architect;
(2) Up to $310,276 in fiscal year 2012 and up to $305,921 in
fiscal year 2013 to the Director's Office Fund (Fund 1120) to
support operating expenses of the Accountability and Results
Initiative.
Section 207.30.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM
DEBT SERVICE PAYMENTS
The Director of Administrative Services, in consultation with
the Multi-Agency Radio Communication System (MARCS) Steering
Committee and the Director of Budget and Management, shall
determine the share of debt service payments attributable to
spending for MARCS components that are not specific to any one
agency and that shall be charged to agencies supported by the
motor fuel tax. Such share of debt service payments shall be
calculated for MARCS capital disbursements made beginning July 1,
1997. Within thirty days of any payment made from appropriation
item 100447, OBA - Building Rent Payments, the Director of
Administrative Services shall certify to the Director of Budget
and Management the amount of this share. The Director of Budget
and Management shall transfer such amounts to the General Revenue
Fund from the State Highway Safety Fund (Fund 7036) established in
section 4501.06 of the Revised Code.
The Director of Administrative Services shall consider
renting or leasing existing tower sites at reasonable or current
market rates, so long as these existing sites are equipped with
the technical capabilities to support the MARCS project.
Section 207.30.20. OHIO PROFESSIONALS LICENSING SYSTEM
There is hereby created in the state treasury the Ohio
Professionals Licensing System Fund (Fund 5JQ0). Appropriation
item 100658, Ohio Professionals Licensing System, shall be used to
make payments from the fund. The fund shall be used to purchase
the equipment, products, and services necessary to develop and
maintain a replacement automated licensing system for the
professional licensing boards. The Director of Budget and
Management may transfer up to $2,670,000 in cash from the
Occupational Licensing and Regulatory Fund (4K90) and up to
$330,000 from the State Medical Board Operating Fund (Fund 5C60)
to the Ohio Professionals Licensing System Fund during the FY
2012-FY 2013 biennium. The purpose of this cash transfer is to
fund the initial acquisition and development of the system. Any
cash balances not expended in fiscal year 2012 are reappropriated
in fiscal year 2013.
Effective with the implementation of the replacement
licensing system, the Department of Administrative Services shall
establish charges for recovering the costs of ongoing maintenance
of the system. The charges shall be billed to the professional
licensing boards and deposited via intrastate transfer vouchers to
the credit of the Ohio Professionals Licensing System Fund.
Section 207.30.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY
Whenever the Director of Administrative Services declares a
"public exigency," as provided in division (C) of section 123.15
of the Revised Code, the Director shall also notify the members of
the Controlling Board.
Section 209.10. AGE DEPARTMENT OF AGING
GRF |
490321 |
|
Operating Expenses |
|
$ |
1,501,616 |
|
$ |
1,502,442 |
|
|
GRF |
490410 |
|
Long-Term Care Ombudsman |
|
$ |
482,271 |
|
$ |
482,271 |
|
|
GRF |
490411 |
|
Senior Community Services |
|
$ |
7,130,952 |
|
$ |
7,131,236 |
|
|
GRF |
490414 |
|
Alzheimer's Respite |
|
$ |
1,917,740 |
|
$ |
1,917,757 |
|
|
GRF |
490423 |
|
Long Term Care Budget - State |
|
$ |
3,419,250 |
|
$ |
3,419,250 |
|
|
GRF |
490506 |
|
National Senior Service Corps |
|
$ |
241,413 |
|
$ |
241,413 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
14,693,242 |
|
$ |
14,694,369 |
|
|
General Services Fund Group
4800 |
490606 |
|
Senior Community Outreach and Education |
|
$ |
372,518 |
|
$ |
372,523 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
372,518 |
|
$ |
372,523 |
|
|
Federal Special Revenue Fund Group
3220 |
490618 |
|
Federal Aging Grants |
|
$ |
14,000,000 |
|
$ |
14,000,000 |
|
|
3C40 |
490623 |
|
Long Term Care Budget |
|
$ |
3,525,000 |
|
$ |
3,525,000 |
|
|
3M40 |
490612 |
|
Federal Independence Services |
|
$ |
63,655,080 |
|
$ |
63,655,080 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
81,180,080 |
|
$ |
81,180,080 |
|
|
State Special Revenue Fund Group
4C40 |
490609 |
|
Regional Long-Term Care Ombudsman Program |
|
$ |
935,000 |
|
$ |
935,000 |
|
|
5BA0 |
490620 |
|
Ombudsman Support |
|
$ |
750,000 |
|
$ |
750,000 |
|
|
5K90 |
490613 |
|
Long Term Care Consumers Guide |
|
$ |
1,059,400 |
|
$ |
1,059,400 |
|
|
5W10 |
490616 |
|
Resident Services Coordinator Program |
|
$ |
344,692 |
|
$ |
344,700 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
3,089,092 |
|
$ |
3,089,100 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
99,334,932 |
|
$ |
99,336,072 |
|
|
Section 209.20. LONG-TERM CARE
Pursuant to an interagency agreement, the Department of Job
and Family Services shall designate the Department of Aging to
perform assessments under section 5111.204 of the Revised Code.
The Department of Aging shall provide long-term care consultations
under section 173.42 of the Revised Code to assist individuals in
planning for their long-term health care needs.
The Department of Aging shall administer the Medicaid
waiver-funded PASSPORT Home Care Program, the Choices Program, the
Assisted Living Program, and the PACE Program as delegated by the
Department of Job and Family Services in an interagency agreement.
The foregoing appropriation items 490423, Long Term Care Budget -
State, and 490623, Long Term Care Budget, may be used to support
the Department of Aging's administrative costs associated with
operating the PASSPORT, Choices, Assisted Living, and PACE
programs.
Section 209.30. LONG-TERM CARE OMBUDSMAN
The foregoing appropriation item 490410, Long-Term Care
Ombudsman, shall be used for a program to fund ombudsman program
activities as authorized in sections 173.14 to 173.27 and section
173.99 of the Revised Code.
SENIOR COMMUNITY SERVICES
The foregoing appropriation item 490411, Senior Community
Services, shall be used for services designated by the Department
of Aging, including, but not limited to, home-delivered and
congregate meals, transportation services, personal care services,
respite services, adult day services, home repair, care
coordination, and decision support systems. Service priority shall
be given to low income, frail, and cognitively impaired persons 60
years of age and over. The department shall promote cost sharing
by service recipients for those services funded with senior
community services funds, including, when possible, sliding-fee
scale payment systems based on the income of service recipients.
The foregoing appropriation item 490414, Alzheimer's Respite,
shall be used to fund only Alzheimer's disease services under
section 173.04 of the Revised Code.
SENIOR COMMUNITY OUTREACH AND EDUCATION
The foregoing appropriation item 490606, Senior Community
Outreach and Education, may be used to provide training to workers
in the field of aging pursuant to division (G) of section 173.02
of the Revised Code.
TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES
AND FEDERAL AGING GRANTS
At the request of the Director of Aging, the Director of
Budget and Management may transfer appropriation between
appropriation items 490612, Federal Independence Services, and
490618, Federal Aging Grants. The amounts transferred shall not
exceed 30 per cent of the appropriation from which the transfer is
made. Any transfers shall be reported by the Department of Aging
to the Controlling Board at the next scheduled meeting of the
board.
REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM
The foregoing appropriation item 490609, Regional Long-Term
Care Ombudsman Program, shall be used to pay the costs of
operating the regional long-term care ombudsman programs
designated by the Long-Term Care Ombudsman.
TRANSFER OF RESIDENT PROTECTION FUNDS
In each fiscal year, the Director of Budget and Management
may transfer up to $750,000 cash from the Resident Protection Fund
(Fund 4E30), which is used by the Department of Job and Family
Services, to the Ombudsman Support Fund (Fund 5BA0), which is used
by the Department of Aging. The moneys in the Ombudsman Support
Fund may be used by the state office of the Long-Term Care
Ombudsman Program and by regional ombudsman programs to promote
person-centered care in nursing homes.
On July 1, 2011, or as soon as possible thereafter, the
Department of Aging shall certify to the Director of Budget and
Management the amount of the cash balance in the Ombudsman Support
Fund at the end of fiscal year 2011.
LONG-TERM CARE CONSUMERS GUIDE
The foregoing appropriation item 490613, Long-Term Care
Consumers Guide, shall be used to conduct annual customer
satisfaction surveys and to pay for other administrative expenses
related to the publication of the Ohio Long-Term Care Consumer
Guide.
During fiscal year 2012 and fiscal year 2013, the Department
of Aging shall identify methods and tools for assessing consumer
satisfaction with adult care facilities and with the providers of
home and community-based services. The Department shall also
consider the development of a provider fee structure to support
the inclusion of information about adult care facilities and
providers of home and community-based services among the types of
providers reviewed in the Ohio Long-Term Care Consumer Guide.
Section 211.10. AGR DEPARTMENT OF AGRICULTURE
GRF |
700401 |
|
Animal Disease Control |
|
$ |
3,736,687 |
|
$ |
3,736,687 |
|
|
GRF |
700403 |
|
Dairy Division |
|
$ |
1,047,331 |
|
$ |
1,047,331 |
|
|
GRF |
700404 |
|
Ohio Proud |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
GRF |
700406 |
|
Consumer Analytical Lab |
|
$ |
1,150,000 |
|
$ |
1,150,000 |
|
|
GRF |
700407 |
|
Food Safety |
|
$ |
822,541 |
|
$ |
822,541 |
|
|
GRF |
700409 |
|
Farmland Preservation |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
GRF |
700412 |
|
Weights and Measures |
|
$ |
550,000 |
|
$ |
550,000 |
|
|
GRF |
700415 |
|
Poultry Inspection |
|
$ |
360,401 |
|
$ |
360,401 |
|
|
GRF |
700418 |
|
Livestock Regulation Program |
|
$ |
1,108,071 |
|
$ |
1,108,071 |
|
|
GRF |
700424 |
|
Livestock Testing and Inspections |
|
$ |
102,770 |
|
$ |
102,770 |
|
|
GRF |
700499 |
|
Meat Inspection Program - State Share |
|
$ |
4,075,097 |
|
$ |
4,075,097 |
|
|
GRF |
700501 |
|
County Agricultural Societies |
|
$ |
391,413 |
|
$ |
391,413 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
13,444,311 |
|
$ |
13,444,311 |
|
|
General Services Fund Group
5DA0 |
700644 |
|
Laboratory Administration Support |
|
$ |
1,094,867 |
|
$ |
1,094,867 |
|
|
5GH0 |
700655 |
|
Central Support Indirect Cost |
|
$ |
4,456,842 |
|
$ |
4,456,842 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
5,551,709 |
|
$ |
5,551,709 |
|
|
Federal Special Revenue Fund Group
3260 |
700618 |
|
Meat Inspection Program - Federal Share |
|
$ |
4,950,000 |
|
$ |
4,950,000 |
|
|
3360 |
700617 |
|
Ohio Farm Loan Revolving Fund |
|
$ |
150,000 |
|
$ |
150,000 |
|
|
3820 |
700601 |
|
Cooperative Contracts |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
|
|
3AB0 |
700641 |
|
Agricultural Easement |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
3J40 |
700607 |
|
Indirect Cost |
|
$ |
600,000 |
|
$ |
600,000 |
|
|
3R20 |
700614 |
|
Federal Plant Industry |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
9,700,000 |
|
$ |
9,700,000 |
|
|
State Special Revenue Fund Group
4960 |
700626 |
|
Ohio Grape Industries |
|
$ |
846,611 |
|
$ |
846,611 |
|
|
4970 |
700627 |
|
Commodity Handlers Regulatory Program |
|
$ |
483,402 |
|
$ |
483,402 |
|
|
4C90 |
700605 |
|
Commercial Feed and Seed |
|
$ |
1,816,897 |
|
$ |
1,816,897 |
|
|
4D20 |
700609 |
|
Auction Education |
|
$ |
41,000 |
|
$ |
41,000 |
|
|
4E40 |
700606 |
|
Utility Radiological Safety |
|
$ |
131,785 |
|
$ |
131,785 |
|
|
4P70 |
700610 |
|
Food Safety Inspection |
|
$ |
1,085,836 |
|
$ |
1,085,836 |
|
|
4R00 |
700636 |
|
Ohio Proud Marketing |
|
$ |
30,500 |
|
$ |
30,500 |
|
|
4R20 |
700637 |
|
Dairy Industry Inspection |
|
$ |
1,758,247 |
|
$ |
1,758,247 |
|
|
4T60 |
700611 |
|
Poultry and Meat Inspection |
|
$ |
180,000 |
|
$ |
180,000 |
|
|
4T70 |
700613 |
|
Ohio Proud International and Domestic Market Development |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
5780 |
700620 |
|
Ride Inspection Fees |
|
$ |
1,175,142 |
|
$ |
1,175,142 |
|
|
5B80 |
700629 |
|
Auctioneers |
|
$ |
359,823 |
|
$ |
359,823 |
|
|
5FC0 |
700648 |
|
Plant Pest Program |
|
$ |
1,164,000 |
|
$ |
1,164,000 |
|
|
5H20 |
700608 |
|
Metrology Lab and Scale Certification |
|
$ |
750,000 |
|
$ |
750,000 |
|
|
5HP0 |
700656 |
|
Livestock Care Standards Board |
|
$ |
80,000 |
|
$ |
80,000 |
|
|
5L80 |
700604 |
|
Livestock Management Program |
|
$ |
584,000 |
|
$ |
584,000 |
|
|
6520 |
700634 |
|
Animal and Consumer Analytical Laboratory |
|
$ |
4,366,383 |
|
$ |
4,366,383 |
|
|
6690 |
700635 |
|
Pesticide, Fertilizer, and Lime Inspection Program |
|
$ |
3,418,041 |
|
$ |
3,418,041 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
18,321,667 |
|
$ |
18,321,667 |
|
|
Clean Ohio Conservation Fund Group
7057 |
700632 |
|
Clean Ohio Agricultural Easement |
|
$ |
310,000 |
|
$ |
310,000 |
|
|
TOTAL CLF Clean Ohio Conservation Fund Group
| |
$ |
310,000 |
|
$ |
310,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
47,327,687 |
|
$ |
47,327,687 |
|
|
COUNTY AGRICULTURAL SOCIETIES
The foregoing appropriation item 700501, County Agricultural
Societies, shall be used to reimburse county and independent
agricultural societies for expenses related to Junior Fair
activities.
CLEAN OHIO AGRICULTURAL EASEMENT
The foregoing appropriation item 700632, Clean Ohio
Agricultural Easement, shall be used by the Department of
Agriculture in administering Ohio Agricultural Easement Fund (Fund
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to
5301.70 of the Revised Code.
Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY
General Services Fund Group
5EG0 |
898608 |
|
Energy Strategy Development |
|
$ |
240,382 |
|
$ |
240,681 |
|
|
TOTAL GSF General Services Fund
| |
$ |
240,382 |
|
$ |
240,681 |
|
|
4Z90 |
898602 |
|
Small Business Ombudsman |
|
$ |
288,050 |
|
$ |
288,232 |
|
|
5700 |
898601 |
|
Operating Expenses |
|
$ |
323,980 |
|
$ |
323,980 |
|
|
5A00 |
898603 |
|
Small Business Assistance |
|
$ |
71,087 |
|
$ |
71,087 |
|
|
TOTAL AGY Agency Fund Group
| |
$ |
683,117 |
|
$ |
683,299 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
923,499 |
|
$ |
923,980 |
|
|
Section 213.20. ENERGY STRATEGY DEVELOPMENT
The Ohio Air Quality Development Authority shall establish
the Energy Strategy Development Program for the purpose of
developing energy initiatives, projects, and policy for the state.
Issues addressed by such initiatives, projects, and policy shall
not be limited to those governed by Chapter 3706. of the Revised
Code.
There is hereby created in the state treasury the Energy
Strategy Development Fund (Fund 5EG0). The fund shall consist of
money credited to it and money obtained for advanced energy
projects from federal or private grants, loans, or other sources.
Money in the fund shall be used to carry out the purposes of the
program. Interest earned on the money in the fund shall be
credited to the General Revenue Fund.
On July 1 of each fiscal year, or as soon as possible
thereafter, the Director of Budget and Management may transfer
cash from the funds specified below, in the amounts specified
below, to the Energy Strategy Development Fund. Fund 5EG0 may
accept contributions and transfers made to the fund. On July 1,
2013, or as soon as possible thereafter, the Director shall
transfer to the General Revenue Fund all cash credited to Fund
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.
Fund |
Fund Name |
User |
FY 2012 |
FY 2013 |
|
|
1170 |
Office Services |
Department of Administrative Services |
$27,405 |
$27,439 |
|
|
5GH0 |
Central Support Indirect Cost |
Department of Agriculture |
$27,405 |
$27,439 |
|
|
1350 |
Supportive Services |
Department of Development |
$27,405 |
$27,439 |
|
|
2190 |
Central Support Indirect Cost |
Environmental Protection Agency |
$27,405 |
$27,439 |
|
|
1570 |
Central Support Indirect Chargeback |
Department of Natural Resources |
$27,405 |
$27,439 |
|
|
7002 |
Highway Operating |
Department of Transportation |
$39,150 |
$39,199 |
|
|
Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT
AUTHORITY TRUST ACCOUNT
Notwithstanding any other provision of law to the contrary,
the Air Quality Development Authority may reimburse the Air
Quality Development Authority trust account established under
section 3706.10 of the Revised Code from all operating funds of
the agency for expenses pertaining to the administration and
shared costs incurred by the Air Quality Development Authority in
the execution of responsibilities as prescribed in Chapter 3706.
of the Revised Code. Reimbursement shall be made by voucher and
completed in accordance with the administrative indirect costs
allocation plan approved by the Office of Budget and Management.
Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION
SERVICES
GRF |
038401 |
|
Treatment Services |
|
$ |
32,684,703 |
|
$ |
4,520,974 |
|
|
GRF |
038404 |
|
Prevention Services |
|
$ |
868,659 |
|
$ |
868,659 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
33,553,362 |
|
$ |
5,389,633 |
|
|
5T90 |
038616 |
|
Problem Gambling Services |
|
$ |
335,000 |
|
$ |
335,000 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
335,000 |
|
$ |
335,000 |
|
|
Federal Special Revenue Fund Group
3G40 |
038614 |
|
Substance Abuse Block Grant |
|
$ |
69,000,000 |
|
$ |
69,000,000 |
|
|
3H80 |
038609 |
|
Demonstration Grants |
|
$ |
8,675,580 |
|
$ |
8,675,580 |
|
|
3J80 |
038610 |
|
Medicaid |
|
$ |
69,200,000 |
|
$ |
0 |
|
|
3N80 |
038611 |
|
Administrative Reimbursement |
|
$ |
300,000 |
|
$ |
300,000 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
147,175,580 |
|
$ |
77,975,580 |
|
|
State Special Revenue Fund Group
4750 |
038621 |
|
Statewide Treatment and Prevention |
|
$ |
16,000,000 |
|
$ |
14,000,000 |
|
|
5JW0 |
038615 |
|
Board Match Reimbursement |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
|
|
6890 |
038604 |
|
Education and Conferences |
|
$ |
150,000 |
|
$ |
150,000 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
19,150,000 |
|
$ |
17,150,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
200,213,942 |
|
$ |
100,850,213 |
|
|
Section 217.10. ARC ARCHITECTS BOARD
General Services Fund Group
4K90 |
891609 |
|
Operating Expenses |
|
$ |
494,459 |
|
$ |
478,147 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
494,459 |
|
$ |
478,147 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
494,459 |
|
$ |
478,147 |
|
|
Section 219.10. ART OHIO ARTS COUNCIL
GRF |
370321 |
|
Operating Expenses |
|
$ |
1,305,704 |
|
$ |
1,305,704 |
|
|
GRF |
370502 |
|
State Program Subsidies |
|
$ |
5,000,000 |
|
$ |
6,000,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
6,305,704 |
|
$ |
7,305,704 |
|
|
General Services Fund Group
4600 |
370602 |
|
Management Expenses and Donations |
|
$ |
247,000 |
|
$ |
247,000 |
|
|
4B70 |
370603 |
|
Percent for Art Acquisitions |
|
$ |
247,000 |
|
$ |
247,000 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
494,000 |
|
$ |
494,000 |
|
|
Federal Special Revenue Fund Group
3140 |
370601 |
|
Federal Support |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
TOTAL FED Federal Special Revenue Fund Group
| |
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
7,799,704 |
|
$ |
8,799,704 |
|
|
Section 221.10. ATH ATHLETIC COMMISSION
General Services Fund Group
4K90 |
175609 |
|
Operating Expenses |
|
$ |
281,904 |
|
$ |
292,509 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
281,904 |
|
$ |
292,509 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
281,904 |
|
$ |
292,509 |
|
|
Section 223.10. AGO ATTORNEY GENERAL
GRF |
055321 |
|
Operating Expenses |
|
$ |
42,514,169 |
|
$ |
42,514,169 |
|
|
GRF |
055405 |
|
Law-Related Education |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
GRF |
055411 |
|
County Sheriffs' Pay Supplement |
|
$ |
757,921 |
|
$ |
757,921 |
|
|
GRF |
055415 |
|
County Prosecutors' Pay Supplement |
|
$ |
831,499 |
|
$ |
831,499 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
44,203,589 |
|
$ |
44,203,589 |
|
|
General Services Fund Group
1060 |
055612 |
|
General Reimbursement |
|
$ |
43,197,968 |
|
$ |
43,011,277 |
|
|
1950 |
055660 |
|
Workers' Compensation Section |
|
$ |
8,415,504 |
|
$ |
8,415,504 |
|
|
4180 |
055615 |
|
Charitable Foundations |
|
$ |
7,286,000 |
|
$ |
7,286,000 |
|
|
4200 |
055603 |
|
Attorney General Antitrust |
|
$ |
1,871,674 |
|
$ |
1,839,074 |
|
|
4210 |
055617 |
|
Police Officers' Training Academy Fee |
|
$ |
2,124,942 |
|
$ |
2,088,805 |
|
|
4Z20 |
055609 |
|
BCI Asset Forfeiture and Cost Reimbursement |
|
$ |
1,529,685 |
|
$ |
1,521,731 |
|
|
5900 |
055633 |
|
Peace Officer Private Security Fund |
|
$ |
98,370 |
|
$ |
98,370 |
|
|
5A90 |
055618 |
|
Telemarketing Fraud Enforcement |
|
$ |
7,500 |
|
$ |
7,500 |
|
|
5L50 |
055619 |
|
Law Enforcement Assistance Program |
|
$ |
300,222 |
|
$ |
0 |
|
|
6310 |
055637 |
|
Consumer Protection Enforcement |
|
$ |
3,799,115 |
|
$ |
3,718,973 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
68,630,980 |
|
$ |
67,987,234 |
|
|
Federal Special Revenue Fund Group
3060 |
055620 |
|
Medicaid Fraud Control |
|
$ |
4,211,235 |
|
$ |
4,122,399 |
|
|
3810 |
055611 |
|
Civil Rights Legal Service |
|
$ |
402,540 |
|
$ |
402,540 |
|
|
3830 |
055634 |
|
Crime Victims Assistance |
|
$ |
13,000,000 |
|
$ |
13,000,000 |
|
|
3E50 |
055638 |
|
Attorney General Pass-Through Funds |
|
$ |
1,223,606 |
|
$ |
1,222,172 |
|
|
3R60 |
055613 |
|
Attorney General Federal Funds |
|
$ |
3,823,251 |
|
$ |
3,673,251 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
22,660,632 |
|
$ |
22,420,362 |
|
|
State Special Revenue Fund Group
4020 |
055616 |
|
Victims of Crime |
|
$ |
26,000,000 |
|
$ |
26,000,000 |
|
|
4170 |
055621 |
|
Domestic Violence Shelter |
|
$ |
25,000 |
|
$ |
25,000 |
|
|
4190 |
055623 |
|
Claims Section |
|
$ |
44,197,843 |
|
$ |
41,953,025 |
|
|
4L60 |
055606 |
|
DARE Programs |
|
$ |
4,477,962 |
|
$ |
4,477,962 |
|
|
4Y70 |
055608 |
|
Title Defect Recision |
|
$ |
600,000 |
|
$ |
600,000 |
|
|
6590 |
055641 |
|
Solid and Hazardous Waste Background Investigations |
|
$ |
662,227 |
|
$ |
651,049 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
75,963,032 |
|
$ |
73,707,036 |
|
|
Holding Account Redistribution Fund Group
R004 |
055631 |
|
General Holding Account |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
R005 |
055632 |
|
Antitrust Settlements |
|
$ |
1,000 |
|
$ |
1,000 |
|
|
R018 |
055630 |
|
Consumer Frauds |
|
$ |
750,000 |
|
$ |
750,000 |
|
|
R042 |
055601 |
|
Organized Crime Commission Distributions |
|
$ |
25,025 |
|
$ |
25,025 |
|
|
R054 |
055650 |
|
Collection Outside Counsel Payments |
|
$ |
4,500,000 |
|
$ |
4,500,000 |
|
|
TOTAL 090 Holding Account
| |
|
|
|
|
|
|
|
Redistribution Fund Group
| |
$ |
6,276,025 |
|
$ |
6,276,025 |
|
|
Tobacco Master Settlement Agreement Fund Group
J087 |
055635 |
|
Law Enforcement Technology, Training, and Facility Enhancements |
|
$ |
2,300,000 |
|
$ |
0 |
|
|
U087 |
055402 |
|
Tobacco Settlement Oversight, Administration, and Enforcement |
|
$ |
2,527,992 |
|
$ |
2,514,690 |
|
|
TOTAL TSF Tobacco Master Settlement Agreement Fund Group
| |
$ |
4,827,992 |
|
$ |
2,514,690 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
222,562,250 |
|
$ |
217,108,936 |
|
|
COUNTY SHERIFFS' PAY SUPPLEMENT
The foregoing appropriation item 055411, County Sheriffs' Pay
Supplement, shall be used for the purpose of supplementing the
annual compensation of county sheriffs as required by section
325.06 of the Revised Code.
At the request of the Attorney General, the Director of
Budget and Management may transfer appropriation from
appropriation item 055321, Operating Expenses, to appropriation
item 055411, County Sheriffs' Pay Supplement. Any appropriation so
transferred shall be used to supplement the annual compensation of
county sheriffs as required by section 325.06 of the Revised Code.
COUNTY PROSECUTORS' PAY SUPPLEMENT
The foregoing appropriation item 055415, County Prosecutors'
Pay Supplement, shall be used for the purpose of supplementing the
annual compensation of certain county prosecutors as required by
section 325.111 of the Revised Code.
At the request of the Attorney General, the Director of
Budget and Management may transfer appropriation from
appropriation item 055321, Operating Expenses, to appropriation
item 055415, County Prosecutors' Pay Supplement. Any appropriation
so transferred shall be used to supplement the annual compensation
of county prosecutors as required by section 325.111 of the
Revised Code.
WORKERS' COMPENSATION SECTION
The Workers' Compensation Fund (Fund 1950) is entitled to
receive payments from the Bureau of Workers' Compensation and the
Ohio Industrial Commission at the beginning of each quarter of
each fiscal year to fund legal services to be provided to the
Bureau of Workers' Compensation and the Ohio Industrial Commission
during the ensuing quarter. The advance payment shall be subject
to adjustment.
In addition, the Bureau of Workers' Compensation shall
transfer payments at the beginning of each quarter for the support
of the Workers' Compensation Fraud Unit.
All amounts shall be mutually agreed upon by the Attorney
General, the Bureau of Workers' Compensation, and the Ohio
Industrial Commission.
ATTORNEY GENERAL PASS-THROUGH FUNDS
The foregoing appropriation item 055638, Attorney General
Pass-Through Funds, shall be used to receive federal grant funds
provided to the Attorney General by other state agencies,
including, but not limited to, the Department of Youth Services
and the Department of Public Safety.
The foregoing appropriation item 055631, General Holding
Account, shall be used to distribute moneys under the terms of
relevant court orders or other settlements received in a variety
of cases involving the Office of the Attorney General. If it is
determined that additional amounts are necessary for this purpose,
the amounts are hereby appropriated.
The foregoing appropriation item 055632, Antitrust
Settlements, shall be used to distribute moneys under the terms of
relevant court orders or other out of court settlements in
antitrust cases or antitrust matters involving the Office of the
Attorney General. If it is determined that additional amounts are
necessary for this purpose, the amounts are hereby appropriated.
The foregoing appropriation item 055630, Consumer Frauds,
shall be used for distribution of moneys from court-ordered
judgments against sellers in actions brought by the Office of
Attorney General under sections 1334.08 and 4549.48 and division
(B) of section 1345.07 of the Revised Code. These moneys shall be
used to provide restitution to consumers victimized by the fraud
that generated the court-ordered judgments. If it is determined
that additional amounts are necessary for this purpose, the
amounts are hereby appropriated.
ORGANIZED CRIME COMMISSION DISTRIBUTIONS
The foregoing appropriation item 055601, Organized Crime
Commission Distributions, shall be used by the Organized Crime
Investigations Commission, as provided by section 177.011 of the
Revised Code, to reimburse political subdivisions for the expenses
the political subdivisions incur when their law enforcement
officers participate in an organized crime task force. If it is
determined that additional amounts are necessary for this purpose,
the amounts are hereby appropriated.
COLLECTION OUTSIDE COUNSEL PAYMENTS
The foregoing appropriation item 055650, Collection Outside
Counsel Payments, shall be used for the purpose of paying
contingency counsel fees for cases where debtors mistakenly paid
the client agencies instead of the Attorney General's Revenue
Recovery/Collections Enforcement Section. If it is determined that
additional amounts are necessary for this purpose, the amounts are
hereby appropriated.
Section 225.10. AUD AUDITOR OF STATE
GRF |
070321 |
|
Operating Expenses |
|
$ |
27,434,452 |
|
$ |
27,434,452 |
|
|
GRF |
070403 |
|
Fiscal Watch/Emergency Technical Assistance |
|
$ |
800,000 |
|
$ |
800,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
28,234,452 |
|
$ |
28,234,452 |
|
|
Auditor of State Fund Group
1090 |
070601 |
|
Public Audit Expense - Intra-State |
|
$ |
9,000,000 |
|
$ |
8,700,000 |
|
|
4220 |
070602 |
|
Public Audit Expense - Local Government |
|
$ |
31,422,959 |
|
$ |
31,052,999 |
|
|
5840 |
070603 |
|
Training Program |
|
$ |
181,250 |
|
$ |
181,250 |
|
|
6750 |
070605 |
|
Uniform Accounting Network |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
|
|
TOTAL AUD Auditor of State Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
44,104,209 |
|
$ |
43,434,249 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
72,338,661 |
|
$ |
71,668,701 |
|
|
FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE
The foregoing appropriation item 070403, Fiscal
Watch/Emergency Technical Assistance, shall be used for expenses
incurred by the Office of the Auditor of State in its role
relating to fiscal watch or fiscal emergency activities under
Chapters 118. and 3316. of the Revised Code. Expenses include, but
are not limited to, the following: duties related to the
determination or termination of fiscal watch or fiscal emergency
of municipal corporations, counties, townships, or school
districts; development of preliminary accounting reports;
performance of annual forecasts; provision of performance audits;
and supervisory, accounting, or auditing services for the
municipal corporations, counties, townships, or school districts.
An amount equal to the unexpended, unencumbered portion of
appropriation item 070403, Fiscal Watch/Emergency Technical
Assistance, at the end of fiscal year 2012 is hereby
reappropriated for the same purpose in fiscal year 2013.
Section 227.10. BRB BOARD OF BARBER EXAMINERS
General Services Fund Group
4K90 |
877609 |
|
Operating Expenses |
|
$ |
656,320 |
|
$ |
649,211 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
656,320 |
|
$ |
649,211 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
656,320 |
|
$ |
649,211 |
|
|
Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT
GRF |
042321 |
|
Budget Development and Implementation |
|
$ |
2,362,025 |
|
$ |
2,378,166 |
|
|
GRF |
042416 |
|
Office of Health Transformation |
|
$ |
306,285 |
|
$ |
0 |
|
|
GRF |
042422 |
|
Pension Shift Replacement |
|
$ |
23,436,402 |
|
$ |
22,348,323 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
26,104,712 |
|
$ |
24,726,489 |
|
|
General Services Fund Group
1050 |
042603 |
|
State Accounting and Budgeting |
|
$ |
21,917,230 |
|
$ |
22,006,331 |
|
|
5N40 |
042602 |
|
OAKS Project Implementation |
|
$ |
1,358,000 |
|
$ |
1,309,500 |
|
|
5Z80 |
042608 |
|
Office of Health Transformation Administration |
|
$ |
57,752 |
|
$ |
0 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
23,332,982 |
|
$ |
23,315,831 |
|
|
Federal Special Revenue Fund Group
3CM0 |
042606 |
|
Office of Health Transformation - Federal |
|
$ |
384,037 |
|
$ |
145,500 |
|
|
TOTAL FED Federal Special Revenue Fund Group
| |
$ |
384,037 |
|
$ |
145,500 |
|
|
5EH0 |
042604 |
|
Forgery Recovery |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
TOTAL AGY Agency Fund Group
| |
$ |
50,000 |
|
$ |
50,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
49,871,731 |
|
$ |
48,237,820 |
|
|
All centralized audit costs associated with either Single
Audit Schedules or financial statements prepared in conformance
with generally accepted accounting principles for the state shall
be paid from the foregoing appropriation item 042603, State
Accounting and Budgeting.
Costs associated with the audit of the Auditor of State and
national association dues shall be paid from the foregoing
appropriation item 042321, Budget Development and Implementation.
PENSION SHIFT REPLACEMENT
Notwithstanding any provision of law to the contrary, the
foregoing appropriation item 042422, Pension Shift Replacement,
shall be used by the Director of Budget and Management to help
state agencies fully fund the employer's share of public
retirement system contributions for state employees who are paid
directly by warrant of the Director of Budget and Management.
The Director of Budget and Management may authorize
additional expenditures from various non-GRF appropriation items
in order to fully fund the employer's share of public retirement
system contributions for state employees who are paid directly by
warrant of the Director of Budget and Management. Any additional
expenditures authorized by the Director of Budget and Management
under this paragraph are hereby appropriated.
The Director of Budget and Management shall use the OAKS
Project Implementation Fund (Fund 5N40) and the Accounting and
Budgeting Fund (Fund 1050) to support a Shared Services Center
within the Office of Budget and Management for the purpose of
consolidating statewide business functions and common
transactional processes.
The Director of Budget and Management shall include the
recovery of costs to operate the Shared Services Center in the
accounting and budgeting services payroll rate and through a
direct charge using intrastate transfer vouchers to agencies for
services rendered. The Director of Budget and Management shall
determine the cost recovery methodology. Such cost recovery
revenues shall be deposited to the credit of Fund 1050.
INTERNAL CONTROL AND AUDIT OVERSIGHT
The Director of Budget and Management shall include the
recovery of costs to operate the Internal Control and Audit
Oversight Program in the accounting and budgeting services payroll
rate and through a direct charge using intrastate transfer
vouchers to agencies reviewed by the program. The Director of
Budget and Management, with advice from the Internal Audit
Advisory Council, shall determine the cost recovery methodology.
Such cost recovery revenues shall be deposited to the credit of
the Accounting and Budgeting Fund (Fund 1050).
The foregoing appropriation item 042604, Forgery Recovery,
shall be used to reissue warrants that have been certified as
forgeries by the rightful recipient as determined by the Bureau of
Criminal Identification and Investigation and the Treasurer of
State. Upon receipt of funds to cover the reissuance of the
warrant, the Director of Budget and Management shall reissue a
state warrant of the same amount.
GRF TRANSFER TO THE OAKS PROJECT IMPLEMENTATION FUND
On July 1 of each fiscal year, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
an amount not to exceed $1,100,000 in cash from the General
Revenue Fund to the OAKS Project Implementation Fund (Fund 5N40).
Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
GRF |
874100 |
|
Personal Services |
|
$ |
1,272,017 |
|
$ |
1,272,017 |
|
|
GRF |
874320 |
|
Maintenance and Equipment |
|
$ |
529,391 |
|
$ |
529,391 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
1,801,408 |
|
$ |
1,801,408 |
|
|
General Services Fund Group
4G50 |
874603 |
|
Capitol Square Education Center and Arts |
|
$ |
15,000 |
|
$ |
15,000 |
|
|
4S70 |
874602 |
|
Statehouse Gift Shop/Events |
|
$ |
686,708 |
|
$ |
686,708 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
701,708 |
|
$ |
701,708 |
|
|
Underground Parking Garage
2080 |
874601 |
|
Underground Parking Garage Operations |
|
$ |
3,290,052 |
|
$ |
3,186,573 |
|
|
TOTAL UPG Underground Parking
| |
|
|
|
|
|
|
|
Garage
| |
$ |
3,290,052 |
|
$ |
3,186,573 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
5,793,168 |
|
$ |
5,689,689 |
|
|
Of the foregoing appropriation item 874601, Underground
Parking Garage Operations, $48,000 in each fiscal year shall be
used to meet all payments at the times they are required to be
made during the period from July 1, 2011, through June 30, 2013,
to the Ohio Building Authority for bond service charges relating
to the purchase and improvement of a warehouse acquired pursuant
to section 105.41 of the Revised Code, in which to store items of
the Capitol Collection Trust and, whenever necessary, equipment or
other property of the Board.
BOILER REPLACEMENT PAYMENTS
Of the foregoing appropriation item 874601, Underground
Parking Garage Operations, $100,000 in each fiscal year shall be
used to meet all payments at the time they are required to be made
during the period from July 1, 2011, through June 30, 2013, to the
Ohio Building Authority for bond service charges relating to
appropriation item C87416, Statehouse Boiler Replacement.
UNDERGROUND PARKING GARAGE FUND
Notwithstanding division (G) of section 105.41 of the Revised
Code and any other provision to the contrary, moneys in the
Underground Parking Garage Fund (Fund 2080) may be used for
personnel and operating costs related to the operations of the
Statehouse and the Statehouse Underground Parking Garage.
Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND
SCHOOLS
General Services Fund Group
4K90 |
233601 |
|
Operating Expenses |
|
$ |
558,658 |
|
$ |
579,328 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
558,658 |
|
$ |
579,328 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
558,658 |
|
$ |
579,328 |
|
|
Section 235.10. CAC CASINO CONTROL COMMISSION
State Special Revenue Fund Group
5HS0 |
955321 |
|
Casino Control - Operating |
|
$ |
8,263,312 |
|
$ |
13,121,283 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
8,263,312 |
|
$ |
13,121,283 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
8,263,312 |
|
$ |
13,121,283 |
|
|
Section 237.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD
General Services Fund Group
4K90 |
930609 |
|
Operating Expenses |
|
$ |
433,734 |
|
$ |
417,827 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
433,734 |
|
$ |
417,827 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
433,734 |
|
$ |
417,827 |
|
|
Section 239.10. CHR STATE CHIROPRACTIC BOARD
General Services Fund Group
4K90 |
878609 |
|
Operating Expenses |
|
$ |
592,916 |
|
$ |
584,925 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
592,916 |
|
$ |
584,925 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
592,916 |
|
$ |
584,925 |
|
|
Section 241.10. CIV OHIO CIVIL RIGHTS COMMISSION
GRF |
876321 |
|
Operating Expenses |
|
$ |
4,554,382 |
|
$ |
4,554,382 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
4,554,382 |
|
$ |
4,554,382 |
|
|
General Services Fund Group
2170 |
876604 |
|
Operations Support |
|
$ |
8,000 |
|
$ |
8,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
8,000 |
|
$ |
8,000 |
|
|
Federal Special Revenue Fund Group
3340 |
876601 |
|
Federal Programs |
|
$ |
2,762,000 |
|
$ |
2,762,000 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
2,762,000 |
|
$ |
2,762,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
7,324,382 |
|
$ |
7,324,382 |
|
|
Section 243.10. COM DEPARTMENT OF COMMERCE
General Services Fund Group
1630 |
800620 |
|
Division of Administration |
|
$ |
7,305,337 |
|
$ |
7,328,301 |
|
|
1630 |
800637 |
|
Information Technology |
|
$ |
5,999,892 |
|
$ |
6,011,977 |
|
|
5430 |
800602 |
|
Unclaimed Funds-Operating |
|
$ |
7,836,107 |
|
$ |
7,841,473 |
|
|
5430 |
800625 |
|
Unclaimed Funds-Claims |
|
$ |
69,700,000 |
|
$ |
69,800,000 |
|
|
5F10 |
800635 |
|
Small Government Fire Departments |
|
$ |
300,000 |
|
$ |
300,000 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
91,141,336 |
|
$ |
91,281,751 |
|
|
Federal Special Revenue Fund Group
3480 |
800622 |
|
Underground Storage Tanks |
|
$ |
1,129,518 |
|
$ |
1,129,518 |
|
|
3480 |
800624 |
|
Leaking Underground Storage Tanks |
|
$ |
1,556,211 |
|
$ |
1,556,211 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
2,685,729 |
|
$ |
2,685,729 |
|
|
State Special Revenue Fund Group
4B20 |
800631 |
|
Real Estate Appraisal Recovery |
|
$ |
35,000 |
|
$ |
35,000 |
|
|
4H90 |
800608 |
|
Cemeteries |
|
$ |
268,067 |
|
$ |
268,293 |
|
|
4X20 |
800619 |
|
Financial Institutions |
|
$ |
2,186,271 |
|
$ |
1,990,693 |
|
|
5440 |
800612 |
|
Banks |
|
$ |
7,242,364 |
|
$ |
6,942,336 |
|
|
5450 |
800613 |
|
Savings Institutions |
|
$ |
2,257,220 |
|
$ |
2,259,536 |
|
|
5460 |
800610 |
|
Fire Marshal |
|
$ |
16,523,862 |
|
$ |
15,501,562 |
|
|
5460 |
800639 |
|
Fire Department Grants |
|
$ |
1,698,802 |
|
$ |
1,698,802 |
|
|
5470 |
800603 |
|
Real Estate Education/Research |
|
$ |
125,000 |
|
$ |
125,000 |
|
|
5480 |
800611 |
|
Real Estate Recovery |
|
$ |
25,000 |
|
$ |
25,000 |
|
|
5490 |
800614 |
|
Real Estate |
|
$ |
3,413,708 |
|
$ |
3,332,308 |
|
|
5500 |
800617 |
|
Securities |
|
$ |
4,312,434 |
|
$ |
4,314,613 |
|
|
5520 |
800604 |
|
Credit Union |
|
$ |
3,450,390 |
|
$ |
3,450,390 |
|
|
5530 |
800607 |
|
Consumer Finance |
|
$ |
3,613,016 |
|
$ |
3,516,861 |
|
|
5560 |
800615 |
|
Industrial Compliance |
|
$ |
27,639,372 |
|
$ |
27,664,695 |
|
|
5FW0 |
800616 |
|
Financial Literacy Education |
|
$ |
240,000 |
|
$ |
240,000 |
|
|
5GK0 |
800609 |
|
Securities Investor Education/Enforcement |
|
$ |
1,135,000 |
|
$ |
485,000 |
|
|
5HV0 |
800641 |
|
Cigarette Enforcement |
|
$ |
120,000 |
|
$ |
120,000 |
|
|
5X60 |
800623 |
|
Video Service |
|
$ |
340,299 |
|
$ |
340,630 |
|
|
6530 |
800629 |
|
UST Registration/Permit Fee |
|
$ |
1,854,675 |
|
$ |
1,509,653 |
|
|
6A40 |
800630 |
|
Real Estate Appraiser-Operating |
|
$ |
699,565 |
|
$ |
648,890 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
77,180,045 |
|
$ |
74,469,262 |
|
|
Liquor Control Fund Group
7043 |
800601 |
|
Merchandising |
|
$ |
472,209,274 |
|
$ |
0 |
|
|
7043 |
800627 |
|
Liquor Control Operating |
|
$ |
13,398,274 |
|
$ |
10,110,479 |
|
|
7043 |
800633 |
|
Development Assistance Debt Service |
|
$ |
51,973,200 |
|
$ |
0 |
|
|
7043 |
800636 |
|
Revitalization Debt Service |
|
$ |
21,129,800 |
|
$ |
0 |
|
|
TOTAL LCF Liquor Control
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
558,710,548 |
|
$ |
10,110,479 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
729,717,658 |
|
|
178,547,221 |
|
|
SMALL GOVERNMENT FIRE DEPARTMENTS
Notwithstanding section 3737.17 of the Revised Code, the
foregoing appropriation item 800635, Small Government Fire
Departments, may be used to provide loans to private fire
departments.
The foregoing appropriation item 800625, Unclaimed
Funds-Claims, shall be used to pay claims under section 169.08 of
the Revised Code. If it is determined that additional amounts are
necessary, the amounts are appropriated.
UNCLAIMED FUNDS TRANSFERS
Notwithstanding division (A) of section 169.05 of the Revised
Code, on or after June 1, 2012, the Director of Budget and
Management shall request the Director of Commerce to transfer to
the General Revenue Fund up to $115,000,000 of unclaimed funds
that have been reported by holders of unclaimed funds under
section 169.05 of the Revised Code, irrespective of the allocation
of the unclaimed funds under that section. After such request has
been made, the Director of Commerce shall transfer the funds prior
to June 30, 2012.
Notwithstanding division (A) of section 169.05 of the Revised
Code, on or after June 1, 2013, the Director of Budget and
Management shall request the Director of Commerce to transfer to
the General Revenue Fund up to $100,000,000 of unclaimed funds
that have been reported by holders of unclaimed funds under
section 169.05 of the Revised Code, irrespective of the allocation
of the unclaimed funds under that section. After such request has
been made, the Director of Commerce shall transfer the funds prior
to June 30, 2013.
Of the foregoing appropriation item 800639, Fire Department
Grants, up to $1,647,140 in each fiscal year shall be used to make
annual grants to volunteer fire departments, fire departments that
serve one or more small municipalities or small townships, joint
fire districts comprised of fire departments that primarily serve
small municipalities or small townships, local units of government
responsible for such fire departments, and local units of
government responsible for the provision of fire protection
services for small municipalities or small townships.
The grants shall be used by recipients to purchase
firefighting or rescue equipment or gear or similar items, to
provide full or partial reimbursement for the documented costs of
firefighter training, or, at the discretion of the State Fire
Marshal, to cover fire department costs for providing fire
protection services in that grant recipient's jurisdiction.
Grant awards for firefighting or rescue equipment or gear or
for fire department costs of providing fire protection services
shall be up to $15,000 per fiscal year, or up to $25,000 per
fiscal year if an eligible entity serves a jurisdiction in which
the Governor declared a natural disaster during the preceding or
current fiscal year in which the grant was awarded. In addition to
any grant funds awarded for rescue equipment or gear, or for fire
department costs associated with the provision of fire protection
services, an eligible entity may receive a grant for up to $15,000
per fiscal year for full or partial reimbursement of the
documented costs of firefighter training. For each fiscal year,
the State Fire Marshal shall determine the total amounts to be
allocated for each eligible purpose.
The grant program shall be administered by the State Fire
Marshal in accordance with rules the State Fire Marshal adopts as
part of the state fire code adopted pursuant to section 3737.82 of
the Revised Code that are necessary for the administration and
operation of the grant program. The rules may further define the
entities eligible to receive grants and establish criteria for the
awarding and expenditure of grant funds, including methods the
State Fire Marshal may use to verify the proper use of grant funds
or to obtain reimbursement for or the return of equipment for
improperly used grant funds. Any amounts in appropriation item
800639, Fire Department Grants, in excess of the amount allocated
for these grants may be used for the administration of the grant
program.
CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR
EDUCATION AND ENFORCEMENT EXPENSE FUND
The Director of Budget and Management, upon the request of
the Director of Commerce, shall transfer up to $485,000 in cash in
each fiscal year from the Division of Securities Fund (Fund 5500)
to the Division of Securities Investor Education and Enforcement
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised
Code.
CASH TRANSFER TO VIDEO SERVICE AUTHORIZATION FUND
The Director of Budget and Management, upon the request of
the Director of Commerce, shall transfer up to $340,000 in cash in
each fiscal year from the Division of Administration Fund (Fund
1630) to the Video Service Authorization Fund (Fund 5X60).
INCREASED APPROPRIATION - MERCHANDISING
The foregoing appropriation item 800601, Merchandising, shall
be used under section 4301.12 of the Revised Code. If it is
determined that additional expenditures are necessary, the amounts
are hereby appropriated.
DEVELOPMENT ASSISTANCE DEBT SERVICE
The foregoing appropriation item 800633, Development
Assistance Debt Service, shall be used to pay debt service and
related financing costs at the times they are required to be made
during the period from July 1, 2011, to June 30, 2012, for bond
service charges on obligations issued under Chapter 166. of the
Revised Code. If it is determined that additional appropriations
are necessary for this purpose, such amounts are appropriated,
subject to the limitations set forth in section 166.11 of the
Revised Code. An appropriation for this purpose is not required,
but is made in this form and in this act for record purposes only.
REVITALIZATION DEBT SERVICE
The foregoing appropriation item 800636, Revitalization Debt
Service, shall be used to pay debt service and related financing
costs at the times they are required to be made pursuant to
sections 151.01 and 151.40 of the Revised Code during the period
from July 1, 2011, to June 30, 2012. If it is determined that
additional appropriations are necessary for this purpose, such
amounts are hereby appropriated. The General Assembly acknowledges
the priority of the pledge of a portion of receipts from that
source to obligations issued and to be issued under Chapter 166.
of the Revised Code.
LIQUOR CONTROL FUND TRANSFER
On January 1, 2012, or as soon as possible thereafter, the
Director of Budget and Management may transfer up to $5,600,000 in
cash from the General Revenue Fund to the Liquor Control Fund
(Fund 7043) for the operations of the Liquor Control Commission
and the Department of Public Safety pursuant to Chapter 4301. of
the Revised Code.
On July 1, 2012, or as soon as possible thereafter, the
Director of Budget and Management may transfer up to $11,400,000
in cash from the General Revenue Fund to the Liquor Control Fund
(Fund 7043) for the operations of the Liquor Control Commission
and the Department of Public Safety pursuant to Chapter 4301. of
the Revised Code.
ADMINISTRATIVE ASSESSMENTS
Notwithstanding any other provision of law to the contrary,
the Division of Administration Fund (Fund 1630) is entitled to
receive assessments from all operating funds of the Department in
accordance with procedures prescribed by the Director of Commerce
and approved by the Director of Budget and Management.
Section 245.10. OCC OFFICE OF CONSUMERS' COUNSEL
General Services Fund Group
5F50 |
053601 |
|
Operating Expenses |
|
$ |
4,141,093 |
|
$ |
4,142,070 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
4,141,093 |
|
$ |
4,142,070 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
4,141,093 |
|
$ |
4,142,070 |
|
|
Section 247.10. CEB CONTROLLING BOARD
GRF |
911401 |
|
Emergency Purposes/Contingencies |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
|
|
GRF |
911441 |
|
Ballot Advertising Costs |
|
$ |
475,000 |
|
$ |
475,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
10,475,000 |
|
$ |
10,475,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
10,475,000 |
|
$ |
10,475,000 |
|
|
DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM
The Controlling Board may, at the request of any state agency
or the Director of Budget and Management, transfer all or part of
the appropriation in appropriation item 911401, Emergency
Purposes/Contingencies, for the purpose of providing disaster and
emergency situation aid to state agencies and political
subdivisions in the event of disasters and emergency situations or
for the other purposes noted in this section, including, but not
limited to, costs related to the disturbance that occurred on
April 11, 1993, at the Southern Ohio Correctional Facility in
Lucasville, Ohio.
In transferring appropriations to or from appropriation items
that have federal shares identified in this act, the Controlling
Board shall add or subtract corresponding amounts of federal
matching funds at the percentages indicated by the state and
federal division of the appropriations in this act. Such changes
are hereby appropriated.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from
appropriation item 911401, Emergency Purposes/Contingencies, to
appropriation items used by the Department of Public Safety to
provide funding for assistance to political subdivisions and
individuals made necessary by natural disasters or emergencies.
Such transfers may be requested and approved prior to or following
the occurrence of any specific natural disasters or emergencies in
order to facilitate the provision of timely assistance.
Pursuant to requests submitted by the Department of Public
Safety, the Controlling Board may approve transfers from the
Disaster Services Fund (5E20) to a fund and appropriation item
used by the Department of Public Safety to provide for assistance
to political subdivisions made necessary by natural disasters or
emergencies. These transfers may be requested and approved prior
to the occurrence of any specific natural disasters or emergencies
in order to facilitate the provision of timely assistance. The
Emergency Management Agency of the Department of Public Safety
shall use the funding to fund the State Disaster Relief Program
for disasters that have been declared by the Governor, and the
State Individual Assistance Program for disasters that have been
declared by the Governor and the federal Small Business
Administration. The Ohio Emergency Management Agency shall publish
and make available application packets outlining procedures for
the State Disaster Relief Program and the State Individual
Assistance Program.
Fund 5E20 shall be used by the Controlling Board, pursuant to
requests submitted by state agencies, to transfer cash and
appropriations to any fund and appropriation item for the payment
of state agency disaster relief program expenses for disasters
declared by the Governor, if the Director of Budget and Management
determines that sufficient funds exist.
SOUTHERN OHIO CORRECTIONAL FACILITY COST
The Division of Criminal Justice Services in the Department
of Public Safety and the Public Defender Commission may each
request, upon approval of the Director of Budget and Management,
additional funds from appropriation item 911401, Emergency
Purposes/Contingencies, for costs related to the disturbance that
occurred on April 11, 1993, at the Southern Ohio Correctional
Facility in Lucasville, Ohio.
Pursuant to section 3501.17 of the Revised Code, and upon
requests submitted by the Secretary of State, the Controlling
Board shall approve transfers from the foregoing appropriation
item 911441, Ballot Advertising Costs, to appropriation item
050621, Statewide Ballot Advertising, in order to pay for the cost
of public notices associated with statewide ballot initiatives.
CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS
ELIGIBILITY
A state agency director shall request that the Controlling
Board increase the amount of the agency's capital appropriations
if the director determines such an increase is necessary for the
agency to receive and use funds under the federal American
Recovery and Reinvestment Act of 2009. The Controlling Board may
increase the capital appropriations pursuant to the request up to
the exact amount necessary under the federal act if the Board
determines it is necessary for the agency to receive and use those
federal funds.
Section 249.10. COS STATE BOARD OF COSMETOLOGY
General Services Fund Group
4K90 |
879609 |
|
Operating Expenses |
|
$ |
3,439,545 |
|
$ |
3,364,030 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
3,439,545 |
|
$ |
3,364,030 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
3,439,545 |
|
$ |
3,364,030 |
|
|
Section 251.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE
AND FAMILY THERAPIST BOARD
General Services Fund Group
4K90 |
899609 |
|
Operating Expenses |
|
$ |
1,204,235 |
|
$ |
1,234,756 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
1,204,235 |
|
$ |
1,234,756 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,204,235 |
|
$ |
1,234,756 |
|
|
Section 253.10. CLA COURT OF CLAIMS
GRF |
015321 |
|
Operating Expenses |
|
$ |
2,573,508 |
|
$ |
2,501,052 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
2,573,508 |
|
$ |
2,501,052 |
|
|
State Special Revenue Fund Group
5K20 |
015603 |
|
CLA Victims of Crime |
|
$ |
1,582,684 |
|
$ |
1,582,684 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
1,582,684 |
|
$ |
1,582,684 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
4,156,192 |
|
$ |
4,083,736 |
|
|
Section 255.10. AFC OHIO CULTURAL FACILITIES COMMISSION
GRF |
371321 |
|
Operating Expenses |
|
$ |
98,636 |
|
$ |
98,636 |
|
|
GRF |
371401 |
|
Lease Rental Payments |
|
$ |
27,804,900 |
|
$ |
28,465,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
27,903,536 |
|
$ |
28,563,636 |
|
|
State Special Revenue Fund Group
4T80 |
371601 |
|
Riffe Theatre Equipment Maintenance |
|
$ |
80,891 |
|
$ |
80,891 |
|
|
4T80 |
371603 |
|
Project Administration Services |
|
$ |
1,200,000 |
|
$ |
1,200,000 |
|
|
TOTAL SSR State Special Revenue Group
| |
$ |
1,280,891 |
|
$ |
1,280,891 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
29,184,427 |
|
$ |
29,844,527 |
|
|
The foregoing appropriation item 371401, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2011 through
June 30, 2013, from the Ohio Cultural Facilities Commission under
the primary leases and agreements for those arts and sports
facilities made under Chapters 152. and 154. of the Revised Code.
These appropriations are the source of funds pledged for bond
service charges on related obligations issued under Chapters 152.
and 154. of the Revised Code.
The foregoing appropriation item 371321, Operating Expenses,
shall be used by the Ohio Cultural Facilities Commission to carry
out its responsibilities under this section and Chapter 3383. of
the Revised Code.
The foregoing appropriation item 371603, Project
Administration Services, shall be used by the Ohio Cultural
Facilities Commission in administering Cultural and Sports
Facilities Building Fund (Fund 7030) projects pursuant to Chapter
3383. of the Revised Code.
By the tenth day following each calendar quarter in each
fiscal year, or as soon as possible thereafter, the Director of
Budget and Management shall determine the amount of cash from
interest earnings to be transferred from the Cultural and Sports
Facilities Building Fund (Fund 7030) to the Cultural Facilities
Commission Administration Fund (Fund 4T80).
As soon as possible after each bond issuance made on behalf
of the Cultural Facilities Commission, the Director of Budget and
Management shall determine the amount of cash from any premium
paid on each issuance that is available to be transferred, after
all issuance costs have been paid, from the Cultural and Sports
Facilities Building Fund (Fund 7030) to the Cultural Facilities
Commission Administration Fund (Fund 4T80).
CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS
The Executive Director of the Cultural Facilities Commission
shall certify to the Director of Budget and Management the amount
of cash receipts and related investment income, irrevocable
letters of credit from a bank, or certification of the
availability of funds that have been received from a county or a
municipal corporation for deposit into the Capital Donations Fund
(Fund 5A10) and that are related to an anticipated project. These
amounts are hereby appropriated to appropriation item C37146,
Capital Donations. Prior to certifying these amounts to the
Director, the Executive Director shall make a written agreement
with the participating entity on the necessary cash flows required
for the anticipated construction or equipment acquisition project.
Section 257.10. DEN STATE DENTAL BOARD
General Services Fund Group
4K90 |
880609 |
|
Operating Expenses |
|
$ |
1,574,715 |
|
$ |
1,545,684 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
1,574,715 |
|
$ |
1,545,684 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,574,715 |
|
$ |
1,545,684 |
|
|
Section 259.10. BDP BOARD OF DEPOSIT
General Services Fund Group
4M20 |
974601 |
|
Board of Deposit |
|
$ |
1,876,000 |
|
$ |
1,876,000 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
1,876,000 |
|
$ |
1,876,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,876,000 |
|
$ |
1,876,000 |
|
|
BOARD OF DEPOSIT EXPENSE FUND
Upon receiving certification of expenses from the Treasurer
of State, the Director of Budget and Management shall transfer
cash from the Investment Earnings Redistribution Fund (Fund 6080)
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund
shall be used pursuant to section 135.02 of the Revised Code to
pay for any and all necessary expenses of the Board of Deposit or
for banking charges and fees required for the operation of the
State of Ohio Regular Account.
Section 261.10. DEV DEPARTMENT OF DEVELOPMENT
GRF |
195401 |
|
Thomas Edison Program |
|
$ |
13,820,354 |
|
$ |
0 |
|
|
GRF |
195402 |
|
Coal Development Office |
|
$ |
260,983 |
|
$ |
261,205 |
|
|
GRF |
195404 |
|
Small Business Development |
|
$ |
1,565,770 |
|
$ |
0 |
|
|
GRF |
195405 |
|
Minority Business Enterprise Division |
|
$ |
1,118,528 |
|
$ |
0 |
|
|
GRF |
195407 |
|
Travel and Tourism |
|
$ |
4,000,000 |
|
$ |
0 |
|
|
GRF |
195412 |
|
Rapid Outreach Grants |
|
$ |
9,000,000 |
|
$ |
0 |
|
|
GRF |
195415 |
|
Strategic Business Investment Division and Regional Offices |
|
$ |
4,500,000 |
|
$ |
0 |
|
|
GRF |
195416 |
|
Governor's Office of Appalachia |
|
$ |
3,700,000 |
|
$ |
0 |
|
|
GRF |
195422 |
|
Technology Action |
|
$ |
547,341 |
|
$ |
0 |
|
|
GRF |
195426 |
|
Clean Ohio Implementation |
|
$ |
468,365 |
|
$ |
0 |
|
|
GRF |
195432 |
|
Global Markets |
|
$ |
3,500,000 |
|
$ |
0 |
|
|
GRF |
195434 |
|
Industrial Training Grants |
|
$ |
10,000,000 |
|
$ |
0 |
|
|
GRF |
195497 |
|
CDBG Operating Match |
|
$ |
1,015,000 |
|
$ |
0 |
|
|
GRF |
195501 |
|
Appalachian Local Development Districts |
|
$ |
391,482 |
|
$ |
0 |
|
|
GRF |
195502 |
|
Appalachian Regional Commission Dues |
|
$ |
195,000 |
|
$ |
0 |
|
|
GRF |
195528 |
|
Economic Development Projects |
|
$ |
0 |
|
$ |
29,230,000 |
|
|
GRF |
195901 |
|
Coal Research & Development General Obligation Debt Service |
|
$ |
7,861,100 |
|
$ |
5,577,700 |
|
|
GRF |
195905 |
|
Third Frontier Research & Development General Obligation Debt Service |
|
$ |
29,323,300 |
|
$ |
63,640,300 |
|
|
GRF |
195912 |
|
Job Ready Site Development General Obligation Debt Service |
|
$ |
9,859,200 |
|
$ |
15,680,500 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
101,126,423 |
|
$ |
114,389,705 |
|
|
General Services Fund Group
1350 |
195684 |
|
Supportive Services |
|
$ |
13,312,881 |
|
$ |
12,326,381 |
|
|
4W10 |
195646 |
|
Minority Business Enterprise Loan |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
|
|
5AD0 |
195633 |
|
Legacy Projects |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
|
|
5AD0 |
195677 |
|
Economic Development Contingency |
|
$ |
10,000,000 |
|
$ |
0 |
|
|
5W50 |
195690 |
|
Travel and Tourism Cooperative Projects |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
6850 |
195636 |
|
Direct Cost Recovery Expenditures |
|
$ |
900,000 |
|
$ |
900,000 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
41,812,881 |
|
$ |
30,826,381 |
|
|
Federal Special Revenue Fund Group
3080 |
195602 |
|
Appalachian Regional Commission |
|
$ |
475,000 |
|
$ |
475,000 |
|
|
3080 |
195603 |
|
Housing and Urban Development |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
|
|
3080 |
195605 |
|
Federal Projects |
|
$ |
85,028,606 |
|
$ |
85,470,106 |
|
|
3080 |
195609 |
|
Small Business Administration |
|
$ |
6,438,143 |
|
$ |
5,511,381 |
|
|
3080 |
195618 |
|
Energy Federal Grants |
|
$ |
38,000,000 |
|
$ |
3,400,000 |
|
|
3350 |
195610 |
|
Energy Conservation and Emerging Technology |
|
$ |
1,100,000 |
|
$ |
1,100,000 |
|
|
3AE0 |
195643 |
|
Workforce Development Initiatives |
|
$ |
16,300,000 |
|
$ |
16,300,000 |
|
|
3DB0 |
195642 |
|
Federal Stimulus - Energy Efficiency & Conservation Block Grants |
|
$ |
3,000,000 |
|
$ |
42,485 |
|
|
3EG0 |
195608 |
|
Federal Energy Training |
|
$ |
5,000,000 |
|
$ |
1,344,056 |
|
|
3K80 |
195613 |
|
Community Development Block Grant |
|
$ |
76,795,818 |
|
$ |
65,210,000 |
|
|
3K90 |
195611 |
|
Home Energy Assistance Block Grant |
|
$ |
115,743,608 |
|
$ |
115,743,608 |
|
|
3K90 |
195614 |
|
HEAP Weatherization |
|
$ |
22,000,000 |
|
$ |
22,000,000 |
|
|
3L00 |
195612 |
|
Community Services Block Grant |
|
$ |
27,240,217 |
|
$ |
27,240,217 |
|
|
3V10 |
195601 |
|
HOME Program |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
443,121,392 |
|
$ |
389,836,853 |
|
|
State Special Revenue Fund Group
4500 |
195624 |
|
Minority Business Bonding Program Administration |
|
$ |
160,110 |
|
$ |
159,069 |
|
|
4510 |
195625 |
|
Economic Development Financing Operating |
|
$ |
3,400,000 |
|
$ |
3,400,000 |
|
|
4F20 |
195639 |
|
State Special Projects |
|
$ |
180,437 |
|
$ |
180,436 |
|
|
4F20 |
195676 |
|
Marketing Initiatives |
|
$ |
5,000,000 |
|
$ |
0 |
|
|
4F20 |
195699 |
|
Utility Provided Funds |
|
$ |
500,000 |
|
$ |
500,000 |
|
|
4S00 |
195630 |
|
Tax Incentive Programs |
|
$ |
650,800 |
|
$ |
650,800 |
|
|
5HJ0 |
195604 |
|
Motion Picture Tax Credit Program |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
5HR0 |
195526 |
|
Ohio Workforce Job Training |
|
$ |
20,000,000 |
|
$ |
30,000,000 |
|
|
5JR0 |
195656 |
|
New Market Tax Credit Program |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
5KD0 |
195621 |
|
Brownfield Stormwater Loan |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
5M40 |
195659 |
|
Low Income Energy Assistance |
|
$ |
245,000,000 |
|
$ |
245,000,000 |
|
|
5M50 |
195660 |
|
Advanced Energy Programs |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
|
|
5W60 |
195691 |
|
International Trade Cooperative Projects |
|
$ |
160,000 |
|
$ |
160,000 |
|
|
6170 |
195654 |
|
Volume Cap Administration |
|
$ |
94,397 |
|
$ |
92,768 |
|
|
6460 |
195638 |
|
Low- and Moderate- Income Housing Trust Fund |
|
$ |
53,000,000 |
|
$ |
53,000,000 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
336,295,744 |
|
$ |
341,293,073 |
|
|
Facilities Establishment Fund Group
5S90 |
195628 |
|
Capital Access Loan Program |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
|
|
7009 |
195664 |
|
Innovation Ohio |
|
$ |
15,000,000 |
|
$ |
15,000,000 |
|
|
7010 |
195665 |
|
Research and Development |
|
$ |
22,000,000 |
|
$ |
22,000,000 |
|
|
7037 |
195615 |
|
Facilities Establishment |
|
$ |
65,000,000 |
|
$ |
65,000,000 |
|
|
TOTAL 037 Facilities
| |
|
|
|
|
|
|
|
Establishment Fund Group
| |
$ |
104,000,000 |
|
$ |
104,000,000 |
|
|
Clean Ohio Revitalization Fund
7003 |
195663 |
|
Clean Ohio Operating |
|
$ |
950,000 |
|
$ |
950,000 |
|
|
TOTAL 7003 Clean Ohio Revitalization Fund
| |
$ |
950,000 |
|
$ |
950,000 |
|
|
Third Frontier Research & Development Fund Group
7011 |
195686 |
|
Third Frontier Operating |
|
$ |
1,149,750 |
|
$ |
1,149,750 |
|
|
7011 |
195687 |
|
Third Frontier Research & Development Projects |
|
$ |
183,850,250 |
|
$ |
133,850,250 |
|
|
7014 |
195620 |
|
Third Frontier Operating - Tax |
|
$ |
1,700,000 |
|
$ |
1,700,000 |
|
|
7014 |
195692 |
|
Research & Development Taxable Bond Projects |
|
$ |
38,300,000 |
|
$ |
38,300,000 |
|
|
TOTAL 011 Third Frontier Research & Development Fund Group
| |
$ |
225,000,000 |
|
$ |
175,000,000 |
|
|
Job Ready Site Development Fund Group
7012 |
195688 |
|
Job Ready Site Operating |
|
$ |
800,000 |
|
$ |
800,000 |
|
|
TOTAL 012 Job Ready Site Development Fund Group
| |
$ |
800,000 |
|
$ |
800,000 |
|
|
Tobacco Master Settlement Agreement Fund Group
M087 |
195435 |
|
Biomedical Research and Technology Transfer |
|
$ |
1,999,224 |
|
$ |
1,999,224 |
|
|
TOTAL TSF Tobacco Master Settlement Agreement Fund Group
| |
$ |
1,999,224 |
|
$ |
1,999,224 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,255,105,664 |
|
$ |
1,159,095,236 |
|
|
Section 261.10.10. THOMAS EDISON PROGRAM
The foregoing appropriation item 195401, Thomas Edison
Program, shall be used for the purposes of sections 122.28 to
122.38 of the Revised Code. Of the foregoing appropriation item
195401, Thomas Edison Program, not more than ten per cent in each
fiscal year shall be used for operating expenditures in
administering the programs of the Technology and Innovation
Division.
Section 261.10.20. SMALL BUSINESS DEVELOPMENT
The foregoing appropriation item 195404, Small Business
Development, shall be used as matching funds for grants from the
United States Small Business Administration and other federal
agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub.
L. No. 98-395 (1984), and regulations and policy guidelines for
the programs pursuant thereto. This appropriation item also may be
used to provide grants to local organizations to support the
operation of small business development centers and other local
economic development activities that promote small business
development and entrepreneurship.
Section 261.10.30. RAPID OUTREACH GRANTS
Appropriation item 195412, Rapid Outreach Grants, shall be
used as an incentive for attracting, expanding, and retaining
business opportunities for the state in accordance with Chapter
166. of the Revised Code. Of the amount appropriated, no more than
five per cent in each fiscal year shall be used for administrative
costs of the Rapid Outreach Program.
The department shall award funds directly to business
entities considering Ohio for their expansion or new site location
opportunities. Rapid Outreach grants shall be used by recipients
to purchase equipment, make infrastructure improvements, make real
property improvements, or fund other fixed assets. To meet the
particular needs of economic development in a region, the
department may elect to award funds directly to a political
subdivision to assist with making on- or off-site infrastructure
improvements to water and sewage treatment facilities, electric or
gas service connections, fiber optic access, rail facilities, site
preparation, and parking facilities. The Director of Development
may recommend that the funds be used for alternative purposes when
considered appropriate to satisfy an economic development
opportunity or need deemed extraordinary in nature by the Director
including, but not limited to, construction, rehabilitation, and
acquisition projects for rail freight assistance as requested by
the Department of Transportation. The Director of Transportation
shall submit the proposed projects to the Director of Development
for an evaluation of potential economic benefit.
Moneys awarded directly to business entities from the
foregoing appropriation item 195412, Rapid Outreach Grants, may be
expended only after the submission of a request to the Controlling
Board by the Department of Development outlining the planned use
of the funds, and the subsequent approval of the request by the
Controlling Board.
Section 261.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND
REGIONAL OFFICES
The foregoing appropriation item 195415, Strategic Business
Investment Division and Regional Offices, shall be used for the
operating expenses of the Strategic Business Investment Division
and the regional economic development offices and for grants for
cooperative economic development ventures.
Section 261.10.50. GOVERNOR'S OFFICE OF APPALACHIA
The foregoing appropriation item 195416, Governor's Office of
Appalachia, may be used for the administrative costs of planning
and liaison activities for the Governor's Office of Appalachia, to
provide financial assistance to projects in Ohio's Appalachian
counties, and to match federal funds from the Appalachian Regional
Commission.
Section 261.10.60. TECHNOLOGY ACTION
The foregoing appropriation item 195422, Technology Action,
shall be used for operating expenses the Department of Development
incurs for administering sections 184.10 to 184.20 of the Revised
Code. If the appropriation is insufficient to cover the operating
expenses, the Department may request Controlling Board approval to
appropriate the additional amount needed in appropriation item
195686, Third Frontier Operating. The Department shall not request
an amount in excess of the amount needed.
Section 261.10.70. CLEAN OHIO IMPLEMENTATION
The foregoing appropriation item 195426, Clean Ohio
Implementation, shall be used to fund the costs of administering
the Clean Ohio Revitalization program and other urban
revitalization programs that may be implemented by the Department
of Development.
Section 261.10.80. GLOBAL MARKETS
The foregoing appropriation item 195432, Global Markets,
shall be used to administer Ohio's foreign trade and investment
programs, including operation and maintenance of Ohio's
out-of-state trade and investment offices. This appropriation item
also shall be used to fund the Global Markets Division and to
assist Ohio manufacturers, agricultural producers, and service
providers in exporting to foreign countries and to assist in the
attraction of foreign direct investment.
Of the foregoing appropriation item 195432, Global Markets,
$100,000 in fiscal year 2012 shall be used to support the Negev
Foundation as part of the Ohio-Israel Initiative.
Section 261.10.90. OHIO WORKFORCE GUARANTEE PROGRAM
The foregoing appropriation item 195434, Industrial Training
Grants, may be used for the Ohio Workforce Guarantee Program to
promote training through grants to businesses and, in the case of
a business consortium, training and education providers for the
reimbursement of eligible training expenses.
Section 261.20.10. ECONOMIC DEVELOPMENT PROJECTS
The foregoing appropriation item 195528, Economic Development
Projects, may be used for the purposes of Chapter 122. of the
Revised Code. This appropriation item is made in anticipation of
the evaluation of all powers, functions, and duties of the
Department of Development by the Director of Development, as
prescribed in Section 187.05 of the Revised Code. It is the intent
of the General Assembly that the appropriations in the
appropriation item be reallocated upon completion of the
evaluation.
Of the foregoing appropriation item 195528, Economic
Development Projects, $100,000 in fiscal year 2013 shall be used
to support the Negev Foundation as part of the Ohio-Israel
Initiative.
Section 261.20.20. OHIO FILM OFFICE
The Ohio Film Office shall promote media productions in the
state and help the industry optimize its production experience in
the state by enhancing local economies through increased
employment and tax revenues and ensuring an accurate portrayal of
Ohio. The Office shall serve as an informational clearinghouse and
provide technical assistance to the media production industry and
business entities engaged in media production in the state. The
Office shall promote Ohio as the ideal site for media production
and help those in the industry benefit from their experience in
the state.
The primary objective of the Office shall be to encourage
development of a strong capital base for electronic media
production in order to achieve an independent, self-supporting
industry in Ohio. Other objectives shall include:
(A) Attracting private investment for the electronic media
production industry;
(B) Developing a tax infrastructure that encourages private
investment; and
(C) Encouraging increased employment opportunities within
this sector and increased competition with other states.
Section 261.20.30. COAL RESEARCH AND DEVELOPMENT GENERAL
OBLIGATION DEBT SERVICE
The foregoing appropriation line item 195901, Coal Research
and Development General Obligation Debt Service, shall be used to
pay all debt service and related financing costs during the period
July 1, 2011, through June 30, 2013 for obligations issued under
sections 151.01 and 151.07 of the Revised Code.
THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT
SERVICE
The foregoing appropriation item 195905, Third Frontier
Research & Development General Obligation Debt Service, shall be
used to pay all debt service and related financing costs during
the period from July 1, 2011, through June 30, 2013, on
obligations issued for research and development purposes under
sections 151.01 and 151.10 of the Revised Code.
JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 195912, Job Ready Site
Development General Obligation Debt Service, shall be used to pay
all debt service and related financing costs during the period
from July 1, 2011, through June 30, 2013, on obligations issued
for job ready site development purposes under sections 151.01 and
151.11 of the Revised Code.
Section 261.20.40. SUPPORTIVE SERVICES
The Director of Development may assess divisions of the
department for the cost of central service operations. An
assessment shall contain the characteristics of administrative
ease and uniform application. A division's payments shall be
credited to the Supportive Services Fund (Fund 1350) using an
intrastate transfer voucher.
ECONOMIC DEVELOPMENT CONTINGENCY
The foregoing appropriation item 195677, Economic Development
Contingency, may be used to award funds directly to either (1)
business entities considering Ohio for expansion or new site
location opportunities or (2) political subdivisions to assist
with necessary costs involved in attracting a business entity. In
addition, the Director of Development may award funds for
alternative purposes when appropriate to satisfy an economic
development opportunity or need deemed extraordinary in nature by
the Director.
DIRECT COST RECOVERY EXPENDITURES
The foregoing appropriation item 195636, Direct Cost Recovery
Expenditures, shall be used for reimbursable costs. Revenues to
the General Reimbursement Fund (Fund 6850) shall consist of moneys
charged for administrative costs that are not central service
costs.
Section 261.20.50. HEAP WEATHERIZATION
Up to fifteen per cent of the federal funds deposited to the
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90)
may be expended from appropriation item 195614, HEAP
Weatherization, to provide home weatherization services in the
state as determined by the Director of Development. Any transfers
or increases in appropriation for the foregoing appropriation
items 195614, HEAP Weatherization, or 195611, Home Energy
Assistance Block Grant, shall be subject to approval by the
Controlling Board.
Section 261.20.60. STATE SPECIAL PROJECTS
The State Special Projects Fund (Fund 4F20), may be used for
the deposit of private-sector funds from utility companies and for
the deposit of other miscellaneous state funds. State moneys so
deposited shall be used to match federal housing grants for the
homeless and to market economic development opportunities in the
state. Private-sector moneys shall be deposited for use in
appropriation item 195699, Utility Provided Funds, and shall be
used to (1) pay the expenses of verifying the income-eligibility
of HEAP applicants, (2) leverage additional federal funds, (3)
fund special projects to assist homeless individuals, (4) fund
special projects to assist with the energy efficiency of
households eligible to participate in the Percentage of Income
Payment Plan, and (5) assist with training programs for agencies
that administer low-income customer assistance programs.
Section 261.20.70. TAX INCENTIVE PROGRAMS OPERATING
The foregoing appropriation item 195630, Tax Incentive
Programs, shall be used for the operating costs of the Office of
Grants and Tax Incentives.
Section 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN
All repayments from the Minority Development Financing
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee
Program shall be deposited in the State Treasury to the credit of
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating
costs of administering the Minority Business Enterprise Loan Fund
may be paid from the Minority Business Enterprise Loan Fund (Fund
4W10).
MINORITY BUSINESS BONDING FUND
Notwithstanding Chapters 122., 169., and 175. of the Revised
Code, the Director of Development may, upon the recommendation of
the Minority Development Financing Advisory Board, pledge up to
$10,000,000 in the fiscal year 2012-fiscal year 2013 biennium of
unclaimed funds administered by the Director of Commerce and
allocated to the Minority Business Bonding Program under section
169.05 of the Revised Code. The transfer of any cash by the
Director of Budget and Management from the Department of
Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of
Development's Minority Business Bonding Fund (Fund 4490) shall
occur, if requested by the Director of Development, only if such
funds are needed for payment of losses arising from the Minority
Business Bonding Program, and only after proceeds of the initial
transfer of $2,700,000 by the Controlling Board to the Minority
Business Bonding Program has been used for that purpose. Moneys
transferred by the Director of Budget and Management from the
Department of Commerce for this purpose may be moneys in custodial
funds held by the Treasurer of State. If expenditures are required
for payment of losses arising from the Minority Business Bonding
Program, such expenditures shall be made from appropriation item
195623, Minority Business Bonding Contingency in the Minority
Business Bonding Fund, and such amounts are hereby appropriated.
Section 261.20.90. OHIO INCUMBENT WORKFORCE TRAINING VOUCHERS
(A) On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer up to $20,000,000
from the Economic Development Programs Fund (Fund 5JC0) used by
the Board of Regents to the Ohio Incumbent Workforce Job Training
Fund (Fund 5HR0) used by the Department of Development.
On July 1, 2012, or as soon as possible thereafter, the
Director of Budget and Management shall transfer up to $30,000,000
from the Economic Development Programs Fund (Fund 5JC0) used by
the Board of Regents to the Ohio Incumbent Workforce Job Training
Fund (Fund 5HR0) used by the Department of Development.
(B) Of the foregoing appropriation item 195526, Ohio
Workforce Job Training, up to $20,000,000 in fiscal year 2012 and
up to $30,000,000 in fiscal year 2013 shall be used to support the
Ohio Incumbent Workforce Training Voucher Program. The Director of
Development and the Chief Investment Officer of JobsOhio may enter
into an agreement to operate the program pursuant to the contract
between the Department of Development and JobsOhio under section
187.04 of the Revised Code. The agreement may include a provision
for granting, loaning, or transferring funds from appropriation
item 195526, Ohio Incumbent Workforce Job Training, to JobsOhio to
provide training for incumbent workers.
(C) Any agreement between the Director and the Chief
Investment Officer under division (B) of this section shall
include guidelines for the operation of the program, including,
but not limited to, the following:
(1) A requirement that a training voucher under the program
shall not exceed $6,000 per worker per year;
(2) A provision for an employer of an eligible employee to
apply for a voucher on behalf of the eligible employee;
(3) A provision for an eligible employee to apply directly
for a training voucher with the pre-approval of the employee's
employer; and
(4) A requirement that an employee participating in the
program, or the employee's employer, shall pay for not less than
thirty-three per cent of the training costs under the program.
Section 261.30.10. ADVANCED ENERGY FUND
The foregoing appropriation item 195660, Advanced Energy
Programs, shall be used to provide financial assistance to
customers for eligible advanced energy projects for residential,
commercial, and industrial business, local government, educational
institution, nonprofit, and agriculture customers, and to pay for
the program's administrative costs as provided in sections 4928.61
to 4928.63 of the Revised Code and rules adopted by the Director
of Development.
VOLUME CAP ADMINISTRATION
The foregoing appropriation item 195654, Volume Cap
Administration, shall be used for expenses related to the
administration of the Volume Cap Program. Revenues received by the
Volume Cap Administration Fund (Fund 6170) shall consist of
application fees, forfeited deposits, and interest earned from the
custodial account held by the Treasurer of State.
Section 261.30.20. INNOVATION OHIO LOAN FUND
The foregoing appropriation item 195664, Innovation Ohio,
shall be used to provide for innovation Ohio purposes, including
loan guarantees and loans under Chapter 166. and particularly
sections 166.12 to 166.16 of the Revised Code.
The foregoing appropriation item 195665, Research and
Development, shall be used to provide for research and development
purposes, including loans, under Chapter 166. and particularly
sections 166.17 to 166.21 of the Revised Code.
LOGISTICS AND DISTRIBUTION INFRASTRUCTURE
Appropriation item 195698, Logistics and Distribution
Infrastructure, shall be used for eligible logistics and
distribution infrastructure projects as defined in section 166.01
of the Revised Code. Any unexpended and unencumbered portion of
the appropriation item at the end of fiscal year 2011 is hereby
reappropriated for the same purpose in fiscal year 2012, and any
unexpended and unencumbered portion of the appropriation item at
the end of fiscal year 2012 is hereby reappropriated for the same
purpose in fiscal year 2013.
After all encumbrances have been paid, the Director of Budget
and Management shall transfer the remaining cash balance in the
Logistics and Distribution Infrastructure Fund (Fund 7008) to the
Facilities Establishment Fund (Fund 7037).
FACILITIES ESTABLISHMENT FUND
The foregoing appropriation item 195615, Facilities
Establishment (Fund 7037), shall be used for the purposes of the
Facilities Establishment Fund under Chapter 166. of the Revised
Code.
Notwithstanding Chapter 166. of the Revised Code, an amount
not to exceed $1,000,000 in cash in fiscal year 2012 may be
transferred from the Facilities Establishment Fund (Fund 7037) to
the Economic Development Financing Operating Fund (Fund 4510). The
transfer is subject to Controlling Board approval under division
(B) of section 166.03 of the Revised Code.
Notwithstanding Chapter 166. of the Revised Code, the
Director of Budget and Management may transfer an amount not to
exceed $2,500,000 in cash in each fiscal year from the Facilities
Establishment Fund (Fund 7037) to the Minority Business Enterprise
Loan Fund (Fund 4W10).
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the unexpended
and unencumbered cash balance in the Urban Development Loans Fund
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the unexpended
and unencumbered cash balance in the Rural Industrial Park Loan
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).
CAPITAL ACCESS LOAN PROGRAM
The foregoing appropriation item 195628, Capital Access Loan
Program, shall be used for operating, program, and administrative
expenses of the program. Funds of the Capital Access Loan Program
shall be used to assist participating financial institutions in
making program loans to eligible businesses that face barriers in
accessing working capital and obtaining fixed-asset financing.
Section 261.30.30. CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 195663, Clean Ohio
Operating, shall be used by the Department of Development in
administering Clean Ohio Revitalization Fund (Fund 7003) projects
pursuant to sections 122.65 to 122.658 of the Revised Code.
Section 261.30.40. THIRD FRONTIER OPERATING
The foregoing appropriation items 195686, Third Frontier
Operating, and 195620, Third Frontier Operating - Tax, shall be
used for operating expenses incurred by the Department of
Development in administering projects pursuant to sections 184.10
to 184.20 of the Revised Code. Operating expenses paid from item
195686 shall be limited to the administration of projects funded
from the Third Frontier Research & Development Fund (Fund 7011)
and operating expenses paid from item 195620 shall be limited to
the administration of projects funded from the Third Frontier
Research & Development Taxable Bond Project Fund (Fund 7014).
Section 261.30.50. THIRD FRONTIER RESEARCH AND DEVELOPMENT
PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS
The foregoing appropriation items 195687, Third Frontier
Research & Development Projects, 195692, Research & Development
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax,
shall be used by the Department of Development to fund selected
projects. Eligible costs are those costs of research and
development projects to which the proceeds of the Third Frontier
Research & Development Fund (Fund 7011) and the Research &
Development Taxable Bond Project Fund (Fund 7014) are to be
applied.
TRANSFERS OF THIRD FRONTIER APPROPRIATIONS
The Director of Budget and Management may approve written
requests from the Director of Development for the transfer of
appropriations between appropriation items 195687, Third Frontier
Research & Development Projects, and 195692, Research &
Development Taxable Bond Projects, based upon awards recommended
by the Third Frontier Commission. The transfers are subject to
approval by the Controlling Board.
On or before June 30, 2012, any unexpended and unencumbered
portions of the foregoing appropriation items 195687, Third
Frontier Research & Development Projects, and 195692, Research &
Development Taxable Bond Projects, for fiscal year 2012 are hereby
reappropriated to the Department of Development for the same
purposes for fiscal year 2013.
AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS
The Ohio Public Facilities Commission, upon request of the
Department of Development, is hereby authorized to issue and sell,
in accordance with Section 2p of Article VIII, Ohio Constitution,
and particularly sections 151.01 and 151.10 of the Revised Code,
original obligations of the State of Ohio in an aggregate amount
not to exceed $400,000,000 in addition to the original issuance of
obligations authorized by prior acts of the General Assembly. The
authorized obligations shall be issued and sold from time to time
and in amounts necessary to ensure sufficient moneys to the credit
of the Third Frontier Research and Development Fund (Fund 7011) to
pay costs of research and development projects.
Section 261.30.60. JOB READY SITE OPERATING
The foregoing appropriation item 195688, Job Ready Site
Operating, shall be used for operating expenses incurred by the
Department of Development in administering Job Ready Site
Development Fund (Fund 7012) projects pursuant to sections 122.085
to 122.0820 of the Revised Code. Operating expenses include, but
are not limited to, certain qualified expenses of the District
Public Works Integrating Committees, as applicable, engineering
review of submitted applications by the State Architect or a third
party engineering firm, audit and accountability activities, and
costs associated with formal certifications verifying that site
infrastructure is in place and is functional.
Section 261.30.70. OHIO COAL DEVELOPMENT OFFICE
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer any unexpended
and unencumbered portion of appropriation item 898604, Coal
Research and Development Fund, used by the Ohio Air Quality
Development Authority, to a new capital appropriation item in the
Department of Development, to be determined by the Director. The
Director also shall cancel all outstanding encumbrances against
appropriation item 898604, Coal Research and Development Fund, and
reestablish them against the foregoing new capital appropriation
item. The amounts of the transfer and the reestablished
encumbrances, plus $2,283,264, are hereby appropriated for fiscal
year 2012 in the foregoing new appropriation item and shall be
used to provide funding for coal research and development
purposes.
Section 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND
COMMERCIALIZATION SUPPORT
The General Assembly and the Governor recognize the role that
the biomedical industry has in job creation, innovation, and
economic development throughout Ohio. It is the intent of the
General Assembly, the Governor, the Director of Development, and
the Director of Budget and Management to work together in
continuing to provide comprehensive state support for the
biomedical industry.
Section 261.30.90. UNCLAIMED FUNDS TRANSFER
(A) Notwithstanding division (A) of section 169.05 of the
Revised Code, upon the request of the Director of Budget and
Management, the Director of Commerce, before June 30, 2012, shall
transfer to the Job Development Initiatives Fund (Fund 5AD0) an
amount not to exceed $25,000,000 in cash of the unclaimed funds
that have been reported by the holders of unclaimed funds under
section 169.05 of the Revised Code, regardless of the allocation
of the unclaimed funds described under that section.
Notwithstanding division (A) of section 169.05 of the Revised
Code, upon the request of the Director of Budget and Management,
the Director of Commerce, before June 30, 2013, shall transfer to
the Job Development Initiatives Fund (Fund 5AD0) an amount not to
exceed $15,000,000 in cash of the unclaimed funds that have been
reported by the holders of unclaimed funds under section 169.05 of
the Revised Code, regardless of the allocation of the unclaimed
funds described under that section.
(B) Notwithstanding division (A) of section 169.05 of the
Revised Code, upon the request of the Director of Budget and
Management, the Director of Commerce, before June 30, 2012, shall
transfer to the State Special Projects Fund (Fund 4F20) an amount
not to exceed $5,000,000 in cash of the unclaimed funds that have
been reported by the holders of unclaimed funds under section
169.05 of the Revised Code, regardless of the allocation of the
unclaimed funds described under that section.
Section 261.40.10. WORKFORCE DEVELOPMENT
The Director of Development and the Director of Job and
Family Services may enter into one or more interagency agreements
between the two departments and take other actions the directors
consider appropriate to further integrate workforce development
into a larger economic development strategy, to implement the
recommendations of the Workforce Policy Board, and to complete
activities related to the transition of the administration of
employment programs identified by the board. Subject to the
approval of the Director of Budget and Management, the Department
of Development and the Department of Job and Family Services may
expend moneys to support the recommendations of the Workforce
Policy Board in the area of integration of employment functions as
described in this paragraph and to complete implementation and
transition activities from the appropriations to those
departments.
Section 263.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES
GRF |
320321 |
|
Central Administration |
|
$ |
4,422,794 |
|
$ |
4,422,794 |
|
|
GRF |
320412 |
|
Protective Services |
|
$ |
2,174,826 |
|
$ |
1,957,343 |
|
|
GRF |
320415 |
|
Lease-Rental Payments |
|
$ |
18,394,250 |
|
$ |
19,907,900 |
|
|
GRF |
322407 |
|
Medicaid State Match |
|
$ |
218,034,162 |
|
$ |
214,902,506 |
|
|
GRF |
322451 |
|
Family Support Services |
|
$ |
5,932,758 |
|
$ |
5,932,758 |
|
|
GRF |
322501 |
|
County Boards Subsidies |
|
$ |
40,906,365 |
|
$ |
44,449,280 |
|
|
GRF |
322503 |
|
Tax Equity |
|
$ |
14,000,000 |
|
$ |
14,000,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
303,865,155 |
|
$ |
305,572,581 |
|
|
General Services Fund Group
1520 |
323609 |
|
Developmental Center and Residential Operating Services |
|
$ |
3,414,317 |
|
$ |
3,414,317 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
3,414,317 |
|
$ |
3,414,317 |
|
|
Federal Special Revenue Fund Group
3A50 |
320613 |
|
DD Council |
|
$ |
3,341,572 |
|
$ |
3,341,572 |
|
|
3250 |
322612 |
|
Community Social Service Programs |
|
$ |
11,017,754 |
|
$ |
10,604,896 |
|
|
3DZ0 |
322648 |
|
Enhanced Medicaid - Federal |
|
$ |
10,000,000 |
|
$ |
0 |
|
|
3G60 |
322639 |
|
Medicaid Waiver - Federal |
|
$ |
866,566,007 |
|
$ |
985,566,007 |
|
|
3M70 |
322650 |
|
CAFS Medicaid |
|
$ |
29,349,502 |
|
$ |
29,349,502 |
|
|
3A40 |
323605 |
|
Developmental Center and Residential Facility Services and Support |
|
$ |
180,266,029 |
|
$ |
179,384,881 |
|
|
TOTAL FED Federal Special Revenue Fund Group
| |
$ |
1,100,540,864 |
|
$ |
1,208,246,858 |
|
|
State Special Revenue Fund Group
5GE0 |
320606 |
|
Operating and Services |
|
$ |
7,406,609 |
|
$ |
7,407,297 |
|
|
2210 |
322620 |
|
Supplement Service Trust |
|
$ |
150,000 |
|
$ |
150,000 |
|
|
4K80 |
322604 |
|
Medicaid Waiver - State Match |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
|
|
5CT0 |
322632 |
|
Intensive Behavioral Needs |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
5DJ0 |
322625 |
|
Targeted Case Management Match |
|
$ |
21,000,000 |
|
$ |
24,000,000 |
|
|
5DJ0 |
322626 |
|
Targeted Case Management Services |
|
$ |
57,307,357 |
|
$ |
66,000,000 |
|
|
5DK0 |
322629 |
|
Capital Replacement Facilities |
|
$ |
750,000 |
|
$ |
750,000 |
|
|
5EV0 |
322627 |
|
Program Fees |
|
$ |
685,000 |
|
$ |
685,000 |
|
|
5H00 |
322619 |
|
Medicaid Repayment |
|
$ |
160,000 |
|
$ |
160,000 |
|
|
5JX0 |
322651 |
|
Interagency Workgroup - Autism |
|
$ |
45,000 |
|
|
45,000 |
|
|
5Z10 |
322624 |
|
County Board Waiver Match |
|
$ |
235,000,000 |
|
$ |
290,000,000 |
|
|
4890 |
323632 |
|
Developmental Center Direct Care Support |
|
$ |
16,497,170 |
|
$ |
16,497,169 |
|
|
5S20 |
590622 |
|
Medicaid Administration & Oversight |
|
$ |
20,875,567 |
|
$ |
21,727,540 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
372,876,703 |
|
$ |
440,422,006 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,780,697,039 |
|
$ |
1,957,655,762 |
|
|
Section 263.10.10. LEASE-RENTAL PAYMENTS
The foregoing appropriation item 320415, Lease-Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2011, through
June 30, 2013, by the Department of Developmental Disabilities
under leases and agreements made under section 154.20 of the
Revised Code. These appropriations are the source of funds pledged
for bond service charges or obligations issued pursuant to Chapter
154. of the Revised Code.
Section 263.10.20. MEDICAID - STATE MATCH (GRF)
Except as otherwise provided in section 5123.0416 of the
Revised Code, the purposes for which the foregoing appropriation
item 322407, Medicaid State Match, shall be used include the
following:
(A) Home and community-based waiver services under Title XIX
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,
as amended.
(B) To pay the nonfederal share of the cost of one or more
new intermediate care facilities for the mentally retarded
certified beds, if the Director of Developmental Disabilities is
required by this act to transfer cash from funds used by the
Department to any fund used by the Department of Job and Family
Services to pay such nonfederal share.
(C) To implement the requirements of the agreement settling
the consent decree in Sermak v. Manuel, Case No. C-2-80-220,
United States District Court for the Southern District of Ohio,
Eastern Division.
(D) To implement the requirements of the agreement settling
the consent decree in the Martin v. Strickland, Case No.
89-CV-00362, United States District Court for the Southern
District of Ohio, Eastern Division.
(E) Developmental center and residential facilities services.
(F) Other programs as identified by the Director of
Developmental Disabilities.
Section 263.10.30. FAMILY SUPPORT SERVICES SUBSIDY
(A) The foregoing appropriation item 322451, Family Support
Services, may be used as follows in fiscal year 2012 and fiscal
year 2013:
(1) The appropriation item may be used to provide a subsidy
to county boards of developmental disabilities for family support
services provided under section 5126.11 of the Revised Code. The
subsidy shall be paid in quarterly installments and allocated to
county boards according to a formula the Director of Developmental
Disabilities shall develop in consultation with representatives of
county boards. A county board shall use not more than seven per
cent of its subsidy for administrative costs.
(2) The appropriation item may be used to distribute funds to
county boards for the purpose of addressing economic hardships and
to promote efficiency of operations. In consultation with
representatives of county boards, the Director shall determine the
amount of funds to distribute for these purposes and the criteria
for distributing the funds.
(B) Each county board shall submit reports to the Department
of Developmental Disabilities on the use of funds received under
this section. The reports shall be submitted at the times and in
the manner specified in rules the Director shall adopt in
accordance with Chapter 119. of the Revised Code.
Section 263.10.40. STATE SUBSIDY TO COUNTY DD BOARDS
(A) Except as otherwise provided in the section of this act
titled "Nonfederal Share of New ICF/MR Beds," the foregoing
appropriation item 322501, County Boards Subsidies, shall be used
for the following purposes:
(1) To provide a subsidy to county boards of developmental
disabilities in quarterly installments and allocated according to
a formula developed by the Director of Developmental Disabilities
in consultation with representatives of county boards. Except as
otherwise provided in section 5126.0511 of the Revised Code, or in
division (B) of this section, county boards shall use the subsidy
for early childhood services and adult services provided under
section 5126.05 of the Revised Code, service and support
administration provided under section 5126.15 of the Revised Code,
or supported living as defined in section 5126.01 of the Revised
Code.
(2) To provide funding, as determined necessary by the
Director of Developmental Disabilities, for residential services,
including room and board, and support service programs that enable
individuals with developmental disabilities to live in the
community.
(3) To distribute funds to county boards of developmental
disabilities to address economic hardships and promote efficiency
of operations. The Director shall determine, in consultation with
representatives of county boards, the amount of funds to
distribute for these purposes and the criteria for distributing
the funds.
(B) In collaboration with the county's family and children
first council, a county board of developmental disabilities may
transfer portions of funds received under this section, to a
flexible funding pool in accordance with the section titled FAMILY
AND CHILDREN FIRST FLEXIBLE FUNDING POOL.
Section 263.10.50. COUNTY BOARD SHARE OF WAIVER SERVICES
As used in this section, "home and community-based services"
has the same meaning as in section 5123.01 of the Revised Code.
The Director of Developmental Disabilities shall establish a
methodology to be used in fiscal year 2012 and fiscal year 2013 to
estimate the quarterly amount each county board of developmental
disabilities is to pay of the nonfederal share of home and
community-based services that section 5126.0510 of the Revised
Code requires county boards to pay. Each quarter, the Director
shall submit to a county board written notice of the amount the
county board is to pay for that quarter. The notice shall specify
when the payment is due.
Section 263.10.60. TAX EQUITY
Notwithstanding section 5126.18 of the Revised Code, the
foregoing appropriation item 322503, Tax Equity, may be used to
distribute funds to county boards of developmental disabilities to
address economic hardships and promote efficiency of operations.
The Director shall determine, in consultation with representatives
of county boards, the amount of funds to distribute for these
purposes and the criteria for distributing the funds.
Section 263.10.70. MEDICAID WAIVER - STATE MATCH
The foregoing appropriation item 322604, Medicaid Waiver -
State Match (Fund 4K80), shall be used as state matching funds for
home and community-based waivers.
Section 263.10.80. ICF/MR CONVERSION
(A) As used in this section, "home and community-based
services" has the same meaning as in section 5123.01 of the
Revised Code.
(B) For each quarter of the biennium, the Director of
Developmental Disabilities shall certify to the Director of Budget
and Management the estimated amount needed to fund the provision
of home and community-based services made available by the slots
sought under section 5111.877 of the Revised Code. On receipt of
certification, the Director of Budget and Management shall
transfer the estimated amount in cash from the General Revenue
Fund to the Home and Community-Based Services Fund (Fund 4K80),
used by the Department of Developmental Disabilities. Upon
completion of the transfer, appropriation item 600525, Health
Care/Medicaid, is hereby reduced by the amount transferred under
this section plus the corresponding federal share. The amount
transferred to Fund 4K80 is hereby appropriated to appropriation
item 322604, Medicaid Waiver – State Match.
(C) If receipts credited to the Medicaid Waiver Fund (Fund
3G60) exceed the amounts appropriated from the fund, the Director
of Developmental Disabilities may request the Director of Budget
and Management to authorize expenditures from the fund in excess
of the amounts appropriated. Upon the approval of the Director of
Budget and Management, the additional amounts are hereby
appropriated.
(D) If receipts credited to the Interagency Reimbursement
Fund (Fund 3G50) exceed the amounts appropriated from the fund,
the Director of Job and Family Services may request the Director
of Budget and Management to authorize expenditures from the fund
in excess of the amounts appropriated. Upon approval of the
Director of Budget and Management, the additional amounts are
hereby appropriated.
Section 263.10.90. TARGETED CASE MANAGEMENT SERVICES
County boards of developmental disabilities shall pay the
nonfederal portion of targeted case management costs to the
Department of Developmental Disabilities.
The Directors of Developmental Disabilities and Job and
Family Services may enter into an interagency agreement under
which the Department of Developmental Disabilities shall transfer
cash from the Targeted Case Management Fund (Fund 5DJ0) to the
Medicaid Program Support - State Fund (Fund 5C90) used by the
Department of Job and Family Services in an amount equal to the
nonfederal portion of the cost of targeted case management
services paid by county boards, and the Department of Job and
Family Services shall pay the total cost of targeted case
management claims. The transfer shall be made using an intrastate
transfer voucher.
Section 263.20.10. WITHHOLDING OF FUNDS OWED THE DEPARTMENT
If a county board of developmental disabilities does not
fully pay any amount owed to the Department of Developmental
Disabilities by the due date established by the Department, the
Director of Developmental Disabilities may withhold the amount the
county board did not pay from any amounts due to the county board.
The Director may use any appropriation item or fund used by the
Department to transfer cash to any other fund used by the
Department in an amount equal to the amount owed the Department
that the county board did not pay. Transfers under this section
shall be made using an intrastate transfer voucher.
Section 263.20.20. TRANSFER TO MEDICAID REPAYMENT FUND
On July 1, 2011, or as soon as possible thereafter, the
Director of Developmental Disabilities shall request that the
Director of Budget and Management transfer the cash balance in the
Purchase of Service Fund (Fund 4880) to the Medicaid Repayment
Fund (Fund 5H00). Upon completion of the transfer, Fund 4880 is
hereby abolished. The Director of Developmental Disabilities shall
cancel any existing encumbrances against appropriation item
322603, Provider Audit Refunds, and re-establish them against
appropriation item 322619, Medicaid Repayment. The re-established
encumbrances are hereby appropriated.
Section 263.20.30. DEVELOPMENTAL CENTER BILLING FOR SERVICES
Developmental centers of the Department of Developmental
Disabilities may provide services to persons with mental
retardation or developmental disabilities living in the community
or to providers of services to these persons. The Department may
develop a method for recovery of all costs associated with the
provisions of these services.
Section 263.20.40. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER
PHARMACY PROGRAMS
The Director of Developmental Disabilities shall quarterly
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the
Medicaid Program Support - State Fund (Fund 5C90) used by the
Department of Job and Family Services, in an amount equal to the
nonfederal share of Medicaid prescription drug claim costs for all
developmental centers paid by the Department of Job and Family
Services. The quarterly transfer shall be made using an intrastate
transfer voucher.
Section 263.20.50. NONFEDERAL MATCH FOR ACTIVE TREATMENT
SERVICES
Any county funds received by the Department of Developmental
Disabilities from county boards for active treatment shall be
deposited in the Developmental Disabilities Operating Fund (Fund
4890).
Section 263.20.60. NONFEDERAL SHARE OF NEW ICF/MR BEDS
(A) As used in this section, "intermediate care facility for
the mentally retarded" has the same meaning as in section 5111.20
of the Revised Code.
(B) If the Department of Developmental Disabilities is
required by section 5111.211 of the Revised Code to pay the
nonfederal share of claims submitted for services that are covered
by the Medicaid program and provided to an eligible Medicaid
recipient by an intermediate care facility for the mentally
retarded, the Director of Developmental Disabilities shall
transfer cash to the Department of Job and Family Services to pay
the nonfederal share of the claims. The transfer shall be made
using an intrastate transfer voucher. Except as otherwise provided
in section 5123.0416 of the Revised Code, the Director shall use
only the following appropriation items for the transfer:
(1) Appropriation item 322407, Medicaid State Match;
(2) Appropriation item 322501, County Boards Subsidies.
(C) If the intermediate care facility for the mentally
retarded is located in a county served by a county board of
developmental disabilities that initiates or supports the
facility's certification as an intermediate care facility for the
mentally retarded by the Director of Health, the cash that the
Director transfers under division (B) of this section shall be
moneys that the Director has allocated to the county board serving
the county in which the facility is located unless the amount of
the allocation is insufficient to pay the entire nonfederal share
of the claims submitted by the facility. If the allocation is
insufficient, the Director shall use as much of such moneys
allocated to other counties as is needed to make up the
difference.
Section 263.20.70. RATE INCREASE FOR WAIVER PROVIDERS
SERVING FORMER RESIDENTS OF DEVELOPMENTAL CENTERS
Subject to approval by the Centers for Medicare and Medicaid
Services, the Department of Job and Family Services shall increase
the rate paid to a provider under the Individual Options Waiver by
fifty-two cents for each fifteen minutes of routine
homemaker/personal care provided to an individual for up to a year
if all of the following apply:
(A) The individual was a resident of a developmental center
immediately prior to enrollment in the waiver;
(B) The provider begins serving the individual on or after
July 1, 2011;
(C) The Director of Developmental Disabilities determines
that the increased rate is warranted by the individual's special
circumstances, including the individual's diagnosis, service
needs, or length of stay at the developmental center, and that
serving the individual through the Individual Options Waiver is
fiscally prudent for the Medicaid program.
Section 265.10. OBD OHIO BOARD OF DIETETICS
General Services Fund Group
4K90 |
860609 |
|
Operating Expenses |
|
$ |
355,789 |
|
$ |
330,592 |
|
|
TOTAL GSF General Services Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
355,789 |
|
$ |
330,592 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
355,789 |
|
$ |
330,592 |
|
|
Section 267.10. EDU DEPARTMENT OF EDUCATION
GRF |
200100 |
|
Personal Services |
|
$ |
8,579,178 |
|
$ |
8,579,178 |
|
|
GRF |
200320 |
|
Maintenance and Equipment |
|
$ |
2,830,407 |
|
$ |
2,830,407 |
|
|
GRF |
200408 |
|
Early Childhood Education |
|
$ |
23,268,341 |
|
$ |
23,268,341 |
|
|
GRF |
200416 |
|
Career-Technical Education Match |
|
$ |
2,233,195 |
|
$ |
2,233,195 |
|
|
GRF |
200420 |
|
Computer/Application/ Network Development |
|
$ |
4,241,296 |
|
$ |
4,241,296 |
|
|
GRF |
200421 |
|
Alternative Education Programs |
|
$ |
7,403,998 |
|
$ |
7,403,998 |
|
|
GRF |
200422 |
|
School Management Assistance |
|
$ |
2,842,812 |
|
$ |
3,000,000 |
|
|
GRF |
200424 |
|
Policy Analysis |
|
$ |
328,558 |
|
$ |
328,558 |
|
|
GRF |
200425 |
|
Tech Prep Consortia Support |
|
$ |
260,542 |
|
$ |
260,542 |
|
|
GRF |
200426 |
|
Ohio Educational Computer Network |
|
$ |
17,974,489 |
|
$ |
17,974,489 |
|
|
GRF |
200427 |
|
Academic Standards |
|
$ |
4,346,060 |
|
$ |
3,700,000 |
|
|
GRF |
200437 |
|
Student Assessment |
|
$ |
55,002,167 |
|
$ |
55,002,167 |
|
|
GRF |
200439 |
|
Accountability/Report Cards |
|
$ |
3,579,279 |
|
$ |
3,579,279 |
|
|
GRF |
200442 |
|
Child Care Licensing |
|
$ |
827,140 |
|
$ |
827,140 |
|
|
GRF |
200446 |
|
Education Management Information System |
|
$ |
6,833,070 |
|
$ |
6,833,070 |
|
|
GRF |
200447 |
|
GED Testing |
|
$ |
879,551 |
|
$ |
879,551 |
|
|
GRF |
200448 |
|
Educator Preparation |
|
$ |
786,737 |
|
$ |
786,737 |
|
|
GRF |
200455 |
|
Community Schools and Choice Programs |
|
$ |
2,200,000 |
|
$ |
2,200,000 |
|
|
GRF |
200502 |
|
Pupil Transportation |
|
$ |
438,248,936 |
|
$ |
442,113,527 |
|
|
GRF |
200505 |
|
School Lunch Match |
|
$ |
9,100,000 |
|
$ |
9,100,000 |
|
|
GRF |
200511 |
|
Auxiliary Services |
|
$ |
117,547,099 |
|
$ |
119,250,305 |
|
|
GRF |
200532 |
|
Nonpublic Administrative Cost Reimbursement |
|
$ |
52,550,684 |
|
$ |
53,323,944 |
|
|
GRF |
200540 |
|
Special Education Enhancements |
|
$ |
135,820,668 |
|
$ |
135,820,668 |
|
|
GRF |
200545 |
|
Career-Technical Education Enhancements |
|
$ |
8,802,699 |
|
$ |
8,802,699 |
|
|
GRF |
200550 |
|
Foundation Funding |
|
$ |
5,470,788,773 |
|
$ |
5,560,484,181 |
|
|
GRF |
200901 |
|
Property Tax Allocation - Education |
|
$ |
1,086,500,000 |
|
$ |
1,095,000,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
7,463,775,679 |
|
$ |
7,567,823,272 |
|
|
General Services Fund Group
1380 |
200606 |
|
Computer Services-Operational Support |
|
$ |
7,600,090 |
|
$ |
7,600,090 |
|
|
4520 |
200638 |
|
Miscellaneous Educational Services |
|
$ |
300,000 |
|
$ |
300,000 |
|
|
4L20 |
200681 |
|
Teacher Certification and Licensure |
|
$ |
8,147,756 |
|
$ |
8,147,756 |
|
|
5960 |
200656 |
|
Ohio Career Information System |
|
$ |
529,761 |
|
$ |
529,761 |
|
|
5H30 |
200687 |
|
School District Solvency Assistance |
|
$ |
25,000,000 |
|
$ |
25,000,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
41,577,607 |
|
$ |
41,577,607 |
|
|
Federal Special Revenue Fund Group
3090 |
200601 |
|
Neglected and Delinquent Education |
|
$ |
2,168,642 |
|
$ |
2,168,642 |
|
|
3670 |
200607 |
|
School Food Services |
|
$ |
6,803,472 |
|
$ |
6,959,906 |
|
|
3690 |
200616 |
|
Career-Technical Education Federal Enhancement |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
|
|
3700 |
200624 |
|
Education of Exceptional Children |
|
$ |
1,905,000 |
|
$ |
0 |
|
|
3780 |
200660 |
|
Learn and Serve |
|
$ |
619,211 |
|
$ |
619,211 |
|
|
3AF0 |
200603 |
|
Schools Medicaid Administrative Claims |
|
$ |
639,000 |
|
$ |
639,000 |
|
|
3AN0 |
200671 |
|
School Improvement Grants |
|
$ |
20,400,000 |
|
$ |
20,400,000 |
|
|
3AX0 |
200698 |
|
Improving Health and Educational Outcomes of Young People |
|
$ |
630,954 |
|
$ |
630,954 |
|
|
3BK0 |
200628 |
|
Longitudinal Data Systems |
|
$ |
500,000 |
|
$ |
250,000 |
|
|
3C50 |
200661 |
|
Early Childhood Education |
|
$ |
14,554,749 |
|
$ |
14,554,749 |
|
|
3CG0 |
200646 |
|
Teacher Incentive Fund |
|
$ |
1,925,881 |
|
$ |
0 |
|
|
3D10 |
200664 |
|
Drug Free Schools |
|
$ |
1,500,000 |
|
$ |
0 |
|
|
3D20 |
200667 |
|
Math Science Partnerships |
|
$ |
9,500,001 |
|
$ |
9,500,001 |
|
|
3DG0 |
200630 |
|
Federal Stimulus - McKinney Vento Grants |
|
$ |
330,512 |
|
$ |
0 |
|
|
3DJ0 |
200699 |
|
IDEA Part B - Federal Stimulus |
|
$ |
21,886,803 |
|
$ |
0 |
|
|
3DK0 |
200642 |
|
Title 1A - Federal Stimulus |
|
$ |
18,633,673 |
|
$ |
0 |
|
|
3DL0 |
200650 |
|
IDEA Preschool - Federal Stimulus |
|
$ |
670,000 |
|
$ |
0 |
|
|
3DM0 |
200651 |
|
Title IID Technology - Federal Stimulus |
|
$ |
1,195,100 |
|
$ |
0 |
|
|
3DP0 |
200652 |
|
Title I School Improvement - Federal Stimulus |
|
$ |
48,500,000 |
|
$ |
30,000,000 |
|
|
3EC0 |
200653 |
|
Teacher Incentive - Federal Stimulus |
|
$ |
7,500,000 |
|
$ |
7,500,000 |
|
|
3EH0 |
200620 |
|
Migrant Education |
|
$ |
2,645,905 |
|
$ |
2,645,905 |
|
|
3EJ0 |
200622 |
|
Homeless Children Education |
|
$ |
1,759,782 |
|
$ |
1,759,782 |
|
|
3EN0 |
200655 |
|
State Data Systems - Federal Stimulus |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
|
|
3ES0 |
200657 |
|
General Supervisory Enhancement Grant |
|
$ |
500,000 |
|
$ |
500,000 |
|
|
3ET0 |
200658 |
|
Education Jobs Fund |
|
$ |
300,000,000 |
|
$ |
50,000,000 |
|
|
3FD0 |
200665 |
|
Race to the Top |
|
$ |
100,000,000 |
|
$ |
100,000,000 |
|
|
3FE0 |
200669 |
|
Striving Readers |
|
$ |
180,000 |
|
$ |
100,000 |
|
|
3H90 |
200605 |
|
Head Start Collaboration Project |
|
$ |
225,000 |
|
$ |
225,000 |
|
|
3L60 |
200617 |
|
Federal School Lunch |
|
$ |
327,516,539 |
|
$ |
337,323,792 |
|
|
3L70 |
200618 |
|
Federal School Breakfast |
|
$ |
87,596,850 |
|
$ |
90,224,756 |
|
|
3L80 |
200619 |
|
Child/Adult Food Programs |
|
$ |
100,850,833 |
|
$ |
103,876,359 |
|
|
3L90 |
200621 |
|
Career-Technical Education Basic Grant |
|
$ |
48,466,864 |
|
$ |
48,466,864 |
|
|
3M00 |
200623 |
|
ESEA Title 1A |
|
$ |
530,010,000 |
|
$ |
530,010,000 |
|
|
3M20 |
200680 |
|
Individuals with Disabilities Education Act |
|
$ |
443,170,050 |
|
$ |
443,170,050 |
|
|
3S20 |
200641 |
|
Education Technology |
|
$ |
9,487,397 |
|
$ |
9,487,397 |
|
|
3T40 |
200613 |
|
Public Charter Schools |
|
$ |
14,291,353 |
|
$ |
14,291,353 |
|
|
3Y20 |
200688 |
|
21st Century Community Learning Centers |
|
$ |
43,720,462 |
|
$ |
45,906,485 |
|
|
3Y60 |
200635 |
|
Improving Teacher Quality |
|
$ |
101,900,000 |
|
$ |
101,900,000 |
|
|
3Y70 |
200689 |
|
English Language Acquisition |
|
$ |
8,373,995 |
|
$ |
8,373,995 |
|
|
3Y80 |
200639 |
|
Rural and Low Income Technical Assistance |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
|
|
3Z20 |
200690 |
|
State Assessments |
|
$ |
11,882,258 |
|
$ |
11,882,258 |
|
|
3Z30 |
200645 |
|
Consolidated Federal Grant Administration |
|
$ |
8,949,280 |
|
$ |
8,949,280 |
|
|
TOTAL FED Federal Special
| |
|
|
|
|
|
|
|
Revenue Fund Group
| |
$ |
2,310,389,566 |
|
$ |
2,011,315,739 |
|
|
State Special Revenue Fund Group
4540 |
200610 |
|
Guidance and Testing |
|
$ |
1,050,000 |
|
$ |
1,050,000 |
|
|
4550 |
200608 |
|
Commodity Foods |
|
$ |
24,000,000 |
|
$ |
24,000,000 |
|
|
4R70 |
200695 |
|
Indirect Operational Support |
|
$ |
6,500,000 |
|
$ |
6,600,000 |
|
|
4V70 |
200633 |
|
Interagency Operational Support |
|
$ |
1,117,725 |
|
$ |
1,117,725 |
|
|
5980 |
200659 |
|
Auxiliary Services Reimbursement |
|
$ |
1,328,910 |
|
$ |
1,328,910 |
|
|
5BB0 |
200696 |
|
State Action for Education Leadership |
|
$ |
231,300 |
|
$ |
0 |
|
|
5BJ0 |
200626 |
|
Half-Mill Maintenance Equalization |
|
$ |
17,300,000 |
|
$ |
18,000,000 |
|
|
5KK0 |
200679 |
|
Community School Dropout Programs |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
5U20 |
200685 |
|
National Education Statistics |
|
$ |
300,000 |
|
$ |
300,000 |
|
|
6200 |
200615 |
|
Educational Improvement Grants |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
55,827,935 |
|
$ |
56,396,635 |
|
|
Lottery Profits Education Fund Group
7017 |
200612 |
|
Foundation Funding |
|
$ |
717,500,000 |
|
$ |
680,500,000 |
|
|
TOTAL LPE Lottery Profits
| |
|
|
|
|
|
|
|
Education Fund Group
| |
$ |
717,500,000 |
|
$ |
680,500,000 |
|
|
Revenue Distribution Fund Group
7047 |
200909 |
|
School District Property Tax Replacement-Business |
|
$ |
722,000,000 |
|
$ |
475,000,000 |
|
|
7053 |
200900 |
|
School District Property Tax Replacement-Utility |
|
$ |
34,000,000 |
|
$ |
30,000,000 |
|
|
TOTAL RDF Revenue Distribution
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
756,000,000 |
|
|
505,000,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
11,345,070,787 |
|
$ |
10,862,613,253 |
|
|
Section 267.10.10. EARLY CHILDHOOD EDUCATION
The Department of Education shall distribute the foregoing
appropriation item 200408, Early Childhood Education, to pay the
costs of early childhood education programs.
(A) As used in this section:
(1) "Provider" means a city, local, exempted village, or
joint vocational school district, or an educational service
center.
(2) In the case of a city, local, or exempted village school
district, "new eligible provider" means a district that did not
receive state funding for Early Childhood Education in the
previous fiscal year or demonstrates a need for early childhood
programs as defined in division (D) of this section.
(3) "Eligible child" means a child who is at least three
years of age as of the district entry date for kindergarten, is
not of the age to be eligible for kindergarten, and whose family
earns not more than two hundred per cent of the federal poverty
guidelines as defined in division (A)(3) of section 5101.46 of the
Revised Code. Children with an Individualized Education Program
and where the Early Childhood Education program is the least
restrictive environment may be enrolled on their third birthday.
(B) In each fiscal year, up to two per cent of the total
appropriation may be used by the Department for program support
and technical assistance. The Department shall distribute the
remainder of the appropriation in each fiscal year to serve
eligible children.
(C) The Department shall provide an annual report to the
Governor, the Speaker of the House of Representatives, and the
President of the Senate and post the report to the Department's
web site, regarding early childhood education programs operated
under this section and the early learning program guidelines.
(D) After setting aside the amounts to make payments due from
the previous fiscal year, in fiscal year 2012, the Department
shall distribute funds first to recipients of funds for early
childhood education programs under Section 265.10.20 of Am. Sub.
H.B. 1 of the 128th General Assembly in the previous fiscal year
and the balance to new eligible providers of early childhood
education programs under this section or to existing providers to
serve more eligible children or for purposes of program expansion,
improvement, or special projects to promote quality and
innovation.
After setting aside the amounts to make payments due from the
previous fiscal year, in fiscal year 2013, the Department shall
distribute funds first to providers of early childhood education
programs under this section in the previous fiscal year and the
balance to new eligible providers or to existing providers to
serve more eligible children or for purposes of program expansion,
improvement, or special projects to promote quality and
innovation.
Awards under this section shall be distributed on a per-pupil
basis, and in accordance with division (H) of this section. The
Department may adjust the per-pupil amount so that the per-pupil
amount multiplied by the number of eligible children enrolled and
receiving services on the first day of December or the business
day closest to that date equals the amount allocated under this
section.
(E) Costs for developing and administering an early childhood
education program may not exceed fifteen per cent of the total
approved costs of the program.
All providers shall maintain such fiscal control and
accounting procedures as may be necessary to ensure the
disbursement of, and accounting for, these funds. The control of
funds provided in this program, and title to property obtained,
shall be under the authority of the approved provider for purposes
provided in the program unless, as described in division (J) of
this section, the program waives its right for funding or a
program's funding is eliminated or reduced due to its inability to
meet financial or early learning program guidelines. The approved
provider shall administer and use such property and funds for the
purposes specified.
(F) The Department may examine a provider's financial and
program records. If the financial practices of the program are not
in accordance with standard accounting principles or do not meet
financial standards outlined under division (E) of this section,
or if the program fails to substantially meet the early learning
program guidelines or exhibits below average performance as
measured against the guidelines, the early childhood education
program shall propose and implement a corrective action plan that
has been approved by the Department. The approved corrective
action plan shall be signed by the chief executive officer and the
executive of the official governing body of the provider. The
corrective action plan shall include a schedule for monitoring by
the Department. Such monitoring may include monthly reports,
inspections, a timeline for correction of deficiencies, and
technical assistance to be provided by the Department or obtained
by the early childhood education program. The Department may
withhold funding pending corrective action. If an early childhood
education program fails to satisfactorily complete a corrective
action plan, the Department may deny expansion funding to the
program or withdraw all or part of the funding to the program and
establish a new eligible provider through a selection process
established by the Department.
(G) Each early childhood education program shall do all of
the following:
(1) Meet teacher qualification requirements prescribed by
section 3301.311 of the Revised Code;
(2) Align curriculum to the early learning content standards
developed by the Department;
(3) Meet any child or program assessment requirements
prescribed by the Department;
(4) Require teachers, except teachers enrolled and working to
obtain a degree pursuant to section 3301.311 of the Revised Code,
to attend a minimum of twenty hours every two years of
professional development as prescribed by the Department;
(5) Document and report child progress as prescribed by the
Department;
(6) Meet and report compliance with the early learning
program guidelines as prescribed by the Department.
(H) Per-pupil funding for programs subject to this section
shall be sufficient to provide eligible children with services for
a standard early childhood schedule which shall be defined in this
section as a minimum of twelve and one-half hours per school week
as defined in section 3313.62 of the Revised Code for the minimum
school year as defined in sections 3313.48, 3313.481, and 3313.482
of the Revised Code. Nothing in this section shall be construed to
prohibit program providers from utilizing other funds to serve
eligible children in programs that exceed the twelve and one-half
hours per week or that exceed the minimum school year. For any
provider for which a standard early childhood education schedule
creates a hardship or for which the provider shows evidence that
the provider is working in collaboration with a preschool special
education program, the provider may submit a waiver to the
Department requesting an alternate schedule. If the Department
approves a waiver for an alternate schedule that provides services
for less time than the standard early childhood education
schedule, the Department may reduce the provider's annual
allocation proportionately. Under no circumstances shall an annual
allocation be increased because of the approval of an alternate
schedule.
(I) Each provider shall develop a sliding fee scale based on
family incomes and shall charge families who earn more than two
hundred per cent of the federal poverty guidelines, as defined in
division (A)(3) of section 5101.46 of the Revised Code, for the
early childhood education program.
The Department shall conduct an annual survey of each
provider to determine whether the provider charges families
tuition or fees, the amount families are charged relative to
family income levels, and the number of families and students
charged tuition and fees for the early childhood program.
(J) If an early childhood education program voluntarily
waives its right for funding, or has its funding eliminated for
not meeting financial standards or the early learning program
guidelines, the provider shall transfer control of title to
property, equipment, and remaining supplies obtained through the
program to providers designated by the Department and return any
unexpended funds to the Department along with any reports
prescribed by the Department. The funding made available from a
program that waives its right for funding or has its funding
eliminated or reduced may be used by the Department for new grant
awards or expansion grants. The Department may award new grants or
expansion grants to eligible providers who apply. The eligible
providers who apply must do so in accordance with the selection
process established by the Department.
(K) As used in this section, "early learning program
guidelines" means the guidelines established by the Department
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B.
66 of the 126th General Assembly.
(L) Eligible expenditures for the Early Childhood Education
program shall be claimed each fiscal year to help meet the state's
TANF maintenance of effort requirement. The Superintendent of
Public Instruction and the Director of Job and Family Services
shall enter into an interagency agreement to carry out the
requirements under this division, which shall include developing
reporting guidelines for these expenditures.
Section 267.10.20. CAREER-TECHNICAL EDUCATION MATCH
The foregoing appropriation item 200416, Career-Technical
Education Match, shall be used by the Department of Education to
provide vocational administration matching funds under 20 U.S.C.
2311.
COMPUTER/APPLICATION/NETWORK DEVELOPMENT
The foregoing appropriation item 200420,
Computer/Application/Network Development, shall be used to support
the development and implementation of information technology
solutions designed to improve the performance and services of the
Department of Education. Funds may be used for personnel,
maintenance, and equipment costs related to the development and
implementation of these technical system projects. Implementation
of these systems shall allow the Department to provide greater
levels of assistance to school districts and to provide more
timely information to the public, including school districts,
administrators, and legislators. Funds may also be used to support
data-driven decision-making and differentiated instruction, as
well as to communicate academic content standards and curriculum
models to schools through web-based applications.
Section 267.10.30. ALTERNATIVE EDUCATION PROGRAMS
The foregoing appropriation item 200421, Alternative
Education Programs, shall be used for the renewal of successful
implementation grants and for competitive matching grants to
school districts for alternative educational programs for existing
and new at-risk and delinquent youth. Programs shall be focused on
youth in one or more of the following categories: those who have
been expelled or suspended, those who have dropped out of school
or who are at risk of dropping out of school, those who are
habitually truant or disruptive, or those on probation or on
parole from a Department of Youth Services facility. Grants shall
be awarded according to the criteria established by the
Alternative Education Advisory Council in 1999. Grants shall be
awarded only to programs in which the grant will not serve as the
program's primary source of funding. These grants shall be
administered by the Department of Education.
The Department of Education may waive compliance with any
minimum education standard established under section 3301.07 of
the Revised Code for any alternative school that receives a grant
under this section on the grounds that the waiver will enable the
program to more effectively educate students enrolled in the
alternative school.
Of the foregoing appropriation item 200421, Alternative
Education Programs, a portion may be used for program
administration, monitoring, technical assistance, support,
research, and evaluation.
Section 267.10.40. SCHOOL MANAGEMENT ASSISTANCE
Of the foregoing appropriation item 200422, School Management
Assistance, $1,000,000 in fiscal year 2012 and $1,300,000 in
fiscal year 2013 shall be used by the Auditor of State in
consultation with the Department of Education for expenses
incurred in the Auditor of State's role relating to fiscal
caution, fiscal watch, and fiscal emergency activities as defined
in Chapter 3316. of the Revised Code and may also be used by the
Auditor of State to conduct performance audits of other school
districts with priority given to districts in fiscal distress.
Districts in fiscal distress shall be determined by the Auditor of
State and shall include districts that the Auditor of State, in
consultation with the Department of Education, determines are
employing fiscal practices or experiencing budgetary conditions
that could produce a state of fiscal watch or fiscal emergency.
The remainder of appropriation item 200422, School Management
Assistance, shall be used by the Department of Education to
provide fiscal technical assistance and inservice education for
school district management personnel and to administer, monitor,
and implement the fiscal caution, fiscal watch, and fiscal
emergency provisions under Chapter 3316. of the Revised Code.
Section 267.10.50. POLICY ANALYSIS
The foregoing appropriation item 200424, Policy Analysis,
shall be used by the Department of Education to support a system
of administrative, statistical, and legislative education
information to be used for policy analysis. Staff supported by
this appropriation shall administer the development of reports,
analyses, and briefings to inform education policymakers of
current trends in education practice, efficient and effective use
of resources, and evaluation of programs to improve education
results. The database shall be kept current at all times. These
research efforts shall be used to supply information and analysis
of data to the General Assembly and other state policymakers,
including the Office of Budget and Management, the Governor's
Office of 21st Century Education, and the Legislative Service
Commission.
The Department of Education may use funding from this
appropriation item to purchase or contract for the development of
software systems or contract for policy studies that will assist
in the provision and analysis of policy-related information.
Funding from this appropriation item also may be used to monitor
and enhance quality assurance for research-based policy analysis
and program evaluation to enhance the effective use of education
information to inform education policymakers.
A portion of the foregoing appropriation item 200424, Policy
Analysis, may be used in conjunction with appropriation item
200439, Accountability/Report Cards, to support a fiscal reporting
dimension that shall contain fiscal data reported for the prior
fiscal year. The fiscal information contained therein shall be
updated and reported annually in a form and in a manner as
determined by the Department.
TECH PREP CONSORTIA SUPPORT
The foregoing appropriation item 200425, Tech Prep Consortia
Support, shall be used by the Department of Education to support
state-level activities designed to support, promote, and expand
tech prep programs. Use of these funds shall include, but not be
limited to, administration of grants, program evaluation,
professional development, curriculum development, assessment
development, program promotion, communications, and statewide
coordination of tech prep consortia.
Section 267.10.60. OHIO EDUCATIONAL COMPUTER NETWORK
The foregoing appropriation item 200426, Ohio Educational
Computer Network, shall be used by the Department of Education to
maintain a system of information technology throughout Ohio and to
provide technical assistance for such a system in support of the
P-16 State Education Technology Plan developed under section
3353.09 of the Revised Code.
Of the foregoing appropriation item 200426, Ohio Educational
Computer Network, up to $10,705,569 in each fiscal year shall be
used by the Department of Education to support connection of all
public school buildings and participating chartered nonpublic
schools to the state's education network, to each other, and to
the Internet. In each fiscal year the Department of Education
shall use these funds to assist information technology centers or
school districts with the operational costs associated with this
connectivity. The Department of Education shall develop a formula
and guidelines for the distribution of these funds to information
technology centers or individual school districts. As used in this
section, "public school building" means a school building of any
city, local, exempted village, or joint vocational school
district, any community school established under Chapter 3314. of
the Revised Code, any STEM school established under Chapter 3326.
of the Revised Code, any educational service center building used
for instructional purposes, the Ohio School for the Deaf and the
Ohio School for the Blind, high schools chartered by the Ohio
Department of Youth Services, or high schools operated by Ohio
Department of Rehabilitation and Corrections' Ohio Central School
System.
Of the foregoing appropriation item 200426, Ohio Educational
Computer Network, up to $1,440,000 in each fiscal year shall be
used for the Union Catalog and InfOhio Network and to support the
provision of electronic resources with priority given to resources
that support the teaching of state academic content standards in
all public schools. Consideration shall be given by the Department
of Education to coordinating the allocation of these moneys with
the efforts of Libraries Connect Ohio, whose members include
OhioLINK, the Ohio Public Information Network, and the State
Library of Ohio.
Of the foregoing appropriation item 200426, Ohio Educational
Computer Network, up to $5,220,000 in each fiscal year shall be
used, through a formula and guidelines devised by the Department,
to subsidize the activities of designated information technology
centers, as defined by State Board of Education rules, to provide
school districts and chartered nonpublic schools with
computer-based student and teacher instructional and
administrative information services, including approved
computerized financial accounting, and to ensure the effective
operation of local automated administrative and instructional
systems.
The remainder of appropriation item 200426, Ohio Educational
Computer Network, shall be used to support development,
maintenance, and operation of a network of uniform and compatible
computer-based information and instructional systems. This
technical assistance shall include, but not be restricted to,
development and maintenance of adequate computer software systems
to support network activities. In order to improve the efficiency
of network activities, the Department and information technology
centers may jointly purchase equipment, materials, and services
from funds provided under this appropriation for use by the
network and, when considered practical by the Department, may
utilize the services of appropriate state purchasing agencies.
Section 267.10.70. ACADEMIC STANDARDS
The foregoing appropriation item 200427, Academic Standards,
shall be used by the Department of Education to develop, revise,
and communicate to school districts academic content standards and
curriculum models.
Section 267.10.80. STUDENT ASSESSMENT
Of the foregoing appropriation item 200437, Student
Assessment, up to $95,000 in each fiscal year may be used to
support the assessments required under section 3301.0715 of the
Revised Code.
The remainder of appropriation item 200437, Student
Assessment, shall be used to develop, field test, print,
distribute, score, report results, and support other associated
costs for the tests required under sections 3301.0710, 3301.0711,
and 3301.0712 of the Revised Code and for similar purposes as
required by section 3301.27 of the Revised Code. If funds remain
in this appropriation after these purposes have been fulfilled,
the Department may use the remainder of the appropriation to
develop end-of-course exams.
DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT
ASSESSMENT
In fiscal year 2012 and fiscal year 2013, if the
Superintendent of Public Instruction determines that additional
funds are needed to fully fund the requirements of sections
3301.0710, 3301.0711, and 3301.27 of the Revised Code and this act
for assessments of student performance, the Superintendent of
Public Instruction may recommend the reallocation of unexpended
and unencumbered General Revenue Fund appropriations within the
Department of Education to appropriation item 200437, Student
Assessment, to the Director of Budget and Management. If the
Director of Budget and Management determines that such a
reallocation is required, the Director of Budget and Management
may transfer unexpended and unencumbered appropriations within the
Department of Education as necessary to appropriation item 200437,
Student Assessment. If these transferred appropriations are not
sufficient to fully fund the assessment requirements in fiscal
year 2012 or fiscal year 2013, the Superintendent of Public
Instruction may request that the Controlling Board transfer up to
$9,000,000 cash from the Lottery Profits Education Reserve Fund
(Fund 7018) to the General Revenue Fund. Upon approval of the
Controlling Board, the Director of Budget and Management shall
transfer the cash. These transferred funds are hereby appropriated
for the same purpose as appropriation item 200437, Student
Assessment.
Section 267.10.90. (A) Notwithstanding anything to the
contrary in section 3301.0710, 3301.0711, 3301.0715 or 3313.608 of
the Revised Code, the administration of the English language arts
assessments for elementary grades as a replacement for the
separate reading and writing assessments prescribed by sections
3301.0710 and 3301.0711 of the Revised Code, as those sections
were amended by Am. Sub. H.B. 1 of the 128th General Assembly,
shall not be required until a date prescribed by rule of the State
Board of Education. Until that date, the Department of Education
and school districts and schools shall continue to administer
separate reading assessments for elementary grades, as prescribed
by the versions of sections 3301.0710 and 3301.0711 of the Revised
Code that were in effect prior to the effective date of Section
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The
intent for delaying implementation of the replacement English
language arts assessment is to provide adequate time for the
complete development of the new assessment.
(B) Notwithstanding anything to the contrary in section
3301.0710 of the Revised Code, the State Board shall not prescribe
the three ranges of scores for the assessments prescribed by
division (A)(2) of section 3301.0710 of the Revised Code, as
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until
the Board adopts the rule required by division (A) of this
section. Until that date, the Board shall continue to prescribe
the five ranges of scores required by the version of section
3301.0710 of the Revised Code in effect prior to the effective
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General
Assembly, and the following apply:
(1) The range of scores designated by the State Board as a
proficient level of skill remains the passing score on the Ohio
Graduation Tests for purposes of sections 3313.61, 3313.611,
3313.612, and 3325.08 of the Revised Code;
(2) The range of scores designated as a limited level of
skill remains the standard for applying the third-grade reading
guarantee under division (A) of section 3313.608 of the Revised
Code;
(3) The range of scores designated by the State Board as a
proficient level of skill remains the standard for the summer
remediation requirement of division (B)(2) of section 3313.608 of
the Revised Code.
(C) This section is not subject to expiration after June 30,
2013, under Section 809.10 of this act.
Section 267.20.10. Notwithstanding anything to the contrary
in sections 3301.0710 and 3301.0711 of the Revised Code, in the
2011-2012 and 2012-2013 school years, the Department of Education
shall not furnish, and school districts and schools shall not
administer, the elementary writing and social studies achievement
assessments prescribed by section 3301.0710 of the Revised Code,
unless the Superintendent of Public Instruction determines the
Department has sufficient funds to pay the costs of furnishing and
scoring those assessments.
Section 267.20.20. ACCOUNTABILITY/REPORT CARDS
Of the foregoing appropriation item 200439,
Accountability/Report Cards, a portion in each fiscal year may be
used to train district and regional specialists and district
educators in the use of the value-added progress dimension and in
the use of data as it relates to improving student achievement.
This training may include teacher and administrator professional
development in the use of data to improve instruction and student
learning, and teacher and administrator training in understanding
teacher value-added reports and how they can be used as a
component in measuring teacher and administrator effectiveness. A
portion of this funding may be provided to a credible nonprofit
organization with expertise in value-added progress dimensions.
The remainder of appropriation item 200439,
Accountability/Report Cards, shall be used by the Department to
incorporate a statewide value-added progress dimension into
performance ratings for school districts and for the development
of an accountability system that includes the preparation and
distribution of school report cards and funding and expenditure
accountability reports under sections 3302.03 and 3302.031 of the
Revised Code.
The foregoing appropriation item 200442, Child Care
Licensing, shall be used by the Department of Education to license
and to inspect preschool and school-age child care programs under
sections 3301.52 to 3301.59 of the Revised Code.
Section 267.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM
The foregoing appropriation item 200446, Education Management
Information System, shall be used by the Department of Education
to improve the Education Management Information System (EMIS).
Of the foregoing appropriation item 200446, Education
Management Information System, up to $729,000 in each fiscal year
shall be distributed to designated information technology centers
for costs relating to processing, storing, and transferring data
for the effective operation of the EMIS. These costs may include,
but are not limited to, personnel, hardware, software development,
communications connectivity, professional development, and support
services, and to provide services to participate in the State
Education Technology Plan developed under section 3353.09 of the
Revised Code.
The remainder of appropriation item 200446, Education
Management Information System, shall be used to develop and
support a common core of data definitions and standards as adopted
by the Education Management Information System Advisory Board,
including the ongoing development and maintenance of the data
dictionary and data warehouse. In addition, such funds shall be
used to support the development and implementation of data
standards and the design, development, and implementation of a new
data exchange system.
Any provider of software meeting the standards approved by
the Education Management Information System Advisory Board shall
be designated as an approved vendor and may enter into contracts
with local school districts, community schools, STEMS schools,
information technology centers, or other educational entities for
the purpose of collecting and managing data required under Ohio's
education management information system (EMIS) laws. On an annual
basis, the Department of Education shall convene an advisory group
of school districts, community schools, and other
education-related entities to review the Education Management
Information System data definitions and data format standards. The
advisory group shall recommend changes and enhancements based upon
surveys of its members, education agencies in other states, and
current industry practices, to reflect best practices, align with
federal initiatives, and meet the needs of school districts.
School districts, STEMS schools, and community schools not
implementing a common and uniform set of data definitions and data
format standards for Education Management Information System
purposes shall have all EMIS funding withheld until they are in
compliance.
Section 267.20.40. GED TESTING
The foregoing appropriation item 200447, GED Testing, shall
be used to provide General Educational Development (GED) testing
under rules adopted by the State Board of Education.
Section 267.20.50. EDUCATOR PREPARATION
Of the foregoing appropriation item 200448, Educator
Preparation, up to $150,000 in each fiscal year may be used by the
Department of Education to monitor and support Ohio's State System
of Support in accordance with the "No Child Left Behind Act of
2011," 20 U.S.C. 6317.
The remainder of appropriation item 200448, Educator
Preparation, may be used by the Department to support the Educator
Standards Board under section 3319.61 of the Revised Code and
reforms under sections 3302.042, 3302.06 through 3302.068,
3302.12, 3302.20 through 3302.23, and 3319.58 of the Revised Code.
Section 267.20.60. COMMUNITY SCHOOLS AND CHOICE PROGRAMS
The foregoing appropriation item 200455, Community Schools
and Choice Programs, may be used by the Department of Education
for additional services and responsibilities under section 3314.11
of the Revised Code and for operation of the school choice
programs.
Of the foregoing appropriation item 200455, Community Schools
and Choice Programs, a portion in each fiscal year may be used by
the Department of Education for developing and conducting training
sessions for community schools and sponsors and prospective
sponsors of community schools as prescribed in division (A)(1) of
section 3314.015 of the Revised Code, and other schools
participating in school choice programs. In developing the
community school training sessions, the Department shall collect
and disseminate examples of best practices used by sponsors of
independent charter schools in Ohio and other states.
Section 267.20.70. PUPIL TRANSPORTATION
Of the foregoing appropriation item 200502, Pupil
Transportation, up to $838,930 in each fiscal year may be used by
the Department of Education for training prospective and
experienced school bus drivers in accordance with training
programs prescribed by the Department. Up to $60,469,220 in each
fiscal year may be used by the Department of Education for special
education transportation reimbursements to school districts and
county DD boards for transportation operating costs as provided in
division (J) of section 3317.024 of the Revised Code. Up to
$650,000 in each fiscal year may be used to partially reimburse
school districts for costs of providing transportation services to
nontraditional schools when those schools are open on a day the
traditional school district is not scheduled to open. Up to
$5,000,000 in each fiscal year may be used by the Department of
Education to reimburse school districts in accordance with rules
adopted by the state board of education for students transported
by means other than school bus service and whose transportation is
not funded under division (C) of section 3317.024 of the Revised
Code.
The remainder of appropriation item 200502, Pupil
Transportation, shall be used to distribute the amounts calculated
for formula aid under Section 267.30.50 of this act.
Section 267.20.80. SCHOOL LUNCH MATCH
The foregoing appropriation item 200505, School Lunch Match,
shall be used to provide matching funds to obtain federal funds
for the school lunch program.
Any remaining appropriation after providing matching funds
for the school lunch program may be used to partially reimburse
school buildings within school districts that are required to have
a school breakfast program under section 3313.813 of the Revised
Code, at a rate decided by the Department.
Section 267.20.90. AUXILIARY SERVICES
The foregoing appropriation item 200511, Auxiliary Services,
shall be used by the Department of Education for the purpose of
implementing section 3317.06 of the Revised Code. Of the
appropriation, up to $1,789,943 in each fiscal year may be used
for payment of the Post-Secondary Enrollment Options Program for
nonpublic students. Notwithstanding section 3365.10 of the Revised
Code, the Department shall distribute funding according to rules
adopted by the Department in accordance with Chapter 119. of the
Revised Code.
Section 267.30.10. NONPUBLIC ADMINISTRATIVE COST
REIMBURSEMENT
The foregoing appropriation item 200532, Nonpublic
Administrative Cost Reimbursement, shall be used by the Department
of Education for the purpose of implementing section 3317.063 of
the Revised Code.
Section 267.30.20. SPECIAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200540, Special Education
Enhancements, up to $2,206,875 in each fiscal year shall be used
for home instruction for children with disabilities.
Of the foregoing appropriation item 200540, Special Education
Enhancements, up to $45,282,959 in each fiscal year shall be used
to fund special education and related services at county boards of
developmental disabilities for eligible students under section
3317.20 of the Revised Code and at institutions for eligible
students under section 3317.201 of the Revised Code.
Notwithstanding the distribution formulas under sections 3317.20
and 3317.201 of the Revised Code, funding for DD boards and
institutions for fiscal year 2012 and fiscal year 2013 shall be
determined by providing the per pupil amount received by each DD
board and institution for the prior fiscal year for each student
served in the current fiscal year.
Of the foregoing appropriation item 200540, Special Education
Enhancements, up to $1,333,468 in each fiscal year shall be used
for parent mentoring programs.
Of the foregoing appropriation item 200540, Special Education
Enhancements, up to $2,537,824 in each fiscal year may be used for
school psychology interns.
The remainder of appropriation item 200540, Special Education
Enhancements, shall be distributed by the Department of Education
to county boards of developmental disabilities, educational
service centers, and school districts for preschool special
education units and preschool supervisory units under section
3317.052 of the Revised Code. To the greatest extent possible, the
Department of Education shall allocate these units to school
districts and educational service centers.
The Department may reimburse county DD boards, educational
service centers, and school districts for services provided by
instructional assistants, related services as defined in rule
3301-51-11 of the Administrative Code, physical therapy services
provided by a licensed physical therapist or physical therapist
assistant under the supervision of a licensed physical therapist
as required under Chapter 4755. of the Revised Code and Chapter
4755-27 of the Administrative Code and occupational therapy
services provided by a licensed occupational therapist or
occupational therapy assistant under the supervision of a licensed
occupational therapist as required under Chapter 4755. of the
Revised Code and Chapter 4755-7 of the Administrative Code.
Nothing in this section authorizes occupational therapy assistants
or physical therapist assistants to generate or manage their own
caseloads.
The Department of Education shall require school districts,
educational service centers, and county DD boards serving
preschool children with disabilities to adhere to Ohio's Early
Learning Program Guidelines and document child progress using
research-based indicators prescribed by the Department and report
results annually. The reporting dates and method shall be
determined by the Department.
Section 267.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS
Of the foregoing appropriation item 200545, Career-Technical
Education Enhancements, up to $2,563,568 in each fiscal year shall
be used to fund secondary career-technical education at
institutions.
Of the foregoing appropriation item 200545, Career-Technical
Education Enhancements, up to $2,838,281 in each fiscal year shall
be used by the Department of Education to fund competitive grants
to tech prep consortia that expand the number of students enrolled
in tech prep programs. These grant funds shall be used to directly
support expanded tech prep programs provided to students enrolled
in school districts, including joint vocational school districts,
and affiliated higher education institutions. This support may
include the purchase of equipment.
Of the foregoing appropriation item 200545, Career-Technical
Education Enhancements, up to $3,100,850 in each fiscal year shall
be used by the Department of Education to support existing High
Schools That Work (HSTW) sites, develop and support new sites,
fund technical assistance, and support regional centers and middle
school programs. The purpose of HSTW is to combine challenging
academic courses and modern career-technical studies to raise the
academic achievement of students. HSTW provides intensive
technical assistance, focused staff development, targeted
assessment services, and ongoing communications and networking
opportunities.
Of the foregoing appropriation item 200545, Career-Technical
Education Enhancements, up to $300,000 in each fiscal year shall
be used by the Department of Education to enable students in
agricultural programs to enroll in a fifth quarter of instruction
based on the agricultural education model of delivering work-based
learning through supervised agricultural experience. The
Department of Education shall determine eligibility criteria and
the reporting process for the Agriculture 5th Quarter Project and
shall fund as many programs as possible given the set aside.
Section 267.30.40. FOUNDATION FUNDING
Of the foregoing appropriation item 200550, Foundation
Funding, up to $425,000 shall be expended in each fiscal year for
court payments under section 2151.362 of the Revised Code.
Of the foregoing appropriation item 200550, Foundation
Funding, up to $8,100,000 in each fiscal year shall be used to
fund gifted education at educational service centers. For fiscal
year 2012 and fiscal year 2013, each Educational Service Center
that received gifted education funding for the prior fiscal year
shall receive the same amount for the current fiscal year, unless
the Educational Service Center notifies the Department of
Education in writing that it no longer will be providing gifted
services or will be providing fewer gifted services than provided
in the prior fiscal year. In such case, the Department shall
deduct all or a portion, as appropriate, of the funding received
by the Educational Service Center for the prior fiscal year from
the Center's allocation for the current fiscal year. The
Department shall redistribute the deducted funding to other
Educational Service Centers through the unit-based funding
methodology in place under division (L) of section 3317.024 of the
Revised Code as it existed prior to fiscal year 2010.
Of the foregoing appropriation item 200550, Foundation
Funding, up to $10,000,000 in each fiscal year shall be used to
provide additional state aid to school districts, joint vocational
school districts, and community schools for special education
students under division (C)(3) of section 3317.022 of the Revised
Code, except that the Controlling Board may increase these amounts
if presented with such a request from the Department of Education
at the final meeting of the fiscal year; and up to $2,000,000 in
each fiscal year shall be reserved for Youth Services tuition
payments under section 3317.024 of the Revised Code.
Of the foregoing appropriation item 200550, Foundation
Funding, up to $41,760,000 in fiscal year 2012 and up to
$35,323,000 in fiscal year 2013 shall be reserved to fund the
state reimbursement of educational service centers under section
3317.11 of the Revised Code and the section of this act entitled
"EDUCATIONAL SERVICE CENTERS FUNDING;" and up to $3,545,752 in
each fiscal year shall be distributed to educational service
centers for School Improvement Initiatives. Educational service
centers shall be required to support districts in the development
and implementation of their continuous improvement plans as
required in section 3302.04 of the Revised Code and to provide
technical assistance and support in accordance with Title I of the
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C.
6317.
Of the foregoing appropriation item 200550, Foundation
Funding, up to $1,000,000 in each fiscal year shall be used by the
Department of Education for a program to pay for educational
services for youth who have been assigned by a juvenile court or
other authorized agency to any of the facilities described in
division (A) of the section of this act entitled "PRIVATE
TREATMENT FACILITY PROJECT."
Of the foregoing appropriation item 200550, Foundation
Funding, up to $12,522,860 in each fiscal year shall be used to
support the Cleveland school choice program.
Of the portion of the funds distributed to the Cleveland
Municipal School District under this section, up to $11,901,887 in
each fiscal year shall be used to operate the school choice
program in the Cleveland Municipal School District under sections
3313.974 to 3313.979 of the Revised Code. Notwithstanding
divisions (B) and (C) of section 3313.978 and division (C) of
section 3313.979 of the Revised Code, up to $1,000,000 in each
fiscal year of this amount shall be used by the Cleveland
Municipal School District to provide tutorial assistance as
provided in division (H) of section 3313.974 of the Revised Code.
The Cleveland Municipal School District shall report the use of
these funds in the district's three-year continuous improvement
plan as described in section 3302.04 of the Revised Code in a
manner approved by the Department of Education.
Of the foregoing appropriation item 200550, Foundation
Funding, an amount shall be available in each fiscal year to be
paid to joint vocational school districts in accordance with the
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL
DISTRICTS."
Of the foregoing appropriation item 200550, Foundation
Funding, a portion in each fiscal year shall be paid to city,
exempted village, and local school districts in accordance with
the section of this act entitled "SUPPLEMENTAL SCHOOL DISTRICT
FUNDING."
The remainder of appropriation item 200550, Foundation
Funding, shall be used to distribute the amounts calculated for
formula aid under Section 267.30.50 of this act.
Appropriation items 200502, Pupil Transportation, 200540,
Special Education Enhancements, and 200550, Foundation Funding,
other than specific set-asides, are collectively used in each
fiscal year to pay state formula aid obligations for school
districts, community schools, STEM schools, and joint vocational
school districts under this act. The first priority of these
appropriation items, with the exception of specific set-asides, is
to fund state formula aid obligations. It may be necessary to
reallocate funds among these appropriation items or use excess
funds from other general revenue fund appropriation items in the
Department of Education's budget in each fiscal year, in order to
meet state formula aid obligations. If it is determined that it is
necessary to transfer funds among these appropriation items or to
transfer funds from other General Revenue Fund appropriations in
the Department of Education's budget to meet state formula aid
obligations, the Department of Education shall seek approval from
the Controlling Board to transfer funds as needed.
Section 267.30.50. FUNDING FOR CITY, EXEMPTED VILLAGE, AND
LOCAL SCHOOL DISTRICTS
(A) For each of fiscal years 2012 and 2013, the Department of
Education shall compute and pay operating funding for each city,
exempted village, and local school district according to the
following formula:
[(The final amount computed for fiscal year 2011 under
the line on the district's PASS form entitled "State
Resources for the Foundation Funding Program" / the district's
recalculated fiscal year 2011 formula ADM) X the district's
current year formula ADM] - the district's adjustment amount
(1) "PASS form" means the form for calculating operating
payments to school districts as prescribed by former section
3306.012 of the Revised Code.
(2) "Recalculated fiscal year 2011 formula ADM" means the
district's average daily membership reported in October 2010 under
division (A) of section 3317.03 of the Revised Code, as verified
by the Superintendent of Public Instruction and adjusted if so
ordered under division (K) of that section, and as further
adjusted by the Department, as follows:
(a) Count only twenty per cent of the number of joint
vocational school district students counted under division (A)(3)
of section 3317.03 of the Revised Code;
(b) Add twenty per cent of the number of students who are
entitled to attend school in the district under section 3313.64 or
3313.65 of the Revised Code and are enrolled in another school
district under a career-technical educational compact.
(3) "Current year formula ADM" means the district's formula
ADM for the current fiscal year as defined in section 3317.02 of
the Revised Code.
(4) "The district's adjustment amount" means the amount
computed under division (B)(5) of this section.
If the computation made under division (A) of this section
results in a negative number, the district's funding under this
section shall be zero.
(B) To make the computation required by division (A) of this
section, the Department shall determine all of the following:
(1) Each district's charge-off valuation per pupil, which
shall be the valuation used to determine the district's state
share of the adequacy amount for fiscal year 2011, under former
section 3306.13 of the Revised Code, divided by the district's
recalculated fiscal year 2011 formula ADM;
(2) The statewide median charge-off valuation per pupil;
(3) Each district's charge-off valuation index, which shall
be the district's charge-off valuation per pupil divided by the
statewide median charge-off valuation per pupil;
(4) The statewide per pupil adjustment amount. The Department
shall determine that amount so that the total statewide formula
aid obligation for school districts does not exceed the aggregate
amount appropriated for formula aid under line items 200502,
200550, and 200612.
(5) Each district's adjustment amount, which shall be the
district's charge-off valuation index multiplied by the statewide
per pupil adjustment amount multiplied by the district's current
year formula ADM.
(C) On the form that the Department uses to compute funding
for a school district in accordance with this section, the
Department also shall indicate the amount of that funding
allocated to special education and related services and the amount
allocated to career-technical education. The amounts allocated for
special education and career-technical education shall be the
amounts indicated on the PASS form for fiscal year 2011. Each
school district that receives an allocation for career-technical
education shall spend the funds only for purposes the Department
of Education designates as approved for career-technical education
expenses. Career-technical education expenses approved by the
Department shall include only expenses connected to the delivery
of career-technical programming to students enrolled in
state-approved career-technical programs. If a school district
informs the Department that it is unable to spend the full
allocation on approved career-technical education expenses, the
Department may reallocate the district's unexpended amount of the
career-technical education allocation to other school districts.
The Department shall first allocate the funds to school districts
within the original school district's vocational education
planning district that have growth in career-technical enrollment
from the previous fiscal year. If there are no such districts, the
Department shall allocate the funds to other school districts,
with priority given to districts according to each district's
growth in career-technical enrollment from the previous fiscal
year. The Department shall require each school district to report
data annually so that the Department may monitor the district's
compliance with the requirements regarding the manner in which
allocations for career-technical education may be spent.
(D) For fiscal years 2012 and 2013, wherever a provision of
law refers to payments or adjustments for a school district made
in accordance with any section of Chapter 3317. of the Revised
Code, that reference shall be construed to include payments or
adjustments made under this section.
Section 267.30.53. SUPPLEMENTAL SCHOOL DISTRICT FUNDING
(A) For fiscal year 2012, the Department of Education shall
compute and pay supplemental operating funding for each city,
exempted village, and local school district according to the
following formula:
[(The final amount computed for fiscal year 2011 under the
line on the district's PASS form entitled "State Resources for the
Foundation Funding Program" minus the portion of that amount paid
from funds received under the American Recovery and Reinvestment
Act State Fiscal Stabilization Fund) multiplied by eighty per
cent] minus (the amount computed for the district for fiscal year
2012 under Section 267.30.50 of this act).
(B) For fiscal year 2013, the Department of Education shall
compute and pay supplemental operating funding for districts
allocated funding under this section for fiscal year 2012
according to the following formula:
[(The final amount computed for the district for fiscal year
2012 under Section 267.30.50 of this act) plus (the final amount
computed for the district for fiscal year 2012 under this
section)] minus (the amount computed for the district for fiscal
year 2013 under Section 267.30.50 of this act).
(C) If the computation made under division (A) or (B) of this
section results in a negative number, the district's funding under
that division shall be zero.
Section 267.30.60. FUNDING FOR JOINT VOCATIONAL SCHOOL
DISTRICTS
The Department of Education shall distribute funds within
appropriation item 200550, Foundation Funding, for joint
vocational funding in each fiscal year to each joint vocational
school district that received joint vocational funding in fiscal
year 2011. The Department shall distribute to each such district
joint vocational funding in an amount equal to the district's
total state foundation aid as reported on the final JVS payment
report produced by the Department for the previous fiscal year.
The joint vocational funding for each fiscal year for each
district is the amount specified in this section less any general
revenue fund spending reductions ordered by the Governor under
section 126.05 of the Revised Code.
Section 267.30.70. PROPERTY TAX ALLOCATION - EDUCATION
The Superintendent of Public Instruction shall not request,
and the Controlling Board shall not approve, the transfer of
appropriation from appropriation item 200901, Property Tax
Allocation - Education, to any other appropriation item.
The appropriation item 200901, Property Tax Allocation -
Education, is appropriated to pay for the state's costs incurred
because of the homestead exemption, the property tax rollback, and
payments required under division (C) of section 5705.2110 of the
Revised Code. In cooperation with the Department of Taxation, the
Department of Education shall distribute these funds directly to
the appropriate school districts of the state, notwithstanding
sections 321.24 and 323.156 of the Revised Code, which provide for
payment of the homestead exemption and property tax rollback by
the Tax Commissioner to the appropriate county treasurer and the
subsequent redistribution of these funds to the appropriate local
taxing districts by the county auditor.
Upon receipt of these amounts, each school district shall
distribute the amount among the proper funds as if it had been
paid as real or tangible personal property taxes. Payments for the
costs of administration shall continue to be paid to the county
treasurer and county auditor as provided for in sections 319.54,
321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amount specifically appropriated
in appropriation items 200901, Property Tax Allocation -
Education, for the homestead exemption and the property tax
rollback payments, and payments required under division (C) of
section 5705.2110 of the Revised Code, which are determined to be
necessary for these purposes, are hereby appropriated.
Section 267.30.80. TEACHER CERTIFICATION AND LICENSURE
The foregoing appropriation item 200681, Teacher
Certification and Licensure, shall be used by the Department of
Education in each year of the biennium to administer and support
teacher certification and licensure activities.
SCHOOL DISTRICT SOLVENCY ASSISTANCE
(A) Of the foregoing appropriation item 200687, School
District Solvency Assistance, $20,000,000 in each fiscal year
shall be allocated to the School District Shared Resource Account
and $5,000,000 in each fiscal year shall be allocated to the
Catastrophic Expenditures Account. These funds shall be used to
provide assistance and grants to school districts to enable them
to remain solvent under section 3316.20 of the Revised Code.
Assistance and grants shall be subject to approval by the
Controlling Board. Except as provided under division (C) of this
section, any required reimbursements from school districts for
solvency assistance shall be made to the appropriate account in
the School District Solvency Assistance Fund (Fund 5H30).
(B) Notwithstanding any provision of law to the contrary,
upon the request of the Superintendent of Public Instruction, the
Director of Budget and Management may make transfers to the School
District Solvency Assistance Fund (Fund 5H30) from any fund used
by the Department of Education or the General Revenue Fund to
maintain sufficient cash balances in Fund 5H30 in fiscal years
2012 and 2013. Any cash transferred is hereby appropriated. The
transferred cash may be used by the Department of Education to
provide assistance and grants to school districts to enable them
to remain solvent and to pay unforeseeable expenses of a temporary
or emergency nature that the school district is unable to pay from
existing resources. The Director of Budget and Management shall
notify the members of the Controlling Board of any such transfers.
(C) If the cash balance of the School District Solvency
Assistance Fund (Fund 5H30) is insufficient to pay solvency
assistance in fiscal years 2012 and 2013, at the request of the
Superintendent of Public Instruction, and with the approval of the
Controlling Board, the Director of Budget and Management may
transfer cash from the Lottery Profits Education Reserve Fund
(Fund 7018) to Fund 5H30 to provide assistance and grants to
school districts to enable them to remain solvent and to pay
unforeseeable expenses of a temporary nature that they are unable
to pay from existing resources under section 3316.20 of the
Revised Code. Such transfers are hereby appropriated to
appropriation item 200670, School District Solvency Assistance –
Lottery. Any required reimbursements from school districts for
solvency assistance granted from appropriation item 200670, School
District Solvency Assistance – Lottery, shall be made to Fund
7018.
Section 267.30.90. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS
Upon the request of the Superintendent of Public Instruction,
the Director of Budget and Management may transfer up to $639,000
cash in each fiscal year from the General Revenue Fund to the
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The
transferred cash is to be used by the Department of Education to
pay the expenses the Department incurs in administering the
Medicaid School Component of the Medicaid program established
under sections 5111.71 to 5111.715 of the Revised Code. On June 1
of each fiscal year, or as soon as possible thereafter, the
Director of Budget and Management shall transfer cash from Fund
3AF0 back to the General Revenue Fund in an amount equal to the
total amount transferred to Fund 3AF0 in that fiscal year.
The money deposited into Fund 3AF0 under division (B) of
section 5111.714 of the Revised Code is hereby appropriated for
fiscal years 2012 and 2013 and shall be used in accordance with
division (D) of section 5111.714 of the Revised Code.
Section 267.40.10. HALF-MILL MAINTENANCE EQUALIZATION
The foregoing appropriation item 200626, Half-Mill
Maintenance Equalization, shall be used to make payments pursuant
to section 3318.18 of the Revised Code.
Section 267.40.20. AUXILIARY SERVICES REIMBURSEMENT
Notwithstanding section 3317.064 of the Revised Code, if the
unexpended, unencumbered cash balance is sufficient, the Treasurer
of State shall transfer $1,500,000 in fiscal year 2012 within
thirty days after the effective date of this section, and
$1,500,000 in fiscal year 2013 by August 1, 2012, from the
Auxiliary Services Personnel Unemployment Compensation Fund to the
Auxiliary Services Reimbursement Fund (Fund 5980) used by the
Department of Education.
COMMUNITY SCHOOL DROPOUT PROGRAMS
The foregoing appropriation item 200679, Community School
Dropout Programs, shall be used to make payments pursuant to
section 3314.38 of the Revised Code. On July 1, 2011, or as soon
as possible thereafter, and on July 1, 2012, or as soon as
possible thereafter, the Director of Budget and Management shall
transfer $1,000,000 from the Economic Development Programs Fund
(Fund 5JC0) used by the Board of Regents to the Community School
Dropout Programs Fund (Fund 5KK0) used by the Department of
Education.
Section 267.40.30. LOTTERY PROFITS EDUCATION FUND
Appropriation item 200612, Foundation Funding (Fund 7017),
shall be used in conjunction with appropriation item 200550,
Foundation Funding (GRF), to provide state foundation payments to
school districts.
The Department of Education, with the approval of the
Director of Budget and Management, shall determine the monthly
distribution schedules of appropriation item 200550, Foundation
Funding (GRF), and appropriation item 200612, Foundation Funding
(Fund 7017). If adjustments to the monthly distribution schedule
are necessary, the Department of Education shall make such
adjustments with the approval of the Director of Budget and
Management.
Section 267.40.40. LOTTERY PROFITS EDUCATION RESERVE FUND
(A) There is hereby created the Lottery Profits Education
Reserve Fund (Fund 7018) in the State Treasury. Investment
earnings of the Lottery Profits Education Reserve Fund shall be
credited to the fund.
(B) Notwithstanding any other provision of law to the
contrary, the Director of Budget and Management may transfer cash
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017)
in fiscal year 2012 and fiscal year 2013. Amounts transferred
under this section are hereby appropriated.
(C) On July 15, 2011, or as soon as possible thereafter, the
Director of the Ohio Lottery Commission shall certify to the
Director of Budget and Management the amount by which lottery
profit transfers received by Fund 7017 exceeded $711,000,000 in
fiscal year 2011. The Director of Budget and Management may
transfer the amount so certified, plus the cash balance in Fund
7017, to Fund 7018.
(D) On July 15, 2012, or as soon as possible thereafter, the
Director of the Ohio Lottery Commission shall certify to the
Director of Budget and Management the amount by which lottery
profit transfers received by Fund 7017 exceeded $717,500,000 in
fiscal year 2012. The Director of Budget and Management may
transfer the amount so certified, plus the cash balance in Fund
7017, to Fund 7018.
Section 267.40.50. GENERAL REVENUE FUND TRANSFERS TO SCHOOL
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)
Notwithstanding any provision of law to the contrary, in
fiscal year 2012 and fiscal year 2013 the Director of Budget and
Management may make temporary transfers between the General
Revenue Fund and the School District Property Tax Replacement –
Business Fund (Fund 7047) in the Department of Education to ensure
sufficient balances in Fund 7047 and to replenish the General
Revenue Fund for such transfers.
Section 267.40.60. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -
BUSINESS
The foregoing appropriation item 200909, School District
Property Tax Replacement – Business, shall be used by the
Department of Education, in consultation with the Department of
Taxation, to make payments to school districts and joint
vocational school districts under section 5751.21 of the Revised
Code. If it is determined by the Director of Budget and Management
that additional appropriations are necessary for this purpose,
such amounts are hereby appropriated.
SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY
The foregoing appropriation item 200900, School District
Property Tax Replacement-Utility, shall be used by the Department
of Education, in consultation with the Department of Taxation, to
make payments to school districts and joint vocational school
districts under section 5727.85 of the Revised Code. If it is
determined by the Director of Budget and Management that
additional appropriations are necessary for this purpose, such
amounts are hereby appropriated.
The Department of Education shall report the following to the
Director of Budget and Management and the Legislative Service
Commission:
(A) Changes in formulas for distributing state
appropriations, including administratively defined formula
factors;
(B) Discretionary changes in formulas for distributing
federal appropriations;
(C) Federally mandated changes in formulas for distributing
federal appropriations.
Any such changes shall be reported two weeks prior to the
effective date of the change.
Section 267.40.70. EDUCATIONAL SERVICE CENTERS FUNDING
In fiscal year 2012, each Educational Service Center shall
receive funding equal to ninety per cent of the amount received in
fiscal year 2011 under section 3317.11 of the Revised Code and
Section 265.50.10 of Am. Sub. H.B. 1 of the 128th General
Assembly.
In fiscal year 2013, each Educational Service Center shall
receive funding equal to eighty-five per cent of the amount
received in fiscal year 2012 under this section.
Notwithstanding any provision of law to the contrary, the
Department of Education shall modify the payments under this
section as follows:
(A) If an educational service center ceases operation, the
Department shall redistribute that center's funding, as calculated
under this section, to the remaining centers in proportion to each
center's service center ADM as defined in section 3317.11 of the
Revised Code.
(B) If two or more educational service centers merge
operations to create a single service center, the Department shall
distribute the sum of the original service centers' funding, as
calculated under this section, to the new service center.
Section 267.40.80. PRIVATE TREATMENT FACILITY PROJECT
(A) As used in this section:
(1) The following are "participating residential treatment
centers":
(a) Private residential treatment facilities that have
entered into a contract with the Department of Youth Services to
provide services to children placed at the facility by the
Department and which, in fiscal year 2012 or fiscal year 2013 or
both, the Department pays through appropriation item 470401,
RECLAIM Ohio;
(c) Paint Creek, in Bainbridge;
(d) F.I.R.S.T., in Mansfield.
(2) "Education program" means an elementary or secondary
education program or a special education program and related
services.
(3) "Served child" means any child receiving an education
program pursuant to division (B) of this section.
(4) "School district responsible for tuition" means a city,
exempted village, or local school district that, if tuition
payment for a child by a school district is required under law
that existed in fiscal year 1998, is the school district required
to pay that tuition.
(5) "Residential child" means a child who resides in a
participating residential treatment center and who is receiving an
educational program under division (B) of this section.
(B) A youth who is a resident of the state and has been
assigned by a juvenile court or other authorized agency to a
residential treatment facility specified in division (A) of this
section shall be enrolled in an approved educational program
located in or near the facility. Approval of the educational
program shall be contingent upon compliance with the criteria
established for such programs by the Department of Education. The
educational program shall be provided by a school district or
educational service center, or by the residential facility itself.
Maximum flexibility shall be given to the residential treatment
facility to determine the provider. In the event that a voluntary
agreement cannot be reached and the residential facility does not
choose to provide the educational program, the educational service
center in the county in which the facility is located shall
provide the educational program at the treatment center to
children under twenty-two years of age residing in the treatment
center.
(C) Any school district responsible for tuition for a
residential child shall, notwithstanding any conflicting provision
of the Revised Code regarding tuition payment, pay tuition for the
child for fiscal year 2012 and fiscal year 2013 to the education
program provider and in the amount specified in this division. If
there is no school district responsible for tuition for a
residential child and if the participating residential treatment
center to which the child is assigned is located in the city,
exempted village, or local school district that, if the child were
not a resident of that treatment center, would be the school
district where the child is entitled to attend school under
sections 3313.64 and 3313.65 of the Revised Code, that school
district, notwithstanding any conflicting provision of the Revised
Code, shall pay tuition for the child for fiscal year 2012 and
fiscal year 2013 under this division unless that school district
is providing the educational program to the child under division
(B) of this section.
A tuition payment under this division shall be made to the
school district, educational service center, or residential
treatment facility providing the educational program to the child.
The amount of tuition paid shall be:
(1) The amount of tuition determined for the district under
division (A) of section 3317.08 of the Revised Code;
(2) In addition, for any student receiving special education
pursuant to an individualized education program as defined in
section 3323.01 of the Revised Code, a payment for excess costs.
This payment shall equal the actual cost to the school district,
educational service center, or residential treatment facility of
providing special education and related services to the student
pursuant to the student's individualized education program, minus
the tuition paid for the child under division (C)(1) of this
section.
A school district paying tuition under this division shall
not include the child for whom tuition is paid in the district's
average daily membership certified under division (A) of section
3317.03 of the Revised Code.
(D) In each of fiscal years 2012 and 2013, the Department of
Education shall reimburse, from appropriations made for the
purpose, a school district, educational service center, or
residential treatment facility, whichever is providing the
service, that has demonstrated that it is in compliance with the
funding criteria for each served child for whom a school district
must pay tuition under division (C) of this section. The amount of
the reimbursement shall be the amount appropriated for this
purpose divided by the full-time equivalent number of children for
whom reimbursement is to be made.
(E) Funds provided to a school district, educational service
center, or residential treatment facility under this section shall
be used to supplement, not supplant, funds from other public
sources for which the school district, service center, or
residential treatment facility is entitled or eligible.
(F) The Department of Education shall track the utilization
of funds provided to school districts, educational service
centers, and residential treatment facilities under this section
and monitor the effect of the funding on the educational programs
they provide in participating residential treatment facilities.
The Department shall monitor the programs for educational
accountability.
Section 267.40.90. SCHOOL DISTRICT PARTICIPATION IN NATIONAL
ASSESSMENT OF EDUCATION PROGRESS
The General Assembly intends for the Superintendent of Public
Instruction to provide for school district participation in the
administration of the National Assessment of Education Progress in
accordance with section 3301.27 of the Revised Code. Each school
and school district selected for participation by the
Superintendent of Public Instruction shall participate.
Section 267.50.10. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH
STUDENTS
(A) As used in this section:
(1) "IEP" has the same meaning as in section 3323.01 of the
Revised Code.
(2) "SBH student" means a student receiving special education
and related services for severe behavior disabilities pursuant to
an IEP.
(B) This section applies only to a community school
established under Chapter 3314. of the Revised Code that in each
of fiscal years 2012 and 2013 enrolls a number of SBH students
equal to at least fifty per cent of the total number of students
enrolled in the school in the applicable fiscal year.
(C) In addition to any state foundation payments made, in
each of fiscal years 2012 and 2013, the Department of Education
shall pay to a community school to which this section applies a
subsidy equal to the difference between the aggregate amount
calculated and paid in that fiscal year to the community school
for special education and related services additional weighted
costs for the SBH students enrolled in the school and the
aggregate amount that would have been calculated for the school
for special education and related services additional weighted
costs for those same students in fiscal year 2001. If the
difference is a negative number, the amount of the subsidy shall
be zero.
(D) The amount of any subsidy paid to a community school
under this section shall not be deducted from the school district
in which any of the students enrolled in the community school are
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code. The amount of any subsidy paid to a community school
under this section shall be paid from funds appropriated to the
Department of Education in appropriation item 200550, Foundation
Funding.
Section 267.50.20. EARMARK ACCOUNTABILITY
At the request of the Superintendent of Public Instruction,
any entity that receives a budget earmark under the Department of
Education shall submit annually to the chairpersons of the
committees of the House of Representatives and the Senate
primarily concerned with education and to the Department of
Education a report that includes a description of the services
supported by the funds, a description of the results achieved by
those services, an analysis of the effectiveness of the program,
and an opinion as to the program's applicability to other school
districts. For an earmarked entity that received state funds from
an earmark in the prior fiscal year, no funds shall be provided by
the Department of Education to an earmarked entity for a fiscal
year until its report for the prior fiscal year has been
submitted.
Section 267.50.30. PROHIBITION FROM OPERATING FROM HOME
No community school established under Chapter 3314. of the
Revised Code that was not open for operation as of May 1, 2005,
shall operate from a home, as defined in section 3313.64 of the
Revised Code.
Section 267.50.40. EARLY COLLEGE START UP COMMUNITY SCHOOL
(A) As used in this section:
(1) "Big eight school district" has the same meaning as in
section 3314.02 of the Revised Code.
(2) "Early college high school" means a high school that
provides students with a personalized learning plan based on an
accelerated curriculum combining high school and college-level
coursework.
(B) Any early college high school that is operated by a big
eight school district in partnership with a private university may
operate as a new start-up community school under Chapter 3314. of
the Revised Code beginning in the 2007-2008 school year, if all of
the following conditions are met:
(1) The governing authority and sponsor of the school enter
into a contract in accordance with section 3314.03 of the Revised
Code and, notwithstanding division (D) of section 3314.02 of the
Revised Code, both parties adopt and sign the contract by July 9,
2007.
(2) Notwithstanding division (A) of former section 3314.016
of the Revised Code, the school's governing authority enters into
a contract with the private university under which the university
will be the school's operator.
(3) The school provides the same educational program the
school provided while part of the big eight school district.
Section 267.50.50. USE OF VOLUNTEERS
The Department of Education may utilize the services of
volunteers to accomplish any of the purposes of the Department.
The Superintendent of Public Instruction shall approve for what
purposes volunteers may be used and for these purposes may
recruit, train, and oversee the services of volunteers. The
Superintendent may reimburse volunteers for necessary and
appropriate expenses in accordance with state guidelines and may
designate volunteers as state employees for the purpose of motor
vehicle accident liability insurance under section 9.83 of the
Revised Code, for immunity under section 9.86 of the Revised Code,
and for indemnification from liability incurred in the performance
of their duties under section 9.87 of the Revised Code.
Section 267.50.60. RESTRICTION OF LIABILITY FOR CERTAIN
REIMBURSEMENTS
(A) Except as expressly required under a court judgment not
subject to further appeals, or a settlement agreement with a
school district executed on or before June 1, 2009, in the case of
a school district for which the formula ADM for fiscal year 2005,
as reported for that fiscal year under division (A) of section
3317.03 of the Revised Code, was reduced based on enrollment
reports for community schools, made under section 3314.08 of the
Revised Code, regarding students entitled to attend school in the
district, which reduction of formula ADM resulted in a reduction
of foundation funding or transitional aid funding for fiscal year
2005, 2006, or 2007, no school district, except a district named
in the court's judgment or the settlement agreement, shall have a
legal claim for reimbursement of the amount of such reduction in
foundation funding or transitional aid funding, and the state
shall not have liability for reimbursement of the amount of such
reduction in foundation funding or transitional aid funding.
(B) As used in this section:
(1) "Community school" means a community school established
under Chapter 3314. of the Revised Code.
(2) "Entitled to attend school" means entitled to attend
school in a school district under section 3313.64 or 3313.65 of
the Revised Code.
(3) "Foundation funding" means payments calculated for the
respective fiscal year under Chapter 3317. of the Revised Code.
(4) "Transitional aid funding" means payments calculated for
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95
of the 125th General Assembly, as subsequently amended; Section
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119
of the 127th General Assembly.
Section 267.50.70. UNAUDITABLE COMMUNITY SCHOOL
(A) If the Auditor of State or a public accountant, pursuant
to section 117.41 of the Revised Code, declares a community school
established under Chapter 3314. of the Revised Code to be
unauditable, the Auditor of State shall provide written
notification of that declaration to the school, the school's
sponsor, and the Department of Education. The Auditor of State
also shall post the notification on the Auditor of State's web
site.
(B) Notwithstanding any provision to the contrary in Chapter
3314. of the Revised Code or any other provision of law, a sponsor
of a community school that is notified by the Auditor of State
under division (A) of this section that a community school it
sponsors is unauditable shall not enter into contracts with any
additional community schools under section 3314.03 of the Revised
Code until the Auditor of State or a public accountant has
completed a financial audit of that school.
(C) Not later than forty-five days after receiving
notification by the Auditor of State under division (A) of this
section that a community school is unauditable, the sponsor of the
school shall provide a written response to the Auditor of State.
The response shall include the following:
(1) An overview of the process the sponsor will use to review
and understand the circumstances that led to the community school
becoming unauditable;
(2) A plan for providing the Auditor of State with the
documentation necessary to complete an audit of the community
school and for ensuring that all financial documents are available
in the future;
(3) The actions the sponsor will take to ensure that the plan
described in division (C)(2) of this section is implemented.
(D) If a community school fails to make reasonable efforts
and continuing progress to bring its accounts, records, files, or
reports into an auditable condition within ninety days after being
declared unauditable, the Auditor of State, in addition to
requesting legal action under sections 117.41 and 117.42 of the
Revised Code, shall notify the Department of the school's failure.
If the Auditor of State or a public accountant subsequently is
able to complete a financial audit of the school, the Auditor of
State shall notify the Department that the audit has been
completed.
(E) Notwithstanding any provision to the contrary in Chapter
3314. of the Revised Code or any other provision of law, upon
notification by the Auditor of State under division (D) of this
section that a community school has failed to make reasonable
efforts and continuing progress to bring its accounts, records,
files, or reports into an auditable condition following a
declaration that the school is unauditable, the Department shall
immediately cease all payments to the school under Chapter 3314.
of the Revised Code and any other provision of law. Upon
subsequent notification from the Auditor of State under that
division that the Auditor of State or a public accountant was able
to complete a financial audit of the community school, the
Department shall release all funds withheld from the school under
this section.
Section 267.50.80. FLEXIBLE FUNDING FOR FAMILIES AND
CHILDREN
In collaboration with the County Family and Children First
Council, a city, local, or exempted village school district,
community school, STEM school, joint vocational school district,
educational service center, or county board of developmental
disabilities that receives allocations from the Department of
Education from appropriation item 200550, Foundation Funding, or
appropriation item 200540, Special Education Enhancements, may
transfer portions of those allocations to a flexible funding pool
authorized by the Section of this act entitled "FAMILY AND
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for
maintenance of effort or for federal or state funding matching
requirements shall not be transferred unless the allocation may
still be used to meet such requirements.
Section 267.50.90. EDUCATIONAL SHARED SERVICES MODEL
The Governor's Director of 21st Century Education shall
develop a plan for the integration and consolidation of the
publicly supported regional shared services organizations serving
Ohio's public and chartered nonpublic schools, including
recommendations for implementation of the plan beginning July 1,
2012.
In preparing the plan, the Director shall recommend
educational support organizations to be considered for integration
into the educational service center system. The organizations to
be considered for integration shall include, but shall not be
limited to, education technology centers, information technology
centers, area media centers, Ohio's statewide system of support,
the education regional service system, regional advisory boards,
and regional staff from the Department of Education providing
direct support to school districts.
In preparing the recommendations, the Director shall include
an examination of services offered to public and chartered
nonpublic schools and recommendations for integration of services
into a shared services model. Services to be considered shall
include, but shall not be limited to, general instruction, special
education, gifted education, academic leadership, technology,
fiscal management, transportation, food services, human resources,
employee benefits, pooled purchasing, professional development,
and noninstructional support.
Not later than October 15, 2011, the Director shall conduct a
shared services survey of Ohio's school districts, community
schools, STEM schools, chartered nonpublic schools, joint
vocational school districts, and other educational service
providers and local political subdivisions to gather baseline data
on the current status of shared services and to determine where
opportunities for additional shared services exist.
Not later than January 1, 2012, the Director shall submit to
the Governor and the General Assembly, in accordance with section
101.68 of the Revised Code, legislative recommendations for
implementation of the plan.
Section 267.60.10. If there are unencumbered moneys remaining
on July 1, 2011, in a school district's textbook and instructional
materials fund, as required by former section 3315.17 of the
Revised Code, the district board of education may transfer those
moneys to the district's general fund and may use such moneys for
any purpose authorized for general fund moneys.
Section 269.10. ELC OHIO ELECTIONS COMMISSION
GRF |
051321 |
|
Operating Expenses |
|
$ |
333,117 |
|
$ |
333,117 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
333,117 |
|
$ |
333,117 |
|
|
General Services Fund Group
4P20 |
051601 |
|
Ohio Elections Commission Fund |
|
$ |
225,000 |
|
$ |
225,000 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
225,000 |
|
$ |
225,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
558,117 |
|
$ |
558,117 |
|
|
Section 271.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL
DIRECTORS
General Services Fund Group
4K90 |
881609 |
|
Operating Expenses |
|
$ |
561,494 |
|
$ |
551,958 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
561,494 |
|
$ |
551,958 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
561,494 |
|
$ |
551,958 |
|
|
Section 273.10. PAY EMPLOYEE BENEFITS FUNDS
Accrued Leave Liability Fund Group
8060 |
995666 |
|
Accrued Leave Fund |
|
$ |
72,053,178 |
|
$ |
71,828,986 |
|
|
8070 |
995667 |
|
Disability Fund |
|
$ |
27,616,583 |
|
$ |
26,593,747 |
|
|
TOTAL ALF Accrued Leave Liability
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
99,669,761 |
|
$ |
98,422,733 |
|
|
1240 |
995673 |
|
Payroll Deductions |
|
$ |
855,456,678 |
|
$ |
840,248,559 |
|
|
8080 |
995668 |
|
State Employee Health Benefit Fund |
|
$ |
590,265,468 |
|
$ |
649,292,014 |
|
|
8090 |
995669 |
|
Dependent Care Spending Account |
|
$ |
2,881,273 |
|
$ |
2,967,711 |
|
|
8100 |
995670 |
|
Life Insurance Investment Fund |
|
$ |
2,080,634 |
|
$ |
2,143,053 |
|
|
8110 |
995671 |
|
Parental Leave Benefit Fund |
|
$ |
3,484,737 |
|
$ |
3,355,673 |
|
|
8130 |
995672 |
|
Health Care Spending Account |
|
$ |
8,588,262 |
|
$ |
9,447,088 |
|
|
8140 |
995674 |
|
Cost Savings Days |
|
$ |
50,000,000 |
|
$ |
0 |
|
|
TOTAL AGY Agency Fund Group
| |
$ |
1,512,757,052 |
|
$ |
1,507,454,098 |
|
|
|
|
|
|
|
|
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,612,426,813 |
|
$ |
1,605,876,831 |
|
|
ACCRUED LEAVE LIABILITY FUND
The foregoing appropriation item 995666, Accrued Leave Fund,
shall be used to make payments from the Accrued Leave Liability
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code.
If it is determined by the Director of Budget and Management that
additional amounts are necessary, the amounts are hereby
appropriated.
STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND
The foregoing appropriation item 995667, Disability Fund,
shall be used to make payments from the State Employee Disability
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the
Revised Code. If it is determined by the Director of Budget and
Management that additional amounts are necessary, the amounts are
hereby appropriated.
The foregoing appropriation item 995673, Payroll Deductions,
shall be used to make payments from the Payroll Withholding Fund
(Fund 1240). If it is determined by the Director of Budget and
Management that additional appropriation amounts are necessary,
the amounts are hereby appropriated.
STATE EMPLOYEE HEALTH BENEFIT FUND
The foregoing appropriation item 995668, State Employee
Health Benefit Fund, shall be used to make payments from the State
Employee Health Benefit Fund (Fund 8080) pursuant to section
124.87 of the Revised Code. If it is determined by the Director of
Budget and Management that additional amounts are necessary, the
amounts are hereby appropriated.
DEPENDENT CARE SPENDING FUND
The foregoing appropriation item 995669, Dependent Care
Spending Account, shall be used to make payments from the
Dependent Care Spending Fund (Fund 8090) to employees eligible for
dependent care expenses. If it is determined by the Director of
Budget and Management that additional amounts are necessary, the
amounts are hereby appropriated.
LIFE INSURANCE INVESTMENT FUND
The foregoing appropriation item 995670, Life Insurance
Investment Fund, shall be used to make payments from the Life
Insurance Investment Fund (Fund 8100) for the costs and expenses
of the state's life insurance benefit program pursuant to section
125.212 of the Revised Code. If it is determined by the Director
of Budget and Management that additional amounts are necessary,
the amounts are hereby appropriated.
PARENTAL LEAVE BENEFIT FUND
The foregoing appropriation item 995671, Parental Leave
Benefit Fund, shall be used to make payments from the Parental
Leave Benefit Fund (Fund 8110) to employees eligible for parental
leave benefits pursuant to section 124.137 of the Revised Code. If
it is determined by the Director of Budget and Management that
additional amounts are necessary, the amounts are hereby
appropriated.
HEALTH CARE SPENDING ACCOUNT FUND
The foregoing appropriation item 995672, Health Care Spending
Account, shall be used to make payments from the Health Care
Spending Account Fund (Fund 8130) for payments pursuant to state
employees' participation in a flexible spending account for
non-reimbursed health care expenses and section 124.821 of the
Revised Code. If it is determined by the Director of
Administrative Services that additional appropriation amounts are
necessary, the Director of Administrative Services may request
that the Director of Budget and Management increase such amounts.
Such amounts are hereby appropriated.
At the request of the Director of Administrative Services,
the Director of Budget and Management may transfer up to $600,000
annually from the General Revenue Fund to the Health Care Spending
Account Fund during fiscal years 2012 and 2013. This cash shall be
transferred as needed to provide adequate cash flow for the Health
Care Spending Account Fund during fiscal year 2012 and fiscal year
2013. If funds are available at the end of fiscal years 2012 and
2013, the Director of Budget and Management shall transfer cash up
to the amount previously transferred in the respective year, plus
interest income, from the Health Care Spending Account (Fund 8130)
to the General Revenue Fund.
The foregoing appropriation item, 995674, Cost Savings Days,
shall be used by the Director of Budget and Management in
accordance with division (E) of section 124.392 of the Revised
Code to pay employees who participated in a mandatory cost savings
program, or to reimburse employees who did not fully participate
in a mandatory cost savings program. Notwithstanding any provision
of law to the contrary, in fiscal year 2012 and fiscal year 2013,
the Director may transfer agency savings achieved from the use of
a mandatory cost savings program to the General Revenue Fund or
any other fund as deemed necessary by the Director. The Director
may make temporary transfers from the General Revenue Fund to
ensure sufficient balances in the Cost Savings Fund and may
reimburse the General Revenue Fund for such transfers. If the
Director determines that additional amounts are necessary for
these purposes, the amounts are hereby appropriated.
Section 273.20. CASH TRANSFER TO PAYROLL WITHHOLDING FUND
The Director of Budget and Management may transfer $561,897
in cash from the Health Care Spending Account Fund (Fund 8130) to
the Payroll Withholding Fund (Fund 1240) to correct payments made
from the Payroll Withholding Fund that should have been made from
the Health Care Spending Account Fund.
Section 275.10. ERB STATE EMPLOYMENT RELATIONS BOARD
GRF |
125321 |
|
Operating Expenses |
|
$ |
3,758,869 |
|
$ |
3,761,457 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
3,758,869 |
|
$ |
3,761,457 |
|
|
General Services Fund Group
5720 |
125603 |
|
Training and Publications |
|
$ |
87,075 |
|
$ |
87,075 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
87,075 |
|
$ |
87,075 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
3,845,944 |
|
$ |
3,848,532 |
|
|
Section 277.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS
General Services Fund Group
4K90 |
892609 |
|
Operating Expenses |
|
$ |
934,264 |
|
$ |
921,778 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
934,264 |
|
$ |
921,778 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
934,264 |
|
$ |
921,778 |
|
|
Section 279.10. EPA ENVIRONMENTAL PROTECTION AGENCY
General Services Fund Group
1990 |
715602 |
|
Laboratory Services |
|
$ |
402,295 |
|
$ |
408,560 |
|
|
2190 |
715604 |
|
Central Support Indirect |
|
$ |
8,594,348 |
|
$ |
8,555,680 |
|
|
4A10 |
715640 |
|
Operating Expenses |
|
$ |
2,304,267 |
|
$ |
2,093,039 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
11,300,910 |
|
$ |
11,057,279 |
|
|
Federal Special Revenue Fund Group
3530 |
715612 |
|
Public Water Supply |
|
$ |
2,941,282 |
|
$ |
2,941,282 |
|
|
3540 |
715614 |
|
Hazardous Waste Management - Federal |
|
$ |
4,193,000 |
|
$ |
4,193,000 |
|
|
3570 |
715619 |
|
Air Pollution Control - Federal |
|
$ |
6,310,203 |
|
$ |
6,310,203 |
|
|
3620 |
715605 |
|
Underground Injection Control - Federal |
|
$ |
111,874 |
|
$ |
111,874 |
|
|
3BU0 |
715684 |
|
Water Quality Protection |
|
$ |
8,100,000 |
|
$ |
6,785,000 |
|
|
3CS0 |
715688 |
|
Federal NRD Settlements |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
3F20 |
715630 |
|
Revolving Loan Fund - Operating |
|
$ |
907,543 |
|
$ |
907,543 |
|
|
3F30 |
715632 |
|
Federally Supported Cleanup and Response |
|
$ |
3,344,746 |
|
$ |
3,290,405 |
|
|
3F50 |
715641 |
|
Nonpoint Source Pollution Management |
|
$ |
6,265,000 |
|
$ |
6,260,000 |
|
|
3T30 |
715669 |
|
Drinking Water State Revolving Fund |
|
$ |
2,273,323 |
|
$ |
2,273,323 |
|
|
3V70 |
715606 |
|
Agencywide Grants |
|
$ |
600,000 |
|
$ |
600,000 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
35,146,971 |
|
$ |
33,772,630 |
|
|
State Special Revenue Fund Group
4J00 |
715638 |
|
Underground Injection Control |
|
$ |
445,234 |
|
$ |
445,571 |
|
|
4K20 |
715648 |
|
Clean Air - Non Title V |
|
$ |
3,152,306 |
|
$ |
2,906,267 |
|
|
4K30 |
715649 |
|
Solid Waste |
|
$ |
16,742,551 |
|
$ |
16,414,654 |
|
|
4K40 |
715650 |
|
Surface Water Protection |
|
$ |
7,642,625 |
|
$ |
6,672,246 |
|
|
4K40 |
715686 |
|
Environmental Lab Service |
|
$ |
2,096,007 |
|
$ |
2,096,007 |
|
|
4K50 |
715651 |
|
Drinking Water Protection |
|
$ |
7,410,118 |
|
$ |
7,405,428 |
|
|
4P50 |
715654 |
|
Cozart Landfill |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
4R50 |
715656 |
|
Scrap Tire Management |
|
$ |
1,368,610 |
|
$ |
1,376,742 |
|
|
4R90 |
715658 |
|
Voluntary Action Program |
|
$ |
999,503 |
|
$ |
997,425 |
|
|
4T30 |
715659 |
|
Clean Air - Title V Permit Program |
|
$ |
16,349,471 |
|
$ |
16,241,822 |
|
|
4U70 |
715660 |
|
Construction and Demolition Debris |
|
$ |
425,913 |
|
$ |
433,591 |
|
|
5000 |
715608 |
|
Immediate Removal Special Account |
|
$ |
633,832 |
|
$ |
634,033 |
|
|
5030 |
715621 |
|
Hazardous Waste Facility Management |
|
$ |
10,241,107 |
|
$ |
9,789,620 |
|
|
5050 |
715623 |
|
Hazardous Waste Cleanup |
|
$ |
12,511,234 |
|
$ |
12,331,272 |
|
|
5050 |
715674 |
|
Clean Ohio Environmental Review |
|
$ |
108,104 |
|
$ |
108,104 |
|
|
5410 |
715670 |
|
Site Specific Cleanup |
|
$ |
2,048,101 |
|
$ |
2,048,101 |
|
|
5420 |
715671 |
|
Risk Management Reporting |
|
$ |
132,636 |
|
$ |
132,636 |
|
|
5920 |
715627 |
|
Anti Tampering Settlement |
|
$ |
2,285 |
|
$ |
2,285 |
|
|
5BC0 |
715617 |
|
Clean Ohio |
|
$ |
611,455 |
|
$ |
611,455 |
|
|
5BC0 |
715622 |
|
Local Air Pollution Control |
|
$ |
2,297,980 |
|
$ |
2,297,980 |
|
|
5BC0 |
715624 |
|
Surface Water |
|
$ |
8,970,181 |
|
$ |
9,114,974 |
|
|
5BC0 |
715672 |
|
Air Pollution Control |
|
$ |
4,438,629 |
|
$ |
4,534,758 |
|
|
5BC0 |
715673 |
|
Drinking and Ground Water |
|
$ |
4,317,527 |
|
$ |
4,323,521 |
|
|
5BC0 |
715675 |
|
Hazardous Waste |
|
$ |
95,266 |
|
$ |
95,266 |
|
|
5BC0 |
715676 |
|
Assistance and Prevention |
|
$ |
640,179 |
|
$ |
645,069 |
|
|
5BC0 |
715677 |
|
Laboratory |
|
$ |
939,717 |
|
$ |
958,586 |
|
|
5BC0 |
715678 |
|
Corrective Actions |
|
$ |
31,765 |
|
$ |
105,423 |
|
|
5BC0 |
715687 |
|
Areawide Planning Agencies |
|
$ |
450,000 |
|
$ |
450,000 |
|
|
5BC0 |
715692 |
|
Administration |
|
$ |
8,562,476 |
|
$ |
8,212,627 |
|
|
5BT0 |
715679 |
|
C&DD Groundwater Monitoring |
|
$ |
203,800 |
|
$ |
203,800 |
|
|
5BY0 |
715681 |
|
Auto Emissions Test |
|
$ |
13,029,952 |
|
$ |
13,242,762 |
|
|
5CD0 |
715682 |
|
Clean Diesel School Buses |
|
$ |
600,000 |
|
$ |
600,000 |
|
|
5H40 |
715664 |
|
Groundwater Support |
|
$ |
77,508 |
|
$ |
78,212 |
|
|
5N20 |
715613 |
|
Dredge and Fill |
|
$ |
29,250 |
|
$ |
29,250 |
|
|
5Y30 |
715685 |
|
Surface Water Improvement |
|
$ |
2,800,000 |
|
$ |
2,800,000 |
|
|
6440 |
715631 |
|
ER Radiological Safety |
|
$ |
279,838 |
|
$ |
279,966 |
|
|
6600 |
715629 |
|
Infectious Waste Management |
|
$ |
91,573 |
|
$ |
88,764 |
|
|
6760 |
715642 |
|
Water Pollution Control Loan Administration |
|
$ |
4,317,376 |
|
$ |
4,321,605 |
|
|
6780 |
715635 |
|
Air Toxic Release |
|
$ |
138,669 |
|
$ |
138,669 |
|
|
6790 |
715636 |
|
Emergency Planning |
|
$ |
2,623,192 |
|
$ |
2,623,252 |
|
|
6960 |
715643 |
|
Air Pollution Control Administration |
|
$ |
1,480,651 |
|
$ |
1,480,812 |
|
|
6990 |
715644 |
|
Water Pollution Control Administration |
|
$ |
220,000 |
|
$ |
220,000 |
|
|
6A10 |
715645 |
|
Environmental Education |
|
$ |
1,488,260 |
|
$ |
1,488,718 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
141,144,881 |
|
$ |
139,081,273 |
|
|
Clean Ohio Conservation Fund Group
5S10 |
715607 |
|
Clean Ohio - Operating |
|
$ |
284,083 |
|
$ |
284,124 |
|
|
TOTAL CLF Clean Ohio Conservation Fund Group
| |
$ |
284,083 |
|
$ |
284,124 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
187,876,845 |
|
$ |
184,195,306 |
|
|
AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT
On July 1 of each fiscal year, or as soon as possible
thereafter, the Director of Budget and Management may transfer up
to $13,029,952 in cash in fiscal year 2012, and up to $13,242,762
in cash in fiscal year 2013 from the General Revenue Fund to the
Auto Emissions Test Fund (Fund 5BY0) for the operation and
oversight of the auto emissions testing program.
AREAWIDE PLANNING AGENCIES
The Director of Environmental Protection Agency may award
grants from appropriation item 715687, Areawide Planning Agencies,
to areawide planning agencies engaged in areawide water quality
management and planning activities in accordance with Section 208
of the "Federal Clean Water Act," 33 U.S.C. 1288.
CORRECTIVE CASH TRANSFERS
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $376,891.85 in
cash that was mistakenly deposited in the Clean Air Non Title V
Fund (Fund 4K20) to the Clean Air Title V Permit Fund (Fund 4T30).
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer $133,026.63 in
cash that was mistakenly deposited in the Scrap Tire Management
Fund (Fund 4R50) to the Site Specific Cleanup Fund (Fund 5410).
Section 281.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION
GRF |
172321 |
|
Operating Expenses |
|
$ |
545,530 |
|
$ |
545,530 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
545,530 |
|
$ |
545,530 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
545,530 |
|
$ |
545,530 |
|
|
Section 283.10. ETC ETECH OHIO
GRF |
935401 |
|
Statehouse News Bureau |
|
$ |
215,561 |
|
$ |
215,561 |
|
|
GRF |
935402 |
|
Ohio Government Telecommunications Services |
|
$ |
702,089 |
|
$ |
702,089 |
|
|
GRF |
935408 |
|
General Operations |
|
$ |
1,251,789 |
|
$ |
1,254,193 |
|
|
GRF |
935409 |
|
Technology Operations |
|
$ |
2,092,432 |
|
$ |
2,091,823 |
|
|
GRF |
935410 |
|
Content Development, Acquisition, and Distribution |
|
$ |
2,607,094 |
|
$ |
2,607,094 |
|
|
GRF |
935411 |
|
Technology Integration and Professional Development |
|
$ |
4,251,185 |
|
$ |
4,252,671 |
|
|
GRF |
935412 |
|
Information Technology |
|
$ |
829,340 |
|
$ |
829,963 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
11,949,490 |
|
$ |
11,953,394 |
|
|
General Services Fund Group
4F30 |
935603 |
|
Affiliate Services |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
4T20 |
935605 |
|
Government Television/Telecommunications Operating |
|
$ |
25,000 |
|
$ |
25,000 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
75,000 |
|
$ |
75,000 |
|
|
State Special Revenue Fund Group
4W90 |
935630 |
|
Telecommunity |
|
$ |
25,000 |
|
$ |
25,000 |
|
|
4X10 |
935634 |
|
Distance Learning |
|
$ |
24,150 |
|
$ |
24,150 |
|
|
5D40 |
935640 |
|
Conference/Special Purposes |
|
$ |
2,812,039 |
|
$ |
2,813,539 |
|
|
5FK0 |
935608 |
|
Media Services |
|
$ |
637,601 |
|
$ |
637,956 |
|
|
5JU0 |
935611 |
|
Information Technology Services |
|
$ |
1,455,000 |
|
$ |
1,455,000 |
|
|
5T30 |
935607 |
|
Gates Foundation Grants |
|
$ |
200,000 |
|
$ |
171,112 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
5,153,790 |
|
$ |
5,126,757 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
17,178,280 |
|
$ |
17,155,151 |
|
|
Section 283.20. STATEHOUSE NEWS BUREAU
The foregoing appropriation item 935401, Statehouse News
Bureau, shall be used solely to support the operations of the Ohio
Statehouse News Bureau.
OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES
The foregoing appropriation item 935402, Ohio Government
Telecommunications Services, shall be used solely to support the
operations of Ohio Government Telecommunications Services which
include providing multimedia support to the state government and
its affiliated organizations and broadcasting the activities of
the legislative, judicial, and executive branches of state
government, among its other functions.
The foregoing appropriation item 935409, Technology
Operations, shall be used by eTech Ohio to pay expenses of eTech
Ohio's network infrastructure, which includes the television and
radio transmission infrastructure and infrastructure that shall
link all public K-12 classrooms to each other and to the Internet,
and provide access to voice, video, other communication services,
and data educational resources for students and teachers. The
foregoing appropriation item 935409, Technology Operations, may
also be used to cover student costs for taking advanced placement
courses and courses that the Chancellor of the Board of Regents
has determined to be eligible for postsecondary credit through the
Ohio Learns Gateway. To the extent that funds remain available for
this purpose, public school students taking advanced placement or
postsecondary courses through the OhioLearns Gateway shall be
eligible to receive a fee waiver to cover the cost of
participating in one course. The fee waivers shall be distributed
until the funds appropriated to support the waivers have been
exhausted.
CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION
The foregoing appropriation item 935410, Content Development,
Acquisition, and Distribution, shall be used for the development,
acquisition, and distribution of information resources by public
media and radio reading services and for educational use in the
classroom and online.
Of the foregoing appropriation item 935410, Content
Development, Acquisition, and Distribution, up to $658,099 in each
fiscal year shall be allocated equally among the 12 Ohio
educational television stations and used with the advice and
approval of eTech Ohio. Funds shall be used for the production of
interactive instructional programming series with priority given
to resources aligned with state academic content standards in
consultation with the Ohio Department of Education and for
teleconferences to support eTech Ohio. The programming shall be
targeted to the needs of the poorest two hundred school districts
as determined by the district's adjusted valuation per pupil as
defined in former section 3317.0213 of the Revised Code as that
section existed prior to June 30, 2005.
Of the foregoing appropriation item 935410, Content
Development, Acquisition, and Distribution, up to $1,749,283 in
each fiscal year shall be distributed by eTech Ohio to Ohio's
qualified public educational television stations and educational
radio stations to support their operations. The funds shall be
distributed pursuant to an allocation formula used by the Ohio
Educational Telecommunications Network Commission unless a
substitute formula is developed by eTech Ohio in consultation with
Ohio's qualified public educational television stations and
educational radio stations.
Of the foregoing appropriation item 935410, Content
Development, Acquisition, and Distribution, up to $199,712 in each
fiscal year shall be distributed by eTech Ohio to Ohio's qualified
radio reading services to support their operations. The funds
shall be distributed pursuant to an allocation formula used by the
Ohio Educational Telecommunications Network Commission unless a
substitute formula is developed by eTech Ohio in consultation with
Ohio's qualified radio reading services.
Section 283.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL
DEVELOPMENT
The foregoing appropriation item 935411, Technology
Integration and Professional Development, shall be used by eTech
Ohio for the provision of staff development, hardware, software,
telecommunications services, and information resources to support
educational uses of technology in the classroom and at a distance
and for professional development for teachers, administrators, and
technology staff on the use of educational technology in
qualifying public schools, including the State School for the
Blind, the State School for the Deaf, and the Department of Youth
Services.
Of the foregoing appropriation item 935411, Technology
Integration and Professional Development, up to $1,691,701 in each
fiscal year shall be used by eTech Ohio to contract with
educational television to provide Ohio public schools with
instructional resources and services with priority given to
resources and services aligned with state academic content
standards and such resources and services shall be based upon the
advice and approval of eTech Ohio, based on a formula used by the
Ohio SchoolNet Commission unless and until a substitute formula is
developed by eTech Ohio in consultation with Ohio's educational
technology agencies and noncommercial educational television
stations.
Section 283.40. TELECOMMUNITY
The foregoing appropriation item 935630, Telecommunity, shall
be distributed by eTech Ohio on a grant basis to eligible school
districts to establish "distance learning" through interactive
video technologies in the school district. Per agreements with
eight Ohio local telephone companies, ALLTEL Ohio, CENTURY
Telephone of Ohio, Chillicothe Telephone Company, Cincinnati Bell
Telephone Company, Orwell Telephone Company, Sprint North Central
Telephone, VERIZON, and Western Reserve Telephone Company, school
districts are eligible for funds if they are within one of the
listed telephone company service areas. Funds to administer the
program shall be expended by eTech Ohio up to the amount specified
in the agreements with the listed telephone companies.
Within thirty days after the effective date of this section,
the Director of Budget and Management shall transfer to Fund 4W90
in the State Special Revenue Fund Group any investment earnings
from moneys paid by any telephone company as part of any
settlement agreement between the listed companies and the Public
Utilities Commission in fiscal years 1996 and beyond.
The foregoing appropriation item 935634, Distance Learning,
shall be distributed by eTech Ohio on a grant basis to eligible
school districts to establish "distance learning" in the school
district. Per an agreement with Ameritech, school districts are
eligible for funds if they are within an Ameritech service area.
Funds to administer the program shall be expended by eTech Ohio up
to the amount specified in the agreement with Ameritech.
Within thirty days after the effective date of this section,
the Director of Budget and Management shall transfer to Fund 4X10
in the State Special Revenue Fund Group any investment earnings
from moneys paid by any telephone company as part of a settlement
agreement between the company and the Public Utilities Commission
in fiscal year 1995.
The foregoing appropriation item 935607, Gates Foundation
Grants, shall be used by eTech Ohio to provide professional
development to school district principals, superintendents, and
other administrative staff on the use of education technology.
Section 285.10. ETH OHIO ETHICS COMMISSION
GRF |
146321 |
|
Operating Expenses |
|
$ |
1,409,751 |
|
$ |
1,409,751 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
1,409,751 |
|
$ |
1,409,751 |
|
|
General Services Fund Group
4M60 |
146601 |
|
Operating Expenses |
|
$ |
827,393 |
|
$ |
827,393 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
827,393 |
|
$ |
827,393 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
2,237,144 |
|
$ |
2,237,144 |
|
|
ETHICS COMMISSION CASINO-RELATED ACTIVITIES
On July 1, 2011, or as soon as possible thereafter, an amount
equal to the unexpended and unencumbered balance of appropriation
item 146602, Casino Investigations, at the end of fiscal year 2011
is hereby reappropriated to the same appropriation item for fiscal
year 2012, to be used for the performance of the Ohio Ethics
Commission's casino-related duties.
Section 287.10. EXP OHIO EXPOSITIONS COMMISSION
GRF |
723403 |
|
Junior Fair Subsidy |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
50,000 |
|
$ |
50,000 |
|
|
State Special Revenue Fund Group
4N20 |
723602 |
|
Ohio State Fair Harness Racing |
|
$ |
400,000 |
|
$ |
400,000 |
|
|
5060 |
723601 |
|
Operating Expenses |
|
$ |
12,991,000 |
|
$ |
12,894,000 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
13,391,000 |
|
$ |
13,294,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
13,441,000 |
|
$ |
13,344,000 |
|
|
The General Manager of the Expositions Commission may submit
a request to the Controlling Board to use available amounts in the
State Fair Reserve Fund (Fund 6400) if the following conditions
apply:
(A) Admissions receipts for the 2011 or 2012 Ohio State Fair
are less than $1,982,000 because of inclement weather or
extraordinary circumstances;
(B) The Ohio Expositions Commission declares a state of
fiscal exigency; and
(C) The request contains a plan describing how the
Expositions Commission will eliminate the cash shortage causing
the request.
The amount approved by the Controlling Board is hereby
appropriated.
Section 289.10. GOV OFFICE OF THE GOVERNOR
GRF |
040321 |
|
Operating Expenses |
|
$ |
2,679,886 |
|
$ |
2,682,632 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
2,679,886 |
|
$ |
2,682,632 |
|
|
General Services Fund Group
5AK0 |
040607 |
|
Government Relations |
|
$ |
365,149 |
|
$ |
365,149 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
365,149 |
|
$ |
365,149 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
3,045,035 |
|
$ |
3,047,781 |
|
|
A portion of the foregoing appropriation item 040607,
Government Relations, may be used to support Ohio's membership in
national or regional associations.
The Office of the Governor may charge any state agency of the
executive branch using an intrastate transfer voucher such amounts
necessary to defray the costs incurred for the conduct of
governmental relations associated with issues that can be
attributed to the agency. Amounts collected shall be deposited in
the Government Relations Fund (Fund 5AK0).
Section 291.10. DOH DEPARTMENT OF HEALTH
GRF |
440412 |
|
Cancer Incidence Surveillance System |
|
$ |
600,000 |
|
$ |
600,000 |
|
|
GRF |
440413 |
|
Local Health Department Support |
|
$ |
2,302,788 |
|
$ |
2,303,061 |
|
|
GRF |
440416 |
|
Mothers and Children Safety Net Services |
|
$ |
4,227,842 |
|
$ |
4,228,015 |
|
|
GRF |
440418 |
|
Immunizations |
|
$ |
6,430,538 |
|
$ |
6,430,829 |
|
|
GRF |
440431 |
|
Free Clinics Safety Net Services |
|
$ |
387,326 |
|
$ |
387,326 |
|
|
GRF |
440438 |
|
Breast and Cervical Cancer Screening |
|
$ |
708,539 |
|
$ |
708,539 |
|
|
GRF |
440444 |
|
AIDS Prevention and Treatment |
|
$ |
5,342,315 |
|
$ |
5,342,315 |
|
|
GRF |
440451 |
|
Public Health Laboratory |
|
$ |
3,654,348 |
|
$ |
3,655,449 |
|
|
GRF |
440452 |
|
Child and Family Health Services Match |
|
$ |
630,390 |
|
$ |
630,444 |
|
|
GRF |
440453 |
|
Health Care Quality Assurance |
|
$ |
8,170,694 |
|
$ |
8,174,361 |
|
|
GRF |
440454 |
|
Local Environmental Health |
|
$ |
1,135,141 |
|
$ |
1,135,362 |
|
|
GRF |
440459 |
|
Help Me Grow |
|
$ |
32,173,987 |
|
$ |
32,173,987 |
|
|
GRF |
440465 |
|
Federally Qualified Health Centers |
|
$ |
458,688 |
|
$ |
2,686,688 |
|
|
GRF |
440467 |
|
Access to Dental Care |
|
$ |
540,484 |
|
$ |
540,484 |
|
|
GRF |
440468 |
|
Chronic Disease and Injury Prevention |
|
$ |
2,577,251 |
|
$ |
2,577,251 |
|
|
GRF |
440472 |
|
Alcohol Testing |
|
$ |
500,000 |
|
$ |
1,000,000 |
|
|
GRF |
440505 |
|
Medically Handicapped Children |
|
$ |
7,512,451 |
|
$ |
7,512,451 |
|
|
GRF |
440507 |
|
Targeted Health Care Services Over 21 |
|
$ |
1,045,414 |
|
$ |
1,045,414 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
78,398,196 |
|
$ |
81,131,976 |
|
|
State Highway Safety Fund Group
4T40 |
440603 |
|
Child Highway Safety |
|
$ |
233,894 |
|
$ |
233,894 |
|
|
TOTAL HSF State Highway Safety
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
233,894 |
|
$ |
233,894 |
|
|
General Services Fund Group
1420 |
440646 |
|
Agency Health Services |
|
$ |
8,825,788 |
|
$ |
8,826,146 |
|
|
2110 |
440613 |
|
Central Support Indirect Costs |
|
$ |
31,052,756 |
|
$ |
30,720,419 |
|
|
4730 |
440622 |
|
Lab Operating Expenses |
|
$ |
5,599,538 |
|
$ |
5,600,598 |
|
|
5HB0 |
440470 |
|
Breast and Cervical Cancer Screening |
|
$ |
1,000,000 |
|
$ |
0 |
|
|
6830 |
440633 |
|
Employee Assistance Program |
|
$ |
1,259,475 |
|
$ |
1,241,147 |
|
|
6980 |
440634 |
|
Nurse Aide Training |
|
$ |
99,239 |
|
$ |
99,265 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
47,836,796 |
|
$ |
46,487,575 |
|
|
Federal Special Revenue Fund Group
3200 |
440601 |
|
Maternal Child Health Block Grant |
|
$ |
27,068,886 |
|
$ |
27,068,886 |
|
|
3870 |
440602 |
|
Preventive Health Block Grant |
|
$ |
7,826,659 |
|
$ |
7,826,659 |
|
|
3890 |
440604 |
|
Women, Infants, and Children |
|
$ |
308,672,689 |
|
$ |
308,672,689 |
|
|
3910 |
440606 |
|
Medicaid/Medicare |
|
$ |
29,625,467 |
|
$ |
29,257,457 |
|
|
3920 |
440618 |
|
Federal Public Health Programs |
|
$ |
137,976,988 |
|
$ |
137,976,988 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
511,170,689 |
|
$ |
510,802,679 |
|
|
State Special Revenue Fund Group
4700 |
440647 |
|
Fee Supported Programs |
|
$ |
24,503,065 |
|
$ |
24,513,973 |
|
|
4710 |
440619 |
|
Certificate of Need |
|
$ |
878,145 |
|
$ |
878,433 |
|
|
4770 |
440627 |
|
Medically Handicapped Children Audit |
|
$ |
3,692,704 |
|
$ |
3,692,703 |
|
|
4D60 |
440608 |
|
Genetics Services |
|
$ |
3,310,953 |
|
$ |
3,311,039 |
|
|
4F90 |
440610 |
|
Sickle Cell Disease Control |
|
$ |
1,032,754 |
|
$ |
1,032,824 |
|
|
4G00 |
440636 |
|
Heirloom Birth Certificate |
|
$ |
5,000 |
|
$ |
5,000 |
|
|
4G00 |
440637 |
|
Birth Certificate Surcharge |
|
$ |
5,000 |
|
$ |
5,000 |
|
|
4L30 |
440609 |
|
Miscellaneous Expenses |
|
$ |
3,333,164 |
|
$ |
3,333,164 |
|
|
4P40 |
440628 |
|
Ohio Physician Loan Repayment |
|
$ |
476,870 |
|
$ |
476,870 |
|
|
4V60 |
440641 |
|
Save Our Sight |
|
$ |
2,255,760 |
|
$ |
2,255,789 |
|
|
5B50 |
440616 |
|
Quality, Monitoring, and Inspection |
|
$ |
878,638 |
|
$ |
878,997 |
|
|
5C00 |
440615 |
|
Alcohol Testing and Permit |
|
$ |
551,018 |
|
$ |
0 |
|
|
5CN0 |
440645 |
|
Choose Life |
|
$ |
75,000 |
|
$ |
75,000 |
|
|
5D60 |
440620 |
|
Second Chance Trust |
|
$ |
1,151,815 |
|
$ |
1,151,902 |
|
|
5ED0 |
440651 |
|
Smoke Free Indoor Air |
|
$ |
190,452 |
|
$ |
190,452 |
|
|
5G40 |
440639 |
|
Adoption Services |
|
$ |
20,000 |
|
$ |
20,000 |
|
|
5L10 |
440623 |
|
Nursing Facility Technical Assistance Program |
|
$ |
687,500 |
|
$ |
687,528 |
|
|
5Z70 |
440624 |
|
Ohio Dentist Loan Repayment |
|
$ |
140,000 |
|
$ |
140,000 |
|
|
6100 |
440626 |
|
Radiation Emergency Response |
|
$ |
930,525 |
|
$ |
930,576 |
|
|
6660 |
440607 |
|
Medically Handicapped Children - County Assessments |
|
$ |
19,738,286 |
|
$ |
19,739,617 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
63,856,649 |
|
$ |
63,318,867 |
|
|
Holding Account Redistribution Fund Group
R014 |
440631 |
|
Vital Statistics |
|
$ |
44,986 |
|
$ |
44,986 |
|
|
R048 |
440625 |
|
Refunds, Grants Reconciliation, and Audit Settlements |
|
$ |
20,000 |
|
$ |
20,000 |
|
|
TOTAL 090 Holding Account
| |
|
|
|
|
|
|
|
Redistribution Fund Group
| |
$ |
64,986 |
|
$ |
64,986 |
|
|
Tobacco Master Settlement Agreement Fund Group
5BX0 |
440656 |
|
Tobacco Use Prevention |
|
$ |
1,000,000 |
|
$ |
0 |
|
|
TOTAL TSF Tobacco Master Settlement Agreement Fund Group
| |
$ |
1,000,000 |
|
$ |
0 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
702,561,210 |
|
$ |
702,039,977 |
|
|
Section 291.20. HIV/AIDS PREVENTION/TREATMENT
The foregoing appropriation item 440444, AIDS Prevention and
Treatment, shall be used to assist persons with HIV/AIDS in
acquiring HIV-related medications and to administer educational
prevention initiatives.
A portion of the foregoing appropriation item 440451, Public
Health Laboratory, shall be used for coordination and management
of prevention program operations and the purchase of drugs for
sexually transmitted diseases.
The foregoing appropriation item 440459, Help Me Grow, shall
be used by the Department of Health to distribute subsidies to
counties to implement the Help Me Grow Program. Appropriation item
440459, Help Me Grow, may be used in conjunction with Early
Intervention funding from the Department of Developmental
Disabilities, and in conjunction with other early childhood funds
and services to promote the optimal development of young children
and family-centered programs and services that acknowledge and
support the social, emotional, cognitive, intellectual, and
physical development of children and the vital role of families in
ensuring the well-being and success of children. The Department of
Health shall enter into an interagency agreement with the
Department of Education, Department of Developmental Disabilities,
Department of Job and Family Services, and Department of Mental
Health to ensure that all early childhood programs and initiatives
are coordinated and school linked.
Of the foregoing appropriation item 440459, Help Me Grow, if
a county Family and Children First Council selects home-visiting
programs, the home-visiting program shall only be eligible for
funding if it serves pregnant women, or parents or other primary
caregivers and the parent or other primary caregiver's child or
children under three years of age, through quality programs of
early childhood home visitation and if the home visitations are
performed by nurses, social workers, child development specialists
or other well-trained and competent staff, as demonstrated by
education or training and the provision of ongoing specific
training and supervision in the model of service being delivered.
The home-visiting program also shall be required to have outcome
and research standards that demonstrate ongoing positive outcomes
for children, parents, and other primary caregivers that enhance
child health and development, and conform to a clear consistent
home visitation model that has been in existence for at least
three years. The home visitation model shall be research-based;
grounded in relevant, empirically based knowledge; linked to
program-determined outcomes; associated with a national
organization or institution of higher education that has
comprehensive home visitation program standards that ensure high
quality service delivery and continuous program improvement; and
have demonstrated significant positive outcomes when evaluated
using well-designed and rigorous randomized, controlled, or
quasi-experimental research designs, and the evaluation results
have been published in a peer-reviewed journal.
The foregoing appropriation item 440459, Help Me Grow, may
also be used for the Developmental Autism and Screening Program.
FEDERALLY QUALIFIED HEALTH CENTERS
For fiscal year 2012, any undisbursed funds previously
provided under subsidy agreements between the Department of Health
and the Ohio Association of Community Health Centers, or its
predecessor organization, pursuant to section 183.18 of the
Revised Code, shall be available to federally qualified health
centers in the same manner as those funds in appropriation item
440465, Federally Qualified Health Centers.
TARGETED HEALTH CARE SERVICES OVER 21
The foregoing appropriation item 440507, Targeted Health Care
Services Over 21, shall be used to administer the Cystic Fibrosis
Program and to implement the Hemophilia Insurance Premium Payment
Program.
The foregoing appropriation item 440507, Targeted Health Care
Services Over 21, shall also be used to provide essential
medications and to pay the copayments for drugs approved by the
Department of Health and covered by Medicare Part D that are
dispensed to Bureau for Children with Medical Handicaps (BCMH)
participants for the Cystic Fibrosis Program.
The Department shall expend all of these funds.
The foregoing appropriation item 440608, Genetics Services
(Fund 4D60), shall be used by the Department of Health to
administer programs authorized by sections 3701.501 and 3701.502
of the Revised Code. None of these funds shall be used to counsel
or refer for abortion, except in the case of a medical emergency.
MEDICALLY HANDICAPPED CHILDREN AUDIT
The Medically Handicapped Children Audit Fund (Fund 4770)
shall receive revenue from audits of hospitals and recoveries from
third-party payers. Moneys may be expended for payment of audit
settlements and for costs directly related to obtaining recoveries
from third-party payers and for encouraging Medically Handicapped
Children's Program recipients to apply for third-party benefits.
Moneys also may be expended for payments for diagnostic and
treatment services on behalf of medically handicapped children, as
defined in division (A) of section 3701.022 of the Revised Code,
and Ohio residents who are twenty-one or more years of age and who
are suffering from cystic fibrosis or hemophilia. Moneys may also
be expended for administrative expenses incurred in operating the
Medically Handicapped Children's Program.
CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND
PERMIT FUND
The Director of Budget and Management may transfer up to
$551,018 in cash from the Liquor Control Fund (Fund 7043) to the
Alcohol Testing and Permit Fund (Fund 5C00) in fiscal year 2012 to
meet the operating needs of the Alcohol Testing and Permit
Program.
The Director of Budget and Management may transfer up to
$551,018 in cash in fiscal year 2012 to the Alcohol Testing and
Permit Fund (Fund 5C00) from the Liquor Control Fund (Fund 7043)
created in section 4301.12 of the Revised Code determined by a
transfer schedule set by the Department of Health.
MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS
The foregoing appropriation item 440607, Medically
Handicapped Children - County Assessments (Fund 6660), shall be
used to make payments under division (E) of section 3701.023 of
the Revised Code.
NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management may transfer, cash from the
Resident Protection Fund (Fund 4E30), which is used by the Ohio
Department of Job and Family Services, to the Nursing Facility
Technical Assistance Program Fund (Fund 5L10), which is used by
the Ohio Department of Health, to be used under section 3721.026
of the Revised Code. The transfers shall be up to $698,595 in each
fiscal year of the biennium.
Section 291.30. EARLY INTERVENTION WORKGROUP
(A) The Department of Health shall convene a workgroup to
develop recommendations for eligibility criteria for early
intervention services to be provided pursuant to Part C of the
"Individuals with Disability Education Act," 118 Stat. 2744
(2004), 20 U.S.C. 1431 et seq. The recommendations shall be based
on available funds and national data related to the identification
of infants and toddlers who have developmental delays or are most
at risk for developmental delays and, in either case, would
benefit from early intervention services.
(B) The workgroup shall be facilitated by the Department and
shall be composed of all of the following members:
(1) A representative from the Department of Developmental
Disabilities;
(2) A representative from the Department of Education;
(3) A representative from the Department of Mental Health;
(4) A representative from the Help Me Grow Advisory Council;
(5) A parent member of the Help Me Grow Advisory Council;
(6) A representative from the Ohio Family and Children First
Cabinet Council;
(7) A representative from the Ohio Family and Children First
Association;
(8) A county Help Me Grow project director;
(9) A representative from the Ohio Council of Behavioral
Health and Family Services Providers;
(10) A representative from the Ohio Association for Infant
Mental Health;
(11) A representative from the Ohio Association of County
Boards of Developmental Disabilities;
(12) A representative from the Ohio Superintendents of County
Boards of Developmental Disabilities;
(13) A representative from the Ohio chapter of the American
Academy of Pediatrics;
(14) A public health nurse from a board of health of a city
or general health district, or an authority having the duties of a
board of health;
(15) A representative from the Department of Job and Family
Services.
(C)(1) October 1, 2011, is the latest date by which the
workgroup may submit to the Director of Health its recommendations
for eligibility criteria for Part C early intervention services.
If recommendations are submitted, the Director may accept the
recommendations in whole or in part and implement eligibility
criteria accordingly.
(2) If the workgroup does not submit recommendations by
October 1, 2011, the Director shall implement eligibility criteria
for Part C early intervention services. The eligibility criteria
shall be based on available funds and, at most, may include
following:
(a) Children who demonstrate a developmental delay at or
exceeding 2.0 standard deviations below the mean in one or more
areas of development on a norm-referenced tool approved by the
Department;
(b) Children who have a medical diagnosis that falls into one
or more of the following categories: genetic disorders, sensory
impairments, motor impairments, neurological disorders,
significant neuro-developmental disorders, medically related
disorders, or acquired trauma-related disorders;
(c) Children who, based on informed clinical opinion, are not
eligible under either of the categories specified in division
(C)(2)(a) or (b) of this section, except that any such child may
receive services pursuant to this category for not more than one
hundred eighty days.
(D) The workgroup shall cease to exist on October 1, 2011.
Section 291.40. CERTIFICATE OF NEED FOR NEW NURSING HOME
(A) As used in this section:
"Nursing home" and "residential care facility" have the same
meanings as in section 3721.01 of the Revised Code.
"Population" means that shown by the 2000 regular federal
census.
(B) The Director of Health shall accept, for review under
section 3702.52 of the Revised Code, a certificate of need
application for the establishment, development, and construction
of a new nursing home if all of the following conditions are met:
(1) The application is submitted to the Director not later
than one hundred eighty days after the effective date of this
section.
(2) The new nursing home is to be located in a county that
has a population of at least thirty thousand persons and not more
than forty-one thousand persons.
(3) The new nursing home is to be located on a campus that
has been in operation for at least twelve years and both of the
following are also located on the campus on the effective date of
this section:
(a) At least one existing residential care facility with at
least twenty-five residents;
(b) At least one existing independent living dwelling for
seniors with at least seventy-five residents.
(4) The new nursing home is to have not more than thirty beds
to which both of the following apply:
(a) All of the beds are to be transferred from an existing
nursing home in the state.
(b) All of the beds are proposed to be licensed as nursing
home beds under Chapter 3721. of the Revised Code.
(C) In reviewing certificate of need applications accepted
under this section, the Director shall neither deny an application
on the grounds that the new nursing home is to have less than
fifty beds nor require an applicant to obtain a waiver of the
minimum fifty-bed requirement established by division (I) of rule
3701-12-23 of the Administrative Code.
Section 293.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION
4610 |
372601 |
|
Operating Expenses |
|
$ |
30,000 |
|
$ |
30,000 |
|
|
TOTAL AGY Agency Fund Group
| |
$ |
30,000 |
|
$ |
30,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
30,000 |
|
$ |
30,000 |
|
|
Section 295.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS
GRF |
148100 |
|
Personal Services |
|
$ |
230,000 |
|
$ |
230,000 |
|
|
GRF |
148200 |
|
Maintenance |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
GRF |
148402 |
|
Community Projects |
|
$ |
37,005 |
|
$ |
44,922 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
317,005 |
|
$ |
324,922 |
|
|
General Services Fund Group
6010 |
148602 |
|
Gifts and Miscellaneous |
|
$ |
4,558 |
|
$ |
4,558 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
4,558 |
|
$ |
4,558 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
321,563 |
|
$ |
329,480 |
|
|
Section 297.10. OHS OHIO HISTORICAL SOCIETY
GRF |
360501 |
|
Education and Collections |
|
$ |
2,368,997 |
|
$ |
2,368,997 |
|
|
GRF |
360502 |
|
Site and Museum Operations |
|
$ |
3,926,288 |
|
$ |
3,926,288 |
|
|
GRF |
360504 |
|
Ohio Preservation Office |
|
$ |
290,000 |
|
$ |
290,000 |
|
|
GRF |
360505 |
|
National Afro-American Museum |
|
$ |
414,798 |
|
$ |
414,798 |
|
|
GRF |
360506 |
|
Hayes Presidential Center |
|
$ |
281,043 |
|
$ |
281,043 |
|
|
GRF |
360508 |
|
State Historical Grants |
|
$ |
390,570 |
|
$ |
390,570 |
|
|
GRF |
360509 |
|
Outreach and Partnership |
|
$ |
90,395 |
|
$ |
90,395 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
7,762,091 |
|
$ |
7,762,091 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
7,762,091 |
|
$ |
7,762,091 |
|
|
Upon approval by the Director of Budget and Management, the
foregoing appropriation items shall be released to the Ohio
Historical Society in quarterly amounts that in total do not
exceed the annual appropriations. The funds and fiscal records of
the society for fiscal year 2012 and fiscal year 2013 shall be
examined by independent certified public accountants approved by
the Auditor of State, and a copy of the audited financial
statements shall be filed with the Office of Budget and
Management. The society shall prepare and submit to the Office of
Budget and Management the following:
(A) An estimated operating budget for each fiscal year of the
biennium. The operating budget shall be submitted at or near the
beginning of each calendar year.
(B) Financial reports, indicating actual receipts and
expenditures for the fiscal year to date. These reports shall be
filed at least semiannually during the fiscal biennium.
The foregoing appropriations shall be considered to be the
contractual consideration provided by the state to support the
state's offer to contract with the Ohio Historical Society under
section 149.30 of the Revised Code.
HAYES PRESIDENTIAL CENTER
If a United States government agency, including, but not
limited to, the National Park Service, chooses to take over the
operations or maintenance of the Hayes Presidential Center, in
whole or in part, the Ohio Historical Society shall make
arrangements with the National Park Service or other United States
government agency for the efficient transfer of operations or
maintenance.
Section 299.10. REP OHIO HOUSE OF REPRESENTATIVES
GRF |
025321 |
|
Operating Expenses |
|
$ |
18,517,093 |
|
$ |
18,517,093 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
18,517,093 |
|
$ |
18,517,093 |
|
|
General Services Fund Group
1030 |
025601 |
|
House Reimbursement |
|
$ |
1,433,664 |
|
$ |
1,433,664 |
|
|
4A40 |
025602 |
|
Miscellaneous Sales |
|
$ |
37,849 |
|
$ |
37,849 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
1,471,513 |
|
$ |
1,471,513 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
19,988,606 |
|
$ |
19,988,606 |
|
|
On July 1, 2011, or as soon as possible thereafter, the Clerk
of the House of Representatives may certify to the Director of
Budget and Management the amount of the unexpended, unencumbered
balance of the foregoing appropriation item 025321, Operating
Expenses, at the end of fiscal year 2011 to be reappropriated to
fiscal year 2012. The amount certified is hereby reappropriated to
the same appropriation item for fiscal year 2012.
On July 1, 2012, or as soon as possible thereafter, the Clerk
of the House of Representatives may certify to the Director of
Budget and Management the amount of the unexpended, unencumbered
balance of the foregoing appropriation item 025321, Operating
Expenses, at the end of fiscal year 2012 to be reappropriated to
fiscal year 2013. The amount certified is hereby reappropriated to
the same appropriation item for fiscal year 2013.
Section 303.10. HFA OHIO HOUSING FINANCE AGENCY
5AZ0 |
997601 |
|
Housing Finance Agency Personal Services |
|
$ |
12,636,646 |
|
$ |
12,405,084 |
|
|
TOTAL AGY Agency Fund Group
| |
$ |
12,636,646 |
|
$ |
12,405,084 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
12,636,646 |
|
$ |
12,405,084 |
|
|
Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL
GRF |
965321 |
|
Operating Expenses |
|
$ |
1,124,663 |
|
$ |
1,125,598 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
1,124,663 |
|
$ |
1,125,598 |
|
|
General Services Fund Group
5FA0 |
965603 |
|
Deputy Inspector General for ODOT |
|
$ |
400,000 |
|
$ |
400,000 |
|
|
5FT0 |
965604 |
|
Deputy Inspector General for BWC/OIC |
|
$ |
425,000 |
|
$ |
425,000 |
|
|
5GI0 |
965605 |
|
Deputy Inspector General for ARRA |
|
$ |
520,837 |
|
$ |
521,535 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
1,345,837 |
|
$ |
1,346,535 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
2,470,500 |
|
$ |
2,472,133 |
|
|
IGO CASINO-RELATED ACTIVITIES
On July 1, 2011, or as soon as possible thereafter, an amount
equal to the unexpended, unencumbered balance of appropriation
item 965609, Casino Investigations, at the end of fiscal year 2011
is hereby reappropriated to the same appropriation item for fiscal
year 2012, to be used for the performance of the Inspector
General's casino-related duties.
DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED THROUGH THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
On July 1, 2011, and on January 1, 2012, or as soon as
possible thereafter, the Director of Budget and Management shall
transfer $225,000 in cash, for each period, from the General
Revenue Fund to the Deputy Inspector General for Funds Received
through the American Recovery and Reinvestment Act of 2009 Fund
(Fund 5GI0), which is created in section 121.53 of the Revised
Code.
On July 1, 2012, and on January 1, 2013, or as soon as
possible thereafter, the Director of Budget and Management shall
transfer $225,000 in cash, for each period, from the General
Revenue Fund to the Deputy Inspector General for Funds Received
through the American Recovery and Reinvestment Act of 2009 Fund
(Fund 5GI0).
Section 307.10. INS DEPARTMENT OF INSURANCE
Federal Special Revenue Fund Group
3EV0 |
820610 |
|
Health Insurance Premium Review |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
3EW0 |
820611 |
|
Health Exchange Planning |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
3U50 |
820602 |
|
OSHIIP Operating Grant |
|
$ |
2,270,726 |
|
$ |
2,270,725 |
|
|
TOTAL FED Federal Special
| |
|
|
|
|
|
|
|
Revenue Fund Group
| |
$ |
4,270,726 |
|
$ |
4,270,725 |
|
|
State Special Revenue Fund Group
5540 |
820601 |
|
Operating Expenses - OSHIIP |
|
$ |
190,000 |
|
$ |
180,000 |
|
|
5540 |
820606 |
|
Operating Expenses |
|
$ |
22,745,538 |
|
$ |
22,288,550 |
|
|
5550 |
820605 |
|
Examination |
|
$ |
9,065,684 |
|
$ |
8,934,065 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
32,001,222 |
|
$ |
31,402,615 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
36,271,948 |
|
$ |
35,673,340 |
|
|
MARKET CONDUCT EXAMINATION
When conducting a market conduct examination of any insurer
doing business in this state, the Superintendent of Insurance may
assess the costs of the examination against the insurer. The
superintendent may enter into consent agreements to impose
administrative assessments or fines for conduct discovered that
may be violations of statutes or rules administered by the
superintendent. All costs, assessments, or fines collected shall
be deposited to the credit of the Department of Insurance
Operating Fund (Fund 5540).
EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES
The Director of Budget and Management, at the request of the
Superintendent of Insurance, may transfer funds from the
Department of Insurance Operating Fund (Fund 5540), established by
section 3901.021 of the Revised Code, to the Superintendent's
Examination Fund (Fund 5550), established by section 3901.071 of
the Revised Code, only for expenses incurred in examining domestic
fraternal benefit societies as required by section 3921.28 of the
Revised Code.
TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND
Not later than the thirty-first day of July each fiscal year,
the Director of Budget and Management shall transfer $5,000,000
from the Department of Insurance Operating Fund (Fund 5540) to the
General Revenue Fund.
Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES
GRF |
600321 |
|
Support Services |
|
|
|
|
|
|
|
|
|
|
|
State |
|
$ |
34,801,760 |
|
$ |
31,932,117 |
|
|
|
|
|
Federal |
|
$ |
9,322,222 |
|
$ |
9,207,441 |
|
|
|
|
|
Support Services Total |
|
$ |
44,123,982 |
|
$ |
41,139,558 |
|
|
GRF |
600410 |
|
TANF State |
|
$ |
161,298,234 |
|
$ |
161,298,234 |
|
|
GRF |
600413 |
|
Child Care Match/Maintenance of Effort |
|
$ |
84,732,730 |
|
$ |
84,732,730 |
|
|
GRF |
600416 |
|
Computer Projects |
|
|
|
|
|
|
|
|
|
|
|
State |
|
$ |
67,955,340 |
|
$ |
69,263,506 |
|
|
|
|
|
Federal |
|
$ |
13,105,167 |
|
$ |
12,937,222 |
|
|
|
|
|
Computer Projects Total |
|
$ |
81,060,507 |
|
$ |
82,200,728 |
|
|
GRF |
600417 |
|
Medicaid Provider Audits |
|
$ |
1,312,992 |
|
$ |
1,312,992 |
|
|
GRF |
600420 |
|
Child Support Administration |
|
$ |
6,163,534 |
|
$ |
6,065,588 |
|
|
GRF |
600421 |
|
Office of Family Stability |
|
$ |
3,768,929 |
|
$ |
3,757,493 |
|
|
GRF |
600423 |
|
Office of Children and Families |
|
$ |
5,123,406 |
|
$ |
4,978,756 |
|
|
GRF |
600425 |
|
Office of Ohio Health Plans |
|
|
|
|
|
|
|
|
|
|
|
State |
|
$ |
13,149,582 |
|
$ |
15,740,987 |
|
|
|
|
|
Federal |
|
$ |
12,556,921 |
|
$ |
12,286,234 |
|
|
|
|
|
Office of Ohio Health Plans Total |
|
$ |
25,706,503 |
|
$ |
28,027,221 |
|
|
GRF |
600502 |
|
Administration - Local |
|
$ |
16,814,103 |
|
$ |
16,814,103 |
|
|
GRF |
600511 |
|
Disability Financial Assistance |
|
$ |
26,599,666 |
|
$ |
27,108,734 |
|
|
GRF |
600521 |
|
Entitlement Administration - Local |
|
$ |
72,200,721 |
|
$ |
72,200,721 |
|
|
GRF |
600523 |
|
Children and Families Services |
|
$ |
53,105,323 |
|
$ |
53,105,323 |
|
|
GRF |
600525 |
|
Health Care/Medicaid |
|
|
|
|
|
|
|
|
|
|
|
State |
|
$ |
4,294,495,337 |
|
$ |
4,680,752,933 |
|
|
|
|
|
Federal |
|
$ |
7,501,402,180 |
|
$ |
8,420,642,075 |
|
|
|
|
|
Health Care Total |
|
$ |
11,795,897,517 |
|
$ |
13,101,395,008 |
|
|
GRF |
600526 |
|
Medicare Part D |
|
$ |
279,154,963 |
|
$ |
304,140,824 |
|
|
GRF |
600528 |
|
Adoption Services |
|
|
|
|
|
|
|
|
|
|
|
State |
|
$ |
26,346,632 |
|
$ |
26,346,632 |
|
|
|
|
|
Federal |
|
$ |
36,996,469 |
|
$ |
36,996,469 |
|
|
|
|
|
Adoption Services Total |
|
$ |
63,343,101 |
|
$ |
63,343,101 |
|
|
GRF |
600533 |
|
Child, Family, and Adult Community & Protective Services |
|
$ |
13,500,000 |
|
$ |
13,500,000 |
|
|
GRF |
600534 |
|
Adult Protective Services |
|
$ |
366,003 |
|
$ |
366,003 |
|
|
GRF |
600535 |
|
Early Care and Education |
|
$ |
123,596,474 |
|
$ |
123,596,474 |
|
|
GRF |
600537 |
|
Children's Hospital |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
|
|
GRF |
600540 |
|
Second Harvest Food Banks |
|
$ |
4,000,000 |
|
$ |
4,000,000 |
|
|
GRF |
600541 |
|
Kinship Permanency Incentive Program |
|
$ |
2,500,000 |
|
$ |
3,500,000 |
|
|
TOTAL GRF General Revenue Fund
| |
|
|
|
|
|
|
|
|
|
|
State |
|
$ |
5,292,985,729 |
|
$ |
5,706,514,150 |
|
|
|
|
|
Federal |
|
$ |
7,573,382,959 |
|
$ |
8,492,069,441 |
|
|
|
|
|
GRF Total |
|
$ |
12,866,368,688 |
|
$ |
14,198,583,591 |
|
|
General Services Fund Group
4A80 |
600658 |
|
Child Support Collections |
|
$ |
34,000,000 |
|
$ |
34,000,000 |
|
|
5C90 |
600671 |
|
Medicaid Program Support |
|
$ |
85,800,878 |
|
$ |
82,839,266 |
|
|
5DL0 |
600639 |
|
Medicaid Revenue and Collections |
|
$ |
89,256,974 |
|
$ |
84,156,974 |
|
|
5DM0 |
600633 |
|
Administration & Operating |
|
$ |
20,392,173 |
|
$ |
19,858,928 |
|
|
5FX0 |
600638 |
|
Medicaid Payment Withholding |
|
$ |
26,000,000 |
|
$ |
26,000,000 |
|
|
5HL0 |
600602 |
|
State and County Shared services |
|
$ |
3,020,000 |
|
$ |
3,020,000 |
|
|
5P50 |
600692 |
|
Prescription Drug Rebate - State |
|
$ |
220,600,000 |
|
$ |
242,600,000 |
|
|
6130 |
600645 |
|
Training Activities |
|
$ |
500,000 |
|
$ |
500,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
479,570,025 |
|
$ |
492,975,168 |
|
|
Federal Special Revenue Fund Group
3270 |
600606 |
|
Child Welfare |
|
$ |
29,769,865 |
|
$ |
29,769,866 |
|
|
3310 |
600686 |
|
Federal Operating |
|
$ |
49,128,140 |
|
$ |
48,203,023 |
|
|
3840 |
600610 |
|
Food Assistance and State Administration |
|
$ |
180,381,394 |
|
$ |
180,381,394 |
|
|
3850 |
600614 |
|
Refugee Services |
|
$ |
11,582,440 |
|
$ |
12,564,952 |
|
|
3950 |
600616 |
|
Special Activities/Child and Family Services |
|
$ |
2,259,264 |
|
$ |
2,259,264 |
|
|
3960 |
600620 |
|
Social Services Block Grant |
|
$ |
64,999,999 |
|
$ |
64,999,998 |
|
|
3970 |
600626 |
|
Child Support |
|
$ |
241,812,837 |
|
$ |
241,813,528 |
|
|
3980 |
600627 |
|
Adoption Maintenance/ Administration |
|
$ |
352,183,862 |
|
$ |
352,184,253 |
|
|
3A20 |
600641 |
|
Emergency Food Distribution |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
|
|
3AW0 |
600675 |
|
Faith Based Initiatives |
|
$ |
544,140 |
|
$ |
544,140 |
|
|
3D30 |
600648 |
|
Children's Trust Fund Federal |
|
$ |
2,040,524 |
|
$ |
2,040,524 |
|
|
3ER0 |
600603 |
|
Health Information Technology |
|
$ |
411,661,286 |
|
$ |
416,395,286 |
|
|
3F00 |
600623 |
|
Health Care Federal |
|
$ |
2,637,061,505 |
|
$ |
2,720,724,869 |
|
|
3F00 |
600650 |
|
Hospital Care Assurance Match |
|
$ |
372,784,046 |
|
$ |
380,645,627 |
|
|
3FA0 |
600680 |
|
Ohio Health Care Grants |
|
$ |
9,405,000 |
|
$ |
20,000,000 |
|
|
3G50 |
600655 |
|
Interagency Reimbursement |
|
$ |
1,626,305,787 |
|
$ |
1,385,391,478 |
|
|
3H70 |
600617 |
|
Child Care Federal |
|
$ |
208,290,036 |
|
$ |
204,813,731 |
|
|
3N00 |
600628 |
|
IV-E Foster Care Maintenance |
|
$ |
133,963,142 |
|
$ |
133,963,142 |
|
|
3S50 |
600622 |
|
Child Support Projects |
|
$ |
534,050 |
|
$ |
534,050 |
|
|
3V00 |
600688 |
|
Workforce Investment Act |
|
$ |
176,496,250 |
|
$ |
172,805,562 |
|
|
3V40 |
600678 |
|
Federal Unemployment Programs |
|
$ |
188,680,096 |
|
$ |
186,723,415 |
|
|
3V40 |
600679 |
|
Unemployment Compensation Review Commission - Federal |
|
$ |
4,166,988 |
|
$ |
4,068,758 |
|
|
3V60 |
600689 |
|
TANF Block Grant |
|
$ |
727,968,260 |
|
$ |
727,968,260 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
7,437,018,911 |
|
$ |
7,293,795,120 |
|
|
State Special Revenue Fund Group
1980 |
600647 |
|
Children's Trust Fund |
|
$ |
5,873,637 |
|
$ |
5,873,848 |
|
|
4A90 |
600607 |
|
Unemployment Compensation Administration Fund |
|
$ |
21,924,998 |
|
$ |
21,424,998 |
|
|
4A90 |
600694 |
|
Unemployment Compensation Review Commission |
|
$ |
2,873,167 |
|
$ |
2,817,031 |
|
|
4E30 |
600605 |
|
Nursing Home Assessments |
|
$ |
2,878,320 |
|
$ |
2,878,319 |
|
|
4E70 |
600604 |
|
Child and Family Services Collections |
|
$ |
400,000 |
|
$ |
400,000 |
|
|
4F10 |
600609 |
|
Foundation Grants/Child & Family Services |
|
$ |
683,359 |
|
$ |
683,549 |
|
|
4K10 |
600621 |
|
ICF/MR Bed Assessments |
|
$ |
41,405,596 |
|
$ |
44,372,874 |
|
|
4Z10 |
600625 |
|
HealthCare Compliance |
|
$ |
25,000,000 |
|
$ |
25,000,000 |
|
|
5AJ0 |
600631 |
|
Money Follows the Person |
|
$ |
5,483,080 |
|
$ |
4,733,080 |
|
|
5DB0 |
600637 |
|
Military Injury Grants |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
|
|
5DP0 |
600634 |
|
Adoption Assistance Loan |
|
$ |
500,000 |
|
$ |
500,000 |
|
|
5ES0 |
600630 |
|
Food Assistance |
|
$ |
500,000 |
|
$ |
500,000 |
|
|
5GF0 |
600656 |
|
Medicaid - Hospital |
|
$ |
436,000,000 |
|
$ |
436,000,000 |
|
|
5KC0 |
600682 |
|
Health Care Special Activities |
|
$ |
10,000,000 |
|
$ |
10,000,000 |
|
|
5R20 |
600608 |
|
Medicaid-Nursing Facilities |
|
$ |
402,489,308 |
|
$ |
407,100,746 |
|
|
5S30 |
600629 |
|
MR/DD Medicaid Administration and Oversight |
|
$ |
9,252,738 |
|
$ |
9,147,791 |
|
|
5U30 |
600654 |
|
Health Care Services Administration |
|
$ |
24,902,307 |
|
$ |
25,439,266 |
|
|
5U60 |
600663 |
|
Children and Family Support |
|
$ |
4,719,468 |
|
$ |
4,719,468 |
|
|
6510 |
600649 |
|
Hospital Care Assurance Program Fund |
|
$ |
212,526,123 |
|
$ |
217,008,050 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
1,209,412,101 |
|
$ |
1,220,599,020 |
|
|
1920 |
600646 |
|
Support Intercept - Federal |
|
$ |
130,000,000 |
|
$ |
130,000,000 |
|
|
5830 |
600642 |
|
Support Intercept - State |
|
$ |
16,000,000 |
|
$ |
16,000,000 |
|
|
5B60 |
600601 |
|
Food Assistance Intercept |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
|
|
TOTAL AGY Agency Fund Group
| |
$ |
148,000,000 |
|
$ |
148,000,000 |
|
|
Holding Account Redistribution Fund Group
R012 |
600643 |
|
Refunds and Audit Settlements |
|
$ |
2,200,000 |
|
$ |
2,200,000 |
|
|
R013 |
600644 |
|
Forgery Collections |
|
$ |
10,000 |
|
$ |
10,000 |
|
|
TOTAL 090 Holding Account Redistribution Fund Group
| |
$ |
2,210,000 |
|
$ |
2,210,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
22,142,579,725 |
|
$ |
23,356,162,899 |
|
|
Section 309.20. SUPPORT SERVICES
Section 309.20.10. ADMINISTRATION AND OPERATING
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management may transfer up to $535,300 cash
from the TANF Quality Control Reinvestments Fund (Fund 5Z90) to
the Administration and Operating Fund (Fund 5DM0). Upon completion
of the transfer, Fund 5Z90 is abolished.
Of the foregoing appropriation item 600633, Administration
and Operating, the Department of Job and Family Services shall use
up to $535,300 to pay for one-time contract expenses.
Section 309.20.20. TRANSFER TO STATE AND COUNTY SHARED
SERVICES FUND
Within thirty days of the effective date of this act, or as
soon as possible thereafter, the Director of Budget and Management
shall transfer the unencumbered cash balance in the County
Technologies Fund (Fund 5N10) to the State and County Shared
Services Fund (Fund 5HL0). The transferred cash is hereby
appropriated.
Section 309.20.30. AGENCY FUND GROUP
The Agency Fund Group and Holding Account Redistribution Fund
Group shall be used to hold revenues until the appropriate fund is
determined or until the revenues are directed to the appropriate
governmental agency other than the Department of Job and Family
Services. If receipts credited to the Support Intercept – Federal
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830),
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit
Settlements Fund (Fund R012), or the Forgery Collections Fund
(Fund R013) exceed the amounts appropriated from the fund, the
Director of Job and Family Services may request the Director of
Budget and Management to authorize expenditures from the fund in
excess of the amounts appropriated. Upon the approval of the
Director of Budget and Management, the additional amounts are
hereby appropriated.
Section 309.30.10. HEALTH CARE/MEDICAID
The foregoing appropriation item 600525, Health
Care/Medicaid, shall not be limited by section 131.33 of the
Revised Code.
Section 309.30.20. UNIFIED LONG TERM CARE
The foregoing appropriation item 600525, Health
Care/Medicaid, may be used to provide the preadmission screening
and resident review (PASRR), which includes screening,
assessments, and determinations made under sections 5111.204,
5119.061, and 5123.021 of the Revised Code.
The foregoing appropriation item 600525, Health
Care/Medicaid, may be used to assess and provide long-term care
consultations under section 173.42 of the Revised Code to clients
regardless of Medicaid eligibility.
The foregoing appropriation item 600525, Health
Care/Medicaid, may be used to provide nonwaiver funded PASSPORT,
assisted living, and PACE services to persons who the state
department has determined to be eligible to participate in the
nonwaiver funded PASSPORT, assisted living, and PACE programs, who
applied for but have not yet been determined to be financially
eligible to participate in the Medicaid waiver component of the
PASSPORT Home Care Program, Assisted Living Program, or the PACE
Program by a county department of job and family services, and to
persons who are not eligible for Medicaid but were enrolled in the
PASSPORT Program prior to July 1, 1990.
The foregoing appropriation item 600525, Health
Care/Medicaid, shall be used to provide the required state match
for federal Medicaid funds supporting the Medicaid waiver-funded
PASSPORT Home Care Program, the Choices Program, the Assisted
Living Program, and the PACE Program.
The foregoing appropriation item 600525, Health
Care/Medicaid, shall be used to provide the federal matching share
of program costs determined by the Department of Job and Family
Services to be eligible for Medicaid reimbursement for the
Medicaid waiver-funded PASSPORT Home Care Program, the Choices
Program, the Assisted Living Program, and the PACE Program.
Of the foregoing appropriation item 600525, Health
Care/Medicaid, $13,904,338 in fiscal year 2012 and $27,894,003 in
fiscal year 2013 shall be used to provide supplemental funding to
the Medicaid waiver-funded PASSPORT Home Care Program.
Section 309.30.30. REDUCTION IN MEDICAID PAYMENT RATES
(A) For fiscal year 2012 and fiscal year 2013, the Director
of Job and Family Services shall implement purchasing strategies
and rate reductions for certain Medicaid-covered services, as
determined by the Director, that result in payment rates for those
services being at least two per cent less than the respective
payment rates for fiscal year 2011. The Director shall consider
the following when implementing purchasing strategies and rate
reductions under this section:
(1) Modernizing hospital inpatient and outpatient
reimbursement methodologies by doing the following:
(a) Modifying the inpatient hospital capital reimbursement
methodology;
(b) Implementing relative weights for diagnosis-related
groups or establishing new diagnosis-related groups;
(c) Implementing other changes the Director considers
appropriate.
(2) Establishing selective contracting and prior
authorization requirements for types of medical assistance the
Director identifies.
(B) The Director shall adopt rules under section 5111.02 and
5111.85 of the Revised Code as necessary to implement this
section.
(C) This section does not apply to nursing facility and
intermediate care facility for the mentally retarded services
provided under the Medicaid program.
Section 309.30.33. REDUCTION OF MEDICAID MANAGED CARE
ADMINISTRATIVE EXPENSES
For fiscal year 2012 and fiscal year 2013, the Department of
Job and Family Services may reduce by one per cent the rate it
pays for administrative expenses to health insuring corporations
under contract with the Department pursuant to section 5111.17 of
the Revised Code.
Section 309.30.35. CONTINUATION OF MEDICAID RATES FOR
HOSPITAL INPATIENT AND OUTPATIENT SERVICES
The Director of Job and Family Services shall amend rules
adopted under section 5111.02 of the Revised Code as necessary to
continue, for the period beginning July 1, 2011, through June 30,
2013, the Medicaid reimbursement rates in effect from October 1,
2009, through June 30, 2011, for Medicaid-covered hospital
inpatient services and hospital outpatient services that are paid
under the prospective payment system established in those rules.
The rates shall continue to be in effect, notwithstanding any
policies or rules the Director adopts or amends pursuant to the
section of this act titled "Reduction of Medicaid Expenditures."
Section 309.30.40. MANAGED CARE PERFORMANCE PAYMENT PROGRAM
At the beginning of each quarter, or as soon as possible
thereafter, the Director of Job and Family Services shall certify
to the Director of Budget and Management the amount withheld in
accordance with section 5111.179 of the Revised Code for purposes
of the Managed Care Performance Payment Program. Upon receiving
certification, the Director of Budget and Management shall
transfer cash in the amount certified from the General Revenue
Fund to the Managed Care Performance Payment Fund. The transferred
cash is hereby appropriated. Appropriation item 600525, Health
Care/Medicaid, is hereby reduced by the amount of the transfer.
Section 309.30.50. COORDINATION OF CARE FOR COVERED FAMILIES
AND CHILDREN PENDING MEDICAID MANAGED CARE ENROLLMENT
(A) As used in this section, "Medicaid managed care" means
the care management system established under section 5111.16 of
the Revised Code.
(B) The departments of Job and Family Services and Health
shall work together on the issue of achieving efficiencies in the
delivery of medical assistance provided under Medicaid to families
and children.
(C) As part of their work under division (B) of this section,
the departments shall develop a proposal for coordinating medical
assistance provided to families and children under Medicaid while
they wait to be enrolled in Medicaid managed care. In developing
the proposal, the departments may do the following:
(1) Conduct research on the status of families and children
waiting to be enrolled in Medicaid managed care, including
research on the reasons for the wait and the utilization of
medical assistance during the waiting period;
(2) Conduct a review of ways to help families and children
receive medical assistance in the most appropriate setting while
they wait to be enrolled in Medicaid managed care;
(3) Develop recommendations for a coordinated, cost-effective
system of helping families and children waiting to be enrolled in
Medicaid managed care find the medical assistance they need during
the waiting period;
(4) For the purpose of reducing the waiting period for
enrollment in Medicaid managed care, develop recommendations for
improving the enrollment processes.
(D) As part of the work that is done under division (B) of
this section, the Department of Job and Family Services may submit
to the United States Secretary of Health and Human Services a
request for a Medicaid state plan amendment to authorize payment
for Medicaid-reimbursable targeted case management services that
are provided in connection with the Help Me Grow Program. Each
quarter during fiscal year 2012 and fiscal year 2013 following
approval of the Medicaid state plan amendment, the Department of
Job and Family Services shall certify to the Director of Budget
and Management the state and federal share of the amount the
Department of Job and Family Services has expended that quarter
for services under this section. On receipt of each quarterly
certification to the Director of Budget and Management shall
decrease appropriation from appropriation item 440459, Help Me
Grow, an amount equal to the state share of the certified
expenditures and increase appropriation item 600525, Health
Care/Medicaid by an equal amount and adjust the Federal share
accordingly.
Section 309.30.60. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT
SYSTEM FOR NURSING FACILITIES
(A) As used in this section:
"Franchise permit fee," "Medicaid days," "nursing facility,"
and "provider" have the same meanings as in section 5111.20 of the
Revised Code.
"Nursing facility services" means nursing facility services
covered by the Medicaid program that a nursing facility provides
to a resident of the nursing facility who is a Medicaid recipient
eligible for Medicaid-covered nursing facility services.
(B) Except as otherwise provided by this section, the
provider of a nursing facility that has a valid Medicaid provider
agreement on June 30, 2011, and a valid Medicaid provider
agreement during fiscal year 2012 shall be paid, for nursing
facility services the nursing facility provides during fiscal year
2012, the rate calculated for the nursing facility under sections
5111.20 to 5111.33 of the Revised Code with the following
adjustments:
(1) The cost per case mix-unit calculated under section
5111.231 of the Revised Code, the rate for ancillary and support
costs calculated under section 5111.24 of the Revised Code, the
rate for tax costs calculated under section 5111.242 of the
Revised Code, and the rate for capital costs calculated under
section 5111.25 of the Revised Code shall each be increased by
five and eight hundredths per cent;
(2) The mean payment used in the calculation of the quality
incentive payment made under section 5111.244 of the Revised Code
shall be, weighted by Medicaid days, fourteen dollars and
forty-one cents per Medicaid day.
(C) If the franchise permit fee must be reduced or eliminated
to comply with federal law, the Department of Job and Family
Services shall reduce the amount it pays providers of nursing
facility services under this section as necessary to reflect the
loss to the state of the revenue and federal financial
participation generated from the franchise permit fee.
(D) The Department of Job and Family Services shall follow
this section in determining the rate to be paid to the provider of
a nursing facility that has a valid Medicaid provider agreement on
June 30, 2011, and a valid Medicaid provider agreement during
fiscal year 2012 notwithstanding anything to the contrary in
sections 5111.20 to 5111.33 of the Revised Code.
Section 309.30.70. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT
SYSTEM FOR NURSING FACILITIES
(A) As used in this section:
"Franchise permit fee," "Medicaid days," "nursing facility,"
and "provider" have the same meanings as in section 5111.20 of the
Revised Code.
"Nursing facility services" means nursing facility services
covered by the Medicaid program that a nursing facility provides
to a resident of the nursing facility who is a Medicaid recipient
eligible for Medicaid-covered nursing facility services.
(B) Except as otherwise provided by this section, the
provider of a nursing facility that has a valid Medicaid provider
agreement on June 30, 2012, and a valid Medicaid provider
agreement during fiscal year 2013 shall be paid, for nursing
facility services the nursing facility provides during fiscal year
2013, the rate calculated for the nursing facility under sections
5111.20 to 5111.33 of the Revised Code with the following
adjustments:
(1) The cost per case mix-unit calculated under section
5111.231 of the Revised Code, the rate for ancillary and support
costs calculated under section 5111.24 of the Revised Code, the
rate for tax costs calculated under section 5111.242 of the
Revised Code, and the rate for capital costs calculated under
section 5111.25 of the Revised Code shall each be increased by
five and eight hundredths per cent;
(2) Unless, pursuant to division (D) of section 5111.244 of
the Revised Code, no quality incentive payment is to be made for
fiscal year 2013, the mean payment used in the calculation of the
quality incentive payment made under section 5111.244 of the
Revised Code shall be, weighted by Medicaid days, fourteen dollars
and sixty-three cents per Medicaid day.
(C) If the franchise permit fee must be reduced or eliminated
to comply with federal law, the Department of Job and Family
Services shall reduce the amount it pays providers of nursing
facility services under this section as necessary to reflect the
loss to the state of the revenue and federal financial
participation generated from the franchise permit fee.
(D) The Department of Job and Family Services shall follow
this section in determining the rate to be paid to the provider of
a nursing facility that has a valid Medicaid provider agreement on
June 30, 2012, and a valid Medicaid provider agreement during
fiscal year 2013 notwithstanding anything to the contrary in
sections 5111.20 to 5111.33 of the Revised Code.
Section 309.30.80. STUDY OF ICF/MR ISSUES
(A) As used in this section:
"Home and community-based services" has the same meaning as
in section 5123.01 of the Revised Code.
"ICF/MR" means an intermediate care facility for the mentally
retarded as defined in section 5111.20 of the Revised Code.
"ICF/MR services" means services covered by the Medicaid
program that an ICF/MR provides to a Medicaid recipient eligible
for the services.
(B) The Departments of Job and Family Services and
Developmental Disabilities shall study issues regarding the
administration of, and Medicaid reimbursement for, ICF/MR
services. In conducting the study, the Departments shall examine
the following:
(1) Revising the Individual Assessment Form Answer Sheet in a
manner that provides a more accurate assessment of the acuity and
care needs of individuals who need ICF/MR services, especially the
acuity and care needs of such individuals who have intensive
behavioral or medical needs;
(2) Revising the Medicaid reimbursement formula for ICF/MR
services to accomplish the following:
(a) Ensure that reimbursement for capital costs is adequate
for maintaining the capital assets of ICFs/MR in a manner that
promotes the well being of the residents;
(b) Provide capital incentives for reducing the capacity of
ICFs/MR as necessary to achieve goals regarding the optimal
capacity of ICFs/MR;
(c) Ensure that wages paid individuals who provide direct
care services to ICF/MR residents are sufficient for ICFs/MR to
meet staffing and quality requirements;
(d) Provide incentives for high quality services;
(e) Achieve other goals developed for the purpose of
improving the appropriateness and sufficiency of Medicaid
reimbursements for ICF/MR services.
(3) Transferring the powers and duties regarding ICF/MR
services from the Department of Job and Family Services to the
Department of Developmental Disabilities.
(C) The Departments shall examine the issue of revising the
Individual Assessment Form Answer Sheet before examining the issue
of revising the Medicaid reimbursement formula for ICF/MR
services. Not later than October 1, 2011, the Departments shall
prepare a report of the study conducted under this section and
submit the report to the Governor and, in accordance with section
101.68 of the Revised Code, the General Assembly.
(D) At the same time that the Departments conduct the study
under this section, they shall work with the Governor's Office of
Health Transformation and persons interested in the issue of
ICF/MR services to develop recommendations regarding the
following:
(1) Goals regarding the ratio of home and community-based
services and ICF/MR services provided under the Medicaid program
that take into account goals regarding the optimal capacity of
ICFs/MR;
(2) The roles and responsibilities of both of the following:
(a) ICFs/MR owned and operated by the Department of
Developmental Disabilities;
(b) Providers of home and community-based services.
(3) Simplifying and eliminating duplicate regulations
regarding ICFs/MR in a manner that lowers the cost of ICF/MR
services.
(E) The powers and duties regarding ICF/MR services shall not
be transferred from the Department of Job and Family Services to
the Department of Developmental Disabilities unless a state law is
enacted that expressly authorizes the transfer.
Section 309.30.90. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT
SYSTEM FOR ICFs/MR
(A) As used in this section:
(1) "Change of operator," "entering operator," and "exiting
operator" have the same meanings as in section 5111.65 of the
Revised Code.
(2) "Continuing ICF/MR" means an ICF/MR to which either of
the following apply:
(a) The provider has a valid Medicaid provider agreement for
the ICF/MR on June 30, 2011, and a valid Medicaid provider
agreement for the ICF/MR during fiscal year 2012.
(b) The ICF/MR undergoes a change of operator that takes
effect during fiscal year 2012, the exiting operator has a valid
Medicaid provider agreement for the ICF/MR on June 30, 2011, and
the entering operator has a valid Medicaid provider agreement for
the ICF/MR for at least part of fiscal year 2012 after the change
of operator takes effect.
(3) "Franchise permit fee" and "provider" have the same
meanings as in section 5111.20 of the Revised Code.
(4) "ICF/MR" means an intermediate care facility for the
mentally retarded as defined in section 5111.20 of the Revised
Code.
(5) "ICF/MR services" means services covered by the Medicaid
program that an ICF/MR provides to a Medicaid recipient eligible
for the services.
(6) "Medicaid days" means all days during which a resident
who is a Medicaid recipient occupies a bed in an ICF/MR that is
included in the ICF/MR's Medicaid-certified capacity. Therapeutic
or hospital leave days for which payment is made under section
5111.33 of the Revised Code are considered Medicaid days
proportionate to the percentage of the ICF/MR's per resident per
day rate paid for those days.
(7) "New ICF/MR" means an ICF/MR to which section 5111.255 of
the Revised Code applies for fiscal year 2012.
(8) "Per diem rate" means the per diem rate calculated
pursuant to sections 5111.20 to 5111.33 of the Revised Code.
(B) If the mean total per diem rate for all ICFs/MR in this
state for fiscal year 2012, weighted by May 2011 Medicaid days and
calculated as of July 1, 2011, exceeds $279.81, the Department of
Job and Family Services shall reduce, for fiscal year 2012, the
total per diem rate for each continuing ICF/MR by a percentage
that is equal to the percentage by which the mean total per diem
rate exceeds $279.81.
(C) The provider of a new ICF/MR shall be paid, for ICF/MR
services the ICF/MR provides during fiscal year 2012, the rate
calculated for the ICF/MR under section 5111.255 of the Revised
Code reduced by the same percentage that the rate for a continuing
ICF/MR is reduced under division (B) of this section.
(D) The rate of an ICF/MR set pursuant to this section shall
not be subject to any adjustments authorized by sections 5111.20
to 5111.33 of the Revised Code, or any rule authorized by those
sections, during the remainder of fiscal year 2012.
(E) If the franchise permit fee must be reduced or eliminated
to comply with federal law, the Department of Job and Family
Services shall reduce the amount it pays providers of ICF/MR
services under this section as necessary to reflect the loss to
the state of the revenue and federal financial participation
generated from the franchise permit fee.
(F) The Department of Job and Family Services shall follow
this section in determining the rate to be paid to the provider of
a continuing ICF/MR or new ICF/MR for ICF/MR services provided
during fiscal year 2012 notwithstanding anything to the contrary
in sections 5111.20 to 5111.33 of the Revised Code, except
sections 5111.258 and 5111.291 of the Revised Code.
Section 309.33.10. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT
SYSTEM FOR ICFs/MR
(A) As used in this section:
(1) "Change of operator," "entering operator," and "exiting
operator" have the same meanings as in section 5111.65 of the
Revised Code.
(2) "Continuing ICF/MR" means an ICF/MR to which either of
the following apply:
(a) The provider has a valid Medicaid provider agreement for
the ICF/MR on June 30, 2012, and a valid Medicaid provider
agreement for the ICF/MR during fiscal year 2013.
(b) The ICF/MR undergoes a change of operator that takes
effect during fiscal year 2013, the exiting operator has a valid
Medicaid provider agreement for the ICF/MR on June 30, 2012, and
the entering operator has a valid Medicaid provider agreement for
the ICF/MR for at least part of fiscal year 2013 after the change
of operator takes effect.
(3) "Franchise permit fee" and "provider" have the same
meanings as in section 5111.20 of the Revised Code.
(4) "ICF/MR" means an intermediate care facility for the
mentally retarded as defined in section 5111.20 of the Revised
Code.
(5) "ICF/MR services" means services covered by the Medicaid
program that an ICF/MR provides to a Medicaid recipient eligible
for the services.
(6) "Medicaid days" means all days during which a resident
who is a Medicaid recipient occupies a bed in an ICF/MR that is
included in the ICF/MR's Medicaid-certified capacity. Therapeutic
or hospital leave days for which payment is made under section
5111.33 of the Revised Code are considered Medicaid days
proportionate to the percentage of the ICF/MR's per resident per
day rate paid for those days.
(7) "New ICF/MR" means an ICF/MR to which section 5111.255 of
the Revised Code applies for fiscal year 2013.
(8) "Per diem rate" means the per diem rate calculated
pursuant to sections 5111.20 to 5111.33 of the Revised Code.
(B) If the mean total per diem rate for all ICFs/MR in this
state for fiscal year 2013, weighted by May 2012 Medicaid days and
calculated as of July 1, 2012, exceeds $280.14, the Department of
Job and Family Services shall reduce, for fiscal year 2013, the
total per diem rate for each continuing ICF/MR by a percentage
that is equal to the percentage by which the mean total per diem
rate exceeds $280.14.
(C) The provider of a new ICF/MR shall be paid, for ICF/MR
services the ICF/MR provides during fiscal year 2013, the rate
calculated for the ICF/MR under section 5111.255 of the Revised
Code reduced by the same percentage that the rate for a continuing
ICF/MR is reduced under division (B) of this section.
(D) The rate of an ICF/MR set pursuant to this section shall
not be subject to any adjustments authorized by sections 5111.20
to 5111.33 of the Revised Code, or any rule authorized by those
sections, during the remainder of fiscal year 2013.
(E) If the franchise permit fee must be reduced or eliminated
to comply with federal law, the Department of Job and Family
Services shall reduce the amount it pays providers of ICF/MR
services under this section as necessary to reflect the loss to
the state of the revenue and federal financial participation
generated from the franchise permit fee.
(F) The Department of Job and Family Services shall follow
this section in determining the rate to be paid to the provider of
a continuing ICF/MR or new ICF/MR for ICF/MR services provided
during fiscal year 2013 notwithstanding anything to the contrary
in sections 5111.20 to 5111.33 of the Revised Code, except
sections 5111.258 and 5111.291 of the Revised Code.
Section 309.33.20. WAIVER SERVICES TRANSFERRED TO DEPARTMENT
OF DEVELOPMENTAL DISABILITIES
The Director of Budget and Management shall establish line
items for use by the Department of Developmental Disabilities for
purposes regarding the Department's assumption of powers and
duties under section 5111.871 of the Revised Code regarding the
Medicaid waiver component known as the Transitions Developmental
Disabilities Waiver. The Department of Developmental Disabilities
shall certify to the Director of Budget and Management and the
Director of Job and Family Services the appropriation amounts, in
fiscal year 2012 and fiscal year 2013, necessary for the
Department of Developmental Disabilities to fulfill its
obligations regarding the new powers and duties without
duplicating administration or services that remain with the
Department of Job and Family Services. The Department of Job and
Family Services shall certify to the Director of Budget and
Management that there is an equal reduction in the Department of
Job and Family Services' administration and services as is being
certified by the Department of Developmental Disabilities.
Once all certifications required under this section have been
submitted and approved by the Director of Budget and Management,
the appropriation items established under this section are hereby
appropriated in the amounts approved by the Director of Budget and
Management. The appropriations to the Department of Developmental
Disabilities in each fiscal year shall not exceed the aggregate
amount of expenditures that the Department of Job and Family
Services made in fiscal year 2011 for services provided under the
Transitions Developmental Disabilities Waiver and related
administrative costs. Appropriation item 600525, Health
Care/Medicaid, is hereby reduced by the corresponding state and
federal share of the amounts appropriated under this section to
the Department of Developmental Disabilities in each fiscal year.
Section 309.33.30. ADMINISTRATIVE ISSUES RELATED TO
TERMINATION OF MEDICAID WAIVER PROGRAMS
(A) As used in this section, "ODJFS or ODA Medicaid waiver
component" means the following:
(1) The Medicaid waiver component of the PASSPORT program
created under section 173.40 of the Revised Code;
(2) The Choices program created under section 173.403 of the
Revised Code;
(3) The Ohio Home Care program created under section 5111.861
of the Revised Code;
(4) The Ohio Transitions II Aging Carve-Out program created
under section 5111.862 of the Revised Code;
(5) The Medicaid waiver component of the Assisted Living
program created under section 5111.89 of the Revised Code.
(B) If an ODJFS or ODA Medicaid waiver component is
terminated under section 173.40, 173.403, 5111.861, 5111.862, or
5111.89 of the Revised Code, all of the following apply:
(1) All applicable statutes, and all applicable rules,
standards, guidelines, or orders issued by the Director or
Department of Job and Family Services or Director or Department of
Aging before the component is terminated, shall remain in full
force and effect on and after that date, but solely for purposes
of concluding the component's operations, including fulfilling the
Departments' legal obligations for claims arising from the
component relating to eligibility determinations, covered medical
assistance provided to eligible persons, and recovering erroneous
overpayments.
(2) Notwithstanding the termination of the component, the
right of subrogation for the cost of medical assistance given
under section 5101.58 of the Revised Code to the Department of Job
and Family Services and an assignment of the right to medical
assistance given under section 5101.59 of the Revised Code to the
Department continue to apply with respect to the component and
remain in force to the full extent provided under those sections.
(3) The Departments of Job and Family Services and Aging may
use appropriated funds to satisfy any claims or contingent claims
for medical assistance provided under the component before the
component's termination.
(4) Neither department has liability under the component to
reimburse any provider or other person for claims for medical
assistance rendered under the component after it is terminated.
(C) The Directors of Job and Family Services and Aging may
adopt rules in accordance with Chapter 119. of the Revised Code to
implement this section.
Section 309.33.40. MEDICAID QUALITY IMPROVEMENT INITIATIVES
FOR CHILDREN
Building on the quality improvement work of the Best Evidence
for Advancing Child Health in Ohio Now (BEACON) Council, the
Departments of Health, Mental Health, and Job and Family Services,
in conjunction with the Governor's Office of Health
Transformation, may seek assistance from, and work with, hospitals
and other provider groups to identify specific targets and
initiatives to reduce the cost, and improve the quality, of
medical assistance provided under the Medicaid program to
children. At a minimum, the targets and initiatives shall focus on
reducing all of the following:
(A) Avoidable hospitalizations;
(B) Inappropriate emergency room utilization;
(C) Use of multiple medications when not medically indicated;
(D) The state's rate of premature births;
(E) The state's rate of elective, preterm births.
If the Departments of Health, Mental Health, and Job and
Family Services identify initiatives under this section, they
shall make the initiatives available on their internet web sites.
The Departments shall also make a list of hospitals and other
provider groups involved in the initiatives available on their
internet web sites.
Section 309.33.50. EXPANSION AND EVALUATION OF PACE PROGRAM
(A) In order to effectively administer and manage growth
within the PACE Program, the Director of Aging, in consultation
with the Director of Job and Family Services, may expand the PACE
Program to regions of the state beyond those currently served by
the PACE Program if both of the following apply:
(1) Funding is available for the expansion.
(2) The Directors of Aging and Job and Family Services
mutually determine, taking into consideration the results of the
evaluation conducted under division (B) of this section, that the
PACE Program is a cost effective alternative to nursing home care.
(B) The Director of Aging shall contract with Miami
University's Scripps Gerontology Center for an evaluation of the
PACE program. The contract shall require the Center, in conducting
the evaluation, to collaborate with the Director and PACE
providers and to take into account the PACE Program's unique
features.
(C) The Directors of Aging and Job and Family Services shall
use their best efforts to achieve an arrangement with the United
States Centers for Medicare and Medicaid Services (CMS) under
which CMS agrees to share with the state any savings to the
Medicare program resulting from an expansion of the PACE Program.
(D) If the PACE Program is expanded, the Director of Aging
may not decrease the number of individuals in Cuyahoga and
Hamilton counties and parts of Butler, Clermont, and Warren
counties who are participants in the PACE Program below the number
of individuals in those counties and parts of counties who were
participants in the PACE Program on July 1, 2011.
Section 309.33.60. REPEAL OF THE CHILDREN'S BUY-IN PROGRAM
(A) Notwithstanding sections 5101.5211 to 5101.5216 of the
Revised Code and all references in the Revised Code to those
sections or the Children's Buy-In Program, no person may enroll in
the Program on or after the effective date of this section.
Notwithstanding this act's repeal on October 1, 2011, of the
statutes under which the Program is operated, persons enrolled in
the Program immediately prior to that date may continue to receive
services under the Program, as if those statutes were not
repealed. Such persons may receive the services through December
31, 2011, as long as they remain eligible for the Program.
(B) Commencing on the effective date of this section, the
Director of Job and Family Services shall take steps as necessary
to transition persons enrolled in the Program to other health
coverage options and otherwise conclude Program operations.
All Program-related rules, standards, guidelines, or orders
issued by the Director or Department of Job and Family Services
prior to October 1, 2011, shall remain in full force and effect on
and after that date, but solely for purposes of concluding the
Program's operations. Such purposes include permitting eligible
persons to receive services under the Program through December 31,
2011, as authorized by this section, and fulfilling the
Department's legal obligations for claims arising from the Program
relating to eligibility determinations, covered medical services
rendered to eligible persons, and recovering erroneous
overpayments.
(C) Notwithstanding this act's repeal of the statutes
authorizing the Program, the right of subrogation for the cost of
medical services and care given under section 5101.58 of the
Revised Code to the Department and an assignment of the right to
medical support given under section 5101.59 of the Revised Code to
the Department continue to apply with respect to the Program and
remain in force to the full extent provided under those sections.
(D) The Department may use appropriated funds to satisfy any
claims or contingent claims for services rendered to Program
participants prior to October 1, 2011, and to eligible persons who
receive services under the Program through December 31, 2011, as
authorized by this section. The Department has no liability under
the Program to reimburse any provider or other person for claims
for services rendered on or after January 1, 2012.
(E) The Department may adopt rules in accordance with section
111.15 of the Revised Code to implement this section.
Section 309.33.70. CONTINUATION OF DISPENSING FEE FOR
NONCOMPOUNDED DRUGS
The Medicaid dispensing fee for each noncompounded drug
covered by the Medicaid program shall be $1.80 for the period
beginning July 1, 2011, and ending on the effective date of a
rule, or an amendment to a rule, changing the amount of the fee
that the Director of Job and Family Services adopts or amends
under section 5111.02 of the Revised Code.
Section 309.33.80. MONEY FOLLOWS THE PERSON ENHANCED
REIMBURSEMENT FUND
The Money Follows the Person Enhanced Reimbursement Fund,
created by Section 751.20 of Am. Sub. H.B. 562 of the 127th
General Assembly, shall continue to exist in the state treasury
for fiscal year 2012 and fiscal year 2013. The federal payments
made to the state under subsection (e) of section 6071 of the
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended,
shall be deposited into the fund. The Department of Job and Family
Services shall continue to use money deposited into the fund for
system reform activities related to the Money Follows the Person
demonstration project.
Section 309.33.90. MEDICARE PART D
The foregoing appropriation item 600526, Medicare Part D, may
be used by the Department of Job and Family Services for the
implementation and operation of the Medicare Part D requirements
contained in the "Medicare Prescription Drug, Improvement, and
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon
the request of the Department of Job and Family Services, the
Director of Budget and Management may transfer the state share of
appropriations between appropriation item 600525, Health
Care/Medicaid, or appropriation item 600526, Medicare Part D. If
the state share of appropriation item 600525, Health
Care/Medicaid, is adjusted, the Director of Budget and Management
shall adjust the federal share accordingly. The Department of Job
and Family Services shall provide notification to the Controlling
Board of any transfers at the next scheduled Controlling Board
meeting.
Section 309.35.10. REBALANCING LONG-TERM CARE
(A) As used in this section:
"Balancing Incentive Payments Program" means the program
established under section 10202 of the Patient Protection and
Affordable Care Act.
"Long-term services and supports" has the same meaning as in
section 10202(f)(1) of the Patient Protection and Affordable Care
Act.
"Non-institutionally-based long-term services and supports"
has the same meaning as in section 10202(f)(1)(B) of the Patient
Protection and Affordable Care Act.
"Patient Protection and Affordable Care Act" means Public Law
111-148.
(B) The Departments of Job and Family Services, Aging, and
Developmental Disabilities shall continue efforts to achieve a
sustainable and balanced delivery system for long-term services
and supports. In so doing, the Departments shall strive to realize
the following goals by June 30, 2013:
(1) Having at least fifty per cent of Medicaid recipients who
are sixty years of age or older and need long-term services and
supports utilize non-institutionally-based long-term services and
supports;
(2) Having at least sixty per cent of Medicaid recipients who
are less than sixty years of age and have cognitive or physical
disabilities for which long-term services and supports are needed
utilize non-institutionally-based long-term services and supports.
(C) If the Department of Job and Family Services determines
that participating in the Balancing Incentive Payments Program
will assist in achieving the goals specified in division (B) of
this section, the Department may apply to the United States
Secretary of Health and Human Services to participate in the
program. Any funds the state receives as the result of the
enhanced federal financial participation provided to states
participating in the Balancing Incentive Payments Program shall be
deposited into the Balancing Incentive Payments Program Fund,
which is hereby created in the state treasury. The Department of
Job and Family Services shall use the money in the fund in
accordance with section 10202(c)(4) of the Patient Protection and
Affordable Care Act.
Section 309.35.20. BALANCING INCENTIVE PAYMENTS PROGRAM FUND
The Director of Job and Family Services may seek Controlling
Board approval to make expenditures from the Balancing Incentive
Payments Program Fund.
Section 309.35.30. DUAL ELIGIBLE INTEGRATED CARE
DEMONSTRATION PROJECT
The Director of Job and Family Services may seek Controlling
Board approval to make expenditures from the Integrated Care
Delivery Systems Fund.
Section 309.35.40. OHIO ACCESS SUCCESS PROJECT AND
IDENTIFICATION OF OVERPAYMENTS
(A) Notwithstanding any limitations in sections 3721.51 and
3721.56 of the Revised Code, in each fiscal year, cash from the
Nursing Home Franchise Permit Fee Fund (Fund 5R20) may be used by
the Department of Job and Family Services for the following
purposes:
(1) Up to $3,000,000 in each fiscal year to fund the state
share of audits or limited reviews of Medicaid providers;
(2) Up to $450,000 in each fiscal year to provide one-time
transitional benefits under the Ohio Access Success Project that
the Director of Job and Family Services may establish under
section 5111.97 of the Revised Code.
(B) On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the cash balance
in the Home and Community-Based Services for the Aged Fund (Fund
4J50) to the Nursing Home Franchise Permit Fee Fund (Fund 5R20).
The transferred cash is hereby appropriated. Upon completion of
the transfer, Fund 4J50 is abolished. The Director shall cancel
any existing encumbrances against appropriation item 600613,
Nursing Facility Bed Assessments, and appropriation item 600618,
Residential State Supplement Payments, and reestablish them
against appropriation item 600608, Medicaid - Nursing Facilities.
Section 309.35.50. PROVIDER FRANCHISE FEE OFFSETS
(A) At least quarterly, the Director of Job and Family
Services shall certify to the Director of Budget and Management
both of the following:
(1) The amount of offsets withheld under section 3721.541 of
the Revised Code from payments made from the General Revenue Fund.
(2) The amount of offsets withheld under section 5112.341 of
the Revised Code from payments made from the General Revenue Fund.
(B) The Director of Budget and Management may transfer cash
from the General Revenue Fund to all of the following:
(1) The Nursing Home Franchise Permit Fee Fund (Fund 5R20),
in accordance with section 3721.56 of the Revised Code;
(2) The ICF/MR Bed Assessments Fund (Fund 4K10).
(C) Amounts transferred pursuant to this section are hereby
appropriated.
Section 309.35.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF
DEVELOPMENTAL DISABILITIES
The Department of Job and Family Services may transfer cash
in each fiscal year from the ICF/MR Bed Assessments Fund (Fund
4K10) to the Home and Community-Based Services Fund (Fund 4K80),
used by the Department of Developmental Disabilities. The amount
to be transferred shall be agreed to by both departments. The
transfer may occur on a quarterly basis or on a schedule developed
and agreed to by both departments. The transfer may be made using
an intrastate transfer voucher.
Section 309.35.70. HOSPITAL CARE ASSURANCE MATCH
The foregoing appropriation item 600650, Hospital Care
Assurance Match, shall be used by the Department of Job and Family
Services solely for distributing funds to hospitals under section
5112.08 of the Revised Code.
Section 309.35.80. HEALTH CARE SERVICES ADMINISTRATION FUND
Of the amount received by the Department of Job and Family
Services during fiscal year 2012 and fiscal year 2013 from the
first installment of assessments paid under section 5112.06 of the
Revised Code and intergovernmental transfers made under section
5112.07 of the Revised Code, the Director of Job and Family
Services shall deposit $350,000 in each fiscal year into the state
treasury to the credit of the Health Care Services Administration
Fund (Fund 5U30).
Section 309.35.90. TRANSFERS OF OFFSETS TO THE HEALTH CARE
SERVICES ADMINISTRATION FUND
(A) As used in this section:
"Hospital offset" means an offset from a hospital's Medicaid
payment authorized by section 5112.991 of the Revised Code.
"Vendor offset" means a reduction of a Medicaid payment to a
Medicaid provider to correct a previous, incorrect Medicaid
payment.
(B) At least quarterly during fiscal year 2012 and fiscal
year 2013, the Director of Job and Family Services shall certify
to the Director of Budget and Management the amount of hospital
offsets and vendor offsets for the period covered by the
certification and the particular funds that would have been used
to make the extra payments to providers if not for the offsets.
The certification shall specify how much extra would have been
taken from each of the funds if not for the hospital offsets and
vendor offsets.
(C) On receipt of a certification under division (B) of this
section, the Director of Budget and Management shall transfer cash
from the funds identified in the certification to the Health Care
Services Administration Fund (Fund 5U30). The amount transferred
from a fund shall equal the amount that would have been taken from
the fund if not for the hospital offsets and vendor offsets as
specified in the certification. The transferred cash is hereby
appropriated.
Section 309.37.10. PROVIDER APPLICATION FEES
If receipts credited to the Health Care Services
Administration Fund (Fund 5U30) exceed the amounts appropriated
from the fund, the Director of Job and Family Services may seek
Controlling Board approval to increase the appropriations in
appropriation item 600654, Health Care Services Administration.
Section 309.37.20. INTERAGENCY REIMBURSEMENT
The Director of Job and Family Services may request the
Director of Budget and Management to increase appropriation item
600655, Interagency Reimbursement. Upon the approval of the
Director of Budget and Management, the additional amounts are
hereby appropriated.
Section 309.37.30. MEDICAID PROGRAM SUPPORT FUND - STATE
The foregoing appropriation item 600671, Medicaid Program
Support, shall be used by the Department of Job and Family
Services to pay for Medicaid services and contracts. The
Department may also deposit to the Medicaid Program Support Fund
(Fund 5C90) revenues received from other state agencies for
Medicaid services under the terms of interagency agreements
between the Department and other state agencies.
Section 309.37.40. TRANSFERS OF IMD/DSH CASH TO THE
DEPARTMENT OF MENTAL HEALTH
The Department of Job and Family Services shall transfer cash
from the Medicaid Program Support Fund (Fund 5C90), to the
Behavioral Health Medicaid Services Fund (Fund 4X50), used by the
Department of Mental Health, in accordance with an interagency
agreement that delegates authority from the Department of Job and
Family Services to the Department of Mental Health to administer
specified Medicaid services. The transfer shall be made using an
intrastate transfer voucher.
Section 309.37.50. PRESCRIPTION DRUG COVERAGE UNDER MEDICAID
MANAGED CARE
(A) Not later than October 1, 2011, the Department of Job and
Family Services shall enter into new contracts or amend existing
contracts with health insuring corporations, pursuant to section
5111.17 of the Revised Code, as the Department considers necessary
to require, in accordance with section 5111.172 of the Revised
Code, as amended by this act, that each health insuring
corporation participating in the Medicaid care management system
include coverage of prescription drugs for the Medicaid recipients
who are enrolled in the health insuring corporation.
(B) For a period of one hundred twenty days immediately
following the effective date of the inclusion of prescription drug
coverage under a new or amended contract with a health insuring
corporation pursuant to division (A) of this section, both of the
following apply:
(1) If, immediately prior to the effective date of the
coverage, a Medicaid recipient enrolled in the health insuring
corporation was being treated with an antidepressant or
antipsychotic described in division (B)(2) of section 5111.172 of
the Revised Code, as amended by this act, the health insuring
corporation shall provide coverage of the drug without imposing a
prior authorization requirement.
(2) Notwithstanding division (B)(3) of section 5111.172 of
the Revised Code, as amended by this act, the health insuring
corporation shall permit the health professional who was
prescribing the drug to continue prescribing the drug for the
Medicaid recipient, regardless of whether the prescriber is a
psychiatrist as described in that division.
Section 309.40. FAMILY STABILITY
Section 309.40.10. FOOD STAMPS TRANSFER
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management may transfer up to $1,000,000
cash from the Food Stamp Program Fund (Fund 3840), to the Food
Assistance Fund (Fund 5ES0).
Section 309.40.20. NAME OF FOOD STAMP PROGRAM
The Director of Job and Family Services is not required to
amend rules regarding the Food Stamp Program to change the name of
the program to the Supplemental Nutrition Assistance Program. The
Director may refer to the program as the Food Stamp Program or the
Food Assistance Program in rules and documents of the Department
of Job and Family Services.
Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD
BANKS
The foregoing appropriation item 600540, Second Harvest Food
Banks, shall be used to provide funds to the Ohio Association of
Second Harvest Food Banks to purchase and distribute food
products.
Notwithstanding section 5101.46 of the Revised Code and any
other provision in this bill, in addition to funds designated for
the Ohio Association of Second Harvest Food Banks in this section,
in fiscal year 2012 and fiscal year 2013, the Director of Job and
Family Services shall provide assistance from eligible funds to
the Ohio Association of Second Harvest Food Banks in an amount up
to or equal to the assistance provided in state fiscal year 2011
from all funds used by the Department, except the General Revenue
Fund.
Eligible nonfederal expenditures made by member food banks of
the Association shall be counted by the Department of Job and
Family Services toward the TANF maintenance of effort requirements
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services
shall enter into an agreement with the Ohio Association of Second
Harvest Food Banks, in accordance with sections 5101.80 and
5101.801 of the Revised Code, to carry out the requirements under
this section.
Section 309.40.40. CHILD SUPPORT COLLECTIONS/TANF MOE
The foregoing appropriation item 600658, Child Support
Collections, shall be used by the Department of Job and Family
Services to meet the TANF maintenance of effort requirements of 42
U.S.C. 609(a)(7). When the state is assured that it will meet the
maintenance of effort requirement, the Department of Job and
Family Services may use funds from appropriation item 600658,
Child Support Collections, to support public assistance
activities.
Section 309.50. CHILD WELFARE
Section 309.50.10. DIFFERENTIAL RESPONSE
In accordance with an independent evaluation of the Ohio
Alternative Response Pilot Program that recommended statewide
implementation, the Department of Job and Family Services shall
plan the statewide expansion of the Ohio Alternative Response
Pilot Program on a county by county basis, through a schedule
determined by the Department. The program shall be known as the
"differential response" approach as defined in section 2151.011 of
the Revised Code. Notwithstanding provisions of Chapter 2151. of
the Revised Code that refer to "differential response,"
"traditional response," and "alternative response," those
provisions shall become effective on the scheduled date of
expansion of the differential response approach to that county.
Prior to statewide implementation, the Department may adopt rules
in accordance with Chapter 119. of the Revised Code as necessary
to carry out the purposes of this section.
Section 309.50.20. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN
In collaboration with the county family and children first
council, a county department of job and family services or public
children services agency that receives an allocation from the
Department of Job and Family Services from the foregoing
appropriation item 600523, Children and Families Services, or
600533, Child, Family, and Adult Community & Protective Services,
may transfer a portion of either or both allocations to a flexible
funding pool as authorized by the section titled FAMILY AND
CHILDREN FIRST FLEXIBLE FUNDING POOL.
Section 309.50.30. CHILD, FAMILY, AND ADULT COMMUNITY AND
PROTECTIVE SERVICES
(A) The foregoing appropriation item 600533, Child, Family,
and Adult Community & Protective Services, shall be distributed to
each county department of job and family services using the
formula the Department of Job and Family Services uses when
distributing Title XX funds to county departments of job and
family services under section 5101.46 of the Revised Code. County
departments shall use the funds distributed to them under this
section as follows, in accordance with the written plan of
cooperation entered into under section 307.983 of the Revised
Code:
(1) To assist individuals achieve or maintain
self-sufficiency, including by reducing or preventing dependency
among individuals with family income not exceeding two hundred per
cent of the federal poverty guidelines;
(2) Subject to division (B) of this section, to respond to
reports of abuse, neglect, or exploitation of children and adults,
including through the differential response approach program
developed under Section 309.50.10 of this act;
(3) To provide outreach and referral services regarding home
and community-based services to individuals at risk of placement
in a group home or institution, regardless of the individuals'
family income and without need for a written application;
(4) To provide outreach, referral, application assistance,
and other services to assist individuals receive assistance,
benefits, or services under Medicaid; Title IV-A programs, as
defined in section 5101.80 of the Revised Code; the Supplemental
Nutrition Assistance Program; and other public assistance
programs.
(B) Protective services may be provided to a child or adult
as part of a response, under division (A)(2) of this section, to a
report of abuse, neglect, or exploitation without regard to a
child or adult's family income and without need for a written
application. The protective services may be provided if the case
record documents circumstances of actual or potential abuse,
neglect, or exploitation.
Section 309.50.40. ADOPTION ASSISTANCE LOAN
Of the foregoing appropriation item 600634, Adoption
Assistance Loan, the Department of Job and Family Services may use
up to ten per cent for administration of adoption assistance loans
pursuant to section 3107.018 of the Revised Code.
Section 309.60. UNEMPLOYMENT COMPENSATION
Section 309.60.10. FEDERAL UNEMPLOYMENT PROGRAMS
All unexpended funds remaining at the end of fiscal year 2011
that were appropriated and made available to the state under
section 903(d) of the Social Security Act, as amended, in the
foregoing appropriation item 600678, Federal Unemployment Programs
(Fund 3V40), are hereby appropriated to the Department of Job and
Family Services. Upon the request of the Director of Job and
Family Services, the Director of Budget and Management may
increase the appropriation for fiscal year 2012 by the amount
remaining unspent from the fiscal year 2011 appropriation and may
increase the appropriation for fiscal year 2013 by the amount
remaining unspent from the fiscal year 2012 appropriation. The
appropriation shall be used under the direction of the Department
of Job and Family Services to pay for administrative activities
for the Unemployment Insurance Program, employment services, and
other allowable expenditures under section 903(d) of the Social
Security Act, as amended.
The amounts obligated pursuant to this section shall not
exceed at any time the amount by which the aggregate of the
amounts transferred to the account of the state under section
903(d) of the Social Security Act, as amended, exceeds the
aggregate of the amounts obligated for administration and paid out
for benefits and required by law to be charged against the amounts
transferred to the account of the state.
Section 311.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW
GRF |
029321 |
|
Operating Expenses |
|
$ |
435,168 |
|
$ |
435,168 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
435,168 |
|
$ |
435,168 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
435,168 |
|
$ |
435,168 |
|
|
The Chief Administrative Officer of the House of
Representatives and the Clerk of the Senate shall determine, by
mutual agreement, which of them shall act as fiscal agent for the
Joint Committee on Agency Rule Review. Members of the Committee
shall be paid in accordance with section 101.35 of the Revised
Code.
On July 1, 2011, or as soon as possible thereafter, the
Executive Director of the Joint Committee on Agency Rule Review
may certify to the Director of Budget and Management the amount of
the unexpended, unencumbered balance of the foregoing
appropriation item 029321, Operating Expenses, at the end of
fiscal year 2011 to be reappropriated to fiscal year 2012. The
amount certified is hereby reappropriated to the same
appropriation item for fiscal year 2012.
On July 1, 2012, or as soon as possible thereafter, the
Executive Director of the Joint Committee on Agency Rule Review
may certify to the Director of Budget and Management the amount of
the unexpended, unencumbered balance of the foregoing
appropriation item 029321, Operating Expenses, at the end of
fiscal year 2012 to be reappropriated to fiscal year 2013. The
amount certified is hereby reappropriated to the same
appropriation item for fiscal year 2013.
Section 313.10. JCO JUDICIAL CONFERENCE OF OHIO
GRF |
018321 |
|
Operating Expenses |
|
$ |
720,000 |
|
$ |
720,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
720,000 |
|
$ |
720,000 |
|
|
General Services Fund Group
4030 |
018601 |
|
Ohio Jury Instructions |
|
$ |
350,000 |
|
$ |
350,000 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
350,000 |
|
$ |
350,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,070,000 |
|
$ |
1,070,000 |
|
|
OHIO JURY INSTRUCTIONS FUND
The Ohio Jury Instructions Fund (Fund 4030) shall consist of
grants, royalties, dues, conference fees, bequests, devises, and
other gifts received for the purpose of supporting costs incurred
by the Judicial Conference of Ohio in its activities as a part of
the judicial system of the state as determined by the Judicial
Conference Executive Committee. Fund 4030 shall be used by the
Judicial Conference of Ohio to pay expenses incurred in its
activities as a part of the judicial system of the state as
determined by the Judicial Conference Executive Committee. All
moneys accruing to Fund 4030 in excess of $350,000 in fiscal year
2012 and in excess of $350,000 in fiscal year 2013 are hereby
appropriated for the purposes authorized.
No money in Fund 4030 shall be transferred to any other fund
by the Director of Budget and Management or the Controlling Board.
Section 315.10. JSC THE JUDICIARY/SUPREME COURT
GRF |
005321 |
|
Operating Expenses - Judiciary/Supreme Court |
|
$ |
133,497,850 |
|
$ |
132,358,640 |
|
|
GRF |
005401 |
|
State Criminal Sentencing Council |
|
$ |
206,770 |
|
$ |
206,770 |
|
|
GRF |
005406 |
|
Law Related Education |
|
$ |
236,172 |
|
$ |
236,172 |
|
|
GRF |
005409 |
|
Ohio Courts Technology Initiative |
|
$ |
2,150,000 |
|
$ |
2,150,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
136,090,792 |
|
$ |
134,951,582 |
|
|
General Services Fund Group
6720 |
005601 |
|
Continuing Judicial Education |
|
$ |
172,142 |
|
$ |
169,420 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
172,142 |
|
$ |
169,420 |
|
|
Federal Special Revenue Fund Group
3J00 |
005603 |
|
Federal Grants |
|
$ |
1,653,317 |
|
$ |
1,605,717 |
|
|
TOTAL FED Federal Special Revenue Fund Group
| |
$ |
1,653,317 |
|
$ |
1,605,717 |
|
|
State Special Revenue Fund Group
4C80 |
005605 |
|
Attorney Services |
|
$ |
3,718,328 |
|
$ |
3,695,192 |
|
|
5HT0 |
005617 |
|
Court Interpreter Certification |
|
$ |
39,000 |
|
$ |
39,000 |
|
|
5T80 |
005609 |
|
Grants and Awards |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
6A80 |
005606 |
|
Supreme Court Admissions |
|
$ |
1,223,340 |
|
$ |
1,205,056 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
5,030,668 |
|
$ |
4,989,248 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
142,946,919 |
|
$ |
141,715,967 |
|
|
The foregoing appropriation item 005406, Law-Related
Education, shall be distributed directly to the Ohio Center for
Law-Related Education for the purposes of providing continuing
citizenship education activities to primary and secondary
students, expanding delinquency prevention programs, increasing
activities for at-risk youth, and accessing additional public and
private money for new programs.
OHIO COURTS TECHNOLOGY INITIATIVE
The foregoing appropriation item 005409, Ohio Courts
Technology Initiative, shall be used to fund an initiative by the
Supreme Court to facilitate the exchange of information and
warehousing of data by and between Ohio courts and other justice
system partners through the creation of an Ohio Courts Network,
the delivery of technology services to courts throughout the
state, including the provision of hardware, software, and the
development and implementation of educational and training
programs for judges and court personnel, and operation of the
Commission on Technology and the Courts by the Supreme Court for
the promulgation of statewide rules, policies, and uniform
standards, and to aid in the orderly adoption and comprehensive
use of technology in Ohio courts.
CONTINUING JUDICIAL EDUCATION
The Continuing Judicial Education Fund (Fund 6720) shall
consist of fees paid by judges and court personnel for attending
continuing education courses and other gifts and grants received
for the purpose of continuing judicial education. The foregoing
appropriation item 005601, Continuing Judicial Education, shall be
used to pay expenses for continuing education courses for judges
and court personnel. If it is determined by the Administrative
Director of the Supreme Court that additional appropriations are
necessary, the amounts are hereby appropriated.
No money in Fund 6720 shall be transferred to any other fund
by the Director of Budget and Management or the Controlling Board.
Interest earned on money in Fund 6720 shall be credited to the
fund.
The Federal Grants Fund (Fund 3J00) shall consist of grants
and other moneys awarded to the Supreme Court (The Judiciary) by
the United States Government or other entities that receive the
moneys directly from the United States Government and distribute
those moneys to the Supreme Court (The Judiciary). The foregoing
appropriation item 005603, Federal Grants, shall be used in a
manner consistent with the purpose of the grant or award. If it is
determined by the Administrative Director of the Supreme Court
that additional appropriations are necessary, the amounts are
hereby appropriated.
No money in Fund 3J00 shall be transferred to any other fund
by the Director of Budget and Management or the Controlling Board.
However, interest earned on money in Fund 3J00 shall be credited
or transferred to the General Revenue Fund.
The Attorney Services Fund (Fund 4C80), formerly known as the
Attorney Registration Fund, shall consist of money received by the
Supreme Court (The Judiciary) pursuant to the Rules for the
Government of the Bar of Ohio. In addition to funding other
activities considered appropriate by the Supreme Court, the
foregoing appropriation item 005605, Attorney Services, may be
used to compensate employees and to fund appropriate activities of
the following offices established by the Supreme Court: the Office
of Disciplinary Counsel, the Board of Commissioners on Grievances
and Discipline, the Clients' Security Fund, and the Attorney
Services Division. If it is determined by the Administrative
Director of the Supreme Court that additional appropriations are
necessary, the amounts are hereby appropriated.
No money in Fund 4C80 shall be transferred to any other fund
by the Director of Budget and Management or the Controlling Board.
Interest earned on money in Fund 4C80 shall be credited to the
fund.
COURT INTERPRETER CERTIFICATION
The Court Interpreter Certification Fund (Fund 5HT0) shall
consist of money received by the Supreme Court (The Judiciary)
pursuant to Rules 80 through 87 of the Rules of Superintendence
for the Courts of Ohio. The foregoing appropriation item 005617,
Court Interpreter Certification, shall be used to provide
training, to provide the written examination, and to pay language
experts to rate, or grade, the oral examinations of those applying
to become certified court interpreters. If it is determined by the
Administrative Director that additional appropriations are
necessary, the amounts are hereby appropriated.
No money in Fund 5HT0 shall be transferred to any other fund
by the Director of Budget and Management or the Controlling Board.
Interest earned on money in Fund 5HT0 shall be credited to the
fund.
The Grants and Awards Fund (Fund 5T80) shall consist of
grants and other money awarded to the Supreme Court (The
Judiciary) by the State Justice Institute, the Division of
Criminal Justice Services, or other entities. The foregoing
appropriation item 005609, Grants and Awards, shall be used in a
manner consistent with the purpose of the grant or award. If it is
determined by the Administrative Director of the Supreme Court
that additional appropriations are necessary, the amounts are
hereby appropriated.
No money in Fund 5T80 shall be transferred to any other fund
by the Director of Budget and Management or the Controlling Board.
However, interest earned on money in Fund 5T80 shall be credited
or transferred to the General Revenue Fund.
The foregoing appropriation item 005606, Supreme Court
Admissions, shall be used to compensate Supreme Court employees
who are primarily responsible for administering the attorney
admissions program under the Rules for the Government of the Bar
of Ohio, and to fund any other activities considered appropriate
by the court. Moneys shall be deposited into the Supreme Court
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the
Government of the Bar of Ohio. If it is determined by the
Administrative Director of the Supreme Court that additional
appropriations are necessary, the amounts are hereby appropriated.
No money in Fund 6A80 shall be transferred to any other fund
by the Director of Budget and Management or the Controlling Board.
Interest earned on money in Fund 6A80 shall be credited to the
fund.
Section 317.10. LEC LAKE ERIE COMMISSION
Federal Special Revenue Fund Group
3EP0 |
780603 |
|
Lake Erie Federal Grants |
|
$ |
95,750 |
|
$ |
95,750 |
|
|
TOTAL FED Federal Special Revenue Fund Group
| |
$ |
95,750 |
|
$ |
95,750 |
|
|
State Special Revenue Fund Group
4C00 |
780601 |
|
Lake Erie Protection Fund |
|
$ |
400,000 |
|
$ |
400,000 |
|
|
5D80 |
780602 |
|
Lake Erie Resources Fund |
|
$ |
261,783 |
|
$ |
250,143 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
661,783 |
|
$ |
650,143 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
757,533 |
|
$ |
745,893 |
|
|
Section 319.10. LRS LEGAL RIGHTS SERVICE
GRF |
054321 |
|
Support Services |
|
$ |
97,255 |
|
$ |
24,314 |
|
|
GRF |
054401 |
|
Ombudsman |
|
$ |
142,003 |
|
$ |
35,750 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
239,258 |
|
$ |
60,064 |
|
|
General Services Fund Group
5M00 |
054610 |
|
Settlements |
|
$ |
181,352 |
|
$ |
32,839 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
181,352 |
|
$ |
32,839 |
|
|
Federal Special Revenue Fund Group
3050 |
054602 |
|
Protection and Advocacy - Developmentally Disabled |
|
$ |
1,662,991 |
|
$ |
415,748 |
|
|
3AG0 |
054613 |
|
Protection and Advocacy - Voter Accessibility |
|
$ |
135,000 |
|
$ |
33,752 |
|
|
3B80 |
054603 |
|
Protection and Advocacy - Mentally Ill |
|
$ |
1,152,677 |
|
$ |
288,170 |
|
|
3CA0 |
054615 |
|
Work Incentives Planning and Assistance |
|
$ |
355,000 |
|
$ |
88,752 |
|
|
3N30 |
054606 |
|
Protection and Advocacy - Individual Rights |
|
$ |
591,112 |
|
$ |
147,779 |
|
|
3N90 |
054607 |
|
Assistive Technology |
|
$ |
135,000 |
|
$ |
33,751 |
|
|
3R90 |
054616 |
|
Developmental Disability Publications |
|
$ |
130,000 |
|
$ |
32,500 |
|
|
3T20 |
054609 |
|
Client Assistance Program |
|
$ |
435,000 |
|
$ |
108,752 |
|
|
3X10 |
054611 |
|
Protection and Advocacy - Beneficiaries of Social Security |
|
$ |
235,000 |
|
$ |
58,752 |
|
|
3Z60 |
054612 |
|
Protection and Advocacy - Traumatic Brain Injury |
|
$ |
151,624 |
|
$ |
37,907 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
4,983,404 |
|
$ |
1,245,863 |
|
|
State Special Revenue Fund Group
5AE0 |
054614 |
|
Grants and Contracts |
|
$ |
74,600 |
|
$ |
18,652 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
74,600 |
|
$ |
18,652 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
5,478,614 |
|
$ |
1,357,418 |
|
|
Section 319.20. CONVERSION OF LEGAL RIGHTS SERVICE TO A
NONPROFIT ENTITY
(A) Not later than December 31, 2011, the administrator of
the Legal Rights Service, in consultation with the Legal Rights
Service Commission, shall establish a nonprofit entity to provide
advocacy services and a client assistance program for people with
disabilities. The Legal Rights Service may subcontract with the
nonprofit entity to perform any functions that the Legal Rights
Service is permitted or required to perform.
(B)(1) Not later than September 30, 2012, and subject to
division (B)(2) of this section, the Governor shall designate the
nonprofit entity established under division (A) of this section to
serve as the state's protection and advocacy system, as provided
under 42 U.S.C. 15001, and as the state's client assistance
program, as provided under 29 U.S.C. 732. On October 1, 2012,
pursuant to section 5123.60 of the Revised Code, as enacted by
this act, the nonprofit entity is the Ohio Protection and Advocacy
System.
(2) The Governor shall make the designation only if the
nonprofit entity complies with all federal law regarding a
protection and advocacy system and client assistance program.
(C) Effective October 1, 2012, the Legal Rights Service, the
Legal Rights Service Commission, and the Ombudsperson Section of
the Legal Rights Service are abolished.
Any aspect of the function of the Legal Rights Service, Legal
Rights Service Commission, and the Ombudsperson Section of the
Legal Rights Service commenced, but not completed on October 1,
2012 shall be completed by the nonprofit entity in the same
manner, and with the same effect, as if completed by the Legal
Rights Service, Legal Rights Service Commission, and the
Ombudsperson Section of the Legal Rights Service as they existed
immediately prior to October 1, 2012. No validation, cure, right,
privilege, remedy, obligation, or liability pertaining to the
Legal Rights Service, Legal Rights Service Commission, and the
Ombudsperson Section of the Legal Rights Service is lost or
impaired by reason of the abolishment of the Legal Rights Service,
Legal Rights Service Commission, and the Ombudsperson Section of
the Legal Rights Service. Each such validation, cure, right,
privilege, remedy, obligation, or liability shall be administered
by the nonprofit entity established under division (A) of this
section.
Any action or proceeding that is related to the functions or
duties of the Legal Rights Service, Legal Rights Service
Commission, and the Ombudsperson Section of the Legal Rights
Service pending on September 30, 2012, is not affected by the
abolishment of the Legal Rights Service, the Legal Rights Service
Commission, and the Ombudsperson Section of the Legal Rights
Service and shall be prosecuted or defended in the name of the
nonprofit entity. In all such actions and proceedings the
nonprofit entity, on application to the court, shall be
substituted as a party.
(D) The foregoing appropriation items 054321, Support
Services, and 054401, Ombudsman, may be used to support the costs
of transitioning the Ohio Legal Rights Service into a nonprofit
entity.
Section 321.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE
GRF |
028321 |
|
Legislative Ethics Committee |
|
$ |
550,000 |
|
$ |
550,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
550,000 |
|
$ |
550,000 |
|
|
General Services Fund Group
4G70 |
028601 |
|
Joint Legislative Ethics Committee |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
100,000 |
|
$ |
100,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
650,000 |
|
$ |
650,000 |
|
|
Section 323.10. LSC LEGISLATIVE SERVICE COMMISSION
GRF |
035321 |
|
Operating Expenses |
|
$ |
15,117,700 |
|
$ |
15,117,700 |
|
|
GRF |
035402 |
|
Legislative Fellows |
|
$ |
1,022,120 |
|
$ |
1,022,120 |
|
|
GRF |
035405 |
|
Correctional Institution Inspection Committee |
|
$ |
438,900 |
|
$ |
438,900 |
|
|
GRF |
035407 |
|
Legislative Task Force on Redistricting |
|
$ |
750,000 |
|
$ |
750,000 |
|
|
GRF |
035409 |
|
National Associations |
|
$ |
460,560 |
|
$ |
460,560 |
|
|
GRF |
035410 |
|
Legislative Information Systems |
|
$ |
3,661,250 |
|
$ |
3,661,250 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
21,450,530 |
|
$ |
21,450,530 |
|
|
General Services Fund Group
4100 |
035601 |
|
Sale of Publications |
|
$ |
10,000 |
|
$ |
10,000 |
|
|
4F60 |
035603 |
|
Legislative Budget Services |
|
$ |
200,000 |
|
$ |
200,000 |
|
|
5EF0 |
035607 |
|
Legislative Agency Telephone Usage |
|
$ |
30,000 |
|
$ |
30,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
240,000 |
|
$ |
240,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
21,690,530 |
|
$ |
21,690,530 |
|
|
LEGISLATIVE TASK FORCE ON REDISTRICTING
An amount equal to the unexpended, unencumbered portion of
the foregoing appropriation item 035407, Legislative Task Force on
Redistricting, at the end of fiscal year 2011 is hereby
reappropriated to the Legislative Service Commission for the same
purpose for fiscal year 2012.
Section 325.10. LIB STATE LIBRARY BOARD
GRF |
350321 |
|
Operating Expenses |
|
$ |
5,057,312 |
|
$ |
5,057,364 |
|
|
GRF |
350401 |
|
Ohioana Rental Payments |
|
$ |
124,437 |
|
$ |
124,437 |
|
|
GRF |
350502 |
|
Regional Library Systems |
|
$ |
582,469 |
|
$ |
582,469 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
5,764,218 |
|
$ |
5,764,270 |
|
|
General Services Fund Group
1390 |
350602 |
|
Intra-Agency Service Charges |
|
$ |
9,000 |
|
$ |
9,000 |
|
|
4590 |
350603 |
|
Library Service Charges |
|
$ |
2,986,424 |
|
$ |
2,986,180 |
|
|
4S40 |
350604 |
|
Ohio Public Library Information Network |
|
$ |
5,689,401 |
|
$ |
5,689,788 |
|
|
5GB0 |
350605 |
|
Library for the Blind |
|
$ |
1,274,194 |
|
$ |
1,274,194 |
|
|
5GG0 |
350606 |
|
Gates Foundation Grants |
|
$ |
6,000 |
|
$ |
0 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
9,965,019 |
|
$ |
9,959,162 |
|
|
Federal Special Revenue Fund Group
3130 |
350601 |
|
LSTA Federal |
|
$ |
5,879,314 |
|
$ |
5,879,314 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
5,879,314 |
|
$ |
5,879,314 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
21,608,551 |
|
$ |
21,602,746 |
|
|
The foregoing appropriation item 350401, Ohioana Rental
Payments, shall be used to pay the rental expenses of the Martha
Kinney Cooper Ohioana Library Association under section 3375.61 of
the Revised Code.
The foregoing appropriation item 350502, Regional Library
Systems, shall be used to support regional library systems
eligible for funding under sections 3375.83 and 3375.90 of the
Revised Code.
OHIO PUBLIC LIBRARY INFORMATION NETWORK
(A) The foregoing appropriation item 350604, Ohio Public
Library Information Network, shall be used for an information
telecommunications network linking public libraries in the state
and such others as may participate in the Ohio Public Library
Information Network (OPLIN).
The Ohio Public Library Information Network Board of Trustees
created under section 3375.65 of the Revised Code may make
decisions regarding use of the foregoing appropriation item
350604, Ohio Public Library Information Network.
(B) Of the foregoing appropriation item 350604, Ohio Public
Library Information Network, up to $81,000 in each fiscal year
shall be used to help local libraries use filters to screen out
obscene and illegal internet materials.
The OPLIN Board shall research and assist or advise local
libraries with regard to emerging technologies and methods that
may be effective means to control access to obscene and illegal
materials. The OPLIN Director shall provide written reports upon
request within ten days to the Governor, the Speaker and Minority
Leader of the House of Representatives, and the President and
Minority Leader of the Senate on any steps being taken by OPLIN
and public libraries in the state to limit and control such
improper usage as well as information on technological, legal, and
law enforcement trends nationally and internationally affecting
this area of public access and service.
(C) The Ohio Public Library Information Network, INFOhio, and
OhioLINK shall, to the extent feasible, coordinate and cooperate
in their purchase or other acquisition of the use of electronic
databases for their respective users and shall contribute funds in
an equitable manner to such effort.
The foregoing appropriation item 350605, Library for the
Blind, shall be used for the statewide Talking Book Program to
assist the blind and disabled.
TRANSFER TO OPLIN TECHNOLOGY FUND
Notwithstanding sections 5747.03 and 5747.47 of the Revised
Code and any other provision of law to the contrary, in accordance
with a schedule established by the Director of Budget and
Management, the Director of Budget and Management shall transfer
$3,689,401 in cash in fiscal year 2012 and $3,689,788 in cash in
fiscal year 2013 from the Public Library Fund (Fund 7065) to the
OPLIN Technology Fund (Fund 4S40).
TRANSFER TO LIBRARY FOR THE BLIND FUND
Notwithstanding sections 5747.03 and 5747.47 of the Revised
Code and any other provision of law to the contrary, in accordance
with a schedule established by the Director of Budget and
Management, the Director of Budget and Management shall transfer
$1,274,194 cash in each fiscal year from the Public Library Fund
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).
Section 327.10. LCO LIQUOR CONTROL COMMISSION
Liquor Control Fund Group
7043 |
970321 |
|
Operating Expenses |
|
$ |
753,933 |
|
$ |
754,146 |
|
|
TOTAL LCF Liquor Control Fund Group
| |
$ |
753,933 |
|
$ |
754,146 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
753,933 |
|
$ |
754,146 |
|
|
Section 329.10. LOT STATE LOTTERY COMMISSION
2310 |
950604 |
|
Charitable Gaming Oversight |
|
$ |
1,946,000 |
|
$ |
1,946,000 |
|
|
7044 |
950100 |
|
Personal Services |
|
$ |
30,018,152 |
|
$ |
30,004,979 |
|
|
7044 |
950200 |
|
Maintenance |
|
$ |
13,558,000 |
|
$ |
13,266,150 |
|
|
7044 |
950300 |
|
Equipment |
|
$ |
4,810,440 |
|
$ |
4,465,690 |
|
|
7044 |
950402 |
|
Advertising Contracts |
|
$ |
26,136,000 |
|
$ |
26,136,000 |
|
|
7044 |
950403 |
|
Gaming Contracts |
|
$ |
46,476,608 |
|
$ |
47,359,732 |
|
|
7044 |
950500 |
|
Problem Gambling Subsidy |
|
$ |
350,000 |
|
$ |
350,000 |
|
|
7044 |
950601 |
|
Direct Prize Payments |
|
$ |
131,995,700 |
|
$ |
133,263,456 |
|
|
8710 |
950602 |
|
Annuity Prizes |
|
$ |
77,206,258 |
|
$ |
77,641,283 |
|
|
TOTAL SLF State Lottery Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
332,497,158 |
|
$ |
334,433,290 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
332,497,158 |
|
$ |
334,433,290 |
|
|
Notwithstanding sections 127.14 and 131.35 of the Revised
Code, the Controlling Board may, at the request of the State
Lottery Commission, authorize expenditures from the State Lottery
Fund in excess of the amounts appropriated, up to a maximum of 15
per cent of anticipated total revenue accruing from the sale of
lottery tickets. Upon the approval of the Controlling Board, the
additional amounts are hereby appropriated.
Any amounts, in addition to the amounts appropriated in
appropriation item 950601, Direct Prize Payments, that the
Director of the State Lottery Commission determines to be
necessary to fund prizes are hereby appropriated.
Upon request of the State Lottery Commission, the Director of
Budget and Management may transfer cash from the State Lottery
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in
an amount sufficient to fund deferred prizes. The Treasurer of
State, from time to time, shall credit the Deferred Prizes Trust
Fund (Fund 8710) the pro rata share of interest earned by the
Treasurer of State on invested balances.
Any amounts, in addition to the amounts appropriated in
appropriation item 950602, Annuity Prizes, that the Director of
the State Lottery Commission determines to be necessary to fund
deferred prizes and interest earnings are hereby appropriated.
TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND
The Director of Budget and Management shall transfer an
amount greater than or equal to $717,500,000 in fiscal year 2012
and $680,500,000 in fiscal year 2013 from the State Lottery Fund
to the Lottery Profits Education Fund (Fund 7017). Transfers from
the State Lottery Fund to the Lottery Profits Education Fund shall
represent the estimated net income from operations for the
Commission in fiscal year 2012 and fiscal year 2013. Transfers by
the Director of Budget and Management to the Lottery Profits
Education Fund shall be administered as the statutes direct.
Section 331.10. MHC MANUFACTURED HOMES COMMISSION
General Services Fund Group
4K90 |
996609 |
|
Operating Expenses |
|
$ |
652,922 |
|
$ |
642,267 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
652,922 |
|
$ |
642,267 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
652,922 |
|
$ |
642,267 |
|
|
Section 333.10. MED STATE MEDICAL BOARD
General Services Fund Group
5C60 |
883609 |
|
Operating Expenses |
|
$ |
9,292,393 |
|
$ |
9,172,062 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
9,292,393 |
|
$ |
9,172,062 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
9,292,393 |
|
$ |
9,172,062 |
|
|
Section 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD
General Services Fund Group
4K90 |
915604 |
|
Operating Expenses |
|
$ |
493,641 |
|
$ |
493,856 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
493,641 |
|
$ |
493,856 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
493,641 |
|
$ |
493,856 |
|
|
Section 337.10. DMH DEPARTMENT OF MENTAL HEALTH
GRF |
332401 |
|
Forensic Services |
|
$ |
3,244,251 |
|
$ |
3,244,251 |
|
|
GRF |
333321 |
|
Central Administration |
|
$ |
16,000,000 |
|
$ |
16,000,000 |
|
|
GRF |
333402 |
|
Resident Trainees |
|
$ |
450,000 |
|
$ |
450,000 |
|
|
GRF |
333403 |
|
Pre-Admission Screening Expenses |
|
$ |
486,119 |
|
$ |
486,119 |
|
|
GRF |
333415 |
|
Lease-Rental Payments |
|
$ |
18,394,250 |
|
$ |
19,907,900 |
|
|
GRF |
333416 |
|
Research Program Evaluation |
|
$ |
421,724 |
|
$ |
421,998 |
|
|
GRF |
334412 |
|
Hospital Services |
|
$ |
202,018,888 |
|
$ |
192,051,209 |
|
|
GRF |
334506 |
|
Court Costs |
|
$ |
584,210 |
|
$ |
584,210 |
|
|
GRF |
335405 |
|
Family & Children First |
|
$ |
1,386,000 |
|
$ |
1,386,000 |
|
|
GRF |
335419 |
|
Community Medication Subsidy |
|
$ |
8,963,818 |
|
$ |
8,963,818 |
|
|
GRF |
335501 |
|
Mental Health Medicaid Match |
|
$ |
186,400,000 |
|
$ |
0 |
|
|
GRF |
335505 |
|
Local Mental Health Systems of Care |
|
$ |
38,913,776 |
|
$ |
48,037,955 |
|
|
GRF |
335506 |
|
Residential State Supplement |
|
$ |
4,702,875 |
|
$ |
4,702,875 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
481,965,911 |
|
$ |
296,236,335 |
|
|
General Services Fund Group
1490 |
333609 |
|
Central Office Operating |
|
$ |
1,343,190 |
|
$ |
1,343,190 |
|
|
1490 |
334609 |
|
Hospital - Operating Expenses |
|
$ |
28,190,000 |
|
$ |
28,190,000 |
|
|
1500 |
334620 |
|
Special Education |
|
$ |
150,000 |
|
$ |
150,000 |
|
|
4P90 |
335604 |
|
Community Mental Health Projects |
|
$ |
4,061,100 |
|
$ |
250,000 |
|
|
1510 |
336601 |
|
Office of Support Services |
|
$ |
129,770,770 |
|
$ |
129,779,822 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
163,515,060 |
|
$ |
159,713,012 |
|
|
Federal Special Revenue Fund Group
3240 |
333605 |
|
Medicaid/Medicare |
|
$ |
154,500 |
|
$ |
154,500 |
|
|
3A60 |
333608 |
|
Community and Hospital Services |
|
$ |
140,000 |
|
$ |
140,000 |
|
|
3A70 |
333612 |
|
Social Services Block Grant |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
3A80 |
333613 |
|
Federal Grant - Administration |
|
$ |
4,717,000 |
|
$ |
4,717,000 |
|
|
3A90 |
333614 |
|
Mental Health Block Grant - Administration |
|
$ |
748,470 |
|
$ |
748,470 |
|
|
3B10 |
333635 |
|
Community Medicaid Expansion |
|
$ |
13,691,682 |
|
$ |
13,691,682 |
|
|
3240 |
334605 |
|
Medicaid/Medicare |
|
$ |
28,200,000 |
|
$ |
28,200,000 |
|
|
3A60 |
334608 |
|
Federal Miscellaneous |
|
$ |
200,000 |
|
$ |
200,000 |
|
|
3A80 |
334613 |
|
Federal Letter of Credit |
|
$ |
200,000 |
|
$ |
200,000 |
|
|
3A60 |
335608 |
|
Federal Miscellaneous |
|
$ |
2,170,000 |
|
$ |
2,170,000 |
|
|
3A70 |
335612 |
|
Social Services Block Grant |
|
$ |
8,400,000 |
|
$ |
8,400,000 |
|
|
3A80 |
335613 |
|
Federal Grant - Community Mental Health Board Subsidy |
|
$ |
2,500,000 |
|
$ |
2,500,000 |
|
|
3A90 |
335614 |
|
Mental Health Block Grant |
|
$ |
14,200,000 |
|
$ |
14,200,000 |
|
|
3B10 |
335635 |
|
Community Medicaid Expansion |
|
$ |
346,200,000 |
|
$ |
0 |
|
|
TOTAL FED Federal Special Revenue Fund Group
| |
$ |
421,571,652 |
|
$ |
75,371,652 |
|
|
State Special Revenue Fund Group
2320 |
333621 |
|
Family and Children First Administration |
|
$ |
448,286 |
|
$ |
432,197 |
|
|
4850 |
333632 |
|
Mental Health Operating |
|
$ |
134,233 |
|
$ |
134,233 |
|
|
4X50 |
333607 |
|
Behavioral Health Medicaid Services |
|
$ |
3,000,624 |
|
$ |
3,000,624 |
|
|
5V20 |
333611 |
|
Non-Federal Miscellaneous |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
4850 |
334632 |
|
Mental Health Operating |
|
$ |
2,477,500 |
|
$ |
2,477,500 |
|
|
5AU0 |
335615 |
|
Behavioral Healthcare |
|
$ |
6,690,000 |
|
$ |
6,690,000 |
|
|
6320 |
335616 |
|
Community Capital Replacement |
|
$ |
350,000 |
|
$ |
350,000 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
13,200,643 |
|
$ |
13,184,554 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,080,253,266 |
|
$ |
544,505,553 |
|
|
Section 337.10.10. FORENSIC SERVICES
The foregoing appropriation item 332401, Forensic Services,
shall be used to provide forensic psychiatric evaluations to
courts of common pleas and to conduct evaluations of patients of
forensic status in facilities operated or designated by the
Department of Mental Health prior to conditional release to the
community. A portion of this appropriation may be allocated
through community mental health boards to certified community
agencies in accordance with a distribution methodology as
determined by the Director of Mental Health.
In addition, appropriation item 332401, Forensic Services,
may be used to provide forensic monitoring and tracking of
individuals on conditional release and forensic training, and to
support projects that assist courts and law enforcement to
identify and develop appropriate alternative services to
incarceration for nonviolent mentally ill offenders, and to
provide specialized re-entry services to offenders leaving prisons
and jails.
Section 337.20.10. RESIDENCY TRAINEESHIP PROGRAMS
The foregoing appropriation item 333402, Resident Trainees,
shall be used to fund training agreements entered into by the
Director of Mental Health for the development of curricula and the
provision of training programs to support public mental health
services.
Section 337.20.20. PRE-ADMISSION SCREENING EXPENSES
The foregoing appropriation item 333403, Pre-Admission
Screening Expenses, shall be used to ensure that uniform statewide
methods for pre-admission screening are in place for persons who
have severe mental illness and are referred for long-term Medicaid
certified nursing facility placement. Pre-admission screening
includes the following activities: pre-admission assessment,
consideration of continued stay requests, discharge planning and
referral, and adjudication of appeals and grievance procedures.
Section 337.20.30. LEASE-RENTAL PAYMENTS
The foregoing appropriation item 333415, Lease-Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2011, through
June 30, 2013, by the Department of Mental Health under leases and
agreements made under section 154.20 of the Revised Code. These
appropriations are the source of funds pledged for bond service
charges on obligations issued pursuant to Chapter 154. of the
Revised Code.
Section 337.20.50. HOSPITAL SERVICES
The foregoing appropriation item 334412, Hospital Services,
shall be used for the operation of the Department of Mental Health
State Regional Psychiatric Hospitals, including, but not limited
to, all aspects involving civil and forensic commitment,
treatment, and discharge as determined by the Director of Mental
Health. A portion of this appropriation may be used by the
Department of Mental Health to create, purchase, or contract for
the custody, supervision, control, and treatment of persons
committed to the Department of Mental Health in other clinically
appropriate environments, consistent with public safety.
Section 337.20.60. FISCAL YEARS 2012 AND 2013 ALLOCATIONS OF
STATE HOSPITAL FUNDS TO ADAMHS BOARDS
(A) As used in this section:
"Bed day" means a day for which a person receives inpatient
hospitalization services in a state regional psychiatric hospital.
"State regional psychiatric hospital" means a hospital that
the Department of Mental Health maintains, operates, manages, and
governs under section 5119.02 of the Revised Code for the care and
treatment of mentally ill persons.
(B) For fiscal years 2012 and 2013 and notwithstanding
section 5119.62 of the Revised Code, the Director of Mental Health
shall allocate a portion of the foregoing appropriation item
334412, Hospital Services, to boards of alcohol, drug addiction,
and mental health services. In consultation with the boards, the
Director shall establish a methodology to be used in allocating
the funds to boards. The allocation methodology shall include as
factors at least the per diem cost of inpatient hospitalization
services at state regional psychiatric hospitals and the estimated
number of bed days that each board will incur in fiscal years 2012
and 2013 in carrying out their duties under division (A)(12) of
section 340.03 of the Revised Code. The Director may require each
board to provide the Director with an estimate of the number of
bed days the board will incur in fiscal years 2012 and 2013 for
such purpose.
(C) All of the following apply to the funds allocated to a
board under this section:
(1) Subject to divisions (C)(2) and (3) of this section, the
board shall use the funds to pay for expenditures the board incurs
in fiscal years 2012 and 2013 under division (A)(12) of section
340.03 of the Revised Code in paying for inpatient hospitalization
services provided by state regional psychiatric hospitals to
persons involuntarily committed to the board pursuant to Chapter
5122. of the Revised Code.
(2) If the amount of the funds allocated to the board and
used for the purpose specified in division (C)(1) of this section
exceeds the amount that the board needs to pay for its
expenditures identified in division (C)(1) of this section, the
Director may permit the board to use the excess funds for the
board's community mental health plan developed under division
(A)(1)(c) of section 340.03 of the Revised Code.
(3) If the Director approves, the board may have a portion of
the funds deposited into the Department of Mental Health Risk
Fund.
(D) Notwithstanding the amendment by this act to section
5119.62 of the Revised Code, the Department of Mental Health Risk
Fund shall continue to exist in the state treasury for the purpose
of this section until it is no longer needed. In addition to the
money that is in the fund on the effective date of this section,
the fund shall consist of money deposited into it pursuant to
division (C)(3) of this section and all the fund's investment
earnings. Money in the fund shall be used in accordance with
guidelines that the Director shall develop in consultation with
representatives of the boards.
Section 337.30.10. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN
In collaboration with the county family and children first
council, a county board of alcohol, drug addiction, and mental
health services or community mental health services board that
receives allocations from the Department of Mental Health from
appropriation item 335405, Family & Children First, may transfer
portions of those allocations to a flexible funding pool as
authorized by the section titled FAMILY AND CHILDREN FIRST
FLEXIBLE FUNDING POOL.
Section 337.30.20. COMMUNITY MEDICATION SUBSIDY
The foregoing appropriation item 335419, Community Medication
Subsidy, shall be used to provide subsidized support for
psychotropic medication needs of indigent citizens in the
community to reduce unnecessary hospitalization because of lack of
medication and to provide subsidized support for methadone costs.
This appropriation may be allocated to community mental health
boards in accordance with a distribution methodology determined by
the Director of Mental Health.
Section 337.30.30. MENTAL HEALTH MEDICAID MATCH
(A) As used in this section, "community mental health
Medicaid services" means services provided under the component, or
aspect of the component, of the Medicaid program that the
Department of Mental Health administers pursuant to a contract
entered into with the Department of Job and Family Services under
section 5111.91 of the Revised Code.
(B) Subject to division (C) of this section, the foregoing
appropriation item 335501, Mental Health Medicaid Match, shall be
used by the Department of Mental Health to make payments for
community mental health Medicaid services.
(C) For state fiscal year 2012, the Department shall allocate
foregoing appropriation item 335501, Mental Health Medicaid Match,
to boards of alcohol, drug addiction, and mental health services
in accordance with a distribution methodology the Department shall
establish. Notwithstanding sections 5111.911 and 5111.912 of the
Revised Code, the boards shall use the funds allocated to them
under this section to pay claims for community mental health
Medicaid services provided during fiscal year 2012. The boards
shall use all federal financial participation that the Department
of Mental Health receives for claims paid for community mental
health Medicaid services provided during fiscal year 2012 as the
first payment source to pay claims for community mental health
Medicaid services provided during fiscal year 2012. No board is
required to use any funds other than the funds allocated to them
under this section and the federal financial participation
received for claims for community mental health Medicaid services
provided during fiscal year 2012 to pay for such claims.
(D) The Department shall enter into an agreement with each
board regarding the issue of paying claims that are for community
mental health Medicaid services provided before July 1, 2011, and
submitted for payment on or after that date. Such claims shall be
paid in accordance with the agreements. A board shall receive the
federal financial participation received for claims for community
mental health Medicaid services that were provided before July 1,
2011, and paid by the board.
Section 337.30.40. LOCAL MENTAL HEALTH SYSTEMS OF CARE
The foregoing appropriation item 335505, Local Mental Health
Systems of Care, shall be used by community mental health boards
to purchase mental health services permitted under Chapter 340. of
the Revised Code.
Section 337.30.50. RESIDENTIAL STATE SUPPLEMENT
(A)(1) On the effective date of this section, the Residential
State Supplement Program is transferred from the Department of
Aging to the Department of Mental Health. The transferred program
is thereupon and thereafter successor to, assumes the obligations
of, and otherwise constitutes the continuation of the program as
it was operated immediately prior to the effective date of this
section. The transfer shall not affect persons receiving payments
under the program on the effective date of this section.
(2) Any business of the program commenced but not completed
before the effective date of this section shall be completed by
the Department of Mental Health. The business shall be completed
in the same manner, and with the same effect, as if completed by
the Department of Aging immediately prior to the effective date of
this section. No validation, cure, right, privilege, remedy,
obligation, or liability pertaining to the program is lost or
impaired by reason of the program's transfer to the Department of
Mental Health. Each such validation, cure, right, privilege,
remedy, obligation, or liability shall be administered by the
Department of Mental Health pursuant to sections 5119.69,
5119.691, and 5119.692 of the Revised Code.
(3) All rules, orders, and determinations pertaining to the
program as it was operated immediately prior to the effective date
of this section continue in effect as rules, orders, and
determinations of the Department of Mental Health until modified
or rescinded by the Department of Mental Health. If necessary to
ensure the integrity of the numbering system of the Administrative
Code, the Director of the Legislative Service Commission shall
renumber the rules to reflect the transfer of the Residential
State Supplement Program from the Department of Aging to the
Department of Mental Health.
(4) Any action or proceeding that is related to the functions
or duties of the Residential State Supplement Program pending on
the effective date of this section is not affected by the transfer
of the program and shall be prosecuted or defended in the name of
the Department of Mental Health. In all such actions and
proceedings, the Department of Mental Health, on application to
the court, shall be substituted as a party.
(B) The foregoing appropriation item 335506, Residential
State Supplement, may be used by the Department of Mental Health
to provide training for adult care facilities serving residents
with mental illness, to transfer cash to the Nursing Home
Franchise Permit Fee Fund (Fund 5R20) used by the Department of
Job and Family Services, and to make benefit payments to
residential state supplement recipients. Under the Residential
State Supplement Program, the amount used to determine whether a
resident is eligible for payment, and for determining the amount
per month the eligible resident will receive, shall be as follows:
(1) $927 for a residential care facility, as defined in
section 3721.01 of the Revised Code;
(2) $927 for an adult group home, as defined in section
5119.70 of the Revised Code;
(3) $824 for an adult foster home, as defined in section
5119.692 of the Revised Code;
(4) $824 for an adult family home, as defined in section
5119.70 of the Revised Code;
(5) $824 for a residential facility, as identified in
division (C)(1)(c) of section 5119.69 of the Revised Code; and
(6) $618 for community mental health housing services, as
identified in division (C)(1)(d) of section 5119.69 of the Revised
Code.
The Department of Mental Health shall reflect these amounts
in any applicable rules the Department adopts under section
5119.69 of the Revised Code.
Section 337.30.60. BEHAVIORAL HEALTH MEDICAID SERVICES
The Department of Mental Health shall administer specified
Medicaid services as delegated by the Department of Job and Family
Services in an interagency agreement. The foregoing appropriation
item 333607, Behavioral Health Medicaid Services, may be used to
make payments for free-standing psychiatric hospital inpatient
services as defined in an interagency agreement with the
Department of Job and Family Services.
Section 337.30.70. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING
POOL
A county family and children first council may establish and
operate a flexible funding pool in order to assure access to
needed services by families, children, and older adults in need of
protective services. The operation of the flexible funding pools
shall be subject to the following restrictions:
(A) The county council shall establish and operate the
flexible funding pool in accordance with formal guidance issued by
the Family and Children First Cabinet Council;
(B) The county council shall produce an annual report on its
use of the pooled funds. The annual report shall conform to a
format prescribed in the formal guidance issued by the Family and
Children First Cabinet Council;
(C) Unless otherwise restricted, funds transferred to the
flexible funding pool may include state general revenues allocated
to local entities to support the provision of services to families
and children;
(D) The amounts transferred to the flexible funding pool
shall be limited to amounts that can be redirected without
impairing the achievement of the objectives for which the initial
allocation is designated; and
(E) Each amount transferred to the flexible funding pool from
a specific allocation shall be approved for transfer by the
director of the local agency that was the original recipient of
the allocation.
Section 337.30.75. TRANSITION FOR CURRENTLY CERTIFIED ADULT
FOSTER HOMES
On the effective date of this section, the certification of
adult foster homes is transferred from the Department of Aging to
the Department of Mental Health. A certification that was issued
by the Director of Aging to an adult foster home under former
section 175.36 of the Revised Code and that is current and valid
on the effective date of section 5119.692 of the Revised Code, as
enacted by this act, is deemed to be a certificate issued by the
Director of Mental Health under those sections.
Any business regarding the certification of adult foster
homes commenced but not completed before the effective date of
this section shall be completed by the Department of Mental
Health. The business shall be completed in the same manner, and
with the same effect, as if completed by the Department of Aging
immediately prior to the effective date of this section.
No validation, cure, right, privilege, remedy, obligation, or
liability is lost or impaired by reason of this act's transfer of
responsibility to the Department of Mental Health, from the
Department of Aging, for the certification of adult foster homes.
Each such validation, cure, right, privilege, remedy,
obligation, or liability shall be administered by the Department
of Mental Health pursuant to section 5119.692 of the Revised Code.
All rules, orders, and determinations pertaining to the
certification of adult foster homes as it was operated immediately
prior to the effective date of this section shall continue in
effect as rules, orders, and determinations of the Department of
Mental Health until modified or rescinded by the Department of
Mental Health. If necessary to ensure the integrity of the
numbering system of the Administrative Code, the Director of the
Legislative Service Commission shall renumber the rules to reflect
the transfer of the certification of adult foster homes from the
Department of Aging to the Department of Mental Health.
Any action or proceeding that is related to the functions or
duties of the certification of adult foster homes pending on the
effective date of this section is not affected by the transfer of
the certification and shall be prosecuted or defended in the name
of the Department of Mental Health. In all such actions and
proceedings, the Department of Mental Health, on application to
the court, shall be substituted as a party.
Section 337.30.80. TRANSITION FOR CURRENTLY LICENSED ADULT
CARE FACILITIES
On the effective date of this section, the licensing of adult
care facilities is transferred from the Department of Health to
the Department of Mental Health. A license that was issued by the
Director of Health to an adult care facility under former Chapter
3722. of the Revised Code and that is current and valid on the
effective date of sections 5119.70 to 5119.88 of the Revised Code,
as enacted by this act, is deemed to be a license issued by the
Director of Mental Health under those sections.
Any business regarding the licensing of adult care facilities
commenced but not completed before the effective date of this
section shall be completed by the Department of Mental Health. The
business shall be completed in the same manner, and with the same
effect, as if completed by the Department of Health immediately
prior to the effective date of this section.
No validation, cure, right, privilege, remedy, obligation, or
liability is lost or impaired by reason of this act's transfer of
responsibility to the Department of Mental Health, from the
Department of Health, for the licensing of adult care facilities.
Each such validation, cure, right, privilege, remedy, obligation,
or liability shall be administered by the Department of Mental
Health pursuant to sections 5119.70 to 5119.88 of the Revised
Code.
All rules, orders, and determinations pertaining to the
licensing of adult care facilities as it was operated immediately
prior to the effective date of this section shall continue in
effect as rules, orders, and determinations of the Department of
Mental Health until modified or rescinded by the Department of
Mental Health. If necessary to ensure the integrity of the
numbering system of the Administrative Code, the Director of the
Legislative Service Commission shall renumber the rules to reflect
the transfer of the licensing of adult care facilities from the
Department of Health to the Department of Mental Health.
Any action or proceeding that is related to the functions or
duties of the licensing of adult care facilities pending on the
effective date of this section is not affected by the transfer of
the licensing and shall be prosecuted or defended in the name of
the Department of Mental Health. In all such actions and
proceedings, the Department of Mental Health, on application to
the court, shall be substituted as a party.
Section 339.10. MIH COMMISSION ON MINORITY HEALTH
GRF |
149321 |
|
Operating Expenses |
|
$ |
423,588 |
|
$ |
408,990 |
|
|
GRF |
149501 |
|
Minority Health Grants |
|
$ |
1,061,600 |
|
$ |
1,061,600 |
|
|
GRF |
149502 |
|
Lupus Program |
|
$ |
110,047 |
|
$ |
110,047 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
1,595,235 |
|
$ |
1,580,637 |
|
|
Federal Special Revenue Fund Group
3J90 |
149602 |
|
Federal Grants |
|
$ |
140,000 |
|
$ |
140,000 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
140,000 |
|
$ |
140,000 |
|
|
State Special Revenue Fund Group
4C20 |
149601 |
|
Minority Health Conference |
|
$ |
25,000 |
|
$ |
25,000 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
25,000 |
|
$ |
25,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,760,235 |
|
$ |
1,745,637 |
|
|
Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR
REGISTRATION BOARD
General Services Fund Group
4K90 |
865601 |
|
Operating Expenses |
|
$ |
331,841 |
|
$ |
324,292 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
331,841 |
|
$ |
324,292 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
331,841 |
|
$ |
324,292 |
|
|
Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES
GRF |
725401 |
|
Wildlife-GRF Central Support |
|
$ |
1,800,000 |
|
$ |
1,800,000 |
|
|
GRF |
725413 |
|
Lease Rental Payments |
|
$ |
20,568,600 |
|
$ |
19,734,700 |
|
|
GRF |
725456 |
|
Canal Lands |
|
$ |
135,000 |
|
$ |
135,000 |
|
|
GRF |
725502 |
|
Soil and Water Districts |
|
$ |
2,900,000 |
|
$ |
2,900,000 |
|
|
GRF |
725903 |
|
Natural Resources General Obligation Debt Service |
|
$ |
5,375,300 |
|
$ |
25,209,100 |
|
|
GRF |
727321 |
|
Division of Forestry |
|
$ |
4,878,338 |
|
$ |
4,880,000 |
|
|
GRF |
729321 |
|
Office of Information Technology |
|
$ |
194,118 |
|
$ |
197,117 |
|
|
GRF |
730321 |
|
Division of Parks and Recreation |
|
$ |
30,000,000 |
|
$ |
30,000,000 |
|
|
GRF |
736321 |
|
Division of Engineering |
|
$ |
3,024,459 |
|
$ |
3,025,078 |
|
|
GRF |
737321 |
|
Division of Soil and Water Resources |
|
$ |
4,982,961 |
|
$ |
4,983,356 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
73,858,776 |
|
$ |
92,864,351 |
|
|
General Services Fund Group
1550 |
725601 |
|
Departmental Projects |
|
$ |
3,365,651 |
|
$ |
2,725,484 |
|
|
1570 |
725651 |
|
Central Support Indirect |
|
$ |
5,854,167 |
|
$ |
5,857,800 |
|
|
2040 |
725687 |
|
Information Services |
|
$ |
4,659,276 |
|
$ |
4,643,835 |
|
|
2070 |
725690 |
|
Real Estate Services |
|
$ |
128,040 |
|
$ |
128,040 |
|
|
2230 |
725665 |
|
Law Enforcement Administration |
|
$ |
2,106,776 |
|
$ |
2,126,432 |
|
|
2270 |
725406 |
|
Parks Projects Personnel |
|
$ |
436,500 |
|
$ |
436,500 |
|
|
4300 |
725671 |
|
Canal Lands |
|
$ |
907,618 |
|
$ |
907,879 |
|
|
4D50 |
725618 |
|
Recycled Materials |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
4S90 |
725622 |
|
NatureWorks Personnel |
|
$ |
400,358 |
|
$ |
400,358 |
|
|
4X80 |
725662 |
|
Water Resources Council |
|
$ |
138,011 |
|
$ |
138,005 |
|
|
5100 |
725631 |
|
Maintenance - State-owned Residences |
|
$ |
303,611 |
|
$ |
303,611 |
|
|
5160 |
725620 |
|
Water Management |
|
$ |
2,541,565 |
|
$ |
2,559,292 |
|
|
6350 |
725664 |
|
Fountain Square Facilities Management |
|
$ |
3,544,623 |
|
$ |
3,548,445 |
|
|
6970 |
725670 |
|
Submerged Lands |
|
$ |
836,162 |
|
$ |
848,546 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
25,272,358 |
|
$ |
24,674,227 |
|
|
Federal Special Revenue Fund Group
3320 |
725669 |
|
Federal Mine Safety Grant |
|
$ |
258,102 |
|
$ |
258,102 |
|
|
3B30 |
725640 |
|
Federal Forest Pass-Thru |
|
$ |
600,000 |
|
$ |
600,000 |
|
|
3B40 |
725641 |
|
Federal Flood Pass-Thru |
|
$ |
600,000 |
|
$ |
600,000 |
|
|
3B50 |
725645 |
|
Federal Abandoned Mine Lands |
|
$ |
21,007,667 |
|
$ |
21,207,667 |
|
|
3B60 |
725653 |
|
Federal Land and Water Conservation Grants |
|
$ |
1,150,000 |
|
$ |
1,150,000 |
|
|
3B70 |
725654 |
|
Reclamation - Regulatory |
|
$ |
3,200,000 |
|
$ |
3,200,000 |
|
|
3P10 |
725632 |
|
Geological Survey - Federal |
|
$ |
692,401 |
|
$ |
692,401 |
|
|
3P20 |
725642 |
|
Oil and Gas-Federal |
|
$ |
234,509 |
|
$ |
234,509 |
|
|
3P30 |
725650 |
|
Coastal Management - Federal |
|
$ |
3,290,633 |
|
$ |
3,290,633 |
|
|
3P40 |
725660 |
|
Federal - Soil and Water Resources |
|
$ |
1,213,048 |
|
$ |
1,209,957 |
|
|
3R50 |
725673 |
|
Acid Mine Drainage Abatement/Treatment |
|
$ |
2,025,001 |
|
$ |
2,025,001 |
|
|
3Z50 |
725657 |
|
Federal Recreation and Trails |
|
$ |
1,850,000 |
|
$ |
1,850,000 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
36,121,361 |
|
$ |
36,318,270 |
|
|
State Special Revenue Fund Group
4J20 |
725628 |
|
Injection Well Review |
|
$ |
130,899 |
|
$ |
128,466 |
|
|
4M70 |
725686 |
|
Wildfire Suppression |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
4U60 |
725668 |
|
Scenic Rivers Protection |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
5090 |
725602 |
|
State Forest |
|
$ |
7,891,747 |
|
$ |
7,058,793 |
|
|
5110 |
725646 |
|
Ohio Geological Mapping |
|
$ |
704,777 |
|
$ |
705,130 |
|
|
5120 |
725605 |
|
State Parks Operations |
|
$ |
32,284,117 |
|
$ |
31,550,444 |
|
|
5140 |
725606 |
|
Lake Erie Shoreline |
|
$ |
1,502,654 |
|
$ |
1,505,983 |
|
|
5180 |
725643 |
|
Oil and Gas Permit Fees |
|
$ |
4,871,970 |
|
$ |
4,873,645 |
|
|
5180 |
725677 |
|
Oil and Gas Well Plugging |
|
$ |
800,000 |
|
$ |
800,000 |
|
|
5210 |
725627 |
|
Off-Road Vehicle Trails |
|
$ |
143,490 |
|
$ |
143,490 |
|
|
5220 |
725656 |
|
Natural Areas and Preserves |
|
$ |
546,580 |
|
$ |
546,639 |
|
|
5260 |
725610 |
|
Strip Mining Administration Fee |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
|
|
5270 |
725637 |
|
Surface Mining Administration |
|
$ |
1,940,977 |
|
$ |
1,941,532 |
|
|
5290 |
725639 |
|
Unreclaimed Land Fund |
|
$ |
2,004,180 |
|
$ |
2,004,180 |
|
|
5310 |
725648 |
|
Reclamation Forfeiture |
|
$ |
1,423,000 |
|
$ |
1,423,000 |
|
|
5320 |
725644 |
|
Litter Control and Recycling |
|
$ |
4,926,730 |
|
$ |
4,911,575 |
|
|
5860 |
725633 |
|
Scrap Tire Program |
|
$ |
1,497,645 |
|
$ |
1,497,645 |
|
|
5B30 |
725674 |
|
Mining Regulation |
|
$ |
28,135 |
|
$ |
28,135 |
|
|
5BV0 |
725683 |
|
Soil and Water Districts |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
|
|
5CU0 |
725647 |
|
Mine Safety |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
|
|
5EJ0 |
725608 |
|
Forestry Law Enforcement |
|
$ |
1,000 |
|
$ |
1,000 |
|
|
5EK0 |
725611 |
|
Natural Areas & Preserves Law Enforcement |
|
$ |
1,000 |
|
$ |
1,000 |
|
|
5EL0 |
725612 |
|
Wildlife Law Enforcement |
|
$ |
12,000 |
|
$ |
12,000 |
|
|
5EM0 |
725613 |
|
Park Law Enforcement |
|
$ |
34,000 |
|
$ |
34,000 |
|
|
5EN0 |
725614 |
|
Watercraft Law Enforcement |
|
$ |
2,500 |
|
$ |
2,500 |
|
|
5HK0 |
725625 |
|
Ohio Nature Preserves |
|
$ |
1,000 |
|
$ |
1,000 |
|
|
6150 |
725661 |
|
Dam Safety |
|
$ |
925,344 |
|
$ |
926,028 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
74,873,745 |
|
$ |
73,296,185 |
|
|
Clean Ohio Conservation Fund Group
7061 |
725405 |
|
Clean Ohio Operating |
|
$ |
300,775 |
|
$ |
300,775 |
|
|
TOTAL CLF Clean Ohio Conservation Fund Group
| |
$ |
300,775 |
|
$ |
300,775 |
|
|
5P20 |
725634 |
|
Wildlife Boater Angler Administration |
|
$ |
4,000,000 |
|
$ |
4,000,000 |
|
|
7015 |
740401 |
|
Division of Wildlife Conservation |
|
$ |
52,721,044 |
|
$ |
51,669,158 |
|
|
8150 |
725636 |
|
Cooperative Management Projects |
|
$ |
120,449 |
|
$ |
120,449 |
|
|
8160 |
725649 |
|
Wetlands Habitat |
|
$ |
966,885 |
|
$ |
966,885 |
|
|
8170 |
725655 |
|
Wildlife Conservation Checkoff Fund |
|
$ |
3,240,000 |
|
$ |
3,240,000 |
|
|
8180 |
725629 |
|
Cooperative Fisheries Research |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
|
|
8190 |
725685 |
|
Ohio River Management |
|
$ |
128,584 |
|
$ |
128,584 |
|
|
TOTAL WLF Wildlife Fund Group
| |
$ |
62,676,962 |
|
$ |
61,625,076 |
|
|
Waterways Safety Fund Group
7086 |
725414 |
|
Waterways Improvement |
|
$ |
4,192,601 |
|
$ |
4,193,671 |
|
|
7086 |
725418 |
|
Buoy Placement |
|
$ |
52,182 |
|
$ |
52,182 |
|
|
7086 |
725501 |
|
Waterway Safety Grants |
|
$ |
120,000 |
|
$ |
120,000 |
|
|
7086 |
725506 |
|
Watercraft Marine Patrol |
|
$ |
576,153 |
|
$ |
576,153 |
|
|
7086 |
725513 |
|
Watercraft Educational Grants |
|
$ |
366,643 |
|
$ |
366,643 |
|
|
7086 |
739401 |
|
Division of Watercraft |
|
$ |
18,040,593 |
|
$ |
17,552,370 |
|
|
TOTAL WSF Waterways Safety Fund
| |
|
|
|
|
|
|
|
Group
| |
$ |
23,348,172 |
|
$ |
22,861,019 |
|
|
Accrued Leave Liability Fund Group
4M80 |
725675 |
|
FOP Contract |
|
$ |
20,219 |
|
$ |
20,219 |
|
|
TOTAL ALF Accrued Leave
| |
|
|
|
|
|
|
|
Liability Fund Group
| |
$ |
20,219 |
|
$ |
20,219 |
|
|
Holding Account Redistribution Fund Group
R017 |
725659 |
|
Performance Cash Bond Refunds |
|
$ |
296,263 |
|
$ |
296,263 |
|
|
R043 |
725624 |
|
Forestry |
|
$ |
2,000,000 |
|
$ |
2,154,750 |
|
|
TOTAL 090 Holding Account
| |
|
|
|
|
|
|
|
Redistribution Fund Group
| |
$ |
2,296,263 |
|
$ |
2,451,013 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
298,768,631 |
|
$ |
314,411,135 |
|
|
Section 343.20. CENTRAL SUPPORT INDIRECT
With the exception of the Division of Wildlife, whose direct
and indirect central support charges shall be paid out of the
General Revenue Fund from the foregoing appropriation item 725401,
Wildlife-GRF Central Support, the Department of Natural Resources,
with approval of the Director of Budget and Management, shall
utilize a methodology for determining each division's payments
into the Central Support Indirect Fund (Fund 1570). The
methodology used shall contain the characteristics of
administrative ease and uniform application in compliance with
federal grant requirements. It may include direct cost charges for
specific services provided. Payments to Fund 1570 shall be made
using an intrastate transfer voucher.
Section 343.30. WELL LOG FILING FEES
The Chief of the Division of Soil and Water Resources shall
deposit fees forwarded to the Division pursuant to section 1521.05
of the Revised Code into the Departmental Services – Intrastate
Fund (Fund 1550) for the purposes described in that section.
Section 343.40. LEASE RENTAL PAYMENTS
The foregoing appropriation item 725413, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2011, through
June 30, 2013, by the Department of Natural Resources pursuant to
leases and agreements made under section 154.22 of the Revised
Code. These appropriations are the source of funds pledged for
bond service charges or obligations issued pursuant to Chapter
154. of the Revised Code.
The foregoing appropriation item 725456, Canal Lands, shall
be used to transfer funds to the Canal Lands Fund (Fund 4300) to
provide operating expenses for the State Canal Lands Program. The
transfer shall be made using an intrastate transfer voucher and
shall be subject to the approval of the Director of Budget and
Management.
NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 725903, Natural Resources
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs during the period July 1,
2011, through June 30, 2013, on obligations issued under sections
151.01 and 151.05 of the Revised Code.
Section 343.40.10. LAW ENFORCEMENT ADMINISTRATION
The foregoing appropriation item 725665, Law Enforcement
Administration, shall be used to cover the cost of support,
coordination, and oversight of the Department of Natural
Resources' law enforcement functions. The Law Enforcement
Administration Fund (Fund 2230) shall consist of cash transferred
to it via intrastate transfer voucher from other funds as
determined by the Director of Natural Resources and the Director
of Budget and Management.
Section 343.40.20. FOUNTAIN SQUARE
The foregoing appropriation item 725664, Fountain Square
Facilities Management, shall be used for payment of repairs,
renovation, utilities, property management, and building
maintenance expenses for the Fountain Square complex. Cash
transferred by intrastate transfer vouchers from various
department funds and rental income received by the Department of
Natural Resources shall be deposited into the Fountain Square
Facilities Management Fund (Fund 6350).
Section 343.40.30. SOIL AND WATER DISTRICTS
In addition to state payments to soil and water conservation
districts authorized by section 1515.10 of the Revised Code, the
Department of Natural Resources may use appropriation item 725683,
Soil and Water Districts, to pay any soil and water conservation
district an annual amount not to exceed $40,000, upon receipt of a
request and justification from the district and approval by the
Ohio Soil and Water Conservation Commission. The county auditor
shall credit the payments to the special fund established under
section 1515.10 of the Revised Code for the local soil and water
conservation district. Moneys received by each district shall be
expended for the purposes of the district.
OIL AND GAS WELL PLUGGING
The foregoing appropriation item 725677, Oil and Gas Well
Plugging, shall be used exclusively for the purposes of plugging
wells and to properly restore the land surface of idle and orphan
oil and gas wells pursuant to section 1509.071 of the Revised
Code. No funds from the appropriation item shall be used for
salaries, maintenance, equipment, or other administrative
purposes, except for those costs directly attributed to the
plugging of an idle or orphan well. This appropriation item shall
not be used to transfer cash to any other fund or appropriation
item.
LITTER CONTROL AND RECYCLING
Of the foregoing appropriation item 725644, Litter Control
and Recycling, up to $1,500,000 may be used in each fiscal year
for the administration of the Recycling and Litter Prevention
Program.
Section 343.40.40. CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 725405, Clean Ohio
Operating, shall be used by the Department of Natural Resources in
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant
to section 1519.05 of the Revised Code.
Section 343.40.50. WATERCRAFT MARINE PATROL
Of the foregoing appropriation item 739401, Division of
Watercraft, up to $200,000 in each fiscal year shall be expended
for the purchase of equipment for marine patrols qualifying for
funding from the Department of Natural Resources pursuant to
section 1547.67 of the Revised Code. Proposals for equipment shall
accompany the submission of documentation for receipt of a marine
patrol subsidy pursuant to section 1547.67 of the Revised Code and
shall be loaned to eligible marine patrols pursuant to a
cooperative agreement between the Department of Natural Resources
and the eligible marine patrol.
Section 343.40.60. TRANSFER FOR CAESAR CREEK MARINA
On July 1, 2011, or as soon as possible thereafter, the
Director of Natural Resources may request the Director of Budget
and Management to transfer up to $4,000,000 in cash from the
Watercraft Revolving Loan Fund (Fund 5AW0) to the Waterways Safety
Fund (Fund 7086) to support a marina project at Caesar Creek State
Park.
Section 343.50. PARKS CAPITAL EXPENSES FUND
The Director of Natural Resources shall submit to the
Director of Budget and Management the estimated design,
engineering, and planning costs of capital-related work to be done
by Department of Natural Resources staff for parks projects within
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the
Director of Budget and Management approves the estimated costs,
the Director may release appropriations from appropriation item
C725E6, Project Planning, Fund 7035, for those purposes. Upon
release of the appropriations, the Department of Natural Resources
shall pay for these expenses from the Parks Capital Expenses Fund
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by
Fund 7035 using an intrastate transfer voucher.
NATUREWORKS CAPITAL EXPENSES FUND
The Department of Natural Resources shall periodically
prepare and submit to the Director of Budget and Management the
estimated design, planning, and engineering costs of
capital-related work to be done by Department of Natural Resources
staff for each capital improvement project within the Ohio Parks
and Natural Resources Fund (Fund 7031). If the Director of Budget
and Management approves the estimated costs, the Director may
release appropriations from appropriation item C725E5, Project
Planning, in Fund 7031, for those purposes. Upon release of the
appropriations, the Department of Natural Resources shall pay for
these expenses from the Capital Expenses Fund (Fund 4S90).
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by
using an intrastate transfer voucher.
Section 345.10. NUR STATE BOARD OF NURSING
General Services Fund Group
4K90 |
884609 |
|
Operating Expenses |
|
$ |
6,943,322 |
|
$ |
6,680,896 |
|
|
5AC0 |
884602 |
|
Nurse Education Grant Program |
|
$ |
1,373,506 |
|
$ |
1,373,506 |
|
|
5P80 |
884601 |
|
Nursing Special Issues |
|
$ |
5,000 |
|
$ |
5,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
8,321,828 |
|
$ |
8,059,402 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
8,321,828 |
|
$ |
8,059,402 |
|
|
Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,
AND ATHLETIC TRAINERS BOARD
General Services Fund Group
4K90 |
890609 |
|
Operating Expenses |
|
$ |
874,087 |
|
$ |
866,169 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
874,087 |
|
$ |
866,169 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
874,087 |
|
$ |
866,169 |
|
|
Section 349.10. OLA OHIOANA LIBRARY ASSOCIATION
GRF |
355501 |
|
Library Subsidy |
|
$ |
120,000 |
|
$ |
120,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
120,000 |
|
$ |
120,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
120,000 |
|
$ |
120,000 |
|
|
Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD
General Services Fund Group
4K90 |
894609 |
|
Operating Expenses |
|
$ |
357,039 |
|
$ |
347,300 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
357,039 |
|
$ |
347,300 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
357,039 |
|
$ |
347,300 |
|
|
Section 353.10. OPT STATE BOARD OF OPTOMETRY
General Services Fund Group
4K90 |
885609 |
|
Operating Expenses |
|
$ |
356,914 |
|
$ |
347,278 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
356,914 |
|
$ |
347,278 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
356,914 |
|
$ |
347,278 |
|
|
Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,
AND PEDORTHICS
General Services Fund Group
4K90 |
973609 |
|
Operating Expenses |
|
$ |
126,340 |
|
$ |
114,218 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
126,340 |
|
$ |
114,218 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
126,340 |
|
$ |
114,218 |
|
|
Section 357.10. UST PETROLEUM UNDERGROUND STORAGE TANK
RELEASE COMPENSATION BOARD
6910 |
810632 |
|
PUSTRCB Staff |
|
$ |
1,162,179 |
|
$ |
1,123,014 |
|
|
TOTAL AGY Agency Fund Group
| |
$ |
1,162,179 |
|
$ |
1,123,014 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,162,179 |
|
$ |
1,123,014 |
|
|
Section 359.10. PRX STATE BOARD OF PHARMACY
General Services Fund Group
4A50 |
887605 |
|
Drug Law Enforcement |
|
$ |
75,500 |
|
$ |
75,500 |
|
|
4K90 |
887609 |
|
Operating Expenses |
|
$ |
5,708,498 |
|
$ |
5,801,285 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
5,783,998 |
|
$ |
5,876,785 |
|
|
Federal Special Revenue Fund Group
3CT0 |
887606 |
|
2008 Developing/Enhancing PMP |
|
$ |
70,775 |
|
$ |
0 |
|
|
3DV0 |
887607 |
|
Enhancing Ohio's PMP |
|
$ |
169,888 |
|
$ |
2,379 |
|
|
3EY0 |
887603 |
|
Administration of PMIX Hub |
|
$ |
320,637 |
|
$ |
66,335 |
|
|
3EZ0 |
887610 |
|
NASPER 10 |
|
$ |
164,459 |
|
|
27,710 |
|
|
TOTAL FED Federal Special Revenue Fund Group
| |
$ |
725,759 |
|
$ |
96,424 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
6,509,757 |
|
$ |
5,973,209 |
|
|
Section 361.10. PSY STATE BOARD OF PSYCHOLOGY
General Services Fund Group
4K90 |
882609 |
|
Operating Expenses |
|
$ |
525,394 |
|
$ |
535,406 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
525,394 |
|
$ |
535,406 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
525,394 |
|
$ |
535,406 |
|
|
Section 363.10. PUB OHIO PUBLIC DEFENDER COMMISSION
GRF |
019401 |
|
State Legal Defense Services |
|
$ |
2,610,272 |
|
$ |
3,020,855 |
|
|
GRF |
019403 |
|
Multi-County: State Share |
|
$ |
338,931 |
|
$ |
406,626 |
|
|
GRF |
019404 |
|
Trumbull County - State Share |
|
$ |
99,321 |
|
$ |
119,158 |
|
|
GRF |
019405 |
|
Training Account |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
GRF |
019501 |
|
County Reimbursement |
|
$ |
2,565,398 |
|
$ |
3,077,786 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
5,663,922 |
|
$ |
6,674,425 |
|
|
General Services Fund Group
4070 |
019604 |
|
County Representation |
|
$ |
231,076 |
|
$ |
231,754 |
|
|
4080 |
019605 |
|
Client Payments |
|
$ |
1,052,919 |
|
$ |
953,492 |
|
|
5CX0 |
019617 |
|
Civil Case Filing Fee |
|
$ |
708,654 |
|
$ |
705,713 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
1,992,649 |
|
$ |
1,890,959 |
|
|
Federal Special Revenue Fund Group
3S80 |
019608 |
|
Federal Representation |
|
$ |
341,733 |
|
$ |
263,431 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
341,733 |
|
$ |
263,431 |
|
|
State Special Revenue Fund Group
4C70 |
019601 |
|
Multi-County: County Share |
|
$ |
3,324,009 |
|
$ |
3,333,014 |
|
|
4N90 |
019613 |
|
Gifts and Grants |
|
$ |
35,000 |
|
$ |
35,000 |
|
|
4X70 |
019610 |
|
Trumbull County - County Share |
|
$ |
974,069 |
|
$ |
976,612 |
|
|
5740 |
019606 |
|
Civil Legal Aid |
|
$ |
24,000,000 |
|
$ |
27,000,000 |
|
|
5DY0 |
019618 |
|
Indigent Defense Support - County Share |
|
$ |
42,195,000 |
|
$ |
43,125,000 |
|
|
5DY0 |
019619 |
|
Indigent Defense Support Fund - State Office |
|
$ |
6,521,723 |
|
$ |
6,096,759 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
77,049,801 |
|
$ |
80,566,385 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
85,048,105 |
|
$ |
89,395,200 |
|
|
The foregoing appropriation items 019404, Trumbull County -
State Share, and 019610, Trumbull County - County Share, shall be
used to support an indigent defense office for Trumbull County.
The foregoing appropriation items 019403, Multi-County: State
Share, and 019601, Multi-County: County Share, shall be used to
support the Office of the Ohio Public Defender's Multi-County
Branch Office Program.
The foregoing appropriation item 019405, Training Account,
shall be used by the Ohio Public Defender to provide legal
training programs at no cost for private appointed counsel who
represent at least one indigent defendant at no cost and for state
and county public defenders and attorneys who contract with the
Ohio Public Defender to provide indigent defense services.
The foregoing appropriation item 019608, Federal
Representation, shall be used to receive reimbursements from the
federal courts when the Ohio Public Defender provides
representation in federal court cases and to support
representation in such cases.
Section 365.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO
General Services Fund Group
5F60 |
870622 |
|
Utility and Railroad Regulation |
|
$ |
30,637,234 |
|
$ |
31,638,708 |
|
|
5F60 |
870624 |
|
NARUC/NRRI Subsidy |
|
$ |
158,000 |
|
$ |
158,000 |
|
|
5F60 |
870625 |
|
Motor Transportation Regulation |
|
$ |
4,976,641 |
|
$ |
5,971,218 |
|
|
5Q50 |
870626 |
|
Telecommunications Relay Service |
|
$ |
5,000,000 |
|
$ |
5,000,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
40,771,875 |
|
$ |
42,767,926 |
|
|
Federal Special Revenue Fund Group
3330 |
870601 |
|
Gas Pipeline Safety |
|
$ |
597,959 |
|
$ |
597,959 |
|
|
3500 |
870608 |
|
Motor Carrier Safety |
|
$ |
7,351,660 |
|
$ |
7,351,660 |
|
|
3CU0 |
870627 |
|
Electric Market Modeling |
|
$ |
91,183 |
|
$ |
0 |
|
|
3EA0 |
870630 |
|
Energy Assurance Planning |
|
$ |
384,000 |
|
$ |
384,000 |
|
|
3ED0 |
870631 |
|
State Regulators Assistance |
|
$ |
231,824 |
|
$ |
231,824 |
|
|
3V30 |
870604 |
|
Commercial Vehicle Information Systems/Networks |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
8,756,626 |
|
$ |
8,665,443 |
|
|
State Special Revenue Fund Group
4A30 |
870614 |
|
Grade Crossing Protection Devices-State |
|
$ |
1,347,357 |
|
$ |
1,347,357 |
|
|
4L80 |
870617 |
|
Pipeline Safety-State |
|
$ |
181,992 |
|
$ |
181,992 |
|
|
4S60 |
870618 |
|
Hazardous Material Registration |
|
$ |
450,395 |
|
$ |
450,395 |
|
|
4S60 |
870621 |
|
Hazardous Materials Base State Registration |
|
$ |
373,346 |
|
$ |
373,346 |
|
|
4U80 |
870620 |
|
Civil Forfeitures |
|
$ |
277,347 |
|
$ |
277,496 |
|
|
5590 |
870605 |
|
Public Utilities Territorial Administration |
|
$ |
3,880 |
|
$ |
3,880 |
|
|
5600 |
870607 |
|
Special Assessment |
|
$ |
97,000 |
|
$ |
97,000 |
|
|
5610 |
870606 |
|
Power Siting Board |
|
$ |
631,508 |
|
$ |
631,618 |
|
|
5BP0 |
870623 |
|
Wireless 9-1-1 Administration |
|
$ |
36,440,000 |
|
$ |
18,220,000 |
|
|
5HD0 |
870629 |
|
Radioactive Waste Transportation |
|
$ |
98,800 |
|
$ |
98,800 |
|
|
6380 |
870611 |
|
Biofuels/Municipal Waste Technology |
|
$ |
570 |
|
$ |
0 |
|
|
6610 |
870612 |
|
Hazardous Materials Transportation |
|
$ |
898,800 |
|
$ |
898,800 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
40,800,995 |
|
$ |
22,580,684 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
90,329,496 |
|
$ |
74,014,053 |
|
|
Section 367.10. PWC PUBLIC WORKS COMMISSION
GRF |
150904 |
|
Conservation General Obligation Debt Service |
|
$ |
21,953,000 |
|
$ |
29,297,300 |
|
|
GRF |
150907 |
|
State Capital Improvements
|
|
$ |
106,770,600 |
|
$ |
215,571,100 |
|
|
|
|
|
General Obligation Debt Service |
|
|
|
|
|
|
|
|
TOTAL GRF General Revenue Fund
| |
$ |
128,723,600 |
|
$ |
244,868,400 |
|
|
State Special Revenue Fund Group
5KJ0 |
150600 |
|
Local Government Integrating and Innovation |
|
$ |
50,000,000 |
|
$ |
50,000,000 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
50,000,000 |
|
$ |
50,000,000 |
|
|
Clean Ohio Conservation Fund Group
7056 |
150403 |
|
Clean Ohio Operating Expenses |
|
$ |
300,000 |
|
$ |
288,980 |
|
|
TOTAL 056 Clean Ohio Conservation Fund Group
| |
$ |
300,000 |
|
$ |
288,980 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
179,023,600 |
|
$ |
295,157,380 |
|
|
CONSERVATION GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 150904, Conservation General
Obligation Debt Service, shall be used to pay all debt service and
related financing costs during the period from July 1, 2011,
through June 30, 2013, at the times they are required to be made
for obligations issued under sections 151.01 and 151.09 of the
Revised Code.
STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE
The foregoing appropriation item 150907, State Capital
Improvements General Obligation Debt Service, shall be used to pay
all debt service and related financing costs during the period
from July 1, 2011, through June 30, 2013, at the times they are
required to be made for obligations issued under sections 151.01
and 151.08 of the Revised Code.
LOCAL GOVERNMENT INTEGRATING AND INNOVATION
The foregoing appropriation item 150600, Local Government
Integrating and Innovation, shall be used to make awards to
political subdivisions pursuant to section 164.30 of the Revised
Code.
CLEAN OHIO OPERATING EXPENSES
The foregoing appropriation item 150403, Clean Ohio Operating
Expenses, shall be used by the Ohio Public Works Commission in
administering Clean Ohio Conservation Fund (Fund 7056) projects
pursuant to sections 164.20 to 164.27 of the Revised Code.
REIMBURSEMENT TO THE GENERAL REVENUE FUND
(A) On or before July 15, 2013, the Director of the Public
Works Commission shall certify to the Director of Budget and
Management the following:
(1) The total amount disbursed from appropriation item
700409, Farmland Preservation, during the FY 2012-FY 2013
biennium; and
(2) The amount of interest earnings that have been credited
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess
of the amount needed for other purposes as calculated by the
Director of the Public Works Commission.
(B) If the Director of Budget and Management determines under
division (A)(2) of this section that there are excess interest
earnings, the Director of Budget and Management shall, on or
before July 15, 2013, transfer the excess interest earnings to the
General Revenue Fund in an amount equal to the total amount
disbursed under division (A)(1) of this section from the Clean
Ohio Conservation Fund (Fund 7056).
Section 369.10. RAC STATE RACING COMMISSION
State Special Revenue Fund Group
5620 |
875601 |
|
Thoroughbred Race Fund |
|
$ |
1,796,328 |
|
$ |
1,696,456 |
|
|
5630 |
875602 |
|
Standardbred Development Fund |
|
$ |
1,697,418 |
|
$ |
1,697,452 |
|
|
5640 |
875603 |
|
Quarter Horse Development Fund |
|
$ |
1,000 |
|
$ |
1,000 |
|
|
5650 |
875604 |
|
Racing Commission Operating |
|
$ |
3,095,331 |
|
$ |
2,934,178 |
|
|
5C40 |
875607 |
|
Simulcast Horse Racing Purse |
|
$ |
12,000,000 |
|
$ |
12,000,000 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
18,590,078 |
|
$ |
18,329,087 |
|
|
Holding Account Redistribution Fund Group
R021 |
875605 |
|
Bond Reimbursements |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
TOTAL 090 Holding Account Redistribution
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
100,000 |
|
$ |
100,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
18,690,078 |
|
$ |
18,429,087 |
|
|
Section 371.10. BOR BOARD OF REGENTS
GRF |
235321 |
|
Operating Expenses |
|
$ |
2,300,000 |
|
$ |
2,300,000 |
|
|
GRF |
235401 |
|
Lease Rental Payments |
|
$ |
83,151,600 |
|
$ |
57,634,400 |
|
|
GRF |
235402 |
|
Sea Grants |
|
$ |
285,000 |
|
$ |
285,000 |
|
|
GRF |
235406 |
|
Articulation and Transfer |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
|
|
GRF |
235408 |
|
Midwest Higher Education Compact |
|
$ |
95,000 |
|
$ |
95,000 |
|
|
GRF |
235409 |
|
Information System |
|
$ |
800,000 |
|
$ |
800,000 |
|
|
GRF |
235414 |
|
State Grants and Scholarship Administration |
|
$ |
1,230,000 |
|
$ |
1,230,000 |
|
|
GRF |
235417 |
|
Ohio Learning Network |
|
$ |
2,532,688 |
|
$ |
2,532,688 |
|
|
GRF |
235428 |
|
Appalachian New Economy Partnership |
|
$ |
737,366 |
|
$ |
737,366 |
|
|
GRF |
235433 |
|
Economic Growth Challenge |
|
$ |
440,000 |
|
$ |
440,000 |
|
|
GRF |
235438 |
|
Choose Ohio First Scholarship |
|
$ |
15,750,085 |
|
$ |
15,750,085 |
|
|
GRF |
235443 |
|
Adult Basic and Literacy Education - State |
|
$ |
6,302,416 |
|
$ |
6,302,416 |
|
|
GRF |
235444 |
|
Post-Secondary Adult Career-Technical Education |
|
$ |
15,317,547 |
|
$ |
15,317,547 |
|
|
GRF |
235474 |
|
Area Health Education Centers Program Support |
|
$ |
900,000 |
|
$ |
900,000 |
|
|
GRF |
235501 |
|
State Share of Instruction |
|
$ |
1,735,530,031 |
|
$ |
1,751,225,497 |
|
|
GRF |
235502 |
|
Student Support Services |
|
$ |
632,974 |
|
$ |
632,974 |
|
|
GRF |
235504 |
|
War Orphans Scholarships |
|
$ |
4,787,833 |
|
$ |
4,787,833 |
|
|
GRF |
235507 |
|
OhioLINK |
|
$ |
6,100,000 |
|
$ |
6,100,000 |
|
|
GRF |
235508 |
|
Air Force Institute of Technology |
|
$ |
1,740,803 |
|
$ |
1,740,803 |
|
|
GRF |
235510 |
|
Ohio Supercomputer Center |
|
$ |
3,347,418 |
|
$ |
3,347,418 |
|
|
GRF |
235511 |
|
Cooperative Extension Service |
|
$ |
22,220,910 |
|
$ |
22,220,910 |
|
|
GRF |
235514 |
|
Central State Supplement |
|
$ |
11,503,651 |
|
$ |
10,928,468 |
|
|
GRF |
235515 |
|
Case Western Reserve University School of Medicine |
|
$ |
2,146,253 |
|
$ |
2,146,253 |
|
|
GRF |
235519 |
|
Family Practice |
|
$ |
3,166,185 |
|
$ |
3,166,185 |
|
|
GRF |
235520 |
|
Shawnee State Supplement |
|
$ |
2,448,523 |
|
$ |
2,326,097 |
|
|
GRF |
235524 |
|
Police and Fire Protection |
|
$ |
107,814 |
|
$ |
107,814 |
|
|
GRF |
235525 |
|
Geriatric Medicine |
|
$ |
522,151 |
|
$ |
522,151 |
|
|
GRF |
235526 |
|
Primary Care Residencies |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
|
|
GRF |
235535 |
|
Ohio Agricultural Research and Development Center |
|
$ |
33,100,000 |
|
$ |
33,100,000 |
|
|
GRF |
235536 |
|
The Ohio State University Clinical Teaching |
|
$ |
9,668,941 |
|
$ |
9,668,941 |
|
|
GRF |
235537 |
|
University of Cincinnati Clinical Teaching |
|
$ |
7,952,573 |
|
$ |
7,952,573 |
|
|
GRF |
235538 |
|
University of Toledo Clinical Teaching |
|
$ |
6,198,600 |
|
$ |
6,198,600 |
|
|
GRF |
235539 |
|
Wright State University Clinical Teaching |
|
$ |
3,011,400 |
|
$ |
3,011,400 |
|
|
GRF |
235540 |
|
Ohio University Clinical Teaching |
|
$ |
2,911,212 |
|
$ |
2,911,212 |
|
|
GRF |
235541 |
|
Northeastern Ohio Universities College of Medicine Clinical Teaching |
|
$ |
2,994,178 |
|
$ |
2,994,178 |
|
|
GRF |
235552 |
|
Capital Component |
|
$ |
20,638,274 |
|
$ |
20,638,274 |
|
|
GRF |
235555 |
|
Library Depositories |
|
$ |
1,440,342 |
|
$ |
1,440,342 |
|
|
GRF |
235556 |
|
Ohio Academic Resources Network |
|
$ |
3,172,519 |
|
$ |
3,172,519 |
|
|
GRF |
235558 |
|
Long-term Care Research |
|
$ |
195,300 |
|
$ |
195,300 |
|
|
GRF |
235563 |
|
Ohio College Opportunity Grant |
|
$ |
80,284,265 |
|
$ |
80,284,265 |
|
|
GRF |
235572 |
|
The Ohio State University Clinic Support |
|
$ |
766,533 |
|
$ |
766,533 |
|
|
GRF |
235599 |
|
National Guard Scholarship Program |
|
$ |
16,912,271 |
|
$ |
16,912,271 |
|
|
GRF |
235909 |
|
Higher Education General Obligation Debt Service |
|
$ |
108,262,500 |
|
$ |
201,555,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
2,225,105,156 |
|
$ |
2,307,878,313 |
|
|
General Services Fund Group
2200 |
235614 |
|
Program Approval and Reauthorization |
|
$ |
1,311,567 |
|
$ |
1,457,959 |
|
|
4560 |
235603 |
|
Sales and Services |
|
$ |
199,250 |
|
$ |
199,250 |
|
|
5JC0 |
235649 |
|
Co-op Internship Program |
|
$ |
20,000,000 |
|
|
20,000,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
21,510,817 |
|
$ |
21,657,209 |
|
|
Federal Special Revenue Fund Group
3120 |
235609 |
|
Tech Prep |
|
$ |
183,850 |
|
$ |
183,850 |
|
|
3120 |
235611 |
|
Gear-up Grant |
|
$ |
3,900,000 |
|
$ |
3,900,000 |
|
|
3120 |
235612 |
|
Carl D. Perkins Grant/Plan Administration |
|
$ |
912,961 |
|
$ |
912,961 |
|
|
3120 |
235617 |
|
Improving Teacher Quality Grant |
|
$ |
3,200,000 |
|
$ |
3,200,000 |
|
|
3120 |
235641 |
|
Adult Basic and Literacy Education - Federal |
|
$ |
14,835,671 |
|
$ |
14,835,671 |
|
|
3120 |
235659 |
|
Race to the Top Scholarship Program |
|
$ |
2,400,000 |
|
$ |
3,780,000 |
|
|
3120 |
235660 |
|
Race to the Top Educator Preparation Reform Initiative |
|
$ |
448,000 |
|
$ |
1,120,000 |
|
|
3120 |
235661 |
|
Americorps Grant |
|
$ |
260,000 |
|
$ |
260,000 |
|
|
3H20 |
235608 |
|
Human Services Project |
|
$ |
3,500,000 |
|
$ |
3,500,000 |
|
|
3N60 |
235638 |
|
College Access Challenge Grant |
|
$ |
4,381,431 |
|
$ |
4,381,431 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
34,021,913 |
|
$ |
36,073,913 |
|
|
State Special Revenue Fund Group
4E80 |
235602 |
|
Higher Educational Facility Commission Administration |
|
$ |
29,100 |
|
$ |
29,100 |
|
|
5FR0 |
235640 |
|
Joyce Foundation Grant |
|
$ |
919,719 |
|
$ |
919,719 |
|
|
5FR0 |
235647 |
|
Developmental Education Initiatives |
|
$ |
135,000 |
|
$ |
135,000 |
|
|
5FR0 |
235657 |
|
Win-Win Grant |
|
$ |
37,000 |
|
$ |
15,000 |
|
|
5P30 |
235663 |
|
Variable Savings Plan |
|
$ |
8,946,994 |
|
$ |
9,072,136 |
|
|
6450 |
235664 |
|
Guaranteed Savings Plan |
|
$ |
900,293 |
|
$ |
907,514 |
|
|
6490 |
235607 |
|
The Ohio State University Highway/Transportation Research |
|
$ |
500,000 |
|
$ |
500,000 |
|
|
6820 |
235606 |
|
Nursing Loan Program |
|
$ |
891,320 |
|
$ |
891,320 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
12,359,426 |
|
$ |
12,469,789 |
|
|
Third Frontier Research & Development Fund Group
7011 |
235634 |
|
Research Incentive Third Frontier Fund |
|
$ |
8,000,000 |
|
$ |
8,000,000 |
|
|
TOTAL 011 Third Frontier Research & Development Fund Group
| |
$ |
8,000,000 |
|
$ |
8,000,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
2,300,997,312 |
|
$ |
2,386,079,224 |
|
|
Section 371.10.10. LEASE RENTAL PAYMENTS
The foregoing appropriation item 235401, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2011, through
June 30, 2013, by the Chancellor of the Board of Regents under
leases and agreements made under section 154.21 of the Revised
Code. These appropriations are the source of funds pledged for
bond service charges or obligations issued pursuant to Chapter
154. of the Revised Code.
Section 371.10.20. SEA GRANTS
The foregoing appropriation item 235402, Sea Grants, shall be
used as required matching Funds by The Ohio State University's Sea
Grant program to enhance the economic value, public utilization,
and responsible management of Lake Erie and Ohio's coastal
resources.
Section 371.10.30. ARTICULATION AND TRANSFER
The foregoing appropriation item 235406, Articulation and
Transfer, shall be used by the Chancellor of the Board of Regents
to maintain and expand the work of the Articulation and Transfer
Council to develop a system of transfer policies to ensure that
students at state institutions of higher education can transfer
and have coursework apply to their majors and degrees at any other
state institution of higher education without unnecessary
duplication or institutional barriers under sections 3333.16,
3333.161, and 3333.162 of the Revised Code.
Section 371.10.40. MIDWEST HIGHER EDUCATION COMPACT
The foregoing appropriation item 235408, Midwest Higher
Education Compact, shall be distributed by the Chancellor of the
Board of Regents under section 3333.40 of the Revised Code.
Section 371.10.50. INFORMATION SYSTEM
The foregoing appropriation item 235409, Information System,
shall be used by the Chancellor of the Board of Regents to support
the development and implementation of information technology
solutions designed to improve the performance and services of the
Chancellor of the Board of Regents and the University System of
Ohio. Information technology solutions shall be provided by the
Ohio Academic Research Network (OARnet).
Section 371.10.60. STATE GRANTS AND SCHOLARSHIP
ADMINISTRATION
The foregoing appropriation item 235414, State Grants and
Scholarship Administration, shall be used by the Chancellor of the
Board of Regents to administer the following student financial aid
programs: Ohio College Opportunity Grant, Ohio War Orphans'
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety
Officers College Memorial Fund, and any other student financial
aid programs created by the General Assembly. The appropriation
item also shall be used to support all state financial aid audits
and student financial aid programs created by Congress, and to
provide fiscal services for the Ohio National Guard Scholarship
Program.
Section 371.10.70. OHIO LEARNING NETWORK
The foregoing appropriation item 235417, Ohio Learning
Network, shall be used by the Chancellor of the Board of Regents
to support the continued implementation of the Ohio Learning
Network, a consortium organized under division (U) of section
3333.04 of the Revised Code to expand access to dual enrollment
opportunities for high school students, as well as adult and
higher education opportunities through technology. The funds shall
be used by the Ohio Learning Network to develop and promote
learning and assessment through the use of technology, to test and
provide advice on emerging learning-directed technologies, and to
facilitate cost-effectiveness through shared educational
technology investments.
Of the foregoing appropriation item 235417, Ohio Learning
Network, up to $250,000 in each fiscal year shall be used by the
Chancellor of the Board of Regents to fund staff support and
operations of the Ohio Digital Learning Task Force established in
Section 371.60.80 of this act.
Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP
The foregoing appropriation item 235428, Appalachian New
Economy Partnership, shall be distributed to Ohio University to
continue a multi-campus and multi-agency coordinated effort to
link Appalachia to the new economy. Ohio University shall use
these funds to provide leadership in the development and
implementation of initiatives in the areas of entrepreneurship,
management, education, and technology.
Section 371.10.90. ECONOMIC GROWTH CHALLENGE
The foregoing appropriation item 235433, Economic Growth
Challenge, shall be used for administrative expenses of the
Research Incentive Program and other economic advancement
initiatives undertaken by the Chancellor of the Board of Regents.
The Chancellor of the Board of Regents shall use any
appropriation transfer to the foregoing appropriation item 235433,
Economic Growth Challenge, to enhance the basic research
capabilities of public colleges and universities and accredited
Ohio institutions of higher education holding certificates of
authorization issued under section 1713.02 of the Revised Code, in
order to strengthen academic research for pursuing Ohio's economic
development goals.
Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP
The foregoing appropriation item 235438, Choose Ohio First
Scholarship, shall be used to operate the program prescribed in
sections 3333.60 to 3333.70 of the Revised Code.
An amount equal to the unexpended, unencumbered portion of
the foregoing appropriation item 235438, Choose Ohio First
Scholarship, at the end of fiscal year 2012 is hereby
reappropriated to the Board of Regents for the same purpose for
fiscal year 2013.
Section 371.20.20. ADULT BASIC AND LITERACY EDUCATION
The foregoing appropriation item 235443, Adult Basic and
Literacy Education - State, shall be used to support the adult
basic and literacy education instructional grant program and state
leadership program. The supported programs shall satisfy the state
match and maintenance of effort requirements for the
state-administered grant program.
Section 371.20.30. POST-SECONDARY ADULT CAREER-TECHNICAL
EDUCATION
The foregoing appropriation item 235444, Post-Secondary Adult
Career-Technical Education, shall be used by the Chancellor of the
Board of Regents in each fiscal year to provide post-secondary
adult career-technical education under sections 3313.52 and
3313.53 of the Revised Code.
Section 371.20.40. AREA HEALTH EDUCATION CENTERS
The foregoing appropriation item 235474, Area Health
Education Centers Program Support, shall be used by the Chancellor
of the Board of Regents to support the medical school regional
area health education centers' educational programs for the
continued support of medical and other health professions
education and for support of the Area Health Education Center
Program.
Section 371.20.50. STATE SHARE OF INSTRUCTION FORMULAS
The Chancellor of the Board of Regents shall establish
procedures to allocate the foregoing appropriation item 235501,
State Share of Instruction, based on the formulas, enrollment,
course completion, degree attainment, and student achievement
factors in the instructional models set out in this section.
(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS
(1) As soon as possible during each fiscal year of the
biennium ending June 30, 2013, in accordance with instructions of
the Board of Regents, each state-assisted institution of higher
education shall report its actual enrollment, consistent with the
definitions in the Higher Education Information (HEI) system's
enrollment files, to the Chancellor of the Board of Regents.
(2) In defining the number of full-time equivalent students
for state subsidy purposes, the Chancellor of the Board of Regents
shall exclude all undergraduate students who are not residents of
Ohio, except those charged in-state fees in accordance with
reciprocity agreements made under section 3333.17 of the Revised
Code or employer contracts entered into under section 3333.32 of
the Revised Code.
(3) In calculating the core subsidy entitlements for
university branch and main campuses, the Chancellor of the Board
of Regents shall use the following count of FTE students:
(a) The subsidy eligible enrollments by model shall equal
only those FTE students who successfully complete the course as
defined and reported through the Higher Education Information
(HEI) system course enrollment file;
(b) For those undergraduate FTE students with successful
course completions, identified in division (A)(3)(a) of this
section, that had an expected family contribution less than 2190
or were determined to have been in need of remedial education
shall be defined as at-risk students and shall have their eligible
completions weighted by the following:
(i) Campus-specific course completion rates by model;
(ii) Campus-specific course completion indexes, where the
indexes are calculated based upon the number of at-risk students
enrolled during the 2009-2010 academic year; and
(iii) A statewide average at-risk course completion weight
determined for each subsidy model. The statewide average at-risk
course completion weight shall be determined by calculating the
difference between the percentage of traditional students who
complete a course and the percentage of at-risk students who
complete the same course.
(4) In calculating the core subsidy entitlements for Medical
II models only, students repeating terms may be no more than five
per cent of current year enrollment.
(5) In calculating the core subsidy entitlements for students
enrolled in state-supported law schools, subsidy eligible FTE
completions shall be limited to students identified as residents
of Ohio.
(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT
For purposes of calculating state share of instruction
allocations, the total instructional costs per full-time
equivalent student shall be:
Model |
Fiscal Year 2012 |
Fiscal Year 2013 |
|
|
ARTS AND HUMANITIES 1 |
$8,000 |
$8,207 |
|
|
ARTS AND HUMANITIES 2 |
$10,757 |
$11,036 |
|
|
ARTS AND HUMANITIES 3 |
$13,853 |
$14,212 |
|
|
ARTS AND HUMANITIES 4 |
$20,228 |
$20,751 |
|
|
ARTS AND HUMANITIES 5 |
$32,605 |
$33,449 |
|
|
ARTS AND HUMANITIES 6 |
$38,027 |
$39,011 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 |
$7,124 |
$7,308 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 |
$8,164 |
$8,376 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 |
$10,430 |
$10,700 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 |
$12,406 |
$12,727 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 |
$19,267 |
$19,765 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 |
$22,684 |
$23,272 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 |
$29,426 |
$30,188 |
|
|
MEDICAL 1 |
$51,214 |
$52,539 |
|
|
MEDICAL 2 |
$46,876 |
$48,089 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 |
$7,306 |
$7,495 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 |
$10,242 |
$10,507 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 |
$12,242 |
$12,559 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 |
$15,592 |
$15,995 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 |
$20,250 |
$20,774 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 |
$22,357 |
$22,935 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 |
$28,000 |
$28,724 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 |
$37,731 |
$38,707 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 |
$52,676 |
$54,039 |
|
|
Doctoral I and Doctoral II models shall be allocated in
accordance with division (D)(2) of this section.
(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,
AND GRADUATE WEIGHTS
For the purpose of implementing the recommendations of the
State Share of Instruction Consultation and the Higher Education
Funding Study Council that priority be given to maintaining state
support for science, technology, engineering, mathematics,
medicine, and graduate programs, the costs in division (B) of this
section shall be weighted by the amounts provided below:
Model |
Fiscal Year 2012 |
Fiscal Year 2013 |
|
|
ARTS AND HUMANITIES 1 |
1.0000 |
1.0000 |
|
|
ARTS AND HUMANITIES 2 |
1.0000 |
1.0000 |
|
|
ARTS AND HUMANITIES 3 |
1.0000 |
1.0000 |
|
|
ARTS AND HUMANITIES 4 |
1.0000 |
1.0000 |
|
|
ARTS AND HUMANITIES 5 |
1.0425 |
1.0425 |
|
|
ARTS AND HUMANITIES 6 |
1.0425 |
1.0425 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 |
1.0000 |
1.0000 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 |
1.0000 |
1.0000 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 |
1.0000 |
1.0000 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 |
1.0000 |
1.0000 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 |
1.0425 |
1.0425 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 |
1.0425 |
1.0425 |
|
|
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 |
1.0425 |
1.0425 |
|
|
MEDICAL 1 |
1.6456 |
1.6456 |
|
|
MEDICAL 2 |
1.7462 |
1.7462 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 |
1.0000 |
1.0000 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 |
1.0017 |
1.0017 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 |
1.6150 |
1.6150 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 |
1.6920 |
1.6920 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 |
1.4222 |
1.4222 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 |
1.8798 |
1.8798 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 |
1.4380 |
1.4380 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 |
1.5675 |
1.5675 |
|
|
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 |
1.1361 |
1.1361 |
|
|
(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA
ENTITLEMENTS AND ADJUSTMENTS
(1) Of the foregoing appropriation item 235501, State Share
of Instruction, 7.5 per cent of the fiscal year 2012 appropriation
and 10 per cent of the fiscal year 2013 appropriation for
state-supported community colleges, state community colleges, and
technical colleges shall be allocated to colleges in proportion to
their share of college student success factors as adopted by the
Chancellor of the Board of Regents in formal communication to the
Controlling Board on August 30, 2010.
(2) Of the foregoing appropriation item 235501, State Share
of Instruction, up to 12.89 per cent of the appropriation for
university main campuses in each fiscal year shall be reserved for
support of doctoral programs to implement the funding
recommendations made by representatives of the universities. The
amount so reserved shall be referred to as the doctoral set-aside.
The doctoral set-aside shall be allocated to universities as
follows:
(a) 70 per cent of the doctoral set-aside in fiscal year 2012
and 60 per cent of the doctoral set-aside in fiscal year 2013
shall be allocated to universities in proportion to their share of
the total number of Doctoral I equivalent FTEs as calculated on an
institutional basis using the greater of the two-year or five-year
FTEs for the period fiscal year 1994 through fiscal year 1998 with
annualized FTEs for fiscal years 1994 through 1997 and all-term
FTEs for fiscal year 1998 as adjusted to reflect the effects of
doctoral review and subsequent changes in Doctoral I equivalent
enrollments. For the purposes of this calculation, Doctoral I
equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5
times the sum of Doctoral II FTEs.
(b) 15 per cent of the doctoral set-aside in fiscal year 2012
and 20 per cent of the doctoral set-aside in fiscal year 2013
shall be allocated to universities in proportion to each campus's
share of the total statewide doctoral degrees, weighted by the
cost of the doctoral discipline. In calculating each campus's
doctoral degrees the Chancellor of the Board of Regents shall use
the three-year average doctoral degrees awarded for the three-year
period ending in the prior year.
(c) 7.5 per cent of the doctoral set-aside in fiscal year
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013
shall be allocated to universities in proportion to their share of
research grant activity, using a data collection method that is
reviewed and approved by the presidents of Ohio's doctoral degree
granting universities. In the event that the data collection
method is not available, funding for this component shall be
allocated to universities in proportion to their share of research
grant activity published by the National Science Foundation. Grant
awards from the Department of Health and Human Services shall be
weighted at 50 per cent.
(d) 7.5 per cent of the doctoral set-aside in fiscal year
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013
shall be allocated to universities based on other quality measures
that contribute to the advancement of quality doctoral programs.
These other quality measures shall be identified by the Chancellor
in consultation with universities. If for any reason metrics for
distributing the quality component of the doctoral set-aside are
not identified prior to the fiscal year allocation process, this
portion of the doctoral set-aside funds shall be allocated to
universities based on division (D)(2)(a) of this section.
(3) Of the foregoing appropriation item 235501, State Share
of Instruction, 7.01 per cent of the appropriation for university
main campuses in each fiscal year shall be reserved for support of
Medical II FTEs. The amount so reserved shall be referred to as
the medical II set-aside.
The medical II set-aside shall be allocated to universities
in proportion to their share of the total number of Medical II
FTEs as calculated in division (A) of this section, weighted by
model cost.
The Northeastern Ohio Universities Colleges of Medicine and
Pharmacy (NEOUCOM) may use funds from the addition of 35 medical
students resulting from its partnership with Cleveland State
University to establish the NEOUCOM academic program at Cleveland
State University to enable 50 per cent or more of the medical
curriculum to be based in Cleveland at Cleveland State University,
local hospitals, and community- and neighborhood-based primary
care clinics.
(4) Of the foregoing appropriation item 235501, State Share
of Instruction, 1.61 per cent of the appropriation for university
main campuses in each fiscal year shall be reserved for support of
Medical I FTEs. The amount so reserved shall be referred to as the
medical I set-aside.
The medical I set-aside shall be allocated to universities in
proportion to their share of the total number of Medical I FTEs as
calculated in division (A) of this section.
(5) Of the foregoing appropriation item 235501, State Share
of Instruction, 15 per cent of the fiscal year 2012 appropriation
for university main campuses and 20 per cent of the fiscal year
2013 appropriation for university main campuses shall be reserved
for support of associate, baccalaureate, master's, and
professional level degree attainment.
The degree attainment funding shall be allocated to
universities in proportion to each campus's share of the total
statewide degrees granted, weighted by the cost of the degree
programs.
In calculating the subsidy entitlements for degree attainment
at university main campuses, the Chancellor of the Board of
Regents shall use the following count of degrees and degree costs:
(a) For those associate degrees awarded by a state-supported
university, the subsidy eligible degrees granted are defined as
only those earned by students attending a university that received
funding under GRF appropriation item 235418, Access Challenge, in
fiscal year 2009.
(b) For professional law and legal studies degrees awarded by
a state-supported university, the subsidy-eligible degrees at each
institution shall equal no more than the following:
University of Akron |
132 |
|
|
University of Cincinnati |
90 |
|
|
Cleveland State University |
192 |
|
|
The Ohio State University |
149 |
|
|
University of Toledo |
134 |
|
|
(c) In calculating each campus's count of degrees, the
Chancellor of the Board of Regents shall use the three-year
average associate, baccalaureate, master's, and professional
degrees awarded for the three-year period ending in the prior
year.
(d) Eligible associate degrees defined in division (D)(5)(a)
of this section and all bachelor's degrees earned by a student
that either had an expected family contribution less than 2190,
was determined to have been in need of remedial education, is
Native American, African American, or Hispanic, or is at least age
26 at the time of graduation, shall be defined as degrees earned
by an at-risk student and shall be weighted by the following:
(i) A campus-specific degree completion index, where the
index is calculated based on the number of at-risk students
enrolled during a two-year degree cohort beginning in fiscal year
2000 or 2001 and earning a degree in eight years or less; and
(ii) A statewide average at-risk completion weight determined
by calculating the difference between the percentage of
traditional students who earned a degree and the percentage of
at-risk students who earned a degree during the same time period.
(6) Each campus's state share of instruction base formula
earnings shall be determined as follows:
(a) For each campus in each fiscal year, the instructional
costs shall be determined by multiplying the amounts listed above
in divisions (B) and (C) of this section by (i) average
subsidy-eligible FTEs for the two-year period ending in the prior
year for all models except Doctoral I and Doctoral II; and (ii)
average subsidy-eligible FTEs for the five-year period ending in
the prior year for all models except Doctoral I and Doctoral II.
(b) The Chancellor of the Board of Regents shall compute the
two calculations listed in division (D)(6)(a) of this section and
use the greater amount as each campus's instructional costs.
(c) The Chancellor of the Board of Regents shall compute a
uniform state share of instructional costs for each sector.
(i) For the state-supported community colleges, state
community colleges, and technical colleges, the Chancellor of the
Board of Regents shall compute the uniform state share of
instructional costs by dividing the sector level appropriation
total as determined by the Chancellor in division (A)(1) of
Section 371.20.60 of this act and adjusted pursuant to divisions
(B) and (C) of Section 371.20.60 of this act, less the student
college success allocation as described in division (D)(1) of this
section, by the sum of all eligible campuses' instructional costs
as calculated in division (D)(6)(b) of this section.
(ii) For the state-supported university branch campuses, the
Chancellor of the Board of Regents shall compute the uniform state
share of instructional costs by dividing the sector level
appropriation, as determined by the Chancellor in division (A)(2)
of Section 371.20.60 of this act and adjusted pursuant to division
(B) of Section 371.20.60 of this act by the sum of all campuses'
instructional costs as calculated in division (D)(6)(b) of this
section.
(iii) For the state-supported university main campuses, the
Chancellor of the Board of Regents shall compute the uniform state
share of instructional costs by dividing the sector level
appropriation, as determined by the Chancellor in division (A)(3)
of Section 371.20.60 of this act and adjusted pursuant to division
(B) of Section 371.20.60 of this act, less the doctoral set-aside,
less the medical I set-aside, less the medical II set-aside, and
less the degree attainment funding as calculated in divisions
(D)(2) to (5) of this section, by the sum of all campuses'
instructional costs as calculated in division (D)(6)(b) of this
section.
(d) The formula entitlement for each sector's campuses shall
be determined by multiplying the uniform state share of
instructional costs calculated in division (D)(6)(c) of this
section by the campus's instructional cost determined in division
(D)(6)(b) of this section.
(7) In addition to the student success allocation, doctoral
set-aside, medical I set-aside, medical II set-aside, and the
degree attainment allocation determined in divisions (D)(1) to (5)
of this section and the formula entitlement determined in division
(D)(6) of this section, an allocation based on facility-based
plant operations and maintenance (POM) subsidy shall be made. For
each eligible campus, the amount of the POM allocation in each
fiscal year shall be distributed based on what each campus
received in the fiscal year 2009 POM allocation.
Any POM allocations required by this division shall be funded
by proportionately reducing formula entitlement earnings,
including the POM allocations, for all campuses in that sector.
(8) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING
(a) In addition to and after the adjustments noted above, in
fiscal year 2012, no campus shall receive a state share of
instruction allocation that is less than the lesser of the
following two amounts, net of funding for the medical II
set-aside:
(i) The prior year's state share of instruction amount
reduced by 3 per cent, or
(ii) The prior year's state share of instruction amount
reduced by a percentage equal to the percentage change from the
prior year in the campus's sector's state share of instruction
funding minus three percentage points. Funds shall be made
available to support this allocation by proportionately reducing
formula entitlement earnings from those campuses, within each
sector, that are not receiving stability funding.
(b) In fiscal year 2013, in addition to and after the
adjustments noted above, no campus shall receive a state share of
instruction allocation that is less than the lesser of the
following two amounts, net of funding for the medical II
set-aside:
(i) The prior year's state share of instruction amount
reduced by 4 per cent, or
(ii) The prior year's state share of instruction amount
reduced by a percentage equal to the percentage change from the
prior year in the campus's sector's state share of instruction
funding minus four percentage points. Funds shall be made
available to support this allocation by proportionately reducing
formula entitlement earnings from those campuses, within each
sector, that are not receiving stability funding.
(c) For main campus universities that operate a medical
school, in fiscal year 2012 no campus shall receive an allocation
for the medical II set-aside that is less than the lesser of the
following amounts:
(i) The prior year's allocation for the medical II set-aside
reduced by 2 per cent, or
(ii) The prior year's allocation for the medical II set-aside
reduced by a percentage equal to the percentage change from the
prior year in the total medical II set-aside minus two percentage
points. Funds shall be made available to support this allocation
by proportionately reducing formula entitlement earnings from
public medical schools, within each sector, that are not receiving
stability funding.
(d) In fiscal year 2013, no main campus university that
operates a medical school shall receive an allocation for the
medical II set-aside that is less than 97 per cent of the prior
year's allocation for the medical II set-aside. Funds shall be
made available to support this allocation by proportionately
reducing formula entitlement earnings from public medical schools,
within each sector, that are not receiving stability funding.
(9) CAPITAL COMPONENT DEDUCTION
After all other adjustments have been made, state share of
instruction earnings shall be reduced for each campus by the
amount, if any, by which debt service charged in Am. H.B. 748 of
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.
562 of the 127th General Assembly for that campus exceeds that
campus's capital component earnings. The sum of the amounts
deducted shall be transferred to appropriation item 235552,
Capital Component, in each fiscal year.
(E) EXCEPTIONAL CIRCUMSTANCES
Adjustments may be made to the state share of instruction
payments and other subsidies distributed by the Chancellor of the
Board of Regents to state-assisted colleges and universities for
exceptional circumstances. No adjustments for exceptional
circumstances may be made without the recommendation of the
Chancellor and the approval of the Controlling Board.
(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF
INSTRUCTION
The standard provisions of the state share of instruction
calculation as described in the preceding sections of temporary
law shall apply to any reductions made to appropriation item
235501, State Share of Instruction, before the Chancellor of the
Board of Regents has formally approved the final allocation of the
state share of instruction funds for any fiscal year.
Any reductions made to appropriation item 235501, State Share
of Instruction, after the Chancellor of the Board of Regents has
formally approved the final allocation of the state share of
instruction funds for any fiscal year, shall be uniformly applied
to each campus in proportion to its share of the final allocation.
(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION
The state share of instruction payments to the institutions
shall be in substantially equal monthly amounts during the fiscal
year, unless otherwise determined by the Director of Budget and
Management pursuant to section 126.09 of the Revised Code.
Payments during the first six months of the fiscal year shall be
based upon the state share of instruction appropriation estimates
made for the various institutions of higher education according to
the Chancellor of the Board of Regents enrollment estimates.
Payments during the last six months of the fiscal year shall be
distributed after approval of the Controlling Board upon the
request of the Chancellor.
Section 371.20.60. STATE SHARE OF INSTRUCTION FOR FISCAL
YEARS 2012 AND 2013
(A) The foregoing appropriation item 235501, State Share of
Instruction, shall be distributed according to the section of this
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."
(1) Of the foregoing appropriation item 235501, State Share
of Instruction, $400,039,672 in fiscal year 2012 and $403,657,477
in fiscal year 2013 shall be distributed to state-supported
community colleges, state community colleges, and technical
colleges.
(2) Of the foregoing appropriation item 235501, State Share
of Instruction, $115,139,824 in fiscal year 2012 and $116,181,104
in fiscal year 2013 shall be distributed to state-supported
university branch campuses.
(3) Of the foregoing appropriation item 235501, State Share
of Instruction, $1,220,350,535 in fiscal year 2012 and
$1,231,386,916 in fiscal year 2013 shall be distributed to
state-supported university main campuses.
(B) Of the amounts earmarked in division (A) of this section,
$60,996,059 in each fiscal year shall be distributed to eligible
colleges and universities based on each campus's share of the
appropriation item 235418, Access Challenge, in fiscal year 2009.
(C) Of the amount earmarked in division (A)(1) of this
section, $10,323,056 in each fiscal year shall be distributed
among state-supported community colleges, state community
colleges, and technical colleges in an amount equal to the amount
each institution received in fiscal year 2009 from the
supplemental tuition subsidy earmarked under Section 375.30.25 of
H.B. 119 of the 127th General Assembly.
(D) The state share of instruction payments to the
institutions shall be in substantially equal monthly amounts
during the fiscal year, unless otherwise determined by the
Director of Budget and Management pursuant to section 126.09 of
the Revised Code. Payments during the last six months of the
fiscal year shall be distributed after approval of the Controlling
Board upon the request of the Chancellor of the Board of Regents.
Section 371.20.65. TRANSFER OF INSTRUCTIONAL SUBSIDIES
BETWEEN UNIVERSITIES
Notwithstanding any provision of law to the contrary, in
consultation with the Chancellor of the Board of Regents, a
state-supported university may request to transfer state share of
instruction subsidy allocations of the foregoing appropriation
item 235501, State Share of Instruction, between a university main
campus and any university branch campus for which the university
main campus is affiliated to best accomplish institutional goals
and objectives. At the request of the Chancellor of the Board of
Regents, the Director of Budget and Management may transfer the
requested amounts of state share of instruction appropriation
allocations between affiliated university branch campuses and
university main campuses.
Section 371.20.70. RESTRICTION ON FEE INCREASES
The boards of trustees of state-assisted institutions of
higher education shall restrain increases in in-state
undergraduate instructional and general fees. Each state-assisted
institution shall not increase its in-state undergraduate
instructional and general fees more than 3.5 per cent over what
the institution charged for the preceding academic year.
These limitations shall not apply to increases required to
comply with institutional covenants related to their obligations
or to meet unfunded legal mandates or legally binding obligations
incurred or commitments made prior to the effective date of this
section with respect to which the institution had identified such
fee increases as the source of funds. Any increase required by
such covenants and any such mandates, obligations, or commitments
shall be reported by the Chancellor of the Board of Regents to the
Controlling Board. These limitations may also be modified by the
Chancellor of the Board of Regents, with the approval of the
Controlling Board, to respond to exceptional circumstances as
identified by the Chancellor of the Board of Regents.
Section 371.20.80. HIGHER EDUCATION - BOARD OF TRUSTEES
(A) Funds appropriated for instructional subsidies at
colleges and universities may be used to provide such branch or
other off-campus undergraduate courses of study and such master's
degree courses of study as may be approved by the Chancellor of
the Board of Regents.
(B) In providing instructional and other services to
students, boards of trustees of state-assisted institutions of
higher education shall supplement state subsidies with income from
charges to students. Except as otherwise provided in this act,
each board shall establish the fees to be charged to all students,
including an instructional fee for educational and associated
operational support of the institution and a general fee for
noninstructional services, including locally financed student
services facilities used for the benefit of enrolled students. The
instructional fee and the general fee shall encompass all charges
for services assessed uniformly to all enrolled students. Each
board may also establish special purpose fees, service charges,
and fines as required; such special purpose fees and service
charges shall be for services or benefits furnished individual
students or specific categories of students and shall not be
applied uniformly to all enrolled students. A tuition surcharge
shall be paid by all students who are not residents of Ohio.
The board of trustees of a state-assisted institution of
higher education shall not authorize a waiver or nonpayment of
instructional fees or general fees for any particular student or
any class of students other than waivers specifically authorized
by law or approved by the Chancellor. This prohibition is not
intended to limit the authority of boards of trustees to provide
for payments to students for services rendered the institution,
nor to prohibit the budgeting of income for staff benefits or for
student assistance in the form of payment of such instructional
and general fees.
Each state-assisted institution of higher education in its
statement of charges to students shall separately identify the
instructional fee, the general fee, the tuition charge, and the
tuition surcharge. Fee charges to students for instruction shall
not be considered to be a price of service but shall be considered
to be an integral part of the state government financing program
in support of higher educational opportunity for students.
(C) The boards of trustees of state-assisted institutions of
higher education shall ensure that faculty members devote a proper
and judicious part of their work week to the actual instruction of
students. Total class credit hours of production per academic term
per full-time faculty member is expected to meet the standards set
forth in the budget data submitted by the Chancellor of the Board
of Regents.
(D) The authority of government vested by law in the boards
of trustees of state-assisted institutions of higher education
shall in fact be exercised by those boards. Boards of trustees may
consult extensively with appropriate student and faculty groups.
Administrative decisions about the utilization of available
resources, about organizational structure, about disciplinary
procedure, about the operation and staffing of all auxiliary
facilities, and about administrative personnel shall be the
exclusive prerogative of boards of trustees. Any delegation of
authority by a board of trustees in other areas of responsibility
shall be accompanied by appropriate standards of guidance
concerning expected objectives in the exercise of such delegated
authority and shall be accompanied by periodic review of the
exercise of this delegated authority to the end that the public
interest, in contrast to any institutional or special interest,
shall be served.
Section 371.20.90. STUDENT SUPPORT SERVICES
The foregoing appropriation item 235502, Student Support
Services, shall be distributed by the Chancellor of the Board of
Regents to Ohio's state-assisted colleges and universities that
incur disproportionate costs in the provision of support services
to disabled students.
Section 371.30.10. WAR ORPHANS SCHOLARSHIPS
The foregoing appropriation item 235504, War Orphans
Scholarships, shall be used to reimburse state-assisted
institutions of higher education for waivers of instructional fees
and general fees provided by them, to provide grants to
institutions that have received a certificate of authorization
from the Chancellor of the Board of Regents under Chapter 1713. of
the Revised Code, in accordance with the provisions of section
5910.04 of the Revised Code, and to fund additional scholarship
benefits provided by section 5910.032 of the Revised Code.
An amount equal to the unexpended, unencumbered portion of
the foregoing appropriation item 235504, War Orphans Scholarships,
at the end of fiscal year 2012 is hereby reappropriated to the
Board of Regents for the same purpose for fiscal year 2013.
Section 371.30.20. OHIOLINK
The foregoing appropriation item 235507, OhioLINK, shall be
used by the Chancellor of the Board of Regents to support
OhioLINK, a consortium organized under division (U) of section
3333.04 of the Revised Code to serve as the state's electronic
library information and retrieval system, which provides access
statewide to an extensive set of electronic databases and
resources and the library holdings of Ohio's public and
participating private nonprofit colleges and universities, and the
State Library of Ohio.
Section 371.30.30. AIR FORCE INSTITUTE OF TECHNOLOGY
The foregoing appropriation item 235508, Air Force Institute
of Technology, shall be used by the director of the Air Force
Institute to: (A) strengthen the research and educational linkages
between the Wright Patterson Air Force Base and institutions of
higher education in Ohio; and (B) support the Dayton Area Graduate
Studies Institute, an engineering graduate consortium of Wright
State University, the University of Dayton, and the Air Force
Institute of Technology, with the participation of the University
of Cincinnati and The Ohio State University.
Section 371.30.40. OHIO SUPERCOMPUTER CENTER
The foregoing appropriation item 235510, Ohio Supercomputer
Center, shall be used by the Chancellor of the Board of Regents to
support the operation of the Ohio Supercomputer Center, a
consortium organized under division (U) of section 3333.04 of the
Revised Code, located at The Ohio State University. The Ohio
Supercomputer Center is a statewide resource available to Ohio
research universities both public and private. It is also intended
that the center be made accessible to private industry as
appropriate.
Funds shall be used, in part, to support the Ohio
Supercomputer Center's Computational Science Initiative, which
includes its industrial outreach program, Blue Collar Computing,
and its School of Computational Science. These collaborations
between the Ohio Supercomputer Center and Ohio's colleges and
universities shall be aimed at making Ohio a leader in using
computer modeling to promote economic development.
Section 371.30.50. COOPERATIVE EXTENSION SERVICE
The foregoing appropriation item 235511, Cooperative
Extension Service, shall be disbursed through the Chancellor of
the Board of Regents to The Ohio State University in monthly
payments, unless otherwise determined by the Director of Budget
and Management under section 126.09 of the Revised Code.
Section 371.30.60. CENTRAL STATE SUPPLEMENT
The Chancellor of the Board of Regents shall, in consultation
with Central State University, develop a plan whereby the
foregoing appropriation item 235514, Central State Supplement,
shall be used in a manner consistent with the goals of increasing
enrollment, improving course completion, and increasing the number
of degrees conferred. The Chancellor shall submit a summary of the
plan to the Speaker of the House of Representatives, the President
of the Senate, and the Governor by December 31, 2011.
The foregoing appropriation item 235514, Central State
Supplement, shall be disbursed by the Chancellor of the Board of
Regents to Central State University. The first two disbursements
in fiscal year 2012 shall be made on a quarterly basis. Beginning
January 1, 2012, the funds shall be disbursed to Central State
University in accordance with the plan developed by the Chancellor
under this section.
The Chancellor shall monitor the implementation of the plan
and the use of funds. Central State University shall provide any
information requested by the Chancellor related to the
implementation of the plan. If the Chancellor determines that
Central State University's use of supplemental funds is not in
accordance with the plan or if the plan is not having the desired
effect, the Chancellor may notify Central State University that
the plan is suspended. Upon receiving such notice, Central State
University shall avoid all unnecessary expenditures under the
plan. The Chancellor shall notify the Controlling Board of the
suspension of the plan and within sixty days prepare a new plan
for the use of any remaining funds.
Section 371.30.70. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF
MEDICINE
The foregoing appropriation item 235515, Case Western Reserve
University School of Medicine, shall be disbursed to Case Western
Reserve University through the Chancellor of the Board of Regents
in accordance with agreements entered into under section 3333.10
of the Revised Code, provided that the state support per full-time
medical student shall not exceed that provided to full-time
medical students at state universities.
Section 371.30.80. FAMILY PRACTICE
The Chancellor of the Ohio Board of Regents shall develop
plans consistent with existing criteria and guidelines as may be
required for the distribution of appropriation item 235519, Family
Practice.
Section 371.30.90. SHAWNEE STATE SUPPLEMENT
The Chancellor of the Board of Regents shall, in consultation
with Shawnee State University, develop a plan whereby the
foregoing appropriation item 235520, Shawnee State Supplement,
shall be used in a manner consistent with the goals of improving
course completion, increasing the number of degrees conferred, and
furthering the university's mission of service to the Appalachian
region. The Chancellor shall submit a summary of the plan to the
Speaker of the House of Representatives, the President of the
Senate, and the Governor by December 31, 2011.
The foregoing appropriation item 235520, Shawnee State
Supplement, shall be disbursed by the Chancellor of the Board of
Regents to Shawnee State University. The first two disbursements
in fiscal year 2012 shall be made on a quarterly basis. Beginning
January 1, 2012, the funds shall be disbursed to Shawnee State
University in accordance with the plan developed by the Chancellor
under this section.
The Chancellor shall monitor the implementation of the plan
and the use of funds. Shawnee State University shall provide any
information requested by the Chancellor related to the
implementation of the plan. If the Chancellor determines that
Shawnee State University's use of supplemental funds is not in
accordance with the plan or if the plan is not having the desired
effect, the Chancellor may notify Shawnee State University that
the plan is suspended. Upon receiving such notice, Shawnee State
University shall avoid all unnecessary expenditures under the
plan. The Chancellor shall notify the Controlling Board of the
suspension of the plan and within sixty days prepare a new plan
for the use of any remaining funds.
Section 371.40.10. POLICE AND FIRE PROTECTION
The foregoing appropriation item 235524, Police and Fire
Protection, shall be used for police and fire services in the
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,
Portsmouth, Xenia Township (Greene County), Rootstown Township,
and the City of Nelsonville that may be used to assist these local
governments in providing police and fire protection for the
central campus of the state-affiliated university located therein.
Section 371.40.20. GERIATRIC MEDICINE
The Chancellor of the Board of Regents shall develop plans
consistent with existing criteria and guidelines as may be
required for the distribution of appropriation item 235525,
Geriatric Medicine.
Section 371.40.30. PRIMARY CARE RESIDENCIES
The Chancellor of the Board of Regents shall develop plans
consistent with existing criteria and guidelines as may be
required for the distribution of appropriation item 235526,
Primary Care Residencies.
The foregoing appropriation item 235526, Primary Care
Residencies, shall be distributed in each fiscal year of the
biennium, based on whether or not the institution has submitted
and gained approval for a plan. If the institution does not have
an approved plan, it shall receive five per cent less funding per
student than it would have received from its annual allocation.
The remaining funding shall be distributed among those
institutions that meet or exceed their targets.
Section 371.40.40. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT
CENTER
The foregoing appropriation item 235535, Ohio Agricultural
Research and Development Center, shall be disbursed through the
Chancellor of the Board of Regents to The Ohio State University in
monthly payments, unless otherwise determined by the Director of
Budget and Management under section 126.09 of the Revised Code.
The Ohio Agricultural Research and Development Center shall not be
required to remit payment to The Ohio State University during the
biennium ending June 30, 2013, for cost reallocation assessments.
The cost reallocation assessments include, but are not limited to,
any assessment on state appropriations to the Center.
The Ohio Agricultural Research and Development Center, an
entity of the College of Food, Agricultural, and Environmental
Sciences of The Ohio State University, shall further its mission
of enhancing Ohio's economic development and job creation by
continuing to internally allocate on a competitive basis
appropriated funding of programs based on demonstrated
performance. Academic units, faculty, and faculty-driven programs
shall be evaluated and rewarded consistent with agreed-upon
performance expectations as called for in the College's
Expectations and Criteria for Performance Assessment.
Section 371.40.50. STATE UNIVERSITY CLINICAL TEACHING
The foregoing appropriation items 235536, The Ohio State
University Clinical Teaching; 235537, University of Cincinnati
Clinical Teaching; 235538, University of Toledo Clinical Teaching;
235539, Wright State University Clinical Teaching; 235540, Ohio
University Clinical Teaching; and 235541, Northeastern Ohio
Universities College of Medicine Clinical Teaching, shall be
distributed through the Chancellor of the Board of Regents.
Section 371.40.60. CAPITAL COMPONENT
The foregoing appropriation item 235552, Capital Component,
shall be used by the Chancellor of the Board of Regents to
implement the capital funding policy for state-assisted colleges
and universities established in Am. H.B. 748 of the 121st General
Assembly. Appropriations from this item shall be distributed to
all campuses for which the estimated campus debt service
attributable to new qualifying capital projects is less than the
campus's formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated
campus debt service attributable to new qualifying capital
projects from the campus's formula-determined capital component
allocation. Moneys distributed from this appropriation item shall
be restricted to capital-related purposes.
Any campus for which the estimated campus debt service
attributable to qualifying capital projects is greater than the
campus's formula-determined capital component allocation shall
have the difference subtracted from its State Share of Instruction
allocation in each fiscal year. Appropriation equal to the sum of
all such amounts except that of the Ohio Agricultural Research and
Development Center shall be transferred from appropriation item
235501, State Share of Instruction, to appropriation item 235552,
Capital Component. Appropriation equal to any estimated Ohio
Agricultural Research and Development Center debt service
attributable to qualifying capital projects that is greater than
the Center's formula-determined capital component allocation shall
be transferred from appropriation item 235535, Ohio Agricultural
Research and Development Center, to appropriation item 235552,
Capital Component.
Section 371.40.70. LIBRARY DEPOSITORIES
The foregoing appropriation item, 235555, Library
Depositories, shall be distributed to the state's five regional
depository libraries for the cost-effective storage of and access
to lesser-used materials in university library collections. The
depositories shall be administrated by the Chancellor of the Board
of Regents, or by OhioLINK at the discretion of the Chancellor.
Section 371.40.80. OHIO ACADEMIC RESOURCES NETWORK (OARNET)
The foregoing appropriation item 235556, Ohio Academic
Resources Network, shall be used by the Chancellor of the Board of
Regents to support the operations of the Ohio Academic Resources
Network, a consortium organized under division (U) of section
3333.04 of the Revised Code, which shall include support for
Ohio's colleges and universities in maintaining and enhancing
network connections, using new network technologies to improve
research, education, and economic development programs, and
sharing information technology services. To the extent network
capacity is available, OARnet shall support allocating bandwidth
to eligible programs directly supporting Ohio's economic
development.
Section 371.40.90. LONG-TERM CARE RESEARCH
The foregoing appropriation item 235558, Long-term Care
Research, shall be disbursed to Miami University for long-term
care research.
Section 371.50.10. OHIO COLLEGE OPPORTUNITY GRANT
(A) Except as provided in division (C) of this section:
The foregoing appropriation item 235563, Ohio College
Opportunity Grant, shall be used by the Chancellor of the Board of
Regents to award needs-based financial aid to students enrolled in
eligible institutions of higher education, excluding early college
high school and post-secondary enrollment option participants.
An amount equal to the unexpended, unencumbered portion of
the foregoing appropriation item 235563, Ohio College Opportunity
Grant, at the end of fiscal year 2012 is hereby reappropriated to
the Board of Regents for the same purpose for fiscal year 2013.
(B)(1) As used in this section, "eligible institution" means
any institution described in divisions (B)(2)(a) to (c) of section
3333.122 of the Revised Code.
(2) If the Chancellor determines that the amounts
appropriated for support of the Ohio College Opportunity Grant
program are inadequate to provide grants to all eligible students
as calculated under division (D) of section 3333.122 of the
Revised Code, the Chancellor may create a distribution formula for
fiscal year 2012 and fiscal year 2013 based on the formula used in
fiscal year 2011, or may follow methods established in division
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The
Chancellor shall notify the Controlling Board of the distribution
method. Any formula calculated under this division shall be
complete and established to coincide with the start of the
2011-2012 academic year.
(C) Prior to determining the amount of funds available to
award under this section and section 3333.122 of the Revised Code,
the Chancellor shall use the foregoing appropriation item 235563,
Ohio College Opportunity Grant, to pay for renewals or partial
renewals of scholarships students receive under the Ohio Academic
Scholarship Program under sections 3333.21 and 3333.22 of the
Revised Code.
In each fiscal year, the Chancellor shall not distribute or
obligate or commit to be distributed an amount greater than what
is appropriated under the foregoing appropriation item 235563,
Ohio College Opportunity Grant.
(D) The Chancellor shall establish, and post on the Ohio
Board of Regents' web site, award tables based on any formulas
created under division (B) of this section. The Chancellor shall
notify students and institutions of any reductions in awards under
this section.
On or before August 31, 2011, the Chancellor of the Board of
Regents shall submit award tables to the Controlling Board for the
2011-2012 academic year and allocations of Ohio College
Opportunity Grant awards not already specified in section 3333.122
of the Revised Code.
(E) Notwithstanding section 3333.122 of the Revised Code, no
student shall be eligible to receive an Ohio College Opportunity
Grant for more than ten semesters, fifteen quarters, or the
equivalent of five academic years, less the number of semesters or
quarters in which the student received an Ohio Instructional
Grant.
Section 371.50.20. THE OHIO STATE UNIVERSITY CLINIC SUPPORT
The foregoing appropriation item 235572, The Ohio State
University Clinic Support, shall be distributed through the
Chancellor of the Board of Regents to The Ohio State University
for support of dental and veterinary medicine clinics.
Section 371.50.30. NATIONAL GUARD SCHOLARSHIP PROGRAM
The Chancellor of the Board of Regents shall disburse funds
from appropriation item 235599, National Guard Scholarship
Program, at the direction of the Adjutant General. During each
fiscal year, the Chancellor of the Board of Regents, within ten
days of cancellation, may certify to the Director of Budget and
Management the amount of canceled prior-year encumbrances in
appropriation item 235599, National Guard Scholarship Program.
Upon receipt of the certification, the Director of Budget and
Management may transfer cash in an amount up to the amount
certified from the General Revenue Fund to the National Guard
Scholarship Reserve Fund (Fund 5BM0). Upon the request of the
Adjutant General, the Chancellor of the Board of Regents shall
seek Controlling Board approval to authorize additional
expenditures for appropriation item 235623, National Guard
Scholarship Reserve Fund. Upon approval of the Controlling Board,
the additional amounts are hereby appropriated. The Chancellor of
the Board of Regents shall disburse funds from appropriation item
235623, National Guard Scholarship Reserve Fund, at the direction
of the Adjutant General.
Section 371.50.40. PLEDGE OF FEES
Any new pledge of fees, or new agreement for adjustment of
fees, made in the biennium ending June 30, 2013, to secure bonds
or notes of a state-assisted institution of higher education for a
project for which bonds or notes were not outstanding on the
effective date of this section shall be effective only after
approval by the Chancellor of the Board of Regents, unless
approved in a previous biennium.
Section 371.50.50. HIGHER EDUCATION GENERAL OBLIGATION DEBT
SERVICE
The foregoing appropriation item 235909, Higher Education
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required
to be made during the period from July 1, 2011, through June 30,
2013, for obligations issued under sections 151.01 and 151.04 of
the Revised Code.
Section 371.50.60. SALES AND SERVICES
The Chancellor of the Board of Regents is authorized to
charge and accept payment for the provision of goods and services.
Such charges shall be reasonably related to the cost of producing
the goods and services. Except as otherwise provided by law, no
charges may be levied for goods or services that are produced as
part of the routine responsibilities or duties of the Chancellor.
All revenues received by the Chancellor of the Board of Regents
shall be deposited into Fund 4560, and may be used by the
Chancellor of the Board of Regents to pay for the costs of
producing the goods and services.
Section 371.50.63. CO-OP INTERNSHIP PROGRAM
Of the foregoing appropriation item 235649, Co-op Internship
Program, $75,000 in each fiscal year shall be used by the
Chancellor of the Board of Regents to support the operations of
Ohio University's Voinovich School.
Of the foregoing appropriation item 235649, Co-op Internship
Program, $75,000 in each fiscal year, shall be used by the
Chancellor of the Board of Regents to support the operations of
The Ohio State University's John Glenn School of Public Affairs.
Of the foregoing appropriation item 235649, Co-op Internship
Program, $75,000 in each fiscal year shall be used to support the
Bliss Institute of Applied Politics at the University of Akron.
Section 371.50.70. HIGHER EDUCATIONAL FACILITY COMMISSION
ADMINISTRATION
The foregoing appropriation item 235602, Higher Educational
Facility Commission Administration, shall be used by the
Chancellor of the Board of Regents for operating expenses related
to the Chancellor of the Board of Regents' support of the
activities of the Ohio Higher Educational Facility Commission.
Upon the request of the Chancellor, the Director of Budget and
Management shall transfer up to $29,100 cash in fiscal year 2012
and up to $29,100 cash in fiscal year 2013 from the HEFC Operating
Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund
4E80).
Section 371.50.80. NURSING LOAN PROGRAM
The foregoing appropriation item 235606, Nursing Loan
Program, shall be used to administer the nurse education
assistance program. Up to $167,580 in each fiscal year may be used
for operating expenses associated with the program. Any additional
funds needed for the administration of the program are subject to
Controlling Board approval.
Section 371.50.90. VETERANS PREFERENCES
The Chancellor of the Board of Regents shall work with the
Department of Veterans Services to develop specific veterans
preference guidelines for higher education institutions. These
guidelines shall ensure that the institutions' hiring practices
are in accordance with the intent of Ohio's veterans preference
laws.
Section 371.60.10. STATE NEED-BASED FINANCIAL AID
RECONCILIATION
By the first day of August in each fiscal year, or as soon as
possible thereafter, the Chancellor of the Board of Regents shall
certify to the Director of Budget and Management the amount
necessary to pay any outstanding prior year obligations to higher
education institutions for the state's need-based financial aid
programs. The amounts certified are hereby appropriated to
appropriation item 235618, State Need-based Financial Aid
Reconciliation, from revenues received in the State Need-based
Financial Aid Reconciliation Fund (Fund 5Y50).
Section 371.60.20. (A) As used in this section:
(1) "Board of trustees" includes the managing authority of a
university branch district.
(2) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(B) The board of trustees of any state institution of higher
education, notwithstanding any rule of the institution to the
contrary, may adopt a policy providing for mandatory furloughs of
employees, including faculty, to achieve spending reductions
necessitated by institutional budget deficits.
Section 371.60.30. SHARED SERVICES
(A) Except as otherwise provided in this section, any state
institution of higher education with total FTE enrollment under
5,000 shall enter into strategic partnerships for shared services
with other institutions of higher education, school districts,
local government entities, or regional shared services centers.
The strategic partnerships entered into pursuant to this
section shall be comprehensive and shall include but not be
limited to services for accounting, business and finance,
conferences, development, enrollment management, financial aid,
testing, career services, human resources, employee prescription
drug benefits, marketing and public relations, purchasing,
technology services, and telecommunications. Co-located campuses
shall also enter into partnerships to share costs for building and
grounds maintenance, executive office operations, security and law
enforcement, food service, and student activities such as
performing arts and sports.
Each state institution may seek a waiver from the Chancellor
of the Board of Regents in one or more of the above areas. In
seeking a waiver from the Chancellor, the institution must
demonstrate the efficiency of its individual operation or a
strategic partnership with another entity that achieves similar
results. If the Chancellor determines that the institution fails
to demonstrate the efficiency of its operation, the Chancellor
shall report the institution's failure to the Governor and members
of the General Assembly.
Each state institution of higher education shall report to
the Chancellor by December 31, 2011, and annually thereafter,
regarding its strategic partnerships. Reports shall document the
amount saved through the partnerships.
(B) Any institution that provides employee prescription drug
benefits through the Rx Ohio Collaborative shall be deemed to have
demonstrated maximum cost savings in this area.
Section 371.60.40. EFFICIENCY ADVISORY COMMITTEE
The Chancellor of the Board of Regents shall establish an
efficiency advisory committee for the purpose of generating
optimal efficiency plans for campuses, identifying shared services
opportunities, and sharing best practices. The efficiency advisory
committee shall also attempt to reduce the cost of textbooks and
other education resource materials. The committee shall meet at
the call of the Chancellor or the Chancellor's designee, but at
least quarterly. Each state institution of higher education shall
designate an employee to serve as its efficiency officer
responsible for the evaluation and improvement of operational
efficiencies on campus. Each efficiency officer shall serve on the
efficiency advisory committee.
Section 371.60.50. TEXTBOOK AFFORDABILITY
Each state institution of higher education shall submit to
the Chancellor of the Board of Regents by December 31, 2011, a
plan to reduce the cost to students of textbooks and other
education resource materials.
Section 371.60.60. TUITION TRUST AUTHORITY APPROPRIATION LINE
ITEM TRANSFER
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management, upon request by the Chancellor
of the Board of Regents, shall cancel any existing encumbrances
against appropriation item 095602, Variable Savings Plans, and
re-establish them against appropriation item 235663, Variable
Savings Plans. The re-established encumbrance amounts are hereby
appropriated.
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management, upon request by the Chancellor
of the Board of Regents, shall cancel any existing encumbrances
against appropriation item 095601, Guaranteed Savings Plan, and
re-establish them against appropriation item 235664, Guaranteed
Savings Plan. The re-established encumbrance amounts are hereby
appropriated.
Section 371.60.70. (A) Notwithstanding anything to the
contrary in sections 3333.81 to 3333.88 of the Revised Code, the
distance learning clearinghouse required to be established under
those sections shall be located at the Ohio Resource Center for
Mathematics, Science, and Reading administered by the College of
Education and Human Ecology at The Ohio State University. The
College shall provide access to its online repository of
educational content to offer courses from multiple providers at
competitive prices for Ohio students in grades kindergarten to
twelve.
(B) The College shall review the content of each course
offered to assess the course's alignment with the academic
standards adopted under division (A) of section 3301.079 of the
Revised Code and shall publish its determination about the degree
of alignment.
(C) The College shall indicate, for each course offered, the
academic credit that a student may reasonably expect to earn upon
successful completion of the course. However, in accordance with
section 3333.85 of the Revised Code, the school district or school
in which the student is enrolled retains full authority to
determine the credit awarded to the student.
(D) As prescribed by section 3333.84 of the Revised Code, the
fee charged for a course shall be set by the course provider. The
College may retain a percentage of the fee to offset the cost of
maintaining the course repository.
(E) The College may establish policies to protect the
proprietary interest in or intellectual property of the
educational content and courses that are housed in the course
repository. The College may require end users to agree to the
terms of any such policies prior to accessing the repository.
Section 371.60.80. (A) The Ohio Digital Learning Task Force
is hereby established to develop a strategy for the expansion of
digital learning that enables students to customize their
education, produces cost savings, and meets the needs of Ohio's
economy. The Task Force shall consist of the following members:
(1) The Chancellor of the Ohio Board of Regents or the
Chancellor's designee;
(2) The Superintendent of Public Instruction or the
Superintendent's designee;
(3) The Director of the Governor's Office of 21st Century
Education or the Director's designee;
(4) Up to six members appointed by the Governor, who shall be
representatives of school districts or community schools,
established under Chapter 3314. of the Revised Code, that are
high-performing of their type and have demonstrated the ability to
incorporate technology into the classroom successfully;
(5) A member appointed by the President of the Senate;
(6) A member appointed by the Speaker of the House of
Representatives.
(B) Members of the Task Force shall be appointed not later
than sixty days after the effective date of this section.
Vacancies on the Task Force shall be filled in the same manner as
the original appointments. Members shall serve without
compensation.
(C) The Governor shall designate the chairperson of the Task
Force. All meetings of the Task Force shall be held at the call of
the chairperson.
(D) The Task Force shall do all of the following:
(1) Request information from textbook publishers about the
development of digital textbooks and other new digital content
distribution methods for use by primary, secondary, and
post-secondary schools and institutions and examine that
information;
(2) Examine potential cost savings and efficiency of
utilizing digital textbooks and other new digital content
distribution methods in primary, secondary, and post-secondary
schools and institutions;
(3) Examine potential academic benefits of utilizing digital
textbooks and other new digital content distribution methods,
including, but not limited to, the ability to individualize
content to specific student learning styles, accessibility for
individuals with disabilities, and the integration of formative
and other online assessments;
(4) Examine digital content pilot programs and initiatives
currently operating at primary, secondary, and post-secondary
schools and institutions in Ohio, including, but not limited to,
those financed in part with federal funds;
(5) Examine any state-level initiatives to provide or
facilitate use of digital content in primary, secondary, and
post-secondary schools and institutions in Ohio.
(E) The Task Force shall make recommendations regarding all
of the following:
(1) The creation of high quality digital content and
instruction in grades kindergarten to twelve for free access by
public and nonpublic schools and students receiving home
instruction;
(2) High quality professional development for teachers and
principals providing online instruction or blended learning
programs;
(3) Funding strategies that create incentives for high
performance, innovation, and options in course providers and
delivery;
(4) Student assessment and accountability;
(5) Infrastructure to support digital learning;
(6) Mobile learning and mobile learning applications;
(7) The clearinghouse established under section 3333.82 of
the Revised Code;
(8) Ways to align the resources and digital learning
initiatives of state agencies and offices;
(9) Methods for removing redundancy and inefficiency in, and
for providing coordination, of all digital learning programs,
including the provision of free online instruction to public and
nonpublic schools on a statewide basis;
(10) Methods of addressing future changes in technology and
learning.
(E) Not later than March 1, 2012, the Task Force shall issue
a report of its findings and recommendations to the Governor, the
President of the Senate, and the Speaker of the House of
Representatives. Upon issuance of its report, the Task Force shall
cease to exist.
Section 371.60.90. Not later than six months after the
effective date of this section, the Chancellor of the Ohio Board
of Regents shall do both of the following:
(A) Take steps to facilitate full implementation of any
digital textbook and digital content pilot programs currently
planned at any state institutions of higher education in Ohio;
(B) Take steps to ensure that those pilot programs examine
the potential cost savings and efficiencies of digital content and
the potential academic benefits, including, but not limited to,
the ability to individualize content to specific student learning
styles, accessibility for individuals with disabilities, and the
integration of formative and other online assessments.
Section 373.10. DRC DEPARTMENT OF REHABILITATION AND
CORRECTION
General Revenue Fund
| |
|
|
|
|
|
|
|
GRF |
501321 |
|
Institutional Operations |
|
$ |
909,547,156 |
|
$ |
866,592,589 |
|
|
GRF |
501403 |
|
Prisoner Compensation |
|
$ |
8,599,255 |
|
$ |
8,599,255 |
|
|
GRF |
501405 |
|
Halfway House |
|
$ |
43,637,069 |
|
$ |
43,622,104 |
|
|
GRF |
501406 |
|
Lease Rental Payments |
|
$ |
42,863,100 |
|
$ |
104,301,500 |
|
|
GRF |
501407 |
|
Community Nonresidential Programs |
|
$ |
25,859,382 |
|
$ |
25,839,390 |
|
|
GRF |
501408 |
|
Community Misdemeanor Programs |
|
$ |
14,406,800 |
|
$ |
14,406,800 |
|
|
GRF |
501501 |
|
Community Residential Programs - CBCF |
|
$ |
62,692,785 |
|
$ |
62,477,785 |
|
|
GRF |
502321 |
|
Mental Health Services |
|
$ |
58,525,816 |
|
$ |
51,778,513 |
|
|
GRF |
503321 |
|
Parole and Community Operations |
|
$ |
68,197,272 |
|
$ |
63,783,848 |
|
|
GRF |
504321 |
|
Administrative Operations |
|
$ |
21,996,504 |
|
$ |
20,085,474 |
|
|
GRF |
505321 |
|
Institution Medical Services |
|
$ |
209,231,014 |
|
$ |
195,241,961 |
|
|
GRF |
506321 |
|
Institution Education Services |
|
$ |
20,237,576 |
|
$ |
18,086,492 |
|
|
GRF |
507321 |
|
Institution Recovery Services |
|
$ |
5,786,109 |
|
$ |
5,375,737 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
1,491,579,838 |
|
$ |
1,480,191,448 |
|
|
General Services Fund Group
1480 |
501602 |
|
Services and Agricultural |
|
$ |
3,579,250 |
|
$ |
3,584,263 |
|
|
2000 |
501607 |
|
Ohio Penal Industries |
|
$ |
45,172,184 |
|
$ |
45,791,729 |
|
|
4830 |
501605 |
|
Property Receipts |
|
$ |
182,723 |
|
$ |
182,086 |
|
|
4B00 |
501601 |
|
Sewer Treatment Services |
|
$ |
2,145,630 |
|
$ |
2,157,682 |
|
|
4D40 |
501603 |
|
Prisoner Programs |
|
$ |
16,652,286 |
|
$ |
16,659,901 |
|
|
4L40 |
501604 |
|
Transitional Control |
|
$ |
1,168,843 |
|
$ |
1,213,120 |
|
|
4S50 |
501608 |
|
Education Services |
|
$ |
2,376,041 |
|
$ |
2,359,775 |
|
|
5710 |
501606 |
|
Training Academy Receipts |
|
$ |
125,000 |
|
$ |
125,000 |
|
|
5930 |
501618 |
|
Laboratory Services |
|
$ |
6,665,137 |
|
$ |
6,664,729 |
|
|
5AF0 |
501609 |
|
State and Non-Federal Awards |
|
$ |
1,440,000 |
|
$ |
1,440,000 |
|
|
5H80 |
501617 |
|
Offender Financial Responsibility |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
|
|
5L60 |
501611 |
|
Information Technology Services |
|
$ |
600,000 |
|
$ |
600,000 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
83,107,094 |
|
$ |
83,778,285 |
|
|
Federal Special Revenue Fund Group
3230 |
501619 |
|
Federal Grants |
|
$ |
9,013,558 |
|
$ |
9,180,703 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
9,013,558 |
|
$ |
9,180,703 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,583,700,490 |
|
$ |
1,573,150,436 |
|
|
TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL
SENTENCING REFORMS
For the purposes of implementing criminal sentencing reforms,
and notwithstanding any other provision of law to the contrary,
the Director of Budget and Management, at the request of the
Director of Rehabilitation and Correction, may transfer up to
$14,000,000 in appropriations, in each of fiscal years 2012 and
2013, from appropriation item 501321, Institutional Operations, to
any combination of appropriation items 501405, Halfway House;
501407, Community Residential Programs; 501408, Community
Misdemeanor Programs; and 501501, Community Residential Programs -
CBCF.
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 501406, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made during the period from July 1, 2011, through
June 30, 2013, by the Department of Rehabilitation and Correction
to the Ohio Building Authority under the primary leases and
agreements for those buildings made under Chapter 152. of the
Revised Code. These appropriations are the source of funds pledged
for bond service charges or obligations issued pursuant to Chapter
152. of the Revised Code.
Notwithstanding section 341.192 of the Revised Code, at the
request of the Department of Rehabilitation and Correction, The
Ohio State University Medical Center, including the James Cancer
Hospital and Solove Research Institute and the Richard M. Ross
Heart Hospital, shall provide necessary care to persons who are
confined in state adult correctional facilities. The provision of
necessary care shall be billed to the Department at a rate not to
exceed the authorized reimbursement rate for the same service
established by the Department of Job and Family Services under the
Medical Assistance Program.
Section 375.10. RSC REHABILITATION SERVICES COMMISSION
GRF |
415402 |
|
Independent Living Council |
|
$ |
252,000 |
|
$ |
252,000 |
|
|
GRF |
415406 |
|
Assistive Technology |
|
$ |
26,618 |
|
$ |
26,618 |
|
|
GRF |
415431 |
|
Office for People with Brain Injury |
|
$ |
126,567 |
|
$ |
126,567 |
|
|
GRF |
415506 |
|
Services for People with Disabilities |
|
$ |
12,777,884 |
|
$ |
12,777,884 |
|
|
GRF |
415508 |
|
Services for the Deaf |
|
$ |
28,000 |
|
$ |
28,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
13,211,069 |
|
$ |
13,211,069 |
|
|
General Services Fund Group
4670 |
415609 |
|
Business Enterprise Operating Expenses |
|
$ |
1,308,431 |
|
$ |
1,303,090 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
1,308,431 |
|
$ |
1,303,090 |
|
|
Federal Special Revenue Fund Group
3170 |
415620 |
|
Disability Determination |
|
$ |
97,579,095 |
|
$ |
97,579,095 |
|
|
3790 |
415616 |
|
Federal - Vocational Rehabilitation |
|
$ |
103,160,426 |
|
$ |
103,150,102 |
|
|
3L10 |
415601 |
|
Social Security Personal Care Assistance |
|
$ |
3,370,000 |
|
$ |
3,370,000 |
|
|
3L10 |
415605 |
|
Social Security Community Centers for the Deaf |
|
$ |
772,000 |
|
$ |
772,000 |
|
|
3L10 |
415608 |
|
Social Security Special Programs/Assistance |
|
$ |
1,521,406 |
|
$ |
1,520,184 |
|
|
3L40 |
415612 |
|
Federal Independent Living Centers or Services |
|
$ |
652,222 |
|
$ |
652,222 |
|
|
3L40 |
415615 |
|
Federal - Supported Employment |
|
$ |
929,755 |
|
$ |
929,755 |
|
|
3L40 |
415617 |
|
Independent Living/Vocational Rehabilitation Programs |
|
$ |
2,137,338 |
|
$ |
2,137,338 |
|
|
TOTAL FED Federal Special
| |
|
|
|
|
|
|
|
Revenue Fund Group
| |
$ |
210,122,242 |
|
$ |
210,110,696 |
|
|
State Special Revenue Fund Group
4680 |
415618 |
|
Third Party Funding |
|
$ |
10,802,589 |
|
$ |
10,802,589 |
|
|
4L10 |
415619 |
|
Services for Rehabilitation |
|
$ |
3,700,000 |
|
$ |
3,700,000 |
|
|
4W50 |
415606 |
|
Program Management Expenses |
|
$ |
11,636,730 |
|
$ |
11,587,201 |
|
|
TOTAL SSR State Special
| |
|
|
|
|
|
|
|
Revenue Fund Group
| |
$ |
26,139,319 |
|
$ |
26,089,790 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
250,781,061 |
|
$ |
250,714,645 |
|
|
INDEPENDENT LIVING COUNCIL
The foregoing appropriation item 415402, Independent Living
Council, shall be used to fund the operations of the State
Independent Living Council and to support state independent living
centers and independent living services under Title VII of the
Independent Living Services and Centers for Independent Living of
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29
U.S.C. 796d.
Of the foregoing appropriation item 415402, Independent
Living Council, $67,662 in each fiscal year shall be used as state
matching funds for vocational rehabilitation innovation and
expansion activities.
The total amount of the foregoing appropriation item 415406,
Assistive Technology, shall be provided to Assistive Technology of
Ohio to provide grants and assistive technology services for
people with disabilities in the State of Ohio.
OFFICE FOR PEOPLE WITH BRAIN INJURY
The foregoing appropriation item 415431, Office for People
with Brain Injury, shall be used to plan and coordinate
head-injury-related services provided by state agencies and other
government or private entities, to assess the needs for such
services, and to set priorities in this area.
Of the foregoing appropriation item 415431, Office for People
with Brain Injury, $44,067 in each fiscal year shall be used as
state matching funds to provide vocational rehabilitation services
to eligible consumers.
VOCATIONAL REHABILITATION SERVICES
The foregoing appropriation item 415506, Services for People
with Disabilities, shall be used as state matching funds to
provide vocational rehabilitation services to eligible consumers.
At the request of the Chancellor of the Board of Regents, the
Director of Budget and Management may transfer any unexpended,
unencumbered appropriation in fiscal year 2012 or fiscal year 2013
from appropriation item 235502, Student Support Services, to
appropriation item 415506, Services for People with Disabilities.
Any appropriation so transferred shall be used by the Ohio
Rehabilitation Services Commission to obtain additional federal
matching funds to serve disabled students.
The foregoing appropriation item 415508, Services for the
Deaf, shall be used to provide grants to community centers for the
deaf.
INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS
The foregoing appropriation item 415617, Independent
Living/Vocational Rehabilitation Programs, shall be used to
support vocational rehabilitation programs.
SOCIAL SECURITY REIMBURSEMENT FUNDS
Reimbursement funds received from the Social Security
Administration, United States Department of Health and Human
Services, for the costs of providing services and training to
return disability recipients to gainful employment shall be
expended from the Social Security Reimbursement Fund (Fund 3L10),
to the extent funds are available, as follows:
(A) Appropriation item 415601, Social Security Personal Care
Assistance, to provide personal care services in accordance with
section 3304.41 of the Revised Code;
(B) Appropriation item 415605, Social Security Community
Centers for the Deaf, to provide grants to community centers for
the deaf in Ohio for services to individuals with hearing
impairments; and
(C) Appropriation item 415608, Social Security Special
Programs/Assistance, to provide vocational rehabilitation services
to individuals with severe disabilities who are Social Security
beneficiaries, to enable them to achieve competitive employment.
This appropriation item shall also be used to pay a portion of
indirect costs of the Personal Care Assistance Program and the
Independent Living Programs as mandated by federal OMB Circular
A-87.
PROGRAM MANAGEMENT EXPENSES
The foregoing appropriation item 415606, Program Management
Expenses, shall be used to support the administrative functions of
the commission related to the provision of vocational
rehabilitation, disability determination services, and ancillary
programs.
Section 377.10. RCB RESPIRATORY CARE BOARD
General Services Fund Group
4K90 |
872609 |
|
Operating Expenses |
|
$ |
528,624 |
|
$ |
523,013 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
528,624 |
|
$ |
523,013 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
528,624 |
|
$ |
523,013 |
|
|
Section 379.10. RDF REVENUE DISTRIBUTION FUNDS
Volunteer Firefighters' Dependents Fund
7085 |
800985 |
|
Volunteer Firemen's Dependents Fund |
|
$ |
300,000 |
|
$ |
300,000 |
|
|
TOTAL 085 Volunteer Firefighters'
| |
|
|
|
|
|
|
|
Dependents Fund
| |
$ |
300,000 |
|
$ |
300,000 |
|
|
Agency Fund Group
| |
|
|
|
|
|
|
|
4P80 |
001698 |
|
Cash Management Improvement Fund |
|
$ |
3,100,000 |
|
$ |
3,100,000 |
|
|
5JG0 |
110633 |
|
Gross Casino Revenue County Fund |
|
$ |
5,778,617 |
|
$ |
138,882,294 |
|
|
5JH0 |
110634 |
|
Gross Casino Revenue County Student Fund |
|
$ |
3,852,412 |
|
$ |
92,588,196 |
|
|
5JJ0 |
110636 |
|
Gross Casino Revenue Host City Fund |
|
$ |
566,531 |
|
$ |
13,615,911 |
|
|
5JK0 |
875610 |
|
Ohio State Racing Commission Fund |
|
$ |
339,919 |
|
$ |
8,169,547 |
|
|
5JL0 |
038629 |
|
Problem Casino Gambling and Addictions Fund |
|
$ |
226,612 |
|
$ |
5,446,364 |
|
|
5JN0 |
055654 |
|
Ohio Law Enforcement Training Fund |
|
$ |
226,612 |
|
$ |
5,446,364 |
|
|
6080 |
001699 |
|
Investment Earnings |
|
$ |
50,000,000 |
|
$ |
150,000,000 |
|
|
7062 |
110962 |
|
Resort Area Excise Tax |
|
$ |
1,000,000 |
|
$ |
1,000,000 |
|
|
7063 |
110963 |
|
Permissive Tax Distribution |
|
$ |
1,904,500,000 |
|
$ |
1,980,700,000 |
|
|
7067 |
110967 |
|
School District Income Tax |
|
$ |
317,000,000 |
|
$ |
330,000,000 |
|
|
TOTAL AGY Agency Fund Group
| |
$ |
2,286,590,703 |
|
$ |
2,728,948,676 |
|
|
Holding Account Redistribution
R045 |
110617 |
|
International Fuel Tax Distribution |
|
$ |
40,000,000 |
|
$ |
40,000,000 |
|
|
TOTAL 090 Holding Account Redistribution Fund
| |
|
|
|
|
|
|
|
Revenue Distribution Fund Group
| |
$ |
40,000,000 |
|
$ |
40,000,000 |
|
|
7049 |
038900 |
|
Indigent Drivers Alcohol Treatment |
|
$ |
2,200,000 |
|
$ |
2,200,000 |
|
|
7050 |
762900 |
|
International Registration Plan Distribution |
|
$ |
30,000,000 |
|
$ |
30,000,000 |
|
|
7051 |
762901 |
|
Auto Registration Distribution |
|
$ |
539,000,000 |
|
$ |
539,000,000 |
|
|
7054 |
110954 |
|
Local Government Property Tax Replacement - Utility |
|
$ |
16,000,000 |
|
$ |
11,000,000 |
|
|
7060 |
110960 |
|
Gasoline Excise Tax Fund |
|
$ |
393,000,000 |
|
$ |
395,000,000 |
|
|
7065 |
110965 |
|
Public Library Fund |
|
$ |
354,000,000 |
|
$ |
345,000,000 |
|
|
7066 |
800966 |
|
Undivided Liquor Permits |
|
$ |
14,100,000 |
|
$ |
14,100,000 |
|
|
7068 |
110968 |
|
State and Local Government Highway Distribution |
|
$ |
193,000,000 |
|
$ |
196,000,000 |
|
|
7069 |
110969 |
|
Local Government Fund |
|
$ |
526,000,000 |
|
$ |
339,000,000 |
|
|
7081 |
110981 |
|
Local Government Property Tax Replacement-Business |
|
$ |
291,000,000 |
|
$ |
181,000,000 |
|
|
7082 |
110982 |
|
Horse Racing Tax |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
7083 |
700900 |
|
Ohio Fairs Fund |
|
$ |
1,400,000 |
|
$ |
1,400,000 |
|
|
TOTAL RDF Revenue Distribution
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
2,359,800,000 |
|
$ |
2,053,800,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
4,686,690,703 |
|
$ |
4,823,048,676 |
|
|
ADDITIONAL APPROPRIATIONS
Appropriation items in this section shall be used for the
purpose of administering and distributing the designated revenue
distribution funds according to the Revised Code. If it is
determined that additional appropriations are necessary for this
purpose, such amounts are hereby appropriated.
GENERAL REVENUE FUND TRANSFERS
Notwithstanding any provision of law to the contrary, in
fiscal year 2012 and fiscal year 2013, the Director of Budget and
Management may transfer from the General Revenue Fund to the Local
Government Tangible Property Tax Replacement Fund (Fund 7081) in
the Revenue Distribution Fund Group, those amounts necessary to
reimburse local taxing units under section 5751.22 of the Revised
Code. Also, in fiscal year 2012 and fiscal year 2013, the Director
of Budget and Management may make temporary transfers from the
General Revenue Fund to ensure sufficient balances in the Local
Government Tangible Property Tax Replacement Fund (Fund 7081) and
to replenish the General Revenue Fund for such transfers.
Section 381.10. SAN BOARD OF SANITARIAN REGISTRATION
General Services Fund Group
4K90 |
893609 |
|
Operating Expenses |
|
$ |
141,839 |
|
$ |
126,850 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
141,839 |
|
$ |
126,850 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
141,839 |
|
$ |
126,850 |
|
|
Section 383.10. OSB OHIO STATE SCHOOL FOR THE BLIND
GRF |
226100 |
|
Personal Services |
|
$ |
6,593,546 |
|
$ |
6,593,546 |
|
|
GRF |
226200 |
|
Maintenance |
|
$ |
619,528 |
|
$ |
619,528 |
|
|
GRF |
226300 |
|
Equipment |
|
$ |
65,505 |
|
$ |
65,505 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
7,278,579 |
|
$ |
7,278,579 |
|
|
General Services Fund Group
4H80 |
226602 |
|
Education Reform Grants |
|
$ |
60,086 |
|
$ |
60,086 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
60,086 |
|
$ |
60,086 |
|
|
Federal Special Revenue Fund Group
3100 |
226626 |
|
Coordinating Unit |
|
$ |
2,527,104 |
|
$ |
2,527,104 |
|
|
3DT0 |
226621 |
|
Ohio Transition Collaborative |
|
$ |
1,800,000 |
|
$ |
1,800,000 |
|
|
3P50 |
226643 |
|
Medicaid Professional Services Reimbursement |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
TOTAL FED Federal Special
| |
|
|
|
|
|
|
|
Revenue Fund Group
| |
$ |
4,377,104 |
|
$ |
4,377,104 |
|
|
State Special Revenue Fund Group
4M50 |
226601 |
|
Work Study and Technology Investment |
|
$ |
698,521 |
|
$ |
698,521 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
698,521 |
|
$ |
698,521 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
12,414,290 |
|
$ |
12,414,290 |
|
|
Section 385.10. OSD OHIO SCHOOL FOR THE DEAF
GRF |
221100 |
|
Personal Services |
|
$ |
7,842,339 |
|
$ |
7,842,339 |
|
|
GRF |
221200 |
|
Maintenance |
|
$ |
814,532 |
|
$ |
814,532 |
|
|
GRF |
221300 |
|
Equipment |
|
$ |
70,786 |
|
$ |
70,786 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
8,727,657 |
|
$ |
8,727,657 |
|
|
General Services Fund Group
4M10 |
221602 |
|
Education Reform Grants |
|
$ |
74,903 |
|
$ |
74,903 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
74,903 |
|
$ |
74,903 |
|
|
Federal Special Revenue Fund Group
3110 |
221625 |
|
Coordinating Unit |
|
$ |
2,460,135 |
|
$ |
2,460,135 |
|
|
3R00 |
221684 |
|
Medicaid Professional Services Reimbursement |
|
$ |
35,000 |
|
$ |
35,000 |
|
|
3Y10 |
221686 |
|
Early Childhood Grant |
|
$ |
300,000 |
|
$ |
300,000 |
|
|
TOTAL FED Federal Special
| |
|
|
|
|
|
|
|
Revenue Fund Group
| |
$ |
2,795,135 |
|
$ |
2,795,135 |
|
|
State Special Revenue Fund Group
4M00 |
221601 |
|
Educational Program Expenses |
|
$ |
190,000 |
|
$ |
190,000 |
|
|
5H60 |
221609 |
|
Even Start Fees and Gifts |
|
$ |
126,750 |
|
$ |
126,750 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
316,750 |
|
$ |
316,750 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
11,914,445 |
|
$ |
11,914,445 |
|
|
Section 387.10. SFC SCHOOL FACILITIES COMMISSION
GRF |
230908 |
|
Common Schools General Obligation Debt Service |
|
$ |
150,604,900 |
|
$ |
341,919,400 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
150,604,900 |
|
$ |
341,919,400 |
|
|
State Special Revenue Fund Group
5E30 |
230644 |
|
Operating Expenses |
|
$ |
8,950,000 |
|
$ |
8,550,000 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
8,950,000 |
|
$ |
8,550,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
159,554,900 |
|
$ |
350,469,400 |
|
|
Section 387.20. COMMON SCHOOLS GENERAL OBLIGATION DEBT
SERVICE
The foregoing appropriation item 230908, Common Schools
General Obligation Debt Service, shall be used to pay all debt
service and related financing costs at the times they are required
to be made during the period from July 1, 2011, through June 30,
2013, for obligations issued under sections 151.01 and 151.03 of
the Revised Code.
The foregoing appropriation item 230644, Operating Expenses,
shall be used by the Ohio School Facilities Commission to carry
out its responsibilities under this section and Chapter 3318. of
the Revised Code.
In both fiscal years 2012 and 2013, the Executive Director of
the Ohio School Facilities Commission shall certify on a quarterly
basis to the Director of Budget and Management the amount of cash
from interest earnings to be transferred from the School Building
Assistance Fund (Fund 7032), the Public School Building Fund (Fund
7021), and the Educational Facilities Trust Fund (Fund N087) to
the Ohio School Facilities Commission Fund (Fund 5E30). The amount
transferred from the School Building Assistance Fund (Fund 7032)
may not exceed investment earnings credited to the fund, less any
amount required to be paid for federal arbitrage rebate purposes.
If the Executive Director of the Ohio School Facilities
Commission determines that transferring cash from interest
earnings is insufficient to support operations and carry out its
responsibilities under this section and Chapter 3318. of the
Revised Code, the Commission may, with the approval of the
Controlling Board, transfer cash not generated from interest from
the Public School Building Fund (Fund 7021) and the Educational
Trust Fund (Fund N087) to the Ohio School Facilities Commission
Fund (Fund 5E30).
SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION
At the request of the Executive Director of the Ohio School
Facilities Commission, the Director of Budget and Management may
cancel encumbrances for school district projects from a previous
biennium if the district has not raised its local share of project
costs within thirteen months of receiving Controlling Board
approval under section 3318.05 or 3318.41 of the Revised Code. The
Executive Director of the Ohio School Facilities Commission shall
certify the amounts of the canceled encumbrances to the Director
of Budget and Management on a quarterly basis. The amounts of the
canceled encumbrances are hereby appropriated.
Section 387.30. AMENDMENT TO PROJECT AGREEMENT FOR
MAINTENANCE LEVY
The Ohio School Facilities Commission shall amend the project
agreement between the Commission and a school district that is
participating in the Accelerated Urban School Building Assistance
Program on the effective date of this section, if the Commission
determines that it is necessary to do so in order to comply with
division (B)(3)(c) of section 3318.38 of the Revised Code.
Section 387.40. CANTON CITY SCHOOL DISTRICT PROJECT
(A) The Ohio School Facilities Commission may commit up to
thirty-five million dollars to the Canton City School District for
construction of a facility described in this section, in lieu of a
high school that would otherwise be authorized under Chapter 3318.
of the Revised Code. The Commission shall not commit funds under
this section unless all of the following conditions are met:
(1) The District has entered into a cooperative agreement
with a state-assisted technical college;
(2) The District has received an irrevocable commitment of
additional funding from nonpublic sources; and
(3) The facility is intended to serve both secondary and
postsecondary instructional purposes.
(B) The Commission shall enter into an agreement with the
District for the construction of the facility authorized under
this section that is separate from and in addition to the
agreement required for the District's participation in the
Classroom Facilities Assistance Program under section 3318.08 of
the Revised Code. Notwithstanding that section and sections
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional
agreement shall provide, but not be limited to, the following:
(1) The Commission shall not have any oversight
responsibilities over the construction of the facility.
(2) The facility need not comply with the specifications for
plans and materials for high schools adopted by the Commission.
(3) The Commission may decrease the basic project cost that
would otherwise be calculated for a high school under Chapter
3318. of the Revised Code.
(4) The state shall not share in any increases in the basic
project cost for the facility above the amount authorized under
this section.
All other provisions of Chapter 3318. of the Revised Code
apply to the approval and construction of a facility authorized
under this section.
The state funds committed to the facility authorized by this
section shall be part of the total amount the state commits to the
Canton City School District under Chapter 3318. of the Revised
Code. All additional state funds committed to the Canton City
School District for classroom facilities assistance shall be
subject to all provisions of Chapter 3318. of the Revised Code.
Section 387.50. Notwithstanding any other provision of law to
the contrary, the Ohio School Facilities Commission may determine
the amount of funding available for disbursement in a given fiscal
year for any project approved under sections 3318.01 to 3318.20 of
the Revised Code in order to keep aggregate state capital spending
within approved limits and may take actions including, but not
limited to, determining the schedule for design or bidding of
approved projects, to ensure appropriate and supportable cash
flow.
Section 387.60. Notwithstanding division (B) of section
3318.40 of the Revised Code, the Ohio School Facilities Commission
may provide assistance to at least one joint vocational school
district each fiscal year for the acquisition of classroom
facilities in accordance with sections 3318.40 to 3318.45 of the
Revised Code.
Section 389.10. SOS SECRETARY OF STATE
GRF |
050321 |
|
Operating Expenses |
|
$ |
2,144,030 |
|
$ |
2,144,030 |
|
|
GRF |
050407 |
|
Pollworkers Training |
|
$ |
234,196 |
|
$ |
234,196 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
2,378,226 |
|
$ |
2,378,226 |
|
|
General Services Fund Group
4120 |
050609 |
|
Notary Commission |
|
$ |
475,000 |
|
$ |
475,000 |
|
|
4130 |
050601 |
|
Information Systems |
|
$ |
49,000 |
|
$ |
49,000 |
|
|
4140 |
050602 |
|
Citizen Education Fund |
|
$ |
25,000 |
|
$ |
25,000 |
|
|
4S80 |
050610 |
|
Board of Voting Machine Examiners |
|
$ |
7,200 |
|
$ |
7,200 |
|
|
5FG0 |
050620 |
|
BOE Reimbursement and Education |
|
$ |
100,000 |
|
$ |
100,000 |
|
|
TOTAL General Services Fund Group
| |
$ |
656,200 |
|
$ |
656,200 |
|
|
Federal Special Revenue Fund Group
3AH0 |
050614 |
|
Election Reform/Health and Human Services |
|
$ |
800,000 |
|
$ |
800,000 |
|
|
3AS0 |
050616 |
|
Help America Vote Act (HAVA) |
|
$ |
3,000,000 |
|
$ |
3,000,000 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
3,800,000 |
|
$ |
3,800,000 |
|
|
State Special Revenue Fund Group
5990 |
050603 |
|
Business Services Operating Expenses |
|
$ |
14,385,400 |
|
$ |
14,385,400 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
14,385,400 |
|
$ |
14,385,400 |
|
|
Holding Account Redistribution Fund Group
R001 |
050605 |
|
Uniform Commercial Code Refunds |
|
$ |
30,000 |
|
$ |
30,000 |
|
|
R002 |
050606 |
|
Corporate/Business Filing Refunds |
|
$ |
85,000 |
|
$ |
85,000 |
|
|
TOTAL 090 Holding Account
| |
|
|
|
|
|
|
|
Redistribution Fund Group
| |
$ |
115,000 |
|
$ |
115,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
21,334,826 |
|
$ |
21,334,826 |
|
|
The foregoing appropriation item 050407, Pollworkers
Training, shall be used to reimburse county boards of elections
for pollworker training pursuant to section 3501.27 of the Revised
Code. At the end of fiscal year 2012, an amount equal to the
unexpended, unencumbered portion of appropriation item 050407,
Pollworkers Training, is hereby reappropriated in fiscal year 2013
for the same purpose.
BOARD OF VOTING MACHINE EXAMINERS
The foregoing appropriation item 050610, Board of Voting
Machine Examiners, shall be used to pay for the services and
expenses of the members of the Board of Voting Machine Examiners,
and for other expenses that are authorized to be paid from the
Board of Voting Machine Examiners Fund, which is created in
section 3506.05 of the Revised Code. Moneys not used shall be
returned to the person or entity submitting equipment for
examination. If it is determined that additional appropriations
are necessary, such amounts are hereby appropriated.
An amount equal to the unexpended, unencumbered portion of
appropriation item 050616, Help America Vote Act (HAVA) Voting
Machines, at the end of fiscal year 2012 is reappropriated for the
same purpose in fiscal year 2013.
An amount equal to the unexpended, unencumbered portion of
appropriation item 050614, Election Reform/Health and Human
Services, at the end of fiscal year 2012 is reappropriated for the
same purpose in fiscal year 2013.
The Director of Budget and Management shall credit the
ongoing interest earnings from the Election Reform/Health and
Human Services Fund (Fund 3AH0), the Help America Vote Act (HAVA)
Voting Machines Fund (Fund 3AS0), and the Election Data Collection
Grant Fund (Fund 3AC0) to the respective funds and distribute
these earnings in accordance with the terms of the grant under
which the money is received.
HOLDING ACCOUNT REDISTRIBUTION GROUP
The foregoing appropriation items 050605, Uniform Commercial
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall
be used to hold revenues until they are directed to the
appropriate accounts or until they are refunded. If it is
determined that additional appropriations are necessary, such
amounts are hereby appropriated.
ABOLITION OF THE TECHNOLOGY IMPROVEMENTS FUND
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the cash balance
in the Technology Improvements Fund (Fund 5N90) to the Business
Services Operating Expenses Fund (Fund 5990). The Director shall
cancel any existing encumbrances against appropriation item
050607, Technology Improvements, and re-establish them against
appropriation item 050603, Business Services Operating Expenses.
The re-established encumbered amounts are hereby appropriated.
Upon completion of the transfer, Fund 5N90 is abolished.
Section 391.10. SEN THE OHIO SENATE
GRF |
020321 |
|
Operating Expenses |
|
$ |
10,911,095 |
|
$ |
10,911,095 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
10,911,095 |
|
$ |
10,911,095 |
|
|
General Services Fund Group
1020 |
020602 |
|
Senate Reimbursement |
|
$ |
852,001 |
|
$ |
852,001 |
|
|
4090 |
020601 |
|
Miscellaneous Sales |
|
$ |
34,497 |
|
$ |
34,497 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
886,498 |
|
$ |
886,498 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
11,797,593 |
|
$ |
11,797,593 |
|
|
On July 1, 2011, or as soon as possible thereafter, the Clerk
of the Senate may certify to the Director of Budget and Management
the amount of the unexpended, unencumbered balance of the
foregoing appropriation item 020321, Operating Expenses, at the
end of fiscal year 2011 to be reappropriated to fiscal year 2012.
The amount certified is hereby reappropriated to the same
appropriation item for fiscal year 2012.
On July 1, 2012, or as soon as possible thereafter, the Clerk
of the Senate may certify to the Director of Budget and Management
the amount of the unexpended, unencumbered balance of the
foregoing appropriation item 020321, Operating Expenses, at the
end of fiscal year 2012 to be reappropriated to fiscal year 2013.
The amount certified is hereby reappropriated to the same
appropriation item for fiscal year 2013.
Section 393.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM
GRF |
866321 |
|
CSV Operations |
|
$ |
129,998 |
|
$ |
126,664 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
129,998 |
|
$ |
126,664 |
|
|
5GN0 |
866605 |
|
Serve Ohio Support |
|
$ |
67,500 |
|
$ |
67,500 |
|
|
TOTAL GSF General Services Fund
| |
$ |
67,500 |
|
$ |
67,500 |
|
|
Federal Special Revenue Fund Group
3R70 |
866617 |
|
AmeriCorps Programs |
|
$ |
8,279,290 |
|
$ |
8,272,110 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
8,279,290 |
|
$ |
8,272,110 |
|
|
State Special Revenue Fund Group
6240 |
866604 |
|
Volunteer Contracts and Services |
|
$ |
49,130 |
|
$ |
47,870 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
49,130 |
|
$ |
47,870 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
8,525,918 |
|
$ |
8,514,144 |
|
|
Section 395.10. CSF COMMISSIONERS OF THE SINKING FUND
7070 |
155905 |
|
Third Frontier Research and Development Bond Retirement Fund |
|
$ |
29,323,300 |
|
$ |
63,640,300 |
|
|
7072 |
155902 |
|
Highway Capital Improvement Bond Retirement Fund |
|
$ |
143,176,000 |
|
$ |
150,789,300 |
|
|
7073 |
155903 |
|
Natural Resources Bond Retirement Fund |
|
$ |
5,375,300 |
|
$ |
25,209,100 |
|
|
7074 |
155904 |
|
Conservation Projects Bond Retirement Fund |
|
$ |
24,556,800 |
|
$ |
29,297,300 |
|
|
7076 |
155906 |
|
Coal Research and Development Bond Retirement Fund |
|
$ |
7,861,100 |
|
$ |
5,577,700 |
|
|
7077 |
155907 |
|
State Capital Improvement Bond Retirement Fund |
|
$ |
113,306,600 |
|
$ |
215,571,100 |
|
|
7078 |
155908 |
|
Common Schools Bond Retirement Fund |
|
$ |
150,604,900 |
|
$ |
341,919,400 |
|
|
7079 |
155909 |
|
Higher Education Bond Retirement Fund |
|
$ |
108,262,500 |
|
$ |
201,555,000 |
|
|
7080 |
155901 |
|
Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund |
|
$ |
5,497,700 |
|
$ |
10,112,100 |
|
|
7090 |
155912 |
|
Job Ready Site Development Bond Retirement Fund |
|
$ |
9,859,200 |
|
$ |
15,680,500 |
|
|
TOTAL DSF Debt Service Fund Group
| |
$ |
597,823,400 |
|
$ |
1,059,351,800 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
597,823,400 |
|
$ |
1,059,351,800 |
|
|
ADDITIONAL APPROPRIATIONS
Appropriation items in this section are for the purpose of
paying debt service and financing costs on bonds or notes of the
state issued under the Ohio Constitution and acts of the General
Assembly. If it is determined that additional amounts are
necessary for this purpose, such amounts are hereby appropriated.
Section 397.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY
DEVELOPMENT FOUNDATION
Tobacco Master Settlement Agreement Fund Group
5M90 |
945601 |
|
Operating Expenses |
|
$ |
436,500 |
|
$ |
426,800 |
|
|
TOTAL TMF Tobacco Master Settlement Agreement Fund Group
| |
$ |
436,500 |
|
$ |
426,800 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
436,500 |
|
$ |
426,800 |
|
|
Section 399.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY
&
AUDIOLOGY
General Services Fund Group
4K90 |
886609 |
|
Operating Expenses |
|
$ |
477,490 |
|
$ |
472,260 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
477,490 |
|
$ |
472,260 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
477,490 |
|
$ |
472,260 |
|
|
Section 401.10. BTA BOARD OF TAX APPEALS
GRF |
116321 |
|
Operating Expenses |
|
$ |
1,600,000 |
|
$ |
1,700,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
1,600,000 |
|
$ |
1,700,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,600,000 |
|
$ |
1,700,000 |
|
|
Section 403.10. TAX DEPARTMENT OF TAXATION
GRF |
110321 |
|
Operating Expenses |
|
$ |
73,500,000 |
|
$ |
73,550,000 |
|
|
GRF |
110404 |
|
Tobacco Settlement Enforcement |
|
$ |
200,000 |
|
$ |
200,000 |
|
|
GRF |
110412 |
|
Child Support Administration |
|
$ |
15,804 |
|
$ |
15,804 |
|
|
GRF |
110901 |
|
Property Tax Allocation - Taxation |
|
$ |
610,900,000 |
|
$ |
616,000,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
684,615,804 |
|
$ |
689,765,804 |
|
|
General Services Fund Group
2280 |
110628 |
|
Tax Reform System Implementation |
|
$ |
13,638,008 |
|
$ |
13,642,176 |
|
|
4330 |
110602 |
|
Tape File Account |
|
$ |
197,802 |
|
$ |
197,878 |
|
|
5AP0 |
110632 |
|
Discovery Project |
|
$ |
2,445,799 |
|
$ |
2,445,657 |
|
|
5CZ0 |
110631 |
|
Vendor's License Application |
|
$ |
250,000 |
|
$ |
250,000 |
|
|
5N50 |
110605 |
|
Municipal Income Tax Administration |
|
$ |
339,798 |
|
$ |
339,975 |
|
|
5N60 |
110618 |
|
Kilowatt Hour Tax Administration |
|
$ |
150,000 |
|
$ |
150,000 |
|
|
5V80 |
110623 |
|
Property Tax Administration |
|
$ |
12,195,733 |
|
$ |
12,099,303 |
|
|
5W40 |
110625 |
|
Centralized Tax Filing and Payment |
|
$ |
200,000 |
|
$ |
200,000 |
|
|
5W70 |
110627 |
|
Exempt Facility Administration |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
29,467,140 |
|
$ |
29,374,989 |
|
|
State Special Revenue Fund Group
4350 |
110607 |
|
Local Tax Administration |
|
$ |
19,028,339 |
|
$ |
19,225,941 |
|
|
4360 |
110608 |
|
Motor Vehicle Audit |
|
$ |
1,474,081 |
|
$ |
1,474,353 |
|
|
4370 |
110606 |
|
Litter/Natural Resource Tax Administration |
|
$ |
20,000 |
|
$ |
20,000 |
|
|
4380 |
110609 |
|
School District Income Tax |
|
$ |
5,859,041 |
|
$ |
5,860,650 |
|
|
4C60 |
110616 |
|
International Registration Plan |
|
$ |
689,296 |
|
$ |
689,308 |
|
|
4R60 |
110610 |
|
Tire Tax Administration |
|
$ |
245,462 |
|
$ |
246,660 |
|
|
5V70 |
110622 |
|
Motor Fuel Tax Administration |
|
$ |
5,384,254 |
|
$ |
5,086,236 |
|
|
6390 |
110614 |
|
Cigarette Tax Enforcement |
|
$ |
1,384,217 |
|
$ |
1,384,314 |
|
|
6420 |
110613 |
|
Ohio Political Party Distributions |
|
$ |
500,000 |
|
$ |
500,000 |
|
|
6880 |
110615 |
|
Local Excise Tax Administration |
|
$ |
782,630 |
|
$ |
782,843 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
35,367,320 |
|
$ |
35,270,305 |
|
|
4250 |
110635 |
|
Tax Refunds |
|
$ |
1,546,800,000 |
|
$ |
1,546,800,000 |
|
|
7095 |
110995 |
|
Municipal Income Tax |
|
$ |
21,000,000 |
|
$ |
21,000,000 |
|
|
TOTAL AGY Agency Fund Group
| |
$ |
1,567,800,000 |
|
$ |
1,567,800,000 |
|
|
Holding Account Redistribution Fund Group
R010 |
110611 |
|
Tax Distributions |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
R011 |
110612 |
|
Miscellaneous Income Tax Receipts |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
TOTAL 090 Holding Account
| |
|
|
|
|
|
|
|
Redistribution Fund Group
| |
$ |
100,000 |
|
$ |
100,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
2,317,350,264 |
|
$ |
2,322,311,098 |
|
|
HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK
The foregoing appropriation item 110901, Property Tax
Allocation - Taxation, is hereby appropriated to pay for the
state's costs incurred due to the Homestead Exemption, the
Manufactured Home Property Tax Rollback, and the Property Tax
Rollback. The Tax Commissioner shall distribute these funds
directly to the appropriate local taxing districts, except for
school districts, notwithstanding the provisions in sections
321.24 and 323.156 of the Revised Code, which provide for payment
of the Homestead Exemption, the Manufactured Home Property Tax
Rollback, and Property Tax Rollback by the Tax Commissioner to the
appropriate county treasurer and the subsequent redistribution of
these funds to the appropriate local taxing districts by the
county auditor.
Upon receipt of these amounts, each local taxing district
shall distribute the amount among the proper funds as if it had
been paid as real property taxes. Payments for the costs of
administration shall continue to be paid to the county treasurer
and county auditor as provided for in sections 319.54, 321.26, and
323.156 of the Revised Code.
Any sums, in addition to the amounts specifically
appropriated in appropriation item 110901, Property Tax Allocation
- Taxation, for the Homestead Exemption, the Manufactured Home
Property Tax Rollback, and the Property Tax Rollback payments,
which are determined to be necessary for these purposes, are
hereby appropriated.
The foregoing appropriation item 110995, Municipal Income
Tax, shall be used to make payments to municipal corporations
under section 5745.05 of the Revised Code. If it is determined
that additional appropriations are necessary to make such
payments, such amounts are hereby appropriated.
The foregoing appropriation item 110635, Tax Refunds, shall
be used to pay refunds under section 5703.052 of the Revised Code.
If it is determined that additional appropriations are necessary
for this purpose, such amounts are hereby appropriated.
INTERNATIONAL REGISTRATION PLAN AUDIT
The foregoing appropriation item 110616, International
Registration Plan, shall be used under section 5703.12 of the
Revised Code for audits of persons with vehicles registered under
the International Registration Plan.
TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT
Of the foregoing appropriation item 110607, Local Tax
Administration, the Tax Commissioner may disburse funds, if
available, for the purposes of paying travel expenses incurred by
members of Ohio's delegation to the Streamlined Sales Tax Project,
as appointed under section 5740.02 of the Revised Code. Any travel
expense reimbursement paid for by the Department of Taxation shall
be done in accordance with applicable state laws and guidelines.
CENTRALIZED TAX FILING AND PAYMENT FUND
The Director of Budget and Management, under a plan submitted
by the Tax Commissioner, or as otherwise determined by the
Director of Budget and Management, shall set a schedule to
transfer cash from the General Revenue Fund to the credit of the
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers
of cash shall not exceed $400,000 in the biennium.
TOBACCO SETTLEMENT ENFORCEMENT
The foregoing appropriation item 110404, Tobacco Settlement
Enforcement, shall be used by the Tax Commissioner to pay costs
incurred in the enforcement of divisions (F) and (G) of section
5743.03 of the Revised Code.
Section 405.10. DOT DEPARTMENT OF TRANSPORTATION
GRF |
775451 |
|
Public Transportation - State |
|
$ |
5,500,000 |
|
$ |
5,500,000 |
|
|
GRF |
776465 |
|
Ohio Rail Development Commission |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
|
|
GRF |
777471 |
|
Airport Improvements - State |
|
$ |
750,000 |
|
$ |
750,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
8,250,000 |
|
$ |
8,250,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
8,250,000 |
|
$ |
8,250,000 |
|
|
Section 407.10. TOS TREASURER OF STATE
GRF |
090321 |
|
Operating Expenses |
|
$ |
7,743,553 |
|
$ |
7,743,553 |
|
|
GRF |
090401 |
|
Office of the Sinking Fund |
|
$ |
502,304 |
|
$ |
502,304 |
|
|
GRF |
090402 |
|
Continuing Education |
|
$ |
377,702 |
|
$ |
377,702 |
|
|
GRF |
090524 |
|
Police and Fire Disability Pension Fund |
|
$ |
7,900 |
|
$ |
7,900 |
|
|
GRF |
090534 |
|
Police and Fire Ad Hoc Cost of Living |
|
$ |
87,000 |
|
$ |
87,000 |
|
|
GRF |
090554 |
|
Police and Fire Survivor Benefits |
|
$ |
600,000 |
|
$ |
600,000 |
|
|
GRF |
090575 |
|
Police and Fire Death Benefits |
|
$ |
20,000,000 |
|
$ |
20,000,000 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
29,318,459 |
|
$ |
29,318,459 |
|
|
General Services Fund Group
4E90 |
090603 |
|
Securities Lending Income
|
|
$ |
4,829,441 |
|
$ |
4,829,441 |
|
|
5770 |
090605 |
|
Investment Pool Reimbursement |
|
$ |
550,000 |
|
$ |
550,000 |
|
|
5C50 |
090602 |
|
County Treasurer Education |
|
$ |
170,057 |
|
$ |
170,057 |
|
|
6050 |
090609 |
|
Treasurer of State Administrative Fund |
|
$ |
135,000 |
|
$ |
135,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
5,684,498 |
|
$ |
5,684,498 |
|
|
4250 |
090635 |
|
Tax Refunds |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
|
|
TOTAL Agency Fund Group
| |
$ |
6,000,000 |
|
$ |
6,000,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
41,002,957 |
|
$ |
41,002,957 |
|
|
Section 407.20. OFFICE OF THE SINKING FUND
The foregoing appropriation item 090401, Office of the
Sinking Fund, shall be used for costs incurred by or on behalf of
the Commissioners of the Sinking Fund and the Ohio Public
Facilities Commission with respect to State of Ohio general
obligation bonds or notes, and the Treasurer of State with respect
to State of Ohio general obligation and special obligation bonds
or notes, including, but not limited to, printing, advertising,
delivery, rating fees and the procurement of ratings, professional
publications, membership in professional organizations, and other
services referred to in division (D) of section 151.01 of the
Revised Code. The General Revenue Fund shall be reimbursed for
such costs relating to the issuance and administration of Highway
Capital Improvement bonds or notes authorized under Ohio
Constitution, Article VIII, Section 2m and Chapter 151. of the
Revised Code. That reimbursement shall be made from appropriation
item 155902, Highway Capital Improvement Bond Retirement Fund, by
intrastate transfer voucher pursuant to a certification by the
Office of the Sinking Fund of the actual amounts used. The amounts
necessary to make such a reimbursement are hereby appropriated
from the Highway Capital Improvement Bond Retirement Fund created
in section 151.06 of the Revised Code.
POLICE AND FIRE DEATH BENEFIT FUND
The foregoing appropriation item 090575, Police and Fire
Death Benefits, shall be disbursed quarterly by the Treasurer of
State at the beginning of each quarter of each fiscal year to the
Board of Trustees of the Ohio Police and Fire Pension Fund. The
Treasurer of State shall certify such amounts quarterly to the
Director of Budget and Management. By the twentieth day of June of
each fiscal year, the Board of Trustees of the Ohio Police and
Fire Pension Fund shall certify to the Treasurer of State the
amount disbursed in the current fiscal year to make the payments
required by section 742.63 of the Revised Code and shall return to
the Treasurer of State moneys received from this appropriation
item but not disbursed.
The foregoing appropriation item 090635, Tax Refunds, shall
be used to pay refunds under section 5703.052 of the Revised Code.
If the Director of Budget and Management determines that
additional amounts are necessary for this purpose, such amounts
are hereby appropriated.
Section 409.10. VTO VETERANS' ORGANIZATIONS
VAP AMERICAN EX-PRISONERS OF WAR
GRF |
743501 |
|
State Support |
|
$ |
26,156 |
|
$ |
26,156 |
|
|
VAN ARMY AND NAVY UNION, USA, INC.
GRF |
746501 |
|
State Support |
|
$ |
57,487 |
|
$ |
57,487 |
|
|
VKW KOREAN WAR VETERANS
GRF |
747501 |
|
State Support |
|
$ |
51,678 |
|
$ |
51,678 |
|
|
VJW JEWISH WAR VETERANS
GRF |
748501 |
|
State Support |
|
$ |
31,053 |
|
$ |
31,053 |
|
|
VCW CATHOLIC WAR VETERANS
GRF |
749501 |
|
State Support |
|
$ |
60,600 |
|
$ |
60,600 |
|
|
VPH MILITARY ORDER OF THE PURPLE HEART
GRF |
750501 |
|
State Support |
|
$ |
58,914 |
|
$ |
58,914 |
|
|
VVV VIETNAM VETERANS OF AMERICA
GRF |
751501 |
|
State Support |
|
$ |
194,322 |
|
$ |
194,322 |
|
|
VAL AMERICAN LEGION OF OHIO
GRF |
752501 |
|
State Support |
|
$ |
315,933 |
|
$ |
315,933 |
|
|
VII AMVETS
GRF |
753501 |
|
State Support |
|
$ |
300,875 |
|
$ |
300,875 |
|
|
VAV DISABLED AMERICAN VETERANS
GRF |
754501 |
|
State Support |
|
$ |
226,042 |
|
$ |
226,042 |
|
|
VMC MARINE CORPS LEAGUE
GRF |
756501 |
|
State Support |
|
$ |
121,191 |
|
$ |
121,191 |
|
|
V37 37TH DIVISION VETERANS' ASSOCIATION
GRF |
757501 |
|
State Support |
|
$ |
6,214 |
|
$ |
6,214 |
|
|
VFW VETERANS OF FOREIGN WARS
GRF |
758501 |
|
State Support |
|
$ |
257,713 |
|
$ |
257,713 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
1,708,178 |
|
$ |
1,708,178 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
1,708,178 |
|
$ |
1,708,178 |
|
|
The Director of Budget and Management may release the
foregoing appropriation items 743501, 746501, 747501, 748501,
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501,
and 758501, State Support.
Section 411.10. DVS DEPARTMENT OF VETERANS SERVICES
GRF |
900321 |
|
Veterans' Homes |
|
$ |
27,369,946 |
|
$ |
27,369,946 |
|
|
GRF |
900402 |
|
Hall of Fame |
|
$ |
107,075 |
|
$ |
107,075 |
|
|
GRF |
900408 |
|
Department of Veterans Services |
|
$ |
1,901,823 |
|
$ |
1,901,823 |
|
|
GRF |
900901 |
|
Persian Gulf, Afghanistan, and Iraq Compensation Debt Service |
|
$ |
5,486,600 |
|
$ |
10,112,100 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
34,865,444 |
|
$ |
39,490,944 |
|
|
General Services Fund Group
4840 |
900603 |
|
Veterans' Homes Services |
|
$ |
305,806 |
|
$ |
312,458 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
305,806 |
|
$ |
312,458 |
|
|
Federal Special Revenue Fund Group
3680 |
900614 |
|
Veterans Training |
|
$ |
769,500 |
|
$ |
754,377 |
|
|
3740 |
900606 |
|
Troops to Teachers |
|
$ |
136,786 |
|
$ |
133,461 |
|
|
3BX0 |
900609 |
|
Medicare Services |
|
$ |
2,500,000 |
|
$ |
2,490,169 |
|
|
3L20 |
900601 |
|
Veterans' Homes Operations - Federal |
|
$ |
23,455,379 |
|
$ |
23,476,269 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
26,861,665 |
|
$ |
26,854,276 |
|
|
State Special Revenue Fund Group
4E20 |
900602 |
|
Veterans' Homes Operating |
|
$ |
10,117,680 |
|
$ |
10,319,078 |
|
|
6040 |
900604 |
|
Veterans' Homes Improvement |
|
$ |
347,598 |
|
$ |
398,731 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
10,465,278 |
|
$ |
10,717,809 |
|
|
Persian Gulf, Afghanistan, and Iraq Compensation Fund Group
7041 |
900615 |
|
Veteran Bonus Program - Administration |
|
$ |
1,605,410 |
|
$ |
1,147,703 |
|
|
7041 |
900641 |
|
Persian Gulf, Afghanistan, and Iraq Compensation |
|
$ |
25,425,000 |
|
$ |
24,300,000 |
|
|
TOTAL 041 Persian Gulf,
| |
|
|
|
|
|
|
|
Afghanistan, and Iraq
| |
|
|
|
|
|
|
|
Compensation Fund Group
| |
$ |
27,030,410 |
|
$ |
25,447,703 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
99,528,603 |
|
$ |
102,823,190 |
|
|
PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL
OBLIGATION DEBT SERVICE
The foregoing appropriation item 900901, Persian Gulf,
Afghanistan and Iraq Compensation Debt Service, shall be used to
pay all debt service and related financing costs during the period
from July 1, 2011, through June 30, 2013, on obligations issued
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation
purposes under sections 151.01 and 151.12 of the Revised Code.
Section 413.10. DVM STATE VETERINARY MEDICAL BOARD
General Services Fund Group
4K90 |
888609 |
|
Operating Expenses |
|
$ |
322,375 |
|
$ |
319,857 |
|
|
5BV0 |
888602 |
|
Veterinary Student Loan Program |
|
$ |
30,000 |
|
$ |
30,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
352,375 |
|
$ |
349,857 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
352,375 |
|
$ |
349,857 |
|
|
Section 415.10. DYS DEPARTMENT OF YOUTH SERVICES
GRF |
470401 |
|
RECLAIM Ohio |
|
$ |
168,716,967 |
|
$ |
162,362,228 |
|
|
GRF |
470412 |
|
Lease Rental Payments |
|
$ |
10,221,800 |
|
$ |
27,230,100 |
|
|
GRF |
470510 |
|
Youth Services |
|
$ |
16,702,728 |
|
$ |
16,702,728 |
|
|
GRF |
472321 |
|
Parole Operations |
|
$ |
10,830,019 |
|
$ |
10,583,118 |
|
|
GRF |
477321 |
|
Administrative Operations |
|
$ |
12,222,051 |
|
$ |
11,855,389 |
|
|
TOTAL GRF General Revenue Fund
| |
$ |
218,693,565 |
|
$ |
228,733,563 |
|
|
General Services Fund Group
1750 |
470613 |
|
Education Reimbursement |
|
$ |
8,160,277 |
|
$ |
8,151,056 |
|
|
4790 |
470609 |
|
Employee Food Service |
|
$ |
150,000 |
|
$ |
150,000 |
|
|
4A20 |
470602 |
|
Child Support |
|
$ |
450,000 |
|
$ |
400,000 |
|
|
4G60 |
470605 |
|
General Operational Funds |
|
$ |
125,000 |
|
$ |
125,000 |
|
|
5BN0 |
470629 |
|
E-Rate Program |
|
$ |
535,000 |
|
$ |
535,000 |
|
|
TOTAL GSF General Services
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
9,420,277 |
|
$ |
9,361,056 |
|
|
Federal Special Revenue Fund Group
3210 |
470601 |
|
Education |
|
$ |
1,774,469 |
|
$ |
1,517,840 |
|
|
3210 |
470603 |
|
Juvenile Justice Prevention |
|
$ |
300,000 |
|
$ |
300,000 |
|
|
3210 |
470606 |
|
Nutrition |
|
$ |
1,747,432 |
|
$ |
1,704,022 |
|
|
3210 |
470610 |
|
Rehabilitation Programs |
|
$ |
36,000 |
|
$ |
36,000 |
|
|
3210 |
470614 |
|
Title IV-E Reimbursements |
|
$ |
6,000,000 |
|
$ |
6,000,000 |
|
|
3BY0 |
470635 |
|
Federal Juvenile Programs FFY 07 |
|
$ |
56,471 |
|
$ |
2,000 |
|
|
3BZ0 |
470636 |
|
Federal Juvenile Programs FFY 08 |
|
$ |
82,000 |
|
$ |
1,618 |
|
|
3CP0 |
470638 |
|
Federal Juvenile Programs FFY 09 |
|
$ |
500,000 |
|
$ |
300,730 |
|
|
3CR0 |
470639 |
|
Federal Juvenile Programs FFY 10 |
|
$ |
800,000 |
|
$ |
479,900 |
|
|
3FB0 |
470641 |
|
Federal Juvenile Programs FFY 11 |
|
$ |
135,000 |
|
$ |
600,000 |
|
|
3FC0 |
470642 |
|
Federal Juvenile Programs FFY 12 |
|
$ |
0 |
|
$ |
135,000 |
|
|
3V50 |
470604 |
|
Juvenile Justice/Delinquency Prevention |
|
$ |
2,010,000 |
|
$ |
2,000,000 |
|
|
TOTAL FED Federal Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
13,441,372 |
|
$ |
13,077,110 |
|
|
State Special Revenue Fund Group
1470 |
470612 |
|
Vocational Education |
|
$ |
762,126 |
|
$ |
758,210 |
|
|
TOTAL SSR State Special Revenue
| |
|
|
|
|
|
|
|
Fund Group
| |
$ |
762,126 |
|
$ |
758,210 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
242,317,340 |
|
$ |
251,929,939 |
|
|
OHIO BUILDING AUTHORITY LEASE PAYMENTS
The foregoing appropriation item 470412, Lease Rental
Payments, shall be used to meet all payments at the times they are
required to be made for the period from July 1, 2011, through June
30, 2013, by the Department of Youth Services to the Ohio Building
Authority under the leases and agreements for facilities made
under Chapter 152. of the Revised Code. This appropriation is the
source of funds pledged for bond service charges on related
obligations issued pursuant to Chapter 152. of the Revised Code.
The foregoing appropriation item 470613, Education
Reimbursement, shall be used to fund the operating expenses of
providing educational services to youth supervised by the
Department of Youth Services. Operating expenses include, but are
not limited to, teachers' salaries, maintenance costs, and
educational equipment. This appropriation item may be used for
capital expenses related to the education program.
EMPLOYEE FOOD SERVICE AND EQUIPMENT
Notwithstanding section 125.14 of the Revised Code, the
foregoing appropriation item 470609, Employee Food Service, may be
used to purchase any food operational items with funds received
into the fund from reimbursements for state surplus property.
FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES
In collaboration with the county family and children first
council, the juvenile court of that county that receives
allocations from one or both of the foregoing appropriation items
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer
portions of those allocations to a flexible funding pool as
authorized by the section titled FAMILY AND CHILDREN FIRST
FLEXIBLE FUNDING POOL, of this act.
Section 501.10. All items set forth in this section are
hereby appropriated for fiscal year 2012 out of any moneys in the
state treasury to the credit of the Administrative Building Fund
(Fund 7026) that are not otherwise appropriated.
CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
C87416 |
|
Statehouse Boiler Replacement |
|
$ |
900,000 |
|
|
Total Capitol Square Review and Advisory Board
| |
$ |
900,000 |
|
|
TOTAL Administrative Building Fund
| |
$ |
900,000 |
|
|
Section 503.10. PERSONAL SERVICE EXPENSES
Unless otherwise prohibited by law, any appropriation from
which personal service expenses are paid shall bear the employer's
share of public employees' retirement, workers' compensation,
disabled workers' relief, and insurance programs; and the costs of
centralized financial services, centralized payroll processing,
and related reports and services; centralized human resources
services, including affirmative action and equal employment
opportunity programs; the Office of Collective Bargaining; the
Employee Assistance Program; centralized information technology
management services; administering the enterprise resource
planning system; and administering the state employee merit system
as required by section 124.07 of the Revised Code. These costs
shall be determined in conformity with the appropriate sections of
law and paid in accordance with procedures specified by the Office
of Budget and Management. Expenditures from appropriation item
070601, Public Audit Expense - Intra-State, may be exempted from
the requirements of this section.
Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS
AGAINST THE STATE
Except as otherwise provided in this section, an
appropriation in this act or any other act may be used for the
purpose of satisfying judgments, settlements, or administrative
awards ordered or approved by the Court of Claims or by any other
court of competent jurisdiction in connection with civil actions
against the state. This authorization does not apply to
appropriations to be applied to or used for payment of guarantees
by or on behalf of the state, or for payments under lease
agreements relating to, or debt service on, bonds, notes, or other
obligations of the state. Notwithstanding any other statute to the
contrary, this authorization includes appropriations from funds
into which proceeds of direct obligations of the state are
deposited only to the extent that the judgment, settlement, or
administrative award is for, or represents, capital costs for
which the appropriation may otherwise be used and is consistent
with the purpose for which any related obligations were issued or
entered into. Nothing contained in this section is intended to
subject the state to suit in any forum in which it is not
otherwise subject to suit, and is not intended to waive or
compromise any defense or right available to the state in any suit
against it.
Section 503.30. CAPITAL PROJECT SETTLEMENTS
This section specifies an additional and supplemental
procedure to provide for payments of judgments and settlements if
the Director of Budget and Management determines, pursuant to
division (C)(4) of section 2743.19 of the Revised Code, that
sufficient unencumbered moneys do not exist in the fund to support
a particular appropriation to pay the amount of a final judgment
rendered against the state or a state agency, including the
settlement of a claim approved by a court, in an action upon and
arising out of a contractual obligation for the construction or
improvement of a capital facility if the costs under the contract
were payable in whole or in part from a state capital projects
appropriation. In such a case, the Director may either proceed
pursuant to division (C)(4) of section 2743.19 of the Revised Code
or apply to the Controlling Board to increase an appropriation or
create an appropriation out of any unencumbered moneys in the
state treasury to the credit of the capital projects fund from
which the initial state appropriation was made. The amount of an
increase in appropriation or new appropriation approved by the
Controlling Board is hereby appropriated from the applicable
capital projects fund and made available for the payment of the
judgment or settlement.
If the Director does not make the application authorized by
this section or the Controlling Board disapproves the application,
and the Director does not make application under division (C)(4)
of section 2743.19 of the Revised Code, the Director shall for the
purpose of making that payment make a request to the General
Assembly as provided for in division (C)(5) of that section.
Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS
In order to provide funds for the reissuance of voided
warrants under section 126.37 of the Revised Code, there is hereby
appropriated, out of moneys in the state treasury from the fund
credited as provided in section 126.37 of the Revised Code, that
amount sufficient to pay such warrants when approved by the Office
of Budget and Management.
Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED
BALANCES OF OPERATING APPROPRIATIONS
(A) An unexpended balance of an operating appropriation or
reappropriation that a state agency lawfully encumbered prior to
the close of a fiscal year is hereby reappropriated on the first
day of July of the following fiscal year from the fund from which
it was originally appropriated or reappropriated for the following
period and shall remain available only for the purpose of
discharging the encumbrance:
(1) For an encumbrance for personal services, maintenance,
equipment, or items for resale, other than an encumbrance for an
item of special order manufacture not available on term contract
or in the open market or for reclamation of land or oil and gas
wells, for a period of not more than five months from the end of
the fiscal year;
(2) For an encumbrance for an item of special order
manufacture not available on term contract or in the open market,
for a period of not more than five months from the end of the
fiscal year or, with the written approval of the Director of
Budget and Management, for a period of not more than twelve months
from the end of the fiscal year;
(3) For an encumbrance for reclamation of land or oil and gas
wells, for a period ending when the encumbered appropriation is
expended or for a period of two years, whichever is less;
(4) For an encumbrance for any other expense, for such period
as the Director approves, provided such period does not exceed two
years.
(B) Any operating appropriations for which unexpended
balances are reappropriated beyond a five-month period from the
end of the fiscal year by division (A)(2) of this section shall be
reported to the Controlling Board by the Director of Budget and
Management by the thirty-first day of December of each year. The
report on each such item shall include the item, the cost of the
item, and the name of the vendor. The report shall be updated on a
quarterly basis for encumbrances remaining open.
(C) Upon the expiration of the reappropriation period set out
in division (A) of this section, a reappropriation made by this
section lapses, and the Director of Budget and Management shall
cancel the encumbrance of the unexpended reappropriation not later
than the end of the weekend following the expiration of the
reappropriation period.
(D) Notwithstanding division (C) of this section, with the
approval of the Director of Budget and Management, an unexpended
balance of an encumbrance that was reappropriated on the first day
of July by this section for a period specified in division (A)(3)
or (4) of this section and that remains encumbered at the close of
the fiscal biennium is hereby reappropriated on the first day of
July of the following fiscal biennium from the fund from which it
was originally appropriated or reappropriated for the applicable
period specified in division (A)(3) or (4) of this section and
shall remain available only for the purpose of discharging the
encumbrance.
(E) The Director of Budget and Management may correct
accounting errors committed by the staff of the Office of Budget
and Management, such as re-establishing encumbrances or
appropriations cancelled in error, during the cancellation of
operating encumbrances in November and of nonoperating
encumbrances in December.
(F) If the Controlling Board approved a purchase, that
approval remains in effect so long as the appropriation used to
make that purchase remains encumbered.
Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND
RE-ESTABLISHMENT OF ENCUMBRANCES
Any cash transferred by the Director of Budget and Management
under section 126.15 of the Revised Code is hereby appropriated.
Any amounts necessary to re-establish appropriations or
encumbrances under section 126.15 of the Revised Code are hereby
appropriated.
Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES
There are hereby appropriated out of any moneys in the state
treasury to the credit of the General Revenue Fund, which are not
otherwise appropriated, funds sufficient to make any payment
required by division (B)(2) of section 5747.03 of the Revised
Code.
Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES
APPROVED BY THE CONTROLLING BOARD
Any money that the Controlling Board approves for expenditure
or any increase in appropriation that the Controlling Board
approves under sections 127.14, 131.35, and 131.39 of the Revised
Code or any other provision of law is hereby appropriated for the
period ending June 30, 2013.
Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S
RESIDENCE
If the Governor's Residence Fund (Fund 4H20) receives payment
for use of the residence pursuant to section 107.40 of the Revised
Code, the amounts so received are hereby appropriated to
appropriation item 100604, Governor's Residence Gift.
Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS
Unless the agency and nuclear electric utility mutually agree
to a higher amount by contract, the maximum amounts that may be
assessed against nuclear electric utilities under division (B)(2)
of section 4937.05 of the Revised Code and deposited into the
specified funds are as follows:
Fund |
|
User |
|
FY 2012 |
|
FY 2013 |
|
|
Utility Radiological Safety Fund (Fund 4E40) |
|
Department of Agriculture |
$ |
131,785 |
$ |
131,785 |
|
|
Radiation Emergency Response Fund (Fund 6100) |
|
Department of Health |
$ |
930,525 |
$ |
930,576 |
|
|
ER Radiological Safety Fund (Fund 6440) |
|
Environmental Protection Agency |
$ |
279,838 |
$ |
279,966 |
|
|
Emergency Response Plan Fund (Fund 6570) |
|
Department of Public Safety |
$ |
1,415,945 |
$ |
1,415,945 |
|
|
Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF
INTEREST EARNED
Notwithstanding any provision of law to the contrary, the
Director of Budget and Management, through June 30, 2013, may
transfer interest earned by any state fund to the General Revenue
Fund. This section does not apply to funds whose source of revenue
is restricted or protected by the Ohio Constitution, federal tax
law, or the "Cash Management Improvement Act of 1990," 104 Stat.
1058 (1990), 31 U.S.C. 6501 et seq., as amended.
Section 512.30. CASH TRANSFERS TO THE GENERAL REVENUE FUND
FROM NON-GRF FUNDS
Notwithstanding any provision of law to the contrary, during
fiscal years 2012 and 2013, the Director of Budget and Management
may transfer up to $60,000,000 in cash from non-General Revenue
Funds that are not constitutionally restricted to the General
Revenue Fund in order to ensure that available General Revenue
Fund receipts and balances are sufficient to support General
Revenue Fund appropriations in each fiscal year.
Section 512.40. FISCAL YEAR 2011 GENERAL REVENUE FUND ENDING
BALANCE
Notwithstanding divisions (B) and (C) of section 131.44 of
the Revised Code, the Director of Budget and Management shall
determine the surplus General Revenue Fund revenue that existed on
June 30, 2011, in excess of the amount required under division
(A)(3) of section 131.44 of the Revised Code, and transfer from
the General Revenue Fund, to the extent of the amount so
determined, the following:
(A) First, to the Disaster Services Fund (Fund 5E20), a cash
amount equal to half the surplus General Revenue Fund revenue, up
to $25,000,000;
(B) Then, to the Teacher Incentive Program Fund (Fund 5KG0),
a cash amount equal to half the surplus General Revenue Fund
revenue, up to $25,000,000.
Section 512.60. NATURAL RESOURCES PUBLICATIONS
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management, at the request of the Director
of Natural Resources, shall transfer the remaining cash balance in
the Natural Resources Publications and Promotional Materials Fund
(Fund 5080) to the Departmental Projects Fund (Fund 1550) and the
Geological Mapping Fund (Fund 5110) in such amounts as determined
by the Director of Budget and Management after consultation with
the Director of Natural Resources. The Director of Budget and
Management shall cancel all existing encumbrances against
appropriation item 725684, Natural Resources Publications, and
reestablish them against appropriation item 725601, Departmental
Projects, and appropriation item 725646, Ohio Geological Mapping.
Upon completion of the transfer, the Natural Resources
Publications and Promotional Materials Fund is hereby abolished.
Beginning July 1, 2011, all moneys from the sale of books,
bulletins, maps, or other publications and promotional materials
shall be credited to the Departmental Projects Fund (Fund 1550) or
the Geological Mapping Fund (Fund 5110) as determined by the
Director of Natural Resources.
Section 512.70. On July 1, 2011, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
the cash balance in the Penalty Enforcement Fund (Fund 5K70) to
the Labor Operating Fund (Fund 5560). The Director shall cancel
any existing encumbrances against appropriation item 800621,
Penalty Enforcement, and re-establish them against appropriation
item 800615, Industrial Compliance. The re-established encumbrance
amounts are hereby appropriated. Upon completion of the transfer,
Fund 5K70 is abolished.
Section 512.80. ABOLISHMENT OF PASSPORT FUND
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the cash balance
in the PASSPORT Fund (Fund 4U90) to the Nursing Home Franchise
Permit Fee Fund (Fund 5R20). Upon completion of the transfer, Fund
4U90 is abolished. The Director shall cancel any existing
encumbrances against appropriation item 490602, PASSPORT Fund, and
reestablish them against appropriation item 600613, Nursing
Facility Bed Assessments. The reestablished encumbrance amounts
are hereby appropriated.
Section 512.90. DIESEL EMISSIONS REDUCTION GRANT PROGRAM
There is established in the Highway Operating Fund (Fund
7002) in the Department of Transportation a Diesel Emissions
Reduction Grant Program. The Director of Development shall
administer the program and shall solicit, evaluate, score, and
select projects submitted by public and private entities that are
eligible for the federal Congestion Mitigation and Air Quality
(CMAQ) Program. The Director of Transportation shall process
Federal Highway Administration-approved projects as recommended by
the Director of Development.
In addition to the allowable expenditures set forth in
section 122.861 of the Revised Code, Diesel Emissions Reduction
Grant Program funds also may be used to fund projects involving
the purchase or use of hybrid and alternative fuel vehicles that
are allowed under guidance developed by the Federal Highway
Administration for the CMAQ Program.
Public entities eligible to receive funds under section
122.861 of the Revised Code and CMAQ shall be reimbursed from the
Department of Transportation's Diesel Emissions Reduction Grant
Program.
Private entities eligible to receive funds under section
122.861 of the Revised Code and CMAQ shall be reimbursed through
transfers of cash from the Department of Transportation's Diesel
Emissions Reduction Grant Program to the Diesel Emissions
Reduction Grant Fund (Fund 3BD0) used by the Department of
Development.
Appropriation item 195697, Diesel Emissions Reduction Grants,
is established with an appropriation of $10,000,000 in FY 2012 and
$10,000,000 in FY 2013. Total expenditures between both the
Departments of Development and Transportation shall not exceed the
amounts appropriated in this section.
On or before June 30, 2012, any unencumbered balance of the
foregoing appropriation item 195697, Diesel Emissions Reduction
Grants, for fiscal year 2012 is appropriated for the same purposes
in fiscal year 2013.
Any cash transfers or allocations under this section
represent CMAQ program moneys within the Department of
Transportation for use by the Diesel Emissions Reduction Grant
Program by the Department of Development. These allocations shall
not reduce the amount of such moneys designated for metropolitan
planning organizations.
The Director of Development, in consultation with the
Directors of Environmental Protection and Transportation, shall
develop guidance for the distribution of funds and for the
administration of the Diesel Emissions Reduction Grant Program.
The guidance shall include a method of prioritization for
projects, acceptable technologies, and procedures for awarding
grants.
Section 515.20. (A) On the effective date of the amendment of
the statutes creating the Division of Oil and Gas Resources
Management in the Department of Natural Resources by this act, the
functions, assets, and liabilities of the Division of Mineral
Resources Management in the Department of Natural Resources with
respect to oil and gas are transferred to the Division of Oil and
Gas Resources Management. The Division of Oil and Gas Resources
Management is successor to, assumes the obligations and authority
of, and otherwise continues the Division of Mineral Resources
Management with respect to oil and gas. No right, privilege, or
remedy, and no duty, liability, or obligation, accrued under the
Division of Mineral Resources Management with respect to oil and
gas is impaired or lost by reason of the transfer and shall be
recognized, administered, performed, or enforced by the Division
of Oil and Gas Resources Management.
(B) Business commenced but not completed by the Division of
Mineral Resources Management or by the Chief of the Division of
Mineral Resources Management with respect to oil and gas shall be
completed by the Division of Oil and Gas Resources Management or
the Chief of the Division of Oil and Gas Resources Management in
the same manner, and with the same effect, as if completed by the
Division of Mineral Resources Management or by the Chief of the
Division of Mineral Resources Management.
(C) All of the Division of Mineral Resources Management's
rules, orders, and determinations with respect to oil and gas
continue in effect as rules, orders, and determinations of the
Division of Oil and Gas Resources Management until modified or
rescinded by the Division of Oil and Gas Resources Management. If
necessary to ensure the integrity of the numbering of the
Administrative Code, the Director of the Legislative Service
Commission shall renumber the Division of Mineral Resources
Management's rules with respect to oil and gas to reflect their
transfer to the Division of Oil and Gas Resources Management.
(D) The Director of Budget and Management shall determine the
amount of unexpended balances in the appropriation accounts that
pertain to the Division of Mineral Resources Management with
respect to oil and gas and shall recommend to the Controlling
Board their transfer to the appropriation accounts that pertain to
the Division of Oil and Gas Resources Management. The Chief of the
Division of Mineral Resources Management shall provide full and
timely information to the Controlling Board to facilitate the
transfer.
(E) Whenever the Division of Mineral Resources Management or
the Chief of the Division of Mineral Resources Management is
referred to in a statute, contract, or other instrument with
respect to oil and gas, the reference is deemed to refer to the
Division of Oil and Gas Resources Management or to the Chief of
the Division of Oil and Gas Resources Management, whichever is
appropriate in context.
(F) No pending action or proceeding being prosecuted or
defended in court or before an agency with respect to oil and gas
by the Division of Mineral Resources Management or the Chief of
the Division of Mineral Resources Management is affected by the
transfer and shall be prosecuted or defended in the name of the
Division of Oil and Gas Resources Management or the Chief of the
Division of Oil and Gas Resources Management, whichever is
appropriate. Upon application to the court or agency, the Division
of Oil and Gas Resources Management or the Chief of the Division
of Oil and Gas Resources Management shall be substituted as a
party.
Section 515.30. (A) On the effective date of the amendment of
the statutes governing the Ohio Coal Development Office by this
act, the Ohio Coal Development Office and all of its functions,
together with its assets and liabilities, are transferred from
within the Ohio Air Quality Development Authority to within the
Department of Development. The Ohio Coal Development Office in the
Department of Development assumes the obligations of and otherwise
constitutes the continuation of the Ohio Coal Development Office
in the Ohio Air Quality Development Authority.
(B) Any business commenced but not completed by the Ohio Coal
Development Office in the Ohio Air Quality Development Authority
or the Director of that office on the effective date of the
amendment of the statutes governing that Office by this act shall
be completed by the Ohio Coal Development Office in the Department
of Development or the Director of that Office in the same manner,
and with the same effect, as if completed by the Ohio Coal
Development Office in the Ohio Air Quality Development Authority
or the Director of that Office. Any validation, cure, right,
privilege, remedy, obligation, or liability is not lost or
impaired by reason of the transfer required by this section and
shall be administered by the Ohio Coal Development Office in the
Department of Development.
(C) All of the rules, orders, and determinations of the Ohio
Coal Development Office in the Ohio Air Quality Development
Authority or of the Ohio Air Quality Development Authority in
relation to that Office continue in effect as rules, orders, and
determinations of the Ohio Coal Development Office in the
Department of Development until modified or rescinded by that
Office or by the Department of Development in relation to that
Office. If necessary to ensure the integrity of the numbering of
the Administrative Code, the Director of the Legislative Service
Commission shall renumber rules of the Ohio Air Quality
Development Authority in relation to the Ohio Coal Development
Office in the Ohio Air Quality Development Authority to reflect
the transfer to the Department of Development.
(D) Subject to the lay-off provisions of sections 124.321 to
124.328 of the Revised Code, all of the employees of the Ohio Coal
Development Office in the Ohio Air Quality Development Authority
are transferred to the Ohio Coal Development Office in the
Department of Development and retain their positions and all the
benefits accruing thereto.
(E) Whenever the Ohio Coal Development Office in the Ohio Air
Quality Development Office or the Authority in relation to that
Office is referred to in any law, contract, or other document, the
reference shall be deemed to refer to the Ohio Coal Development
Office in the Department of Development or the Director of
Development in relation to that Office, whichever is appropriate
in context.
(F) Any action or proceeding pending on the effective date of
the amendment of the statutes governing the Ohio Coal Development
Office by this act is not affected by the transfer of that Office
and shall be prosecuted or defended in the name of the Department
of Development or the Ohio Coal Development Office in that
Department. In all such actions and proceedings, the Department of
Development or the Ohio Coal Development Office in that
Department, upon application to the court, shall be substituted as
a party.
Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS
Certain appropriations are in this act for the purpose of
paying debt service and financing costs on general obligation
bonds or notes of the state issued pursuant to the Ohio
Constitution and acts of the General Assembly. If it is determined
that additional appropriations are necessary for this purpose,
such amounts are hereby appropriated.
Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF
STATE
Certain appropriations are in this act for the purpose of
making lease rental payments pursuant to leases and agreements
relating to bonds or notes issued by the Ohio Building Authority
or the Treasurer of State, or previously by the Ohio Public
Facilities Commission, pursuant to the Ohio Constitution and acts
of the General Assembly. If it is determined that additional
appropriations are necessary for this purpose, such amounts are
hereby appropriated.
Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS
The Office of Budget and Management shall process payments
from general obligation and lease rental payment appropriation
items during the period from July 1, 2011, through June 30, 2013,
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m,
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and
Chapters 151. and 154. of the Revised Code. Payments shall be made
upon certification by the Treasurer of State of the dates and the
amounts due on those dates.
Section 518.40. AUTHORIZATION FOR OHIO BUILDING AUTHORITY
AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS
The Office of Budget and Management shall process payments
from lease rental payment appropriation items during the period
from July 1, 2011, through June 30, 2013, pursuant to the lease
agreements entered into relating to bonds or notes issued under
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of
the Revised Code. Payments shall be made upon certification by the
Ohio Building Authority of the dates and the amounts due on those
dates.
Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION
There is hereby appropriated, from those funds designated by
or pursuant to the applicable proceedings authorizing the issuance
of state obligations, amounts computed at the time to represent
the portion of investment income to be rebated or amounts in lieu
of or in addition to any rebate amount to be paid to the federal
government in order to maintain the exclusion from gross income
for federal income tax purposes of interest on those state
obligations under section 148(f) of the Internal Revenue Code.
Rebate payments shall be approved and vouchered by the Office
of Budget and Management.
Section 521.20. STATEWIDE INDIRECT COST RECOVERY
Whenever the Director of Budget and Management determines
that an appropriation made to a state agency from a fund of the
state is insufficient to provide for the recovery of statewide
indirect costs under section 126.12 of the Revised Code, the
amount required for such purpose is hereby appropriated from the
available receipts of such fund.
Section 521.30. TRANSFERS ON BEHALF OF THE STATEWIDE
INDIRECT COST ALLOCATION PLAN
The total transfers made from the General Revenue Fund by the
Director of Budget and Management under this section shall not
exceed the amounts transferred into the General Revenue Fund under
section 126.12 of the Revised Code.
The director of an agency may certify to the Director of
Budget and Management the amount of expenses not allowed to be
included in the Statewide Indirect Cost Allocation Plan under
federal regulations, from any fund included in the Statewide
Indirect Cost Allocation Plan, prepared as required by section
126.12 of the Revised Code.
Upon determining that no alternative source of funding is
available to pay for such expenses, the Director of Budget and
Management may transfer from the General Revenue Fund into the
fund for which the certification is made, up to the amount of the
certification. The director of the agency receiving such funds
shall include, as part of the next budget submission prepared
under section 126.02 of the Revised Code, a request for funding
for such activities from an alternative source such that further
federal disallowances would not be required.
The director of an agency may certify to the Director of
Budget and Management the amount of expenses paid in error from a
fund included in the Statewide Indirect Cost Allocation Plan. The
Director of Budget and Management may transfer cash from the fund
from which the expenditure should have been made into the fund
from which the expenses were erroneously paid, up to the amount of
the certification.
Section 521.30.10. OGRIP FUNDS TRANSFER TO THE GENERAL
REVENUE FUND
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management may transfer cash in the amount
of $15,072.03 from the Federal Grants OGRIP Fund (Fund 3H60) to
the General Revenue Fund. This amount represents residual funds
from old federal grants for the state's OGRIP program that have
been closed by the federal awarding agency.
Section 521.30.20. TRANSFER OF FEDERAL FUNDS
On July 1, 2011, or as soon as possible thereafter, the
Director of Environmental Protection shall certify to the Director
of Budget and Management the cash balance in the DOE Monitoring
and Oversight Fund (Fund 3N40). The Director of Budget and
Management shall transfer the certified amount from Fund 3N40 to
the Federally Supported Response Fund (Fund 3F30). Upon completion
of the transfer, Fund 3N40 is abolished. The Director shall cancel
any existing encumbrances against appropriation item 715657, DOE
Monitoring and Oversight, and re-establish them against
appropriation item 715632, Federally Supported Response. The
re-established encumbrance amounts are hereby appropriated.
On July 1, 2011, or as soon as possible thereafter, the
Director of Environmental Protection shall certify to the Director
of Budget and Management the cash balance in the DOD Monitoring
and Oversight Fund (Fund 3K40). The Director of Budget and
Management shall transfer the certified amount from Fund 3K40 to
the Federally Supported Response Fund (Fund 3F30). Upon completion
of the transfer, Fund 3K40 is abolished. The Director shall cancel
any existing encumbrances against appropriation item 715634, DOD
Monitoring and Oversight, and re-establish them against
appropriation item 715632, Federally Supported Response. The
re-established encumbrance amounts are hereby appropriated.
Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS
Notwithstanding any provision of law to the contrary, on or
before the first day of September of each fiscal year, the
Director of Budget and Management, in order to reduce the payment
of adjustments to the federal government, as determined by the
plan prepared under division (A) of section 126.12 of the Revised
Code, may designate such funds as the Director considers necessary
to retain their own interest earnings.
Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT
Pursuant to the plan for compliance with the Federal Cash
Management Improvement Act required by section 131.36 of the
Revised Code, the Director of Budget and Management may cancel and
re-establish all or part of encumbrances in like amounts within
the funds identified by the plan. The amounts necessary to
re-establish all or part of encumbrances are hereby appropriated.
Section 521.60. FISCAL STABILIZATION AND RECOVERY
To ensure the level of accountability and transparency
required by federal law, the Director of Budget and Management may
issue guidelines to any agency applying for federal money made
available to this state for fiscal stabilization and recovery
purposes, and may prescribe the process by which agencies are to
comply with any reporting requirements established by the federal
government.
Section 521.70. OVERSIGHT OF FEDERAL STIMULUS FUNDS
(A) The Office of Internal Auditing within the Office of
Budget and Management shall, in connection with its duties under
sections 126.45 to 126.48 of the Revised Code, monitor and measure
the effectiveness of funds allocated to the state as part of the
federal American Recovery and Reinvestment Act of 2009. As such,
the Office of Internal Auditing shall review how funds allocated
to each state agency are spent. For purposes of this section,
"state agency" has the same meaning as in division (A) of section
126.45 of the Revised Code.
In addition to the reports required under section 126.47 of
the Revised Code, the Office of Internal Auditing shall submit a
report of its findings to the President of the Senate, Minority
Leader of the Senate, Speaker of the House of Representatives,
Minority Leader of the House of Representatives, and the Chairs of
the committees in the Senate and House of Representatives handling
finance and appropriations. The report shall be submitted every
six months at the following intervals:
(1) For the six-month period ending December 31, 2011, not
later than February 1, 2012;
(2) For the six-month period ending June 30, 2012, not later
than August 1, 2012;
(3) For the six-month period ending December 31, 2012, not
later than February 1, 2013;
(4) For the six-month period ending June 30, 2013, not later
than August 1, 2013.
(B) When, as part of its compliance with the federal American
Recovery and Reinvestment Act of 2009 requirements to monitor and
measure the effectiveness of funds for which the state of Ohio is
the prime recipient, and for which reporting authority has not
been delegated to a sub-recipient, the Office of Budget and
Management submits quarterly reports to the federal government,
the Office of Budget and Management shall also submit those
reports to the President of the Senate, Minority Leader of the
Senate, Speaker of the House of Representatives, Minority Leader
of the House of Representatives, and Chairs and ranking members of
the committees in the Senate and House of Representatives handling
finance and appropriations. The Office of Budget and Management
shall continue to submit quarterly reports to the legislature for
the duration of the period in which the state of Ohio is required
to make reports to the federal government concerning Ohio's use of
the federal American Recovery and Reinvestment Act of 2009 funds.
Section 521.80. FEDERAL FUNDS FOR HISTORIC PRESERVATION LOAN
GUARANTEE
(A) As used in this section:
(1) "Approved historic rehabilitation project" means a
rehabilitation of a historic building that the Director of
Development has approved for a rehabilitation tax credit under
section 149.311 of the Revised Code.
(2) "Federal funds" means federal money available to states
under the American Recovery and Reinvestment Act of 2009 or any
other source of federal money available to the states, that may
lawfully be used for the purposes of this section.
(3) "Owner" and "qualified rehabilitation expenditures" have
the same meanings as in section 149.311 of the Revised Code.
(B) There is hereby created in the state treasury the Ohio
Historic Preservation Tax Credit Fund. The fund shall consist of
money obtained by the Director of Development under division (C)
of this section. Money in the fund shall be used to secure and pay
guarantees of loans for approved historic rehabilitation projects
as provided in this section.
(C) The Director of Development may undertake to secure
$75,000,000 of federal funds for crediting to the Ohio Historic
Preservation Tax Credit Fund. If the Director secures such funds,
the Director, for the purpose of creating new jobs or preserving
existing jobs and employment opportunities and improving the
economic welfare of the people of this state, shall enter into
loan guarantee contracts under section 166.06 of the Revised Code
in connection with approved historic rehabilitation projects,
except that the guarantees shall be secured solely by and be
payable solely from the Ohio Historic Preservation Tax Credit
Fund. Money deposited into the Ohio Historic Preservation Tax
Credit Fund shall be prioritized by providing loan guarantees for
approved historic rehabilitation projects from the first funding
round of the Ohio Historic Preservation Tax Credit Program before
being used to provide loan guarantees for approved historic
rehabilitation projects approved in subsequent funding rounds. The
amount of a loan guarantee provided under this section shall not
exceed the amount of the credit to be awarded for the approved
historic rehabilitation project. References to the loan guarantee
fund in divisions (C) and (F) of section 166.06 of the Revised
Code shall be construed as references to the Ohio Historic
Preservation Tax Credit Fund for the purposes of loan guarantees
authorized by this section, except that no transfer shall be made
to the Ohio Historic Preservation Tax Credit Fund from the
facilities establishment fund as may otherwise be required by that
section.
(D) Nothing in this section is a determination by the General
Assembly that federal funds are currently available for the
purposes of this section. Rather, this section evidences a
determination by the General Assembly that public purposes will be
advanced by the use of current or future federal funds for the
purposes of this section.
Section 610.10. That Section 205.10 of Am. Sub. H.B. 114 of
the 129th General Assembly be amended to read as follows:
Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY
State Highway Safety Fund Group
4W40 |
762321 |
|
Operating Expense - BMV |
|
$ |
80,003,146 |
|
$ |
82,403,240 |
|
|
4W40 |
762410 |
|
Registrations Supplement |
|
$ |
28,945,176 |
|
$ |
29,813,532 |
|
|
5V10 |
762682 |
|
License Plate Contributions |
|
$ |
2,100,000 |
|
$ |
2,100,000 |
|
|
7036 |
761321 |
|
Operating Expense - Information and Education |
|
$ |
7,124,366 |
|
$ |
7,338,097 |
|
|
7036 |
761401 |
|
Lease Rental Payments |
|
$ |
9,978,300 |
|
$ |
2,315,700 |
|
|
7036 |
764033 |
|
Minor Capital Projects |
|
$ |
1,250,000 |
|
$ |
1,250,000 |
|
|
7036 |
764321 |
|
Operating Expense - Highway Patrol |
|
$ |
260,744,934 |
|
$ |
258,365,903 |
|
|
7036 |
764605 |
|
Motor Carrier Enforcement Expenses |
|
$ |
2,860,000 |
|
$ |
2,860,000 |
|
|
8300 |
761603 |
|
Salvage and Exchange - Administration |
|
$ |
19,469 |
|
$ |
20,053 |
|
|
8310 |
761610 |
|
Information and Education - Federal |
|
$ |
422,084 |
|
$ |
434,746 |
|
|
8310 |
764610 |
|
Patrol - Federal |
|
$ |
2,209,936 |
|
$ |
2,276,234 |
|
|
8310 |
764659 |
|
Transportation Enforcement - Federal |
|
$ |
5,519,333 |
|
$ |
5,684,913 |
|
|
8310 |
765610 |
|
EMS - Federal |
|
$ |
532,007 |
|
$ |
532,007 |
|
|
8310 |
769610 |
|
Food Stamp Trafficking Enforcement - Federal |
|
$ |
1,546,319 |
|
$ |
1,546,319 |
|
|
8310 |
769631 |
|
Homeland Security - Federal |
|
$ |
2,184,000 |
|
$ |
2,184,000 |
|
|
8320 |
761612 |
|
Traffic Safety - Federal |
|
$ |
16,577,565 |
|
$ |
16,577,565 |
|
|
8350 |
762616 |
|
Financial Responsibility Compliance |
|
$ |
5,457,240 |
|
$ |
5,549,068 |
|
|
8370 |
764602 |
|
Turnpike Policing |
|
$ |
11,553,959 |
|
$ |
11,553,959 |
|
|
8380 |
764606 |
|
Patrol Reimbursement |
|
$ |
50,000 |
|
$ |
50,000 |
|
|
83C0 |
764630 |
|
Contraband, Forfeiture, Other |
|
$ |
622,894 |
|
$ |
622,894 |
|
|
83F0 |
764657 |
|
Law Enforcement Automated Data System |
|
$ |
9,053,266 |
|
$ |
9,053,266 |
|
|
83G0 |
764633 |
|
OMVI Enforcement/Education |
|
$ |
623,230 |
|
$ |
641,927 |
|
|
83J0 |
764693 |
|
Highway Patrol Justice Contraband |
|
$ |
2,100,000 |
|
$ |
2,100,000 |
|
|
83M0 |
765624 |
|
Operating Expense - Trauma and EMS |
|
$ |
2,632,106 |
|
$ |
2,711,069 |
|
|
83N0 |
761611 |
|
Elementary School Seat Belt Program |
|
$ |
305,600 |
|
$ |
305,600 |
|
|
83P0 |
765637 |
|
EMS Grants |
|
$ |
4,106,621 |
|
$ |
4,229,819 |
|
|
83R0 |
762639 |
|
Local Immobilization Reimbursement |
|
$ |
450,000 |
|
$ |
450,000 |
|
|
83T0 |
764694 |
|
Highway Patrol Treasury Contraband |
|
$ |
21,000 |
|
$ |
21,000 |
|
|
8400 |
764607 |
|
State Fair Security |
|
$ |
1,256,655 |
|
$ |
1,294,354 |
|
|
8400 |
764617 |
|
Security and Investigations |
|
$ |
6,432,686 |
|
$ |
6,432,686 |
|
|
8400 |
764626 |
|
State Fairgrounds Police Force |
|
$ |
849,883 |
|
$ |
849,883 |
|
|
8400 |
769632 |
|
Homeland Security - Operating |
|
$ |
737,791 |
|
$ |
737,791 |
|
|
8410 |
764603 |
|
Salvage and Exchange - Highway Patrol |
|
$ |
1,339,399 |
|
$ |
1,339,399 |
|
|
8460 |
761625 |
|
Motorcycle Safety Education |
|
$ |
3,185,013 |
|
$ |
3,280,563 |
|
|
8490 |
762627 |
|
Automated Title Processing Board |
|
$ |
17,316,755 |
|
$ |
14,335,513 |
|
|
TOTAL HSF State Highway Safety Fund Group
| |
$ |
490,110,733 |
|
$ |
481,261,100 |
|
|
General Services Fund Group
4P60 |
768601 |
|
Justice Program Services |
|
$ |
998,104 |
|
$ |
1,028,047 |
|
|
4S30 |
766661 |
|
Hilltop Utility Reimbursement |
|
$ |
540,800 |
|
$ |
540,800 |
|
|
5ET0 |
768625 |
|
Drug Law Enforcement |
|
$ |
3,780,000 |
|
$ |
3,893,400 |
|
|
5Y10 |
764695 |
|
Highway Patrol Continuing Professional Training |
|
$ |
170,000 |
|
$ |
170,000 |
|
|
5Y10 |
767696 |
|
Investigative Unit Continuing Professional Training |
|
$ |
15,000 |
|
$ |
15,000 |
|
|
TOTAL GSF General Services Fund Group
| |
$ |
5,503,904 |
|
$ |
5,647,247 |
|
|
Federal Special Revenue Fund Group
3290 |
763645 |
|
Federal Mitigation Program |
|
$ |
10,110,332 |
|
$ |
10,413,642 |
|
|
3370 |
763609 |
|
Federal Disaster Relief |
|
$ |
27,707,636 |
|
$ |
27,707,636 |
|
|
3390 |
763647 |
|
Emergency Management Assistance and Training |
|
$ |
75,664,821 |
|
$ |
77,934,765 |
|
|
3CB0 |
768691 |
|
Federal Justice Grants - FFY06 |
|
$ |
200,000 |
|
$ |
50,000 |
|
|
3CC0 |
768609 |
|
Justice Assistance Grants - FFY07 |
|
$ |
583,222 |
|
$ |
310,000 |
|
|
3CD0 |
768610 |
|
Justice Assistance Grants – FFY08 |
|
$ |
310,000 |
|
$ |
150,000 |
|
|
3CE0 |
768611 |
|
Justice Assistance Grants – FFY09 |
|
$ |
865,000 |
|
$ |
1,200,000 |
|
|
3CV0 |
768697 |
|
Justice Assistance Grants Supplement – FFY08 |
|
$ |
2,000 |
|
$ |
0 |
|
|
3DE0 |
768612 |
|
Federal Stimulus - Justice Assistance Grants |
|
$ |
1,015,000 |
|
$ |
1,015,000 |
|
|
3DH0 |
768613 |
|
Federal Stimulus - Justice Programs |
|
$ |
150,000 |
|
$ |
150,000 |
|
|
3DU0 |
762628 |
|
BMV Grants |
|
$ |
1,525,000 |
|
$ |
1,580,000 |
|
|
3EU0 |
768614 |
|
Justice Assistance Grants – FFY10 |
|
$ |
650,000 |
|
$ |
920,000 |
|
|
3L50 |
768604 |
|
Justice Program |
|
$ |
11,400,000 |
|
$ |
11,400,000 |
|
|
3N50 |
763644 |
|
U.S. Department of Energy Agreement |
|
$ |
31,672 |
|
$ |
31,672 |
|
|
TOTAL FED Federal Special Revenue Fund Group
| |
$ |
130,214,683 |
|
$ |
132,862,715 |
|
|
State Special Revenue Fund Group
4V30 |
763662 |
|
EMA Service and Reimbursement |
|
$ |
4,368,369 |
|
$ |
4,499,420 |
|
|
5390 |
762614 |
|
Motor Vehicle Dealers Board |
|
$ |
180,000 |
|
$ |
185,400 |
|
|
5B90 |
766632 |
|
Private Investigator and Security Guard Provider |
|
$ |
1,562,637 |
|
$ |
1,562,637 |
|
|
5BK0 |
768687 |
|
Criminal Justice Services - Operating |
|
$ |
400,000 |
|
$ |
400,000 |
|
|
5BK0 |
768689 |
|
Family Violence Shelter Programs |
|
$ |
750,000 |
|
$ |
750,000 |
|
|
5CM0 |
767691 |
|
Federal Investigative Seizure |
|
$ |
300,000 |
|
$ |
300,000 |
|
|
5DS0 |
769630 |
|
Homeland Security |
|
$ |
1,414,384 |
|
$ |
1,414,384 |
|
|
5FF0 |
762621 |
|
Indigent Interlock and Alcohol Monitoring |
|
$ |
2,000,000 |
|
$ |
2,000,000 |
|
|
5FL0 |
769634 |
|
Investigations |
|
$ |
899,300 |
|
$ |
899,300 |
|
|
6220 |
767615 |
|
Investigative Contraband and Forfeiture |
|
$ |
375,000 |
|
$ |
375,000 |
|
|
6570 |
763652 |
|
Utility Radiological Safety |
|
$ |
1,415,945 |
|
$ |
1,415,945 |
|
|
6810 |
763653 |
|
SARA Title III HAZMAT Planning |
|
$ |
262,438 |
|
$ |
262,438 |
|
|
8500 |
767628 |
|
Investigative Unit Salvage |
|
$ |
90,000 |
|
$ |
92,700 |
|
|
TOTAL SSR State Special Revenue Fund Group
| |
$ |
14,018,073 |
|
$ |
14,157,224 |
|
|
Liquor Control Fund Group
7043 |
767321 |
|
Liquor Enforcement - Operating |
|
$ |
11,897,178 10,450,000 |
|
$ |
11,897,178 10,600,000 |
|
|
TOTAL LCF Liquor Control Fund Group
| |
$ |
11,897,178 10,450,000 |
|
$ |
11,897,178 10,600,000 |
|
|
5J90 |
761678 |
|
Federal Salvage/GSA |
|
$ |
1,500,000 |
|
$ |
1,500,000 |
|
|
TOTAL AGY Agency Fund Group
| |
$ |
1,500,000 |
|
$ |
1,500,000 |
|
|
Holding Account Redistribution Fund Group
R024 |
762619 |
|
Unidentified Motor Vehicle Receipts |
|
$ |
1,885,000 |
|
$ |
1,885,000 |
|
|
R052 |
762623 |
|
Security Deposits |
|
$ |
350,000 |
|
$ |
350,000 |
|
|
TOTAL 090 Holding Account Redistribution Fund Group
| |
$ |
2,235,000 |
|
$ |
2,235,000 |
|
|
TOTAL ALL BUDGET FUND GROUPS
| |
$ |
655,479,571 654,032,393 |
|
$ |
649,560,464 648,263,286 |
|
|
MOTOR VEHICLE REGISTRATION
The Registrar of Motor Vehicles may deposit revenues to meet
the cash needs of the State Bureau of Motor Vehicles Fund (Fund
4W40) established in section 4501.25 of the Revised Code, obtained
under sections 4503.02 and 4504.02 of the Revised Code, less all
other available cash. Revenue deposited pursuant to this paragraph
shall support, in part, appropriations for operating expenses and
defray the cost of manufacturing and distributing license plates
and license plate stickers and enforcing the law relative to the
operation and registration of motor vehicles. Notwithstanding
section 4501.03 of the Revised Code, the revenues shall be paid
into Fund 4W40 before any revenues obtained pursuant to sections
4503.02 and 4504.02 of the Revised Code are paid into any other
fund. The deposit of revenues to meet the aforementioned cash
needs shall be in approximately equal amounts on a monthly basis
or as otherwise determined by the Director of Budget and
Management pursuant to a plan submitted by the Registrar of Motor
Vehicles.
The Registrar of Motor Vehicles may transfer cash from the
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State
Highway Safety Fund (Fund 7036) to meet its obligations for
capital projects CIR-047, Department of Public Safety Office
Building and CIR-049, Warehouse Facility.
OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS
The foregoing appropriation item 761401, Lease Rental
Payments, shall be used for payments to the Ohio Building
Authority for the period July 1, 2011, to June 30, 2013, under the
primary leases and agreements for public safety related buildings
financed by obligations issued under Chapter 152. of the Revised
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio
Building Authority may, with approval of the Director of Budget
and Management, lease capital facilities to the Department of
Public Safety.
The Director of Public Safety shall determine, per an
agreement with the Director of Transportation, the share of each
debt service payment made out of appropriation item 761401, Lease
Rental Payments, that relates to the Department of
Transportation's portion of the Hilltop Building Project, and
shall certify to the Director of Budget and Management the amounts
of this share. The Director of Budget and Management shall
transfer the amounts of such shares from the Highway Operating
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036).
CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND
On July 1, 2011, or as soon as possible thereafter, the
Director of Budget and Management shall transfer the unexpended
and unencumbered cash balance in the Seat Belt Education Fund
(Fund 8440) to the Trauma and Emergency Medical Services Fund
(Fund 83M0). Upon completion of the transfer, Fund 8440 is
abolished. The Director shall cancel any existing encumbrances
against appropriation item 761613, Seat Belt Education Program,
and reestablish them against appropriation item 765624, Operating
Expense - Trauma and EMS. The reestablished encumbrance amounts
are hereby appropriated.
CASH TRANSFERS BETWEEN FUNDS
Notwithstanding any provision of law to the contrary, the
Director of Budget and Management, upon the written request of the
Director of Public Safety, may approve the transfer of cash
between the following six funds: the Trauma and Emergency Medical
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0),
the Investigations Fund (Fund 5FL0), the Emergency Management
Agency Service and Reimbursement Fund (Fund 4V30), the Justice
Program Services Fund (Fund 4P60), and the State Bureau of Motor
Vehicles Fund (Fund 4W40).
CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND
Notwithstanding any provision of law to the contrary, the
Director of Budget and Management, upon the written request of the
Director of Public Safety, may approve the transfer of cash from
the Continuing Professional Training Fund (Fund 5Y10), the State
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0),
and the Highway Safety Salvage and Exchange Highway Patrol Fund
(Fund 8410) to the Security, Investigations, and Policing Fund
(Fund 8400).
CASH TRANSFERS OF SEAT BELT FINE REVENUES
Notwithstanding any provision of law to the contrary, the
Controlling Board, upon request of the Director of Public Safety,
may approve the transfer of cash between the following four funds
that receive fine revenues from enforcement of the mandatory seat
belt law: the Trauma and Emergency Medical Services Fund (Fund
83M0), the Elementary School Program Fund (Fund 83N0), and the
Trauma and Emergency Medical Services Grants Fund (Fund 83P0).
The State Disaster Relief Fund (Fund 5330) may accept
transfers of cash and appropriations from Controlling Board
appropriation items for Ohio Emergency Management Agency disaster
response costs and disaster program management costs, and may also
be used for the following purposes:
(A) To accept transfers of cash and appropriations from
Controlling Board appropriation items for Ohio Emergency
Management Agency public assistance and mitigation program match
costs to reimburse eligible local governments and private
nonprofit organizations for costs related to disasters;
(B) To accept and transfer cash to reimburse the costs
associated with Emergency Management Assistance Compact (EMAC)
deployments;
(C) To accept disaster related reimbursement from federal,
state, and local governments. The Director of Budget and
Management may transfer cash from reimbursements received by this
fund to other funds of the state from which transfers were
originally approved by the Controlling Board.
(D) To accept transfers of cash and appropriations from
Controlling Board appropriation items to fund the State Disaster
Relief Program, for disasters that have been declared by the
Governor, and the State Individual Assistance Program for
disasters that have been declared by the Governor and the federal
Small Business Administration. The Ohio Emergency Management
Agency shall publish and make available application packets
outlining procedures for the State Disaster Relief Program and the
State Individual Assistance Program.
JUSTICE ASSISTANCE GRANT FUND
The federal payments made to the state for the Byrne Justice
Assistance Grants Program under Title II of Division A of the
American Recovery and Reinvestment Act of 2009 shall be deposited
to the credit of the Justice Assistance Grant Fund (Fund 3DE0),
which is hereby created in the state treasury. All investment
earnings of the fund shall be credited to the fund.
FEDERAL STIMULUS – JUSTICE PROGRAMS
The federal payments made to the state for the Violence
Against Women Formula Grant under Title II of Division A of the
American Recovery and Reinvestment Act of 2009 shall be deposited
to the credit of the Federal Stimulus – Justice Programs Fund
(Fund 3DH0).
TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT
AGENCY SERVICE AND REIMBURSEMENT FUND
On July 1 of each fiscal year, or as soon as possible
thereafter, the Director of Budget and Management shall transfer
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to
the Emergency Management Agency Service and Reimbursement Fund
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban
Search and Rescue Unit and other urban search and rescue programs
around the state.
FAMILY VIOLENCE PREVENTION FUND
Notwithstanding any provision of law to the contrary, in each
of fiscal years 2012 and 2013, the first $750,000 received to the
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be
appropriated to appropriation item 768689, Family Violence Shelter
Programs, and the next $400,000 received to the credit of Fund
5BK0 in each of those fiscal years shall be appropriated to
appropriation item 768687, Criminal Justice Services - Operating.
Any moneys received to the credit of Fund 5BK0 in excess of the
aforementioned appropriated amounts in each fiscal year shall,
upon the approval of the Controlling Board, be used to provide
grants to family violence shelters in Ohio.
SARA TITLE III HAZMAT PLANNING
The SARA Title III HAZMAT Planning Fund (Fund 6810) is
entitled to receive grant funds from the Emergency Response
Commission to implement the Emergency Management Agency's
responsibilities under Chapter 3750. of the Revised Code.
COLLECTIVE BARGAINING INCREASES
Notwithstanding division (D) of section 127.14 and division
(B) of section 131.35 of the Revised Code, except for the General
Revenue Fund, the Controlling Board may, upon the request of
either the Director of Budget and Management, or the Department of
Public Safety with the approval of the Director of Budget and
Management, increase appropriations for any fund, as necessary for
the Department of Public Safety, to assist in paying the costs of
increases in employee compensation that have occurred pursuant to
collective bargaining agreements under Chapter 4117. of the
Revised Code and, for exempt employees, under section 124.152 of
the Revised Code.
Not later than the first day of April in each fiscal year of
the biennium, the Director of Budget and Management shall review
the cash balances for each fund, except the State Highway Safety
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund
4W40), in the State Highway Safety Fund Group, and shall recommend
to the Controlling Board an amount to be transferred to the credit
of Fund 7036 or Fund 4W40, as appropriate.
Section 610.11. That existing Section 205.10 of Am. Sub. H.B.
114 of the 129th General Assembly is hereby repealed.
Section 620.10. That Section 125.10 of Am. Sub. H.B. 1 of the
128th General Assembly be amended to read as follows:
Sec. 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43,
5112.44, 5112.45, 5112.46, 5112.47, and 5112.48 of the Revised
Code are hereby repealed, effective October 1, 2011 2013.
Section 620.11. That existing Section 125.10 of Am. Sub. H.B.
1 of the 128th General Assembly is hereby repealed.
Section 620.12. The seventh paragraph of Section 812.20 of
Am. Sub. H.B. 1 of the 128th General Assembly, which refers to the
taking effect of a repeal of sections 5112.40 to 5112.48 of the
Revised Code, is repealed.
Section 620.13. The intent of Sections 620.10 to 620.12 of
this act is to further delay the repeal of sections 5112.40,
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47, and
5112.48 of the Revised Code from October 1, 2011, until October 1,
2013.
Section 630.10. That Section 5 of Sub. H.B. 125 of the 127th
General Assembly, as most recently amended by Sub. H.B. 198 of the
128th General Assembly, be amended to read as follows:
Sec. 5. (A) As used in this section and Section 6 of Sub.
H.B. 125 of the 127th General Assembly:
(1) "Most favored nation clause" means a provision in a
health care contract that does any of the following:
(a) Prohibits, or grants a contracting entity an option to
prohibit, the participating provider from contracting with another
contracting entity to provide health care services at a lower
price than the payment specified in the contract;
(b) Requires, or grants a contracting entity an option to
require, the participating provider to accept a lower payment in
the event the participating provider agrees to provide health care
services to any other contracting entity at a lower price;
(c) Requires, or grants a contracting entity an option to
require, termination or renegotiation of the existing health care
contract in the event the participating provider agrees to provide
health care services to any other contracting entity at a lower
price;
(d) Requires the participating provider to disclose the
participating provider's contractual reimbursement rates with
other contracting entities.
(2) "Contracting entity," "health care contract," "health
care services," "participating provider," and "provider" have the
same meanings as in section 3963.01 of the Revised Code, as
enacted by Sub. H.B. 125 of the 127th General Assembly.
(B) With respect to a contracting entity and a provider other
than a hospital, no No health care contract that includes shall
contain a most favored nation clause shall be entered into, and no
health care contract at the instance of a contracting entity shall
be amended or renewed to include a most favored nation clause, for
a period of three years after the effective date of Sub. H.B. 125
of the 127th General Assembly.
(C) With respect to a contracting entity and a hospital, no
health care contract that includes a most favored nation clause
shall be entered into, and no health care contract at the instance
of a contracting entity shall be amended or renewed to include a
most favored nation clause, for a period of three years after the
effective date of Sub. H.B. 125 of the 127th General Assembly,
subject to extension as provided in Section 6 of Sub. H.B. 125 of
the 127th General Assembly.
(D) This section does not apply to and does not prohibit the
continued use of a most favored nation clause in a health care
contract that is between a contracting entity and a hospital and
that is in existence on the effective date of Sub. H.B. 125 of the
127th General Assembly even if the health care contract is
materially amended with respect to any provision of the health
care contract other than the most favored nation clause during the
two-year period specified in this section or during any extended
period of time as provided in Section 6 of Sub. H.B. 125 of the
127th General Assembly. This section applies to such contract if
that contract is amended, or to any extension or renewal of that
contract.
Section 630.11. That existing Section 5 of Sub. H.B. 125 of
the 127th General Assembly, as most recently amended by Sub. H.B.
198 of the 128th General Assembly, is hereby repealed.
Section 630.12. That Section 5 of Sub. H.B. 2 of the 127th
General Assembly is hereby repealed.
Section 690.10. That Section 153 of Am. Sub. H.B. 117 of the
121st General Assembly, as most recently amended by Am. Sub. H.B.
1 of the 128th General Assembly, be amended to read as follows:
Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby
repealed, effective October 16, 2011 2013.
(B) Any money remaining in the Legislative Budget Services
Fund on October 16, 2011 2013, the date that section 5112.19 of
the Revised Code is repealed by division (A) of this section,
shall be used solely for the purposes stated in then former
section 5112.19 of the Revised Code. When all money in the
Legislative Budget Services Fund has been spent after then former
section 5112.19 of the Revised Code is repealed under division (A)
of this section, the fund shall cease to exist.
Section 690.11. That existing Section 153 of Am. Sub. H.B.
117 of the 121st General Assembly, as most recently amended by Am.
Sub. H.B. 1 of the 128th General Assembly, is hereby repealed.
Section 701.10. The Department of Administrative Services
shall post on the Department's Internet web site the form for the
contract documents that a public authority contracting for
services with a construction manager at risk or a design-build
firm must use on and after the date of the posting and until the
rules adopted under section 153.502 of the Revised Code are
implemented.
Section 701.20. Not later than July 1, 2012, the Department
of Administrative Services shall submit a report to the General
Assembly, in accordance with section 101.68 of the Revised Code,
on the feasibility of all of the following regarding health care
plans to cover persons employed by political subdivisions, public
school districts, as defined in section 9.901 of the Revised Code,
and state institutions of higher education, as defined in section
3345.011 of the Revised Code:
(A) Designing multiple health care plans that achieve an
optimal combination of coverage, cost, choice, and stability,
which plans include both state and regional preferred provider
plans, set employee and employer premiums, and set employee plan
copayments, deductibles, exclusions, limitations, formularies, and
other responsibilities;
(B) Maintaining reserves, reinsurance, and other measures to
insure the long-term stability and solvency of the health care
plans;
(C) Providing appropriate health care information, wellness
programs, and other preventive health care measures to health care
plan beneficiaries;
(D) Coordinating contracts for services related to the health
care plans;
(E) Voluntary and mandatory participation by political
subdivisions, public school districts, and institutions of higher
education;
(F) The potential impacts of any changes to the existing
purchasing structure on existing health care pooling and
consortiums;
(G) Removing barriers to competition and access to health
care pooling.
No action shall be taken regarding health care coverage for
employees of political subdivisions, public school districts, and
state institutions of higher education without the enactment of
law by the General Assembly.
Section 701.30. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES
As used in this section, "appointing authority" has the same
meaning as in section 124.01 of the Revised Code, and "exempt
employee" has the same meaning as in section 124.152 of the
Revised Code.
Notwithstanding section 124.181 of the Revised Code, in cases
where no vacancy exists, an appointing authority may, with the
written consent of an exempt employee, assign duties of a higher
classification to that exempt employee for a period of time not to
exceed two years, and that exempt employee shall receive
compensation at a rate commensurate with the duties of the higher
classification.
Section 701.40. (A) There is hereby created the Ohio Housing
Study Committee with the purpose of formulating a comprehensive
review of the policies and results of the Ohio Housing Finance
Agency, its programs and its working relationships with its
for-profit and not-for-profit partners to ensure that all Agency
programs are evaluated by an objective process to ensure all
Ohioans receive the benefits afforded to them through the
authority of the Agency.
(B) The Committee shall do all of the following:
(1) Perform a comprehensive review of Chapter 175. of the
Revised Code to determine the relevance of the chapter and
determine whether it should be formally reviewed or amended by the
General Assembly, up to and including appropriate legislative
oversight and accountability;
(2) Review the Agency's relationships with all of its
for-profit and not-for-profit partners to ensure an equitable and
level playing field regarding its single- and multi-family housing
programs;
(3) Review the Agency's policy leadership and the economic
impact of its Single Family Mortgage Revenue Bond Program;
(4) Review the Agency's Qualified Allocation Plan development
process and underlying policy to understand the policy basis for
its annual creation and ratification by the Board of Directors;
(5) Create a quantitative report measuring the economic
benefits of the Agency's single- and multi-family programming over
the last ten years;
(6) Evaluate the possible efficiencies of combining existing
Ohio Department of Development housing-related programming with
those of the Agency.
The Director of Commerce may include other relevant areas of
study as necessary.
(C) The Committee shall commence on the effective date of
this act and shall provide a report expressing its findings to the
Governor, the Speaker of the House of Representatives, and the
President of the Senate on or before January 1, 2012.
(D) The Director of Commerce shall serve as the Committee's
chairperson. The Committee shall be comprised of the Director and
two members of the General Assembly. One member shall be appointed
by the Speaker of the House of Representatives and one member
shall be appointed by the President of the Senate.
(E) The Committee shall meet at the discretion of the
Director of Commerce.
Section 701.50. (A) Except as otherwise provided in section
154.24 or 154.25 of the Revised Code, as enacted by this act, with
respect to the functions of the Ohio Public Facilities Commission,
the Treasurer of State shall, on the effective date of this
section and as provided for in this section, supersede and replace
the Ohio Building Authority (referred to in this section as the
"Authority") as the issuing authority in all matters relating to
the issuance of obligations for the financing of capital
facilities for housing branches and agencies of state government
as provided for in section 154.24 of the Revised Code or for
community or technical colleges as provided for in section 154.25
of the Revised Code (together referred to in this section as
"facilities for capital purposes"), as enacted by this act (all
referred to in this section as "superseded matters").
(B)(1) With respect to superseded matters and facilities for
capital purposes, the Treasurer of State shall:
(a) Succeed to and have and perform all of the duties,
powers, obligations, and functions of the Authority and its
members and officers provided for by law or rule relating to the
issuance of bonds, notes, or other obligations for the purpose of
paying costs of facilities for capital purposes;
(b) Succeed to and have and perform all of the duties,
powers, obligations, and functions, and have all of the rights of,
the Authority and its members and officers provided for in or
pursuant to resolutions, rules, agreements, trust agreements, and
supplemental trust agreements (all referred to collectively in
this section as "basic instruments"), and bonds, notes, and other
obligations (all referred to collectively in this section as
"financing obligations"), previously authorized, entered into, or
issued by the Authority for facilities for capital purposes, which
financing obligations shall be, or shall be deemed to be,
obligations issued by and of the Treasurer of State; and
(c) Be bound by all agreements and covenants of the
Authority, and basic instruments, relating to financing
obligations.
(2) The transfer of superseded matters to the Treasurer of
State pursuant to this section does not affect the validity of any
agreement or covenant, basic instrument, or financing obligation,
or any related document, authorized, entered into, or issued by
the Authority under Chapter 152. of the Revised Code or other
laws, and nothing in this section shall be applied or considered
as impairing the obligations or rights under them.
(3) The Treasurer of State shall not issue any additional
financing obligations pursuant to any basic instrument of the
Authority, including financing obligations to refund financing
obligations previously issued by the Authority.
(C) With respect to proceedings relating to superseded
matters affected by this section:
(1) This section applies to any proceedings that are
commenced after the effective date of this section, and to any
proceedings that are pending, in progress, or completed on that
date, notwithstanding the applicable law previously in effect or
any provision to the contrary in a prior basic instrument, notice,
or other proceeding.
(2) Any proceedings of the Authority that are pending on the
effective date of this section shall be pursued and completed by
and in the name of the Treasurer of State, and any financing
obligations that are sold, issued, and delivered pursuant to those
proceedings shall be deemed to have been authorized, sold, issued,
and delivered in conformity with this section.
(3) Notwithstanding divisions (C)(1) and (2) of this section,
the Authority may, subsequent to the effective date of this
section, meet for the purpose of better accomplishing the transfer
of superseded matters. At any such meeting the Authority may take
necessary or appropriate actions to effect an orderly transition
relating to the issuance of financing obligations, such that all
duties, powers, obligations, and functions of the Authority and
its members and officers with respect to the superseded matters or
under any leases and agreements between the Authority and a state
agency for facilities for capital purposes shall terminate and be
of no further force and effect as to the Authority.
(D) The Authority and the Treasurer of State shall prepare
any necessary amendments of or supplements to documents or basic
instruments pertaining to the duties, powers, obligations,
functions, and rights relating to superseded matters to which the
Treasurer of State succeeds pursuant to this section. The
authorization by the Authority in its basic instruments relating
to superseded matters for its officers to act in any manner on
behalf of the Authority shall, on and after the effective date of
this section, be authorization for the Treasurer of State, or the
Treasurer of State's staff or employees to whom the Treasurer of
State may delegate the function, to act in the circumstances,
without necessity for amendment of or supplement to any such
documents or basic instruments.
(E) No pending judicial or administrative action or
proceeding in which the Authority, or its members or officers as
such, are a party that pertains to superseded matters shall be
affected by their transfer, but shall be prosecuted or defended in
the name of the Treasurer of State and in any such action or
proceeding the Treasurer of State, upon application to the court,
shall be substituted as a party.
(F) In connection with the duties, powers, obligations,
functions, and rights relating to superseded matters and provided
for in this section, on the effective date of this section:
(1) Copies of all basic instruments, documents, books,
papers, and records of the Authority shall be transferred to the
Treasurer of State upon request, without necessity for assignment,
conveyance, or other action by the Authority.
(2) All appropriations previously made to or for the
Authority for the purposes of the performance of the duties,
powers, obligations, functions, and exercise of rights relating to
superseded matters, to the extent of remaining unexpended or
unencumbered balances, are hereby transferred to and made
available for use and expenditure by the Treasurer of State for
performing the same duties, powers, obligations, and functions and
exercising the same rights for which originally appropriated, and
payments for administrative expenses previously incurred in
connection with them shall be made from the applicable
administrative service fund on vouchers approved by the Treasurer
of State.
(3) All leases and agreements between the Authority and a
state agency for facilities for capital purposes made under
Chapter 152. of the Revised Code shall, and shall be considered
to, continue to bind that state agency. Nothing in this act shall
be considered as impairing the obligations of any state agency
under those leases and agreements.
(4) Any lease, grant, or conveyance made to the Authority
pursuant to section 152.06 of the Revised Code shall be, and shall
be deemed to be, made to the Ohio Public Facilities Commission
pursuant to section 154.16 of the Revised Code, and the Ohio
Public Facilities Commission shall succeed to and have and perform
all of the duties, powers, obligations, and functions, and have
all of the rights, of the Authority and its members and officers
provided for in or pursuant to that lease, grant, or conveyance.
(G) Whenever the Authority, or any of its members or
officers, is referred to in any contract or other document
relating to those outstanding financing obligations, the reference
shall be considered to be, as applicable, to the Ohio Public
Facilities Commission or its appropriate officers or to the
Treasurer of State or the appropriate staff of the Treasurer of
State.
Section 715.10. (A) The Ohio Soil and Water Conservation
Commission that is created in section 1515.02 of the Revised Code
shall establish a Conservation Program Delivery Task Force to
provide recommendations to the Director of Natural Resources
regarding how soil and water conservation districts established
under section 1515.03 of the Revised Code may advance effective
and efficient operations while continuing to provide local program
leadership. The Task Force shall examine methods for improving
services and removing impediments to organizational management and
explore opportunities for sharing services across all levels of
government.
(B) The chairperson of the Commission in consultation with
the Director shall appoint no more than nine members to the Task
Force. The Task Force shall include members of the boards of
supervisors of soil and water conservation districts and other
individuals who represent diverse geographic areas of the state
and may include members from the Ohio Federation of Soil and Water
Conservation Districts, the Natural Resources Conservation Service
in the United States Department of Agriculture, the County
Commissioners' Association of Ohio, the Ohio Municipal League, and
the Ohio Township Association. The Task Force may consult with
those organizations and agencies.
(C) The chairperson of the Commission or another member of
the Commission who is designated by the chairperson shall serve as
chairperson of the Task Force.
(D) Members appointed to the Task Force shall serve without
compensation and shall not be reimbursed for expenses. The
Division of Soil and Water Resources shall provide technical and
administrative support as needed by the Task Force.
(E) The Task Force shall hold its first meeting no later than
September 1, 2011, and shall submit a final report of
recommendations to the Director and the Commission no later than
December 31, 2011. Upon submission of the final report, the Task
Force shall cease to exist.
Section 733.10. (A) The Department of Education shall
conduct and publicize a second Educational Choice Scholarship
application period for the 2011-2012 school year to award for that
year scholarships newly authorized by sections 3310.02 and 3310.03
of the Revised Code, as amended by this act. The second
application period shall commence on the effective date of this
section and shall end at the close of business on the first
business day that is at least sixty days after the effective date
of this section.
(B) Not later than ten days after the effective date of this
section, the Department shall do both of the following:
(1) Mail, to each person who applied for a scholarship during
the first application period for the 2011-2012 school year but did
not receive a scholarship, a notice announcing the second
application period, the opportunity to re-apply, and the
application deadline;
(2) Post prominently on its web site a list of school
district-operated buildings that meet both of the following
criteria:
(a) For at least two of the three school years from 2007-2008
through 2009-2010, ranked in the lowest ten per cent of school
buildings according to performance index score reported under
section 3302.03 of the Revised Code;
(b) Were not declared to be excellent or effective under that
section for the 2009-2010 school year.
(C) The Department shall award scholarships for the 2011-2012
school year from applications submitted during the second
application period according to the order of priority listed in
division (B) of section 3310.02 of the Revised Code, as amended by
this act. The Department shall base its award determinations on
the applicant students' status during the 2010-2011 school year.
(D) Notwithstanding any provision of sections 3310.01 to
3310.17 of the Revised Code, any rule of the State Board of
Education, or any policy of the Department to the contrary, the
Department shall not deny a scholarship to a student for whom an
application is submitted during the second application period
solely because the student already has been admitted to a
chartered nonpublic school for the 2011-2012 school year, if both
of the following apply:
(1) A timely application was submitted on the student's
behalf during the first application period for the 2011-2012
school year and the student was denied a scholarship solely
because the number of applications exceeded the number of
available scholarships.
(a) Was enrolled, through the final day of scheduled classes
for the 2010-2011 school year, in the district school or community
school indicated on the student's first application for the
2011-2012 school year;
(b) Is eligible to enroll in kindergarten for the 2011-2012
school year and was not enrolled in kindergarten in a nonpublic
school in the 2010-2011 school year.
(E) As used in this section, "enrolled" has the same meaning
as in division (E) of section 3317.03 of the Revised Code.
Section 737.30. (A) The Manufactured Homes Commission shall
adopt the rules required by section 4781.26 of the Revised Code as
amended by this act not later than December 1, 2011. After
adopting the rules, the Commission immediately shall notify the
Director of Health.
(B)(1) The rules governing manufactured home parks adopted by
the Public Health Council under former section 3733.02 of the
Revised Code as amended by this act shall remain in effect in a
health district until the Commission adopts rules under section
4781.26 of the Revised Code as amended by this act.
(2) On the effective date of the rules adopted by the
Commission as required by section 4781.26 of the Revised Code as
amended by this act, the Public Health Council rules adopted under
former section 3733.02 of the Revised Code as amended by this act
cease to be effective within the jurisdiction of that board of
health.
(C) No board of health of a city or general health district
shall invoice or collect manufactured home park licensing fees for
calendar year 2012.
(D) As used in this section:
(1) "Manufactured home park," "board of health," and "health
district" have the same meanings as in section 3733.01 of the
Revised Code.
(2) "Public Health Council" means the Public Health Council
created by section 3701.33 of the Revised Code.
Section 747.10. On or about December 1, 2011, the Director of
Budget and Management shall transfer cash from the general
operations fund created in section 3701.83 of the Revised Code,
which has been collected pursuant to sections 3733.02 to 3733.08
of the Revised Code, to the occupational licensing and regulatory
fund created in section 4743.05 of the Revised Code. Moneys so
transferred shall be used only for the purpose of administering
sections 4781.26 to 4781.35 of the Revised Code.
Section 747.20. Notwithstanding the original term of the
appointment, the term of the Manufactured Homes Commission member
who was appointed by the Governor as a representative of the
Department of Health pursuant to division (B)(2)(b) of section
4781.02 of the Revised Code shall end on the effective date of
that section as amended by this act. The initial term of the
registered sanitarian appointed to the Manufactured Homes
Commission pursuant to section 4781.02 of the Revised Code, as
amended by this act, shall expire on the date when the
representative of the Department of Health's term would have
expired, but for this section.
Section 753.10. (A) As used in this section, "contractor"
and "facility" have the same meanings as in section 9.06 of the
Revised Code, as amended by Sections 101.01 and 101.02 of this
act.
(B)(1) The Director of Administrative Services and the
Director of Rehabilitation and Correction are hereby authorized to
award one or more contracts through requests for proposals for the
operation and management by a contractor of one or more of the
facilities described in divisions (C) to (G) of this section,
pursuant to section 9.06 of the Revised Code, and for the transfer
of the state's right, title, and interest in the real property on
which the facility is situated and any surrounding land as
described in those divisions.
(2) If the Director of Administrative Services and the
Director of Rehabilitation and Correction award a contract of the
type described in division (B)(1) of this section to a contractor
regarding a facility described in division (C), (D), (E), (F), or
(G) of this section, in addition to the requirements, statements,
and authorizations that must be included in the contract pursuant
to division (B) of section 9.06 of the Revised Code, the contract
shall include all of the following regarding the facility that is
the subject of the contract:
(a) An agreement for the sale to the contractor of the
state's right, title, and interest in the facility, the land
situated thereon, and specified surrounding land;
(b) A requirement that the contractor provide preferential
hiring treatment to employees of the Department of Rehabilitation
and Correction in order to retain staff displaced as a result of
the transition of the operation and management of the facility and
to meet the administrative, programmatic, maintenance, and
security needs of the facility;
(c) Notwithstanding any provision of the Revised Code,
authorization for the transfer to the contractor of any supplies,
equipment, furnishings, fixtures, or other assets considered
necessary by the Director of Rehabilitation and Correction and the
Director of Administrative Services for the continued operation
and management of the facility.
(3)(a) If the Director of Administrative Services and the
Director of Rehabilitation and Correction award a contract of the
type described in division (B)(1) of this section to a contractor
regarding a facility described in division (C), (D), (E), (F), or
(G) of this section, notwithstanding any provision of the Revised
Code and subject to division (B)(3)(b) of this section, the state
may transfer to the contractor in accordance with the contract any
supplies, equipment, furnishings, fixtures, or other assets
considered necessary by the Director of Rehabilitation and
Correction and the Director of Administrative Services for the
continued operation and management of the facility. For purposes
of this paragraph and the transfer authorized under this
paragraph, any such supplies, equipment, furnishings, fixtures, or
other assets shall not be considered supplies, excess supplies, or
surplus supplies as defined in section 125.12 of the Revised Code
and may be disposed of as part of the transfer of the facility to
the contractor.
(b) If the Director of Administrative Services and the
Director of Rehabilitation and Correction award a contract of the
type described in division (B)(1) of this section to a contractor
regarding the facility described in division (D) of this section,
the Director of Rehabilitation and Correction may transfer to
another state correctional institution to be determined by the
Director of Rehabilitation and Correction the Braille printing
press and related accessories located at the facility described in
division (D) of this section and all programs associated with the
Braille printing press.
(4) Nothing in divisions (B)(1) to (3) or divisions (C) to
(G) of this section restricts the department of rehabilitation and
correction from contracting for only the private operation and
management of any of the facilities described in divisions (C) to
(G) of this section.
(C)(1) As used in division (C) of this section, "grantee"
means an entity that has contracted under section 9.06 of the
Revised Code to privately operate the Lake Erie Correctional
Facility, if the contract includes the clauses described in
division (B)(2) of this section for the purchase of that Facility.
(2) The Governor is authorized to execute a deed in the name
of the state conveying to the grantee, its successors and assigns,
all of the right, title, and interest of the state in the Lake
Erie Correctional Facility, in the City of Conneaut, County of
Ashtabula, State of Ohio, the land situated thereon, and any
surrounding land.
In preparing the deed, the Auditor of State, with the
assistance of the Attorney General, shall develop a legal
description of the property in conformity with the actual bounds
of the real estate.
(3) Consideration for conveyance of the real estate shall be
set forth in the contract awarded to the grantee and shall be paid
in accordance with the terms of the contract.
(4)(a) The deed may contain any restriction that the Director
of Administrative Services and the Director of Rehabilitation and
Correction determine is reasonably necessary to protect the
state's interest in neighboring state-owned land.
(b) The deed also shall contain restrictions prohibiting the
grantee from:
(i) Using, developing, or selling the real estate, or the
correctional facility thereon, except in conformance with the
restriction, or if the use, development, or sale will interfere
with the quiet enjoyment of the neighboring state-owned land; and
(ii) Using the real estate for any use other than as a
correctional institution.
(5) The real estate shall be sold as an entire tract and not
in parcels.
(6) Upon payment of the purchase price as set forth in the
contract awarded to the grantee, the Auditor of State, with the
assistance of the Attorney General, shall prepare a deed to the
real estate. The deed shall state the consideration and
restrictions and shall be executed by the Governor in the name of
the state, countersigned by the Secretary of State, sealed with
the Great Seal of the State, presented in the Office of the
Auditor of State for recording, and delivered to the grantee. The
grantee shall present the deed for recording in the Office of the
Ashtabula County Recorder.
(7) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate, including recordation
costs of the deed.
(8) The proceeds of the conveyance of the real estate shall
be deposited into the State Treasury to the credit of the Adult
and Juvenile Correctional Facilities Bond Retirement Fund and
shall be used to retire bonds in accordance with section 5120.092
of the Revised Code, and any remaining moneys shall be transferred
in accordance with that section to the General Revenue Fund.
(9) Division (C) of this section does not restrict the
Department of Rehabilitation and Correction from contracting, not
for the sale of, but only for the private operation and management
of the Lake Erie Correctional Facility.
(10) Division (C) of this section expires two years after its
effective date.
(D)(1) As used in division (D) of this section, "grantee"
means an entity that has contracted under section 9.06 of the
Revised Code to privately operate the Grafton Correctional
Institution, if the contract includes the clauses described in
division (B)(2) of this section for the purchase of that
Institution.
(2) The Governor is authorized to execute a deed in the name
of the state conveying to the grantee, its successors and assigns,
all of the right, title, and interest of the state in the Grafton
Correctional Institution, in the City of Grafton, County of
Lorain, State of Ohio, the land situated thereon, and any
surrounding land.
In preparing the deed, the Auditor of State, with the
assistance of the Attorney General, shall develop a legal
description of the property in conformity with the actual bounds
of the real estate.
(3) Consideration for conveyance of the real estate shall be
set forth in the contract awarded to the grantee and shall be paid
in accordance with the terms of the contract.
(4)(a) The deed may contain any restriction that the Director
of Administrative Services and the Director of Rehabilitation and
Correction determine is reasonably necessary to protect the
state's interest in neighboring state-owned land.
(b) The deed also shall contain restrictions prohibiting the
grantee from:
(i) Using, developing, or selling the real estate, or the
correctional facility thereon, except in conformance with the
restriction, or if the use, development, or sale will interfere
with the quiet enjoyment of the neighboring state-owned land; and
(ii) Using the real estate for any use other than as a
correctional institution.
(5) The real estate shall be sold as an entire tract and not
in parcels.
(6) Upon payment of the purchase price as set forth in the
contract awarded to the grantee, the Auditor of State, with the
assistance of the Attorney General, shall prepare a deed to the
real estate. The deed shall state the consideration and
restrictions and shall be executed by the Governor in the name of
the state, countersigned by the Secretary of State, sealed with
the Great Seal of the State, presented in the Office of the
Auditor of State for recording, and delivered to the grantee. The
grantee shall present the deed for recording in the Office of the
Lorain County Recorder.
(7) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate, including recordation
costs of the deed.
(8) The proceeds of the conveyance of the real estate shall
be deposited into the State Treasury to the credit of the Adult
and Juvenile Correctional Facilities Bond Retirement Fund and
shall be used to retire bonds in accordance with section 5120.092
of the Revised Code, and any remaining moneys shall be transferred
in accordance with that section to the General Revenue Fund.
(9) Division (D) of this section does not restrict the
Department of Rehabilitation and Correction from contracting, not
for the sale of, but only for the private operation and management
of the Grafton Correctional Institution.
(10) Division (D) of this section expires two years after its
effective date.
(E)(1) As used in division (E) of this section, "grantee"
means an entity that has contracted under section 9.06 of the
Revised Code to privately operate the North Coast Correctional
Treatment Facility, if the contract includes the clauses described
in division (B)(2) of this section for the purchase of that
Facility.
(2) The Governor is authorized to execute a deed in the name
of the state conveying to the grantee, its successors and assigns,
all of the right, title, and interest of the state in the North
Coast Correctional Treatment Facility, in the City of Grafton,
County of Lorain, State of Ohio, the land situated thereon, and
any surrounding land.
In preparing the deed, the Auditor of State, with the
assistance of the Attorney General, shall develop a legal
description of the property in conformity with the actual bounds
of the real estate.
(3) Consideration for conveyance of the real estate shall be
set forth in the contract awarded to the grantee and shall be paid
in accordance with the terms of the contract.
(4)(a) The deed may contain any restriction that the Director
of Administrative Services and the Director of Rehabilitation and
Correction determine is reasonably necessary to protect the
state's interest in neighboring state-owned land.
(b) The deed also shall contain restrictions prohibiting the
grantee from:
(i) Using, developing, or selling the real estate, or the
correctional facility thereon, except in conformance with the
restriction, or if the use, development, or sale will interfere
with the quiet enjoyment of the neighboring state-owned land; and
(ii) Using the real estate for any use other than as a
correctional institution.
(5) The real estate shall be sold as an entire tract and not
in parcels.
(6) Upon payment of the purchase price as set forth in the
contract awarded to the grantee, the Auditor of State, with the
assistance of the Attorney General, shall prepare a deed to the
real estate. The deed shall state the consideration and
restrictions and shall be executed by the Governor in the name of
the state, countersigned by the Secretary of State, sealed with
the Great Seal of the State, presented in the Office of the
Auditor of State for recording, and delivered to the grantee. The
grantee shall present the deed for recording in the Office of the
Lorain County Recorder.
(7) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate, including recordation
costs of the deed.
(8) The proceeds of the conveyance of the real estate shall
be deposited into the State Treasury to the credit of the Adult
and Juvenile Correctional Facilities Bond Retirement Fund and
shall be used to retire bonds in accordance with section 5120.092
of the Revised Code, and any remaining moneys shall be transferred
in accordance with that section to the General Revenue Fund.
(9) Division (E) of this section does not restrict the
Department of Rehabilitation and Correction from contracting, not
for the sale of, but only for the private operation and management
of the North Coast Correctional Treatment Facility.
(10) Division (E) of this section expires two years after its
effective date.
(F)(1) As used in division (F) of this section, "grantee"
means an entity that has contracted under section 9.06 of the
Revised Code to privately operate the North Central Correctional
Institution, if the contract includes the clauses described in
division (B)(2) of this section for the purchase of that
Institution.
(2) The Governor is authorized to execute a deed in the name
of the state conveying to the grantee, its successors and assigns,
all of the right, title, and interest of the state in the North
Central Correctional Institution, in the City of Marion, County of
Marion, State of Ohio, the land situated thereon, and any
surrounding land.
In preparing the deed, the Auditor of State, with the
assistance of the Attorney General, shall develop a legal
description of the property in conformity with the actual bounds
of the real estate.
(3) Consideration for conveyance of the real estate shall be
set forth in the contract awarded to the grantee and shall be paid
in accordance with the terms of the contract.
(4)(a) The deed may contain any restriction that the Director
of Administrative Services and the Director of Rehabilitation and
Correction determine is reasonably necessary to protect the
state's interest in neighboring state-owned land.
(b) The deed also shall contain restrictions prohibiting the
grantee from:
(i) Using, developing, or selling the real estate, or the
correctional facility thereon, except in conformance with the
restriction, or if the use, development, or sale will interfere
with the quiet enjoyment of the neighboring state-owned land; and
(ii) Using the real estate for any use other than as a
correctional institution.
(5) The real estate shall be sold as an entire tract and not
in parcels.
(6) Upon payment of the purchase price as set forth in the
contract awarded to the grantee, the Auditor of State, with the
assistance of the Attorney General, shall prepare a deed to the
real estate. The deed shall state the consideration and
restrictions and shall be executed by the Governor in the name of
the state, countersigned by the Secretary of State, sealed with
the Great Seal of the State, presented in the Office of the
Auditor of State for recording, and delivered to the grantee. The
grantee shall present the deed for recording in the Office of the
Marion County Recorder.
(7) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate, including recordation
costs of the deed.
(8) The proceeds of the conveyance of the real estate shall
be deposited into the State Treasury to the credit of the Adult
and Juvenile Correctional Facilities Bond Retirement Fund and
shall be used to retire bonds in accordance with section 5120.092
of the Revised Code, and any remaining moneys shall be transferred
in accordance with that section to the General Revenue Fund.
(9) Division (F) of this section does not restrict the
Department of Rehabilitation and Correction from contracting, not
for the sale of, but only for the private operation and management
of the North Central Correctional Institution.
(10) Division (F) of this section expires two years after its
effective date.
(G)(1) As used in division (G) of this section, "grantee"
means an entity that has contracted under section 9.06 of the
Revised Code to privately operate a facility at the vacated
correctional facility, previously operated by the Department of
Youth Services adjacent to the North Central Correctional
Institution, if the contract includes the clauses described in
division (B)(2) of this section for the purchase of that facility.
(2) The Governor is authorized to execute a deed in the name
of the state conveying to the grantee, its successors and assigns,
all of the right, title, and interest of the state in the vacated
correctional facility, previously operated by the Department of
Youth Services adjacent to the North Central Correctional
Institution, in the City of Marion, County of Marion, State of
Ohio, the land situated thereon, and any surrounding land.
In preparing the deed, the Auditor of State, with the
assistance of the Attorney General, shall develop a legal
description of the property in conformity with the actual bounds
of the real estate.
(3) Consideration for conveyance of the real estate shall be
set forth in the contract awarded to the grantee and shall be paid
in accordance with the terms of the contract.
(4)(a) The deed may contain any restriction that the Director
of Administrative Services and the Director of Rehabilitation and
Correction determine is reasonably necessary to protect the
state's interest in neighboring state-owned land.
(b) The deed also shall contain restrictions prohibiting the
grantee from:
(i) Using, developing, or selling the real estate, or the
correctional facility thereon, except in conformance with the
restriction, or if the use, development, or sale will interfere
with the quiet enjoyment of the neighboring state-owned land; and
(ii) Using the real estate for any use other than as a
correctional institution.
(5) The real estate shall be sold as an entire tract and not
in parcels.
(6) Upon payment of the purchase price as set forth in the
contract awarded to the grantee, the Auditor of State, with the
assistance of the Attorney General, shall prepare a deed to the
real estate. The deed shall state the consideration and
restrictions and shall be executed by the Governor in the name of
the state, countersigned by the Secretary of State, sealed with
the Great Seal of the State, presented in the Office of the
Auditor of State for recording, and delivered to the grantee. The
grantee shall present the deed for recording in the Office of the
Marion County Recorder.
(7) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate, including recordation
costs of the deed.
(8) The proceeds of the conveyance of the real estate shall
be deposited into the State Treasury to the credit of the Adult
and Juvenile Correctional Facilities Bond Retirement Fund and
shall be used to retire bonds in accordance with section 5120.092
of the Revised Code, and any remaining moneys shall be transferred
in accordance with that section to the General Revenue Fund.
(9) Division (G) of this section does not restrict the
Department of Rehabilitation and Correction from contracting, not
for the sale of, but only for the private operation and management
of the vacated correctional facility, previously operated by the
Department of Youth Services adjacent to the North Central
Correctional Institution.
(10) Division (G) of this section expires two years after its
effective date.
Section 753.20. (A) The Governor is authorized to execute a
deed in the name of the state conveying to the Ripley Union Lewis
Huntington School District, its successors and assigns, all of the
state's right, title, and interest in the following described real
estate:
I
Starting at a 5/8" iron pin found on the southerly
right-of-way line of Outer Drive, the northeasterly line of Edward
and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the
northwesterly corner of L.J. Germann's Addition as recorded in
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio
Recorder's Office;
Thence with the southerly right-of-way line of said Outer
Drive and with the northerly line of said Farnbach and Pfeffer for
the next four (4) courses;
South 63 degrees 34 minutes 18 seconds West a distance of
24.20 feet;
South 79 degrees 33 minutes 23 seconds West a distance of
92.60 feet;
South 75 degrees 58 minutes 20 seconds West a distance of
347.02 feet;
South 84 degrees 53 minutes 30 seconds West a distance of
10.54 feet;
Thence with a line through the land of said Farnbach and
Pfeffer for the next two (2) courses:
South 21 degrees 11 minutes 23 seconds West a distance of
43.58 feet;
South 0 degrees 25 minutes 20 seconds West a distance of
586.49 feet to a point on the southerly line of said Farnbach and
Pfeffer and on the northerly line of Michael Ray Schwallie;
Thence with a line through the land of said Schwallie for the
next two (2) courses:
South 0 degrees 25 minutes 20 seconds West a distance of
227.62 feet;
South 35 degrees 47 minutes 10 seconds East a distance of
523.46 feet to a point on the southerly line of said Schwallie and
on the northerly line of the State of Ohio;
Thence with a line through the land of said State of Ohio
three (3) courses:
South 35 degrees 47 minutes 10 seconds East a distance of
29.17 feet;
South 6 degrees 22 minutes 58 seconds West a distance of
29.21 feet;
South 51 degrees 22 minutes 58 seconds West a distance of
583.46 feet and the true point of beginning;
Thence from said true point of beginning and through the land
of said State of Ohio for the next five (5) courses:
On a curve to the left having a radius of 300.00 feet, an
interior angle of 37 degrees 00 minutes 54 seconds, an arc length
of 193.81 feet, a chord bearing of South 76 degrees 58 minutes 37
seconds East for a chord length of 190.46 feet;
South 58 degrees 28 minutes 11 seconds East a distance of
284.98 feet;
On a curve to the left having a radius of 300.00 feet, an
interior angle of 180 degrees 00 minutes 00 seconds, an arc length
of 942.48 feet, a chord bearing of South 31 degrees 31 minutes 49
seconds West for a chord length of 600.00 feet;
North 58 degrees 28 minutes 11 seconds West a distance of
284.98 feet;
On a curve to the right having a radius of 300.00 feet, an
interior angle of 142 degrees 59 minutes 08 seconds, an arc length
of 748.67 feet, a chord bearing of North 13 degrees 01 minutes 23
seconds East for a chord length of 568.97 feet and CONTAINING
3.925 Acres
This description was prepared by Christopher S. Renshaw,
P.S., Ohio Registration No. 8319 on 16 October 2009.
II
Starting at 5/8" iron pin found on the southerly right-of-way
line of Outer Drive, the northeasterly corner of Edward and Eva K.
Farnbach and Michael S. Pfeffer, Trustee at the northwesterly
corner of L.J. Germann's Addition as recorded in Plat Book C-3,
page 204, slide 213 in the Brown County, Ohio Recorder's Office;
Thence with the southerly right-of-way line of Outer Drive
and with the northerly line of Edward and Eva K. Farnbach, etal
for the next three (3) courses:
South 63 degrees 34 minutes 18 seconds West a distance of
24.20 feet;
South 79 degrees 33 minutes 23 seconds West a distance of
92.60 feet;
South 75 degrees 58 minutes 20 seconds West a distance of
340.45 feet;
Thence through the land of said Farnbach for the next two (2)
courses:
South 21 degrees 11 minutes 23 seconds West a distance of
49.42 feet;
South 0 degrees 25 minutes 20 seconds West a distance of
571.70 feet to a point on the southerly line of said Farnbach and
on the northerly line of Michael Ray Schwallie;
Thence through the land of said Schwallie for the next two
(2) courses:
South 0 degrees 25 minutes 20 seconds West a distance of
234.76 feet;
South 35 degrees 47 minutes 10 seconds East a distance of
518.08 feet to a point on the southerly line of said Schwallie and
on the northerly line of the State of Ohio and the true point of
beginning; said point being on the easterly line of said real
estate;
Thence from said the true point of beginning and with a line
through the land of said State of Ohio seven (7) courses:
South 35 degrees 47 minutes 10 seconds East a distance of
35.43 feet;
South 6 degrees 22 minutes 58 seconds West a distance of
41.21 feet;
South 51 degrees 22 minutes 58 seconds West a distance of
568.72 feet;
On a curve to the left having a radius of 300.00 feet, an
interior angle of 20 degrees 37 minutes 27 seconds, an arc length
of 107.99 feet, a chord bearing of South 79 degrees 07 minutes 37
seconds West for a chord length of 107.41 feet;
North 51 degrees 22 minutes 58 seconds East a distance of
643.06 feet;
North 6 degrees 22 minutes 57 seconds East a distance of 1.22
feet;
North 35 degrees 47 minutes 10 seconds West a distance of
14.58 feet to a point on the southerly line of said Schwallie and
on the northerly line of said State of Ohio;
Thence with the southerly line of said Schwallie and on the
northerly line of said State of Ohio North 52 degrees 24 minutes
43 seconds East a distance of 50.02 feet to the place of beginning
and CONTAINING 0.740 Acres.
This description was prepared by Christopher S. Renshaw,
P.S., Ohio Registration No. 8319 on 16 October 2009.
III
Starting at a 5/8" iron pin found on the southerly
right-of-way line of Outer Drive, the northeasterly corner of
Edward and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the
northwesterly corner of L.J. Germann's Addition as recorded in
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio
Recorder's Office;
Thence with the southerly right-of-way line of said Outer
Drive and with the northerly line of said Farnbach and Pfeffer for
the next four (4) courses:
South 63 degrees 34 minutes 18 seconds West a distance of
24.20 feet;
South 79 degrees 33 minutes 23 seconds West a distance of
92.60 feet;
South 75 degrees 58 minutes 20 seconds West a distance of
347.02 feet;
South 84 degrees 53 minutes 30 seconds West a distance of
10.54 feet;
Thence with a line through the land of said Farnbach and
Pfeffer for the next two (2) courses:
South 21 degrees 11 minutes 23 seconds West a distance of
43.58 feet;
South 0 degrees 25 minutes 20 seconds West a distance of
586.49 feet to a point on the southerly line of said Farnbach
Pfeffer and on the northerly line of Michael Ray Schwallie;
Thence with a line through the land of said Schwallie for the
next two (2) courses:
South 0 degrees 25 minutes 20 seconds West a distance of
227.62 feet;
South 35 degrees 47 minutes 10 seconds East a distance of
523.46 feet to a point on the southerly line of said Schwallie and
on the northerly line of the State of Ohio and the true point of
beginning, said beginning point being on the easterly line of said
real estate;
Thence from said the true point of beginning and with a line
through the land of said State of Ohio seven (7) courses:
South 35 degrees 47 minutes 10 seconds East a distance of
29.17 feet;
South 6 degrees 22 minutes 58 seconds West a distance of
29.21 feet;
South 51 degrees 22 minutes 58 seconds West a distance of
583.46 feet;
On a curve to the left having a radius of 300.00 feet, an
interior angle of 7 degrees 49 minutes 53 seconds, an arc length
of 41.01 feet, a chord bearing of South 80 degrees 35 minutes 59
seconds West for a chord length of 40.97 feet;
North 51 degrees 22 minutes 58 seconds East a distance of
610.94 feet;
North 6 degrees 22 minutes 58 seconds East a distance of
13.22 feet;
North 35 degrees 47 minutes 10 seconds West a distance of
20.83 feet to a point on the southerly line of said Schwallie and
on the northerly line of said State of Ohio;
Thence with the southerly line of said Schwallie and on the
northerly line of said State of Ohio North 52 degrees 24 minutes
43 seconds East a distance of 20.01 feet to the place of beginning
and CONTAINING 0.295 Acres.
This description was prepared by Christopher S. Renshaw,
P.S., Ohio Registration No. 8319 on 16 October 2009.
IV
Starting at a spike found in the centerline of U.S. Route No.
52, 62 & 68, at the southeasterly corner of Surgical Appliance
Industries, Inc.'s 2.00 Acre tract as recorded in Deed Book 164,
page 778 in the Brown County, Ohio Recorder's Office;
Thence with the line of said Surgical Appliance Industries,
Inc. South 52 degrees 38 minutes 52 seconds West a distance of
80.00 feet to a point on the on the southerly right-of-way line of
said U.S. Route No. 52, 62 & 68;
Thence with the southerly right-of-way line of said U.S.
Route No. 52, 62 & 68 South 36 degrees 23 minutes 01 seconds East
a distance of 19.72 feet to the true point of beginning;
South 52 degrees 41 minutes 03 seconds West a distance of
260.37 feet;
South 49 degrees 59 minutes 41 seconds West a distance of
179.65 feet;
On a curve to the left having a radius of 200.00 feet, an
interior angle of 43 degrees 45 minutes 50 seconds, an arc length
of 152.76 feet, a chord bearing of South 28 degrees 06 minutes 46
seconds West for a chord length of 149.08 feet;
South 6 degrees 13 minutes 51 seconds West a distance of
204.40 feet;
On a curve to the left having a radius of 100.00 feet, an
interior angle of 44 degrees 44 minutes 55 seconds, an arc length
of 78.10 feet, a chord bearing of South 16 degrees 08 minutes 36
seconds East for a chord length of 76.13 feet;
South 38 degrees 31 minutes 04 seconds East a distance of
266.21 feet;
On a curve to the left having a radius of 50.00 feet, an
interior angle of 53 degrees 35 minutes 34 seconds, an arc length
of 46.77 feet, a chord bearing of South 65 degrees 18 minutes 51
seconds East for a chord length of 45.08 feet;
North 87 degrees 53 minutes 23 seconds East a distance of
6.15 feet;
On a curve to the right having a radius of 12.50 feet, an
interior angle of 143 degrees 13 minutes 01 seconds, an arc length
of 31.25 feet, a chord bearing of South 20 degrees 30 minutes 07
seconds East for a chord length of 23.72;
South 51 degrees 40 minutes 10 seconds West a distance of
345.58 feet;
On a curve to the left having a radius of 125.00 feet, an
interior angle of 43 degrees 33 minutes 25 seconds, an arc length
of 95.03 feet, a chord bearing of South 29 degrees 53 minutes 28
seconds West for a chord length of 92.75 feet;
South 8 degrees 06 minutes 45 seconds West a distance of
65.53 feet;
On a curve to the right have a radius of 63.00 feet, an
interior angle of 91 degrees 48 minutes 38 seconds, an arc length
of 100.95 feet, a chord bearing of South 54 degrees 01 minutes 04
seconds West for a chord length of 90.49 feet;
North 80 degrees 04 minutes 37 seconds West a distance of
579.25 feet;
On a curve to the right having a radius of 150.00 feet, an
interior angle of 26 degrees 20 minutes 16 seconds, an arc length
of 68.95 feet, a chord bearing of North 66 degrees 54 minutes 29
seconds West for a chord length of 68.35 feet;
North 53 degrees 44 minutes 21 seconds West a distance of
229.52 feet;
North 46 degrees 10 minutes 36 seconds West a distance of
25.00 feet;
North 52 degrees 49 minutes 16 seconds West a distance of
55.12 feet;
On a curve to the left having a radius of 205.00 feet, an
interior angle of 75 degrees 47 minutes 45 seconds, an arc length
of 271.19 feet, a chord bearing of South 89 degrees 16 minutes 52
seconds West for a chord length of 251.85 feet;
South 51 degrees 22 minutes 58 seconds West a distance of
139.29 feet;
On a curve to the left having a radius of 55.00 feet, an
interior angle of 105 degrees 02 minutes 01 seconds, an arc length
of 100.83 feet, a chord bearing of South 01 degrees 08 minutes 03
seconds East for a chord length of 87.29 feet;
South 53 degrees 39 minutes 03 seconds East a distance of
447.62 feet;
North 53 degrees 39 minutes 03 seconds West a distance of
447.62 feet;
On a curve to the right having a radius of 55.00 feet, an
interior angle of 105 degrees 02 minutes 01 seconds, an arc length
of 100.83 feet, a chord bearing of North 01 degrees 08 minutes 03
seconds West for a chord length of 87.29 feet;
North 51 degrees 22 minutes 58 seconds East a distance of
139.29 feet;
On a curve to the right having a radius of 205.00 feet, an
interior angle of 75 degrees 47 minutes 45 seconds, an arc length
of 271.19 feet, a chord bearing of North 89 degrees 16 minutes 52
seconds East for a chord length of 251.85 feet;
South 52 degrees 49 minutes 16 seconds East a distance of
55.12 feet;
South 46 degrees 10 minutes 36 seconds East a distance of
25.00 feet;
South 53 degrees 44 minutes 21 seconds East a distance of
229.52 feet;
On a curve to the left having a radius of 150.00 feet, an
interior angle of 26 degrees 20 minutes 16 seconds, an arc length
of 68.95 feet, a chord bearing of South 66 degrees 54 minutes 29
seconds East for a chord length of 68.35 feet;
South 80 degrees 04 minutes 37 seconds East a distance of
579.25 feet;
On a curve to the left having a radius of 63.00 feet, an
interior angle of 91 degrees 48 minutes 38 seconds, an arc length
of 100.95 feet, a chord bearing of North 54 degrees 01 minutes 04
seconds East for a chord length of 90.49 feet;
North 8 degrees 06 minutes 45 seconds East a distance of
65.53 feet;
On a curve to the right having a radius of 125.00 feet, an
interior angle of 43 degrees 33 minutes 25 seconds, an arc length
of 95.03 feet, a chord bearing of North 29 degrees 53 minutes 28
seconds East for a chord length of 92.75 feet;
North 51 degrees 40 minutes 10 seconds East a distance of
345.58 feet;
North 51 degrees 06 minutes 24 seconds East a distance of
242.53 feet;
On a curve to the left having a radius of 75.00 feet, an
interior angle of 89 degrees 40 minutes 16 seconds, an arc length
of 117.38 feet, a chord bearing of North 06 degrees 16 minutes 16
seconds East for a chord length of 105.76 feet;
North 38 degrees 33 minutes 52 seconds West a distance of
100.75 feet;
North 53 degrees 36 minutes 14 seconds East a distance of
396.32 feet.
This description was prepared by Christopher S. Renshaw,
P.S., Ohio Registration No. 8319 on 16 October 2009.
(B) Consideration for conveyance of the real estate is the
mutual benefit accruing to the state and the Ripley Union Lewis
Huntington School District from the use of the real estate so that
a water well may be constructed and operated.
(C) The Ripley Union Lewis Huntington School District shall
use the real estate to construct and operate a water well. If the
Ripley Union Lewis Huntington School District ceases to use the
real estate to construct and operate a water well, all right,
title, and interest in the real estate immediately reverts to the
state without the need for any further action by the state.
(D) The Ripley Union Lewis Huntington School District shall
pay the costs of the conveyance.
(E) Within thirty days after the effective date of this
section, the Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate. The deed shall
state the consideration and the condition. The deed shall be
executed by the Governor in the name of the state, countersigned
by the Secretary of State, sealed with the Great Seal of the
State, presented in the office of the Auditor of State for
recording, and delivered to the Ripley Union Lewis Huntington
School District. The Ripley Union Lewis Huntington School District
shall present the deed for recording in the office of the Brown
County Recorder.
(F) This section expires one year after its effective date.
Section 753.30. (A)(1) The Director of Administrative
Services and the Director of Youth Services are hereby authorized
to award a contract through a request for proposals for the
operation and management as an adult or juvenile correctional
facility of any facility under the management and control of the
Department of Youth Services following the closure of that
facility and for the transfer of the state's right, title, and
interest in the real property on which the facility is situated
and in any surrounding land. The section applies only to
facilities that are closed before January 1, 2012.
(2) A contract awarded under this section shall include the
requirements, statements, and authorizations that must be included
in a contract pursuant to section 9.06 or 9.07 of the Revised
Code, whichever is applicable. If neither section 9.06 nor 9.07 of
the Revised Code applies to the purposes for which the facility
will be used, the contract shall include requirements, statements,
and authorizations similar to those listed in section 9.06 or 9.07
of the Revised Code but adapted to those purposes. The contract
shall also include all of the following:
(a) An agreement for the sale to the contractor of the
state's right, title, and interest in the facility, the land
situated thereon, and specified surrounding land;
(b) A requirement that the contractor provide preferential
hiring treatment to employees or former employees of the
Department of Youth Services in order to retain or rehire staff
displaced as a result of the closure of the facility and the
transition of the operation and management of the facility and to
meet the administrative, programmatic, maintenance, and security
needs of the facility;
(c) Notwithstanding any provision of the Revised Code,
authorization for the transfer to the contractor of any supplies,
equipment, furnishings, fixtures, or other assets considered
necessary by the Director of Youth Services and the Director of
Administrative Services for the operation and management of the
facility;
(d) Plans for the operation and management of the facility or
the disposition of the facility's employees and prisoners upon
termination of the contract or the bankruptcy or financial
insolvency of the contractor.
(3) If the Director of Administrative Services and the
Director of Youth Services award a contract under this section,
notwithstanding any provision of the Revised Code, the state may
transfer to the contractor in accordance with the contract any
supplies, equipment, furnishings, fixtures, or other assets
considered necessary by the Director of Youth Services and the
Director of Administrative Services for the operation and
management of the facility. For purposes of this paragraph and the
transfer authorized under this paragraph, any such supplies,
equipment, furnishings, fixtures, or other assets shall not be
considered supplies, excess supplies, or surplus supplies as
defined in section 125.12 of the Revised Code and may be disposed
of as part of the transfer of the facility to the contractor.
(B)(1) In preparing the deed, the Auditor of State, with the
assistance of the Attorney General, shall develop a legal
description of the property in conformity with the actual bounds
of the real estate. The grantee named in the deed shall be the
contractor to whom the contract is awarded under this section.
(2) Consideration for conveyance of the real estate shall be
set forth in the contract awarded to the contractor and shall be
paid in accordance with the terms of the contract.
(3)(a) The deed may contain any restriction that the Director
of Administrative Services and the Director of Youth Services
determine is reasonably necessary to protect the state's interest
in neighboring state-owned land.
(b) The deed also shall contain restrictions prohibiting the
grantee from:
(i) Using, developing, or selling the real estate, or the
correctional facility thereon, except in conformance with the
restriction, or if the use, development, or sale will interfere
with the quiet enjoyment of the neighboring state-owned land;
(ii) Using the real estate for any use other than as a
correctional institution.
(4) The real estate shall be sold as an entire tract and not
in parcels.
(5) Upon payment of the purchase price as set forth in the
contract, the Auditor of State, with the assistance of the
Attorney General, shall prepare a deed to the real estate. The
deed shall state the consideration and restrictions and shall be
executed by the Governor in the name of the state, countersigned
by the Secretary of State, sealed with the Great Seal of the
State, presented in the Office of the Auditor of State for
recording, and delivered to the grantee. The grantee shall present
the deed for recording in the office of the recorder of the county
in which the facility is located.
(6) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate, including the costs of
recording the deed.
(7) The proceeds of the conveyance of the real estate shall
be deposited into the State Treasury to the credit of the Adult
and Juvenile Correctional Facilities Bond Retirement Fund and
shall be used to retire bonds in accordance with section 5120.092
of the Revised Code, and any remaining moneys shall be transferred
in accordance with that section to the General Revenue Fund.
(C) This section expires two years after its effective date.
Section 755.10. The Director of Transportation may enter into
agreements as provided in this section with the United States or
any department or agency of the United States, including, but not
limited to, the United States Army Corps of Engineers, the United
States Forest Service, the United States Environmental Protection
Agency, and the United States Fish and Wildlife Service. An
agreement entered into pursuant to this section shall be solely
for the purpose of dedicating staff to the expeditious and timely
review of environmentally related documents submitted by the
Director of Transportation, as necessary for the approval of
federal permits. The agreements may include provisions for advance
payment by the Director of Transportation for labor and all other
identifiable costs of the United States or any department or
agency of the United States providing the services, as may be
estimated by the United States, or the department or agency of the
United States. The Director shall submit a request to the
Controlling Board indicating the amount of the agreement, the
services to be performed by the United States or the department or
agency of the United States, and the circumstances giving rise to
the agreement.
Section 757.10. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS
(A) On or before the tenth day of each month of the period
beginning August 1, 2011, and ending June 30, 2013, the Tax
Commissioner shall determine and certify to the Director of Budget
and Management the amount to be credited during that month to the
Local Government Fund and Public Library Fund pursuant to
divisions (B) to (D) of this section.
(B) Notwithstanding any provision of section 131.51 of the
Revised Code to the contrary, for each month in the period
beginning August 1, 2011, and ending June 30, 2013:
(1) The amount credited first to the Local Government Fund
shall be according to the schedule in division (C) of this
section;
(2) The amount credited next to the Public Library Fund shall
be according to the schedule in division (D) of this section.
(C) Pursuant to division (B)(1) of this section, amounts
shall be credited from revenue arising from the personal income
tax levied under Chapter 5747. of the Revised Code to the Local
Government Fund, as follows:
(1) In August 2011, seventy-five per cent of the amount
credited in August 2010; in August 2012, fifty per cent of the
amount credited in August 2010;
(2) In September 2011, seventy-five per cent of the amount
credited in September 2010; in September 2012, fifty per cent of
the amount credited in September 2010;
(3) In October 2011, seventy-five per cent of the amount
credited in October 2010; in October 2012, fifty per cent of the
amount credited in October 2010;
(4) In November 2011, seventy-five per cent of the amount
credited in November 2010; in November 2012, fifty per cent of the
amount credited in November 2010;
(5) In December 2011, seventy-five per cent of the amount
credited in December 2010; in December 2012, fifty per cent of the
amount credited in December 2010;
(6) In January 2012, seventy-five per cent of the amount
credited in January 2011; in January 2013, fifty per cent of the
amount credited in January 2011;
(7) In February 2012, seventy-five per cent of the amount
credited in February 2011; in February 2013, fifty per cent of the
amount credited in February 2011;
(8) In March 2012, seventy-five per cent of the amount
credited in March 2011; in March 2013, fifty per cent of the
amount credited in March 2011;
(9) In April 2012, seventy-five per cent of the amount
credited in April 2011; in April 2013, fifty per cent of the
amount credited in April 2011;
(10) In May 2012, seventy-five per cent of the amount
credited in May 2011; in May 2013, fifty per cent of the amount
credited in May 2011;
(11) In June 2012, seventy-five per cent of the amount
credited in June 2011; in June 2013, fifty per cent of the amount
credited in June 2011;
(12) In July 2012, fifty per cent of the amount credited in
July 2010.
(D) Pursuant to division (B)(2) of this section, amounts
shall be credited from revenue arising from the kilowatt-hour tax
and sales tax levied under section 5727.81 or 5739.02 of the
Revised Code, respectively, to the Public Library Fund as follows:
(1) In August 2011 and in August 2012, ninety-five per cent
of the amount credited in August 2010;
(2) In September 2011 and in September 2012, ninety-five per
cent of the amount credited in September 2010;
(3) In October 2011 and in October 2012, ninety-five per cent
of the amount credited in October 2010;
(4) In November 2011 and in November 2012, ninety-five per
cent of the amount credited in November 2010;
(5) In December 2011 and in December 2012, ninety-five per
cent of the amount credited in December 2010;
(6) In January 2012 and in January 2013, ninety-five per cent
of the amount credited in January 2011;
(7) In February 2012 and in February 2013, ninety-five per
cent of the amount credited in February 2011;
(8) In March 2012 and in March 2013, ninety-five per cent of
the amount credited in March 2011;
(9) In April 2012 and in April 2013, ninety-five per cent of
the amount credited in April 2011;
(10) In May 2012 and in May 2013, ninety-five per cent of the
amount credited in May 2011;
(11) In June 2012 and in June 2013, ninety-five per cent of
the amount credited in June 2011;
(12) In July 2012, ninety-five per cent of the amount
credited in July 2010.
(E) Notwithstanding any other provision of the Revised Code
to the contrary, the total amount credited to the Local Government
Fund in each month for the period beginning August 1, 2011, and
ending June 30, 2013, shall be distributed by the tenth day of
that month in the following manner:
(1) Each county undivided local government fund shall receive
a distribution from the Local Government Fund based on its
proportionate share of the total amount received from the fund in
that respective month in fiscal year 2011. As used in this
section, "total amount received" does not include payments
received in fiscal year 2011 under division (C) of section 5725.24
of the Revised Code.
(2) Each municipal corporation that received a direct
distribution in fiscal year 2011 from the Local Government Fund
under division (C) of section 5747.50 of the Revised Code shall
receive a distribution based on its proportionate share of the
total amount of direct distributions made to municipal
corporations from the fund in that respective month in fiscal year
2011.
(F) Notwithstanding any other provision of the Revised Code
to the contrary, by the tenth day of each month of the period
beginning July 1, 2011, and ending December 31, 2011, each county
undivided public library fund shall receive a distribution from
the Public Library Fund equal to the product derived by
multiplying the following amounts:
(1) The total amount credited to the Public Library Fund in
that month;
(2) A percentage calculated by multiplying one hundred by the
quotient obtained by dividing the sum of the county's
distributions from the Public Library Fund during calendar year
2010 by the sum of distributions made to all counties from the
Public Library Fund during calendar year 2010.
(G) Notwithstanding any other provision of the Revised Code
to the contrary, by the tenth day of each month of the period
beginning January 1, 2012, and ending June 30, 2013, each county
undivided public library fund shall receive a distribution from
the Public Library Fund equal to the product derived by
multiplying the following amounts:
(1) The total amount credited to the Public Library Fund in
that month;
(2) A percentage calculated by multiplying one hundred by the
quotient obtained by dividing the sum of the county's
distributions from the Public Library Fund during calendar year
2011 by the sum of distributions made to all counties from the
Public Library Fund during calendar year 2011.
(H) For the 2012 and 2013 distribution years, the Tax
Commissioner is not required to issue the certifications otherwise
required by sections 5747.47, 5747.501, and 5747.51 of the Revised
Code, but shall provide to each county auditor by July 20, 2011,
and July 20, 2012, an estimate of the amounts to be received by
the county in the ensuing year from the Public Library Fund and
the Local Government Fund pursuant to this section and any other
section of the Revised Code. The Tax Commissioner may report to
each county auditor additional revised estimates of the 2011,
2012, or 2013 distributions at any time during fiscal years 2012
and 2013.
Section 757.20. A school district, joint vocational school
district, or local taxing unit may appeal a levy classification or
any amount used in the calculation of total resources as defined
under division (A) of section 5727.84 or division (A) of section
5751.20 of the Revised Code. Such an appeal shall be filed in
writing, including via electronic mail, with the Tax Commissioner.
Upon receiving such an appeal, the Tax Commissioner shall make a
determination of the merits of the appeal and, if the appeal is
upheld, make necessary changes within the classifications or
calculations. The determination of the Tax Commissioner is final
and not subject to appeal. After June 30, 2013, no changes shall
be made in the classifications or calculations.
Section 757.30. The Tax Commissioner shall conduct a review
of the operations of the Board of Tax Appeals, and, not later than
November 15, 2011, shall submit a written report to the Governor,
Speaker of the House of Representatives, and President of the
Senate providing an assessment of the Board's operations and
recommendations for improvement. The Tax Commissioner's review
shall include consultation with persons who have participated in
or have had matters before the Board and are familiar with the
Board's operations and procedures. The report shall include
recommendations for improving the appeals process, internal
operations, and other operational matters the Commissioner deems
advisable. The Commissioner may designate an employee of the
Department of Taxation to conduct the review.
Section 757.40. (A) As used in this section:
(1) "Qualifying delinquent taxes" means any tax levied under
Chapters 5733., 5739., 5741., 5747., and 5748. of the Revised
Code, including the taxes levied under sections 5733.41 and
5747.41 of the Revised Code and taxes required to be withheld
under Chapters 5747. and 5748. of the Revised Code, which were due
and payable from any person as of May 1, 2011, were unreported or
underreported, and remain unpaid.
(2) "Qualifying delinquent personal property taxes" means a
tax for which a return was required to be filed under section
5711.02 of the Revised Code for a tax year before 2011.
(3) "Qualifying delinquent taxes" and "qualifying delinquent
personal property taxes" do not include any tax for which a notice
of assessment or audit has been issued, for which a bill has been
issued, which relates to a tax period that ends after the
effective date of this section, or for which an audit has been
conducted or is currently being conducted.
(B) The Tax Commissioner shall establish and administer a tax
amnesty program with respect to qualifying delinquent taxes and
qualifying delinquent personal property taxes. The program shall
commence on January 1, 2012, and shall conclude on February 15,
2012. The Tax Commissioner shall issue forms and instructions and
take other actions necessary to implement the program. The Tax
Commissioner shall publicize the program so as to maximize public
awareness and participation in the program.
(C)(1) During the program, if a person pays the full amount
of qualifying delinquent taxes owed by that person and one-half of
any interest that has accrued as a result of the person failing to
pay those taxes in a timely fashion, the Tax Commissioner shall
waive or abate all applicable penalties and one-half of any
interest that accrued on the qualifying delinquent taxes.
(2) During the program, if a person who owes qualifying
delinquent personal property taxes files a return with the Tax
Commissioner, in the form and manner prescribed by the Tax
Commissioner, listing all taxable property that was required to be
listed on the return required to be filed under section 5711.02 of
the Revised Code, the Tax Commissioner shall issue a preliminary
assessment certificate to the appropriate county auditor. Upon
receiving a preliminary assessment certificate issued by the Tax
Commissioner pursuant to this division, the county auditor shall
compute the amount of qualifying delinquent personal property
taxes owed by the person and shall add to that amount one-half of
the interest prescribed under sections 5711.32 and 5719.041 of the
Revised Code. The county treasurer shall collect the amount of tax
and interest computed by the county auditor under this division by
preparing and mailing a tax bill to the person as prescribed in
section 5711.32 of the Revised Code. If the person pays the full
amount of tax and interest thereon on or before the date shown on
the tax bill, all applicable penalties and one-half of any
interest that accrued on the qualifying delinquent personal
property taxes shall be waived.
(3) Notwithstanding any contrary provision of the Revised
Code, the Tax Commissioner shall not furnish to the county auditor
any information pertaining to the exemption from taxation under
division (C)(3) of section 5709.01 of the Revised Code insofar as
that information pertains to any person who pays qualifying
delinquent personal property taxes under division (C)(2) of this
section.
(D) The Tax Commissioner may require a person participating
in the program to file returns or reports, including amended
returns and reports, in connection with the person's payment of
qualifying delinquent taxes or qualifying delinquent personal
property taxes.
(E) A person who participates in the program and pays in full
any outstanding qualifying delinquent tax or qualifying delinquent
personal property tax and the interest payable on such tax in
accordance with this section shall not be subject to any criminal
prosecution or any civil action with respect to that tax, and no
assessment shall thereafter be issued against that person with
respect to that tax.
(F) Taxes and interest collected under the program shall be
credited to the General Revenue Fund, except that:
(1) Qualifying delinquent taxes levied under section
5739.021, 5739.023, or 5739.026 of the Revised Code shall be
distributed to the appropriate counties and transit authorities in
accordance with section 5739.21 of the Revised Code during the
next distribution required under that section;
(2) Qualifying delinquent taxes levied under section
5741.021, 5741.022, or 5741.023 of the Revised Code shall be
distributed to the appropriate counties and transit authorities in
accordance with section 5741.03 of the Revised Code during the
next distribution required under that section; and
(3) Qualifying delinquent taxes levied under Chapter 5748. of
the Revised Code shall be credited to the school district income
tax fund and then paid to the appropriate school district with the
next payment required under division (D) of section 5747.03 of the
Revised Code.
Section 757.41. Section 757.40 of this act is hereby
repealed, effective February 16, 2012. The repeal of Section
757.40 of this act does not affect, after the effective date of
the repeal, the rights, remedies, or actions authorized under that
section.
Section 757.50. All inheritance tax files that still remain
open under temporary order, or otherwise, for which the "ultimate
succession" pursuant to former sections 5731.28 and 5731.29 of the
Revised Code as those sections existed before their repeal by S.B.
326 of the 107th General Assembly (effective July 1, 1968),
relating to the inheritance tax, has not been finalized and have
not been submitted to the Department of Taxation as explained
below, shall be considered to be closed as of January 1, 2013.
Notwithstanding the former sections of the Revised Code
constituting the Ohio Inheritance Tax as those sections existed
before their repeal by that act, all claims and inquiries must be
received by the Department of Taxation, or postmarked on or
before, December 31, 2012.
Section 801.20. As used in the uncodified law of this act,
"American Recovery and Reinvestment Act of 2009" means the
"American Recovery and Reinvestment Act of 2009," Pub. L. No.
111-5, 123 Stat. 115.
Section 801.30. REVENUE GENERATED BY TRANSFER OF LIQUOR
ENTERPRISE TO JOBSOHIO
The revenue estimates for fiscal year 2012 assume receipt of
$500,000,000 in cash from JobsOhio pursuant to section 4313.02 of
the Revised Code, as enacted by this act, and the transfer of the
enterprise acquisition project authorized therein.
Section 803.30. Upon the effective date of new sections
2151.56, 2151.57, 2151.58, and 2151.59 of the Revised Code as
enacted by this act, the versions of those sections enacted in
Section 101.01 of this act will replace the versions of those
sections, and the versions of sections 2151.60 and 2151.61 of the
Revised Code, in effect on the day immediately preceding that
effective date.
Section 803.40. Sections 121.40, 121.401 to 121.404, 1501.40,
3301.70, 3333.043, and 4503.93 of the Revised Code continue to
operate the same as they did before their amendment by this act,
except for the name of the Ohio Community Service Council being
changed to the Ohio Commission on Service and Volunteerism.
Section 803.50. The amendments to Chapter 349. of the Revised
Code enacted by this act apply to any proceedings commenced after
the amendments' effective date, and, so far as their provisions
support the actions taken, also apply to proceedings that on their
effective date are pending, in progress, or completed,
notwithstanding the applicable law previously in effect or any
provision to the contrary in a prior resolution, ordinance, order,
advertisement, notice, or other proceeding. Any proceedings
pending or in progress on the effective date of those amendments
shall be deemed to have been taken in conformity with the
amendment.
The authority provided in the amendments to Chapter 349. of
the Revised Code of this act provide additional and supplemental
provisions for the subject matter that may also be the subject of
other laws, and is supplemental to and not in derogation of any
similar authority provided by, derived from, or implied by, the
Ohio Constitution, or any other law, including laws amended by
this act, or any charter, order, resolution, or ordinance, and no
inference shall be drawn to negate the authority thereunder by
reason of express provisions contained in the amendments to
Chapter 349. of the Revised Code enacted by this act.
Section 803.60. Section 3903.301 of the Revised Code shall
apply only to formal delinquency proceedings that commence under
sections 3903.01 to 3903.59 of the Revised Code on or after the
effective date of this act.
Section 806.10. The items of law contained in this act, and
their applications, are severable. If any item of law contained in
this act, or if any application of any item of law contained in
this act, is held invalid, the invalidity does not affect other
items of law contained in this act and their applications that can
be given effect without the invalid item of law or application.
Section 809.10. An item of law, other than an amending,
enacting, or repealing clause, that composes the whole or part of
an uncodified section contained in this act has no effect after
June 30, 2013, unless its context clearly indicates otherwise.
Section 812.10. Except as otherwise provided in this act, the
amendment, enactment, or repeal by this act of a section is
subject to the referendum under Ohio Constitution, Article II,
section 1c and therefore takes effect on the ninety-first day
after this act is filed with the Secretary of State or, if a later
effective date is specified below, on that date.
The amendment or repeal of sections 9.231, 9.24, 127.16,
1751.01, 1751.04, 1751.11, 1751.111, 1751.12, 1751.13, 1751.15,
1751.17, 1751.20, 1751.31, 1751.34, 1751.60, 2744.05, 3111.04,
3113.06, 3119.54, 3901.3814, 3923.281, 3963.01, 4731.65, 4731.71,
5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215, 5101.5216,
5101.571, 5101.58, 5111.0112, and 5111.941 of the Revised Code
takes effect October 1, 2011.
The amendment of sections 5707.031, 5725.151, 5725.24, and
5751.011 of the Revised Code takes effect January 1, 2012.
The amendment, enactment, or repeal of sections 3721.16,
5111.709, 5119.221, 5122.02, 5122.27, 5122.271, 5122.29, 5122.32,
5123.092, 5123.35, 5123.60 (5123.601), 5123.601, 5123.602,
5123.603, 5123.604, 5123.605, 5123.61, 5123.63, 5123.64, 5123.69,
5123.701, 5123.86, 5123.99, and 5126.33 of the Revised Code takes
effect October 1, 2012.
Section 812.20. The amendment, enactment, or repeal by this
act of the sections listed below is exempt from the referendum
under Ohio Constitution, Article II, section 1d and section 1.471
of the Revised Code and therefore takes effect immediately when
this act becomes law or, if a later effective date is specified
below, on that date.
Sections 9.06, 111.12, 111.16, 111.18, 111.181, 111.28,
111.29, 117.13, 121.37, 124.09, 124.23, 124.231, 124.25, 124.26,
124.27, 124.31, 125.15, 125.18, 125.213, 125.28, 125.89, 126.04,
126.12, 126.24, 131.44, 131.51, 149.091, 149.11, 149.311, 319.301,
901.09, 924.52, 927.69, 1309.528, 1327.46, 1327.50, 1327.501,
1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04,
1329.42, 1332.24, 1501.031, 1515.14, 1551.311, 1551.32, 1551.33,
1551.35, 1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08,
1555.17, 1701.07, 1702.59, 1703.031, 1703.07, 1776.83, 1785.06,
3301.07, 3301.16, 3301.162, 3302.031, 3302.07, 3302.23, 3302.24,
3306.01, 3306.011, 3306.012, 3306.02, 3306.03, 3306.04, 3306.05,
3306.051, 3306.052, 3306.06, 3306.07, 3306.08, 3306.09, 3306.091,
3306.10, 3306.11, 3306.12, 3306.13, 3306.18, 3306.19, 3306.191,
3306.192, 3306.21, 3306.22, 3306.25, 3306.29, 3306.291, 3306.292,
3306.30, 3306.31, 3306.33, 3306.34, 3306.35, 3306.40, 3307.31,
3307.64, 3309.41, 3309.48, 3309.51, 3310.02, 3310.03, 3310.05,
3310.08, 3310.41, 3311.05, 3311.059, 3311.0510, 3311.06, 3311.19,
3311.21, 3311.29, 3311.52, 3311.76, 3313.29, 3313.411, 3313.55,
3313.614, 3313.64, 3313.6410, 3313.843, 3313.88, 3313.978,
3313.981, 3314.015, 3314.019, 3314.06, 3314.08, 3314.085,
3314.087, 3314.088, 3314.091, 3314.10, 3314.35, 3314.38, 3314.402,
3315.01, 3316.041, 3316.06, 3316.20, 3317.01, 3317.011, 3317.013,
3317.014, 3317.016, 3317.017, 3317.018, 3317.02, 3317.021,
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211,
3317.0212, 3317.0216, 3317.03, 3317.031, 3317.04, 3317.05,
3317.051, 3317.053, 3317.06, 3317.061, 3317.07, 3317.08, 3317.081,
3317.082, 3317.09, 3317.11, 3317.12, 3317.16, 3317.17, 3317.18,
3317.19, 3317.20, 3317.201, 3318.051, 3319.088, 3319.10, 3319.14,
3319.161, 3319.18, 3319.19, 3319.39, 3319.57, 3323.091, 3323.14,
3323.142, 3323.25, 3323.31, 3324.05, 3326.33, 3326.39, 3327.02,
3327.04, 3327.05, 3329.16, 3345.14, 3345.81, 3349.242, 3353.15,
3365.01, 3365.08, 3506.05, 3701.0211, 3704.06, 3704.14, 3734.901,
3745.015, 3745.016, 3793.04, 3793.21, 4115.101, 4117.01, 4117.03,
4117.06, 4141.08, 4141.11, 4301.43, 4511.191, 4725.34, 4733.15,
4733.151, 5111.0122, 5111.0213, 5111.0215, 5111.83, 5111.945,
5112.99, 5112.991, 5120.092, 5123.0419, 5126.0511, 5126.11,
5126.18, 5126.23, 5126.24, 5703.05, 5705.211, 5715.26, 5727.84,
5727.85, 5727.86, 5747.46, 5747.51, 5751.20, 5751.21, 5751.22,
5751.23, and 6109.21.
The amendment, enactment, or repeal of sections 3306.12
(3317.0212), 3318.312, 3326.11, 3721.50, 3721.51, 3721.56,
3721.561 (3721.56), 3721.58, 3722.01 (5119.70), 3722.011
(5119.701), 3722.02 (5119.71), 3722.021 (5119.711), 3722.022
(5119.712), 3722.03 (5119.72), 3722.04 (5119.73), 3722.041
(5119.731), 3722.05 (5119.74), 3722.06 (5119.75), 3722.07
(5119.76), 3722.08 (5119.77), 3722.09 (5119.78), 3722.10
(5119.79), 3722.11 (5119.80), 3722.12 (5119.81), 3722.13
(5119.82), 3722.14 (5119.83), 3722.15 (5119.84), 3722.151
(5119.85), 3722.16 (5119.86), 3722.17 (5119.87), 3722.18
(5119.88), 3722.99, 3769.08, 3769.20, 3769.26, 5111.222, 5111.231,
5111.24, 5111.243, 5111.244, 5111.25, 5111.254, 5112.30, 5112.31,
5112.37, 5112.371, 5112.39, and 5119.99 of the Revised Code takes
effect July 1, 2011.
The amendment of sections 5112.40, 5112.41, and 5112.46 of
the Revised Code takes effect October 1, 2011.
Sections of this act prefixed with section numbers in the
200's, 300's, 400's, 500's, and 600's, except for Sections
309.30.40, 337.30.80, 501.___, 515.20, 690.10, and 690.11 of this
act.
Sections 733.10, 753.10, 757.10, 757.20, and 757.30 of this
act.
Sections 801.20, 812.10, 812.20, and 812.30 of this act.
Section 812.30. The sections that are listed in the left-hand
column of the following table combine amendments by this act that
are and that are not exempt from the referendum under Ohio
Constitution, Article II, sections 1c and 1d and section 1.471 of
the Revised Code.
The middle column identifies the amendments to the listed
sections that are subject to the referendum under Ohio
Constitution, Article II, section 1c and therefore take effect on
the ninety-first day after this act is filed with the Secretary of
State or, if a later effective date is specified, on that date.
The right-hand column identifies the amendments to the listed
sections that are exempt from the referendum under Ohio
Constitution, Article II, section 1d and section 1.471 of the
Revised Code and therefore take effect immediately when this act
becomes law or, if a later effective date is specified, on that
date.
Section of law |
Amendments subject to referendum |
Amendments exempt from referendum |
|
|
1551.33 |
The amendment in division (C) striking through "1551.13," |
All amendments except as described in the middle column |
|
|
3302.05 |
The amendment inserting "or from the requirements of sections 3317.14, 3317.141, 3319.08, 3319.11, or 3319.17" |
All amendments except as described in the middle column |
|
|
3313.614 |
All amendments except as described in the right-hand column |
The amendment to division (C)(1) |
|
|
3314.10 |
The amendments to divisions (A) and (B)(1) |
The amendments to division (B)(2) |
|
|
3318.032 |
The amendment inserting "subject to a new project scope and estimated costs under section 3318.054 of the Revised Code," |
1. The amendment striking "one-year" and inserting "thirteen-month" 2. The amendment striking "year" and inserting "period"
|
|
|
3318.05 |
The amendment inserting ", subject to section 3318.054 of the Revised Code" |
The amendment striking "one year" and inserting "thirteen months" |
|
|
3318.41 |
The amendments to divisions (D)(2) and (H) |
The amendment to division (D)(1)(b) |
|
|
3319.17 |
Amendments to divisions (C) and (D) |
Amendment to division (A) |
|
|
3326.11 |
All amendments except as described in the right-hand column |
The amendment adding "3313.88," takes effect July 1, 2011 |
|
|
3722.01 (5119.70) |
The amendments to division (A)(13) |
All amendments except the amendments to division (A)(13) |
|
|
3722.04 (5119.73) |
The amendments to division (C) |
All amendments except the amendments to division (C) |
|
|
3722.16 (5119.86) |
The amendment to division (B)(1)(d) |
All amendments except the amendment to division (B)(1)(d) |
|
|
3734.57 |
All amendments except amendments to division (A) |
Amendments to division (A) |
|
|
3745.11 |
The amendment inserting division (S)(3) and amendments in division (S)(1) relating thereto |
All amendments except as described in the middle column |
|
|
4115.10 |
The amendment in division (A) striking "(1) or (2)" |
All amendments except as described in the middle column |
|
|
4117.01 |
All amendments except as described in the right-hand column |
The amendment to division (B) striking "governing authority of a community school established under Chapter 3314. of the Revised Code;" and adding "or the governing authority of a community school established under Chapter 3314. of the Revised Code" |
|
|
5111.873 |
1. The amendment to division (A) that inserts "subject to division (D) of this section" 2. All of division (D)
|
All amendments except as described in the middle column |
|
|
5126.05
|
The amendment to division (D) |
The amendment to division (A)(4) |
|
|
Section 812.40. The amendments to sections 5101.26, 5122.01,
and 5122.31 of the Revised Code are subject to the referendum
under Ohio Constitution, Article II, Section 1c and section 1.471
of the Revised Code, and therefore take effect on the ninety-first
day after this act is filed with the Secretary of State. However:
In section 5101.26 of the Revised Code, the amendment
striking "and 5101.5211 to 5101.5216" takes effect on October 1,
2011;
In section 5122.01 of the Revised Code, the amendment to
division (O) of the section takes effect on October 1, 2012; and
In section 5122.31 of the Revised Code, the amendment to
division (A)(2) of the section takes effect on October 1, 2012.
In section 5123.19 of the Revised Code, the amendment to
division (L) of the section takes effect October 1, 2012.
Section 815.10. In amending divisions (B), (C), (D)(3)(b),
and (E)(4) of section 2929.14, section 2929.19, and section
2929.41 of the Revised Code in this act, it is the intent of the
General Assembly to simultaneously repeal and revive the amended
language in those divisions and sections that was invalidated and
severed by the Ohio Supreme Court's decision in State v. Foster
(2006), 109 Ohio St.3d 1. The amended language in division (E)(4)
of section 2929.14 and in division (A) of section 2929.41 of the
Revised Code clearly is subject to reenactment under the United
States Supreme Court's decision in Oregon v. Ice (2009), 555 U.S.
160, and the Ohio Supreme Court's decision in State v. Hodge
(2010), ___ Ohio St.3d ___, Slip Opinion No. 2010-Ohio-6320 and,
although constitutional under Hodge, supra, that language is not
enforceable until deliberately revived by the General Assembly,
and the amended language in the other provisions arguably also is
subject to reenactment under those decisions if deliberately
revived by the General Assembly.
Section 815.20. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 9.06 of the Revised Code as amended by Am. Sub. H.B.
130 of the 127th General Assembly and Am. Sub. H.B. 1 of the 128th
General Assembly.
Section 121.37 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 124.23 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 124.27 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 124.34 of the Revised Code as amended by Am. Sub.
H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly.
Section 127.16 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Sections 1923.01 and 1923.02 of the Revised Code as amended
by both Sub. H.B. 56 and Am. Sub. S.B. 10 of the 127th General
Assembly.
Section 2903.33 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 2929.14 of the Revised Code as amended by Am. Sub.
H.B. 130 and Am. Sub. H.B. 280 of the 127th General Assembly.
Section 3301.07 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 3313.65 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 3317.02 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 3317.024 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 3317.03 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 3317.20 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 3323.091 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 3323.142 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 3721.01 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 3722.01 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 4115.04 of the Revised Code as amended by Sub. H.B.
443 and Am. Sub. H.B. 699 of the 126th General Assembly.
Section 5111.211 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 5112.30 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 5112.37 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 5123.0413 as amended by Am. Sub. H.B. 1 and Sub. S.B.
79 of the 128th General Assembly.
Section 5123.0417 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 5123.19 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 5126.05 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 5126.054 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 5126.0512 as amended by Am. Sub. H.B. 1 and Sub. S.B.
79 of the 128th General Assembly.
Section 5126.24 of the Revised Code as amended by Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.
Section 5739.02 of the Revised Code as amended by Am. Sub.
S.B. 181 and Am. Sub. S.B. 232 of the 128th General Assembly.
Section 815.30. The amendment by this act to section 111.15
of the Revised Code does not accelerate the taking effect of the
amendment to that section by S.B. 2 of the 129th General Assembly,
which takes effect January 1, 2012.